PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-218 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: February 5, 1998 Bell Atlantic Petitions Commission for Waiver of Nonrecurring Charges Pleading Cycle Established COMMENTS: February 18, 1998 REPLY COMMENTS: February 25, 1998 On January 30, 1998, Bell Atlantic filed a petition requesting the Commission grant it an indefinite waiver of nonrecurring charges for customers who reconfigure their Bell Atlantic-provided DS1 and DS3 services or who move from a service provided by a competitive access provider to a service by Bell Atlantic. In its Second Memorandum Opinion and Order in CC Docket No. 91-141 the Commission concluded that local exchange carriers must apply nonrecurring reconfiguration charges in a competitively neutral manner. Bell Atlantic was granted a waiver of this requirement, subject to certain specified conditions. Bell Atlantic states the the Waiver Order permitted it to: 1) waive nonrecurring charges when a customer upgrades its Bell Atlantic-provided DS1 and DS3 services to a higher bit rate service or moves from a competitive access provider's service to a Bell Atlantic service; 2) recover its reconfiguration costs in these circumstances through recurring charges; and 3) charge nonrecurring charges when a customer moves from a service provided by Bell Atlantic to a service provided by a competitive access provider. Bell Atlantic states that the waiver was limited to customers in Bell Atlantic's Zone 1 offices in New York for one year. Bell Atlantic was granted one year extensions by the Common Carrier Bureau on March 19, 1996 and March 14, 1997. Bell Atlantic states that the Bureau concluded in the Extension Orders that it was necessary to examine the effects of this waiver again in one year to determine whether Bell Atlantic's recurring charge rate structure was undermining competition. In support of its petition, Bell Atlantic states that competitive access providers continue to hold on to its market share of the high capacity special access market in New York City and that an indefinite waiver would not interfere with any pending proceedings concerning review of the waiver orders or access charge pricing flexibility. Interested parties may file comments on the Bell Atlantic petition no later than February 18, 1998. Replies must be filed by February 25, 1998. When filing comments and/or replies, please reference the internal file number: CCB/CPD 98-6. An original and four copies of all comments and replies must be filed in accordance with Section 1.51(c) of the Commission's Rules, 47 C.F.R.  1.51(c). In addition, one copy of each pleading must be filed with International Transcription Services (ITS), the Commission's duplicating contractor, at its office at 1231 - 20th Street, N.W., Washington, D.C. 20036 and one copy with the Chief, Competitive Pricing Division, Room 518, 1919 M Street, N.W.,Washington, D.C. 20554. For further information contact, Wanda M. Harris, Competitive Pricing Division, Common Carrier Bureau, (202) 418-1530. - FCC -