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PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                            DA 98-520

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                                                   Released: March 17, 1998

Petition for Declaratory Ruling of the Telecommunications Resellers Association
                                    
                       Pleading Cycle Established

COMMENTS:  April 21, 1998

REPLY COMMENTS:  May 12, 1998

        On  March 5,1998, the Telecommunications Resellers Association (TRA) filed a petition
requesting that te Commission issue a declaratory ruling that incumbent local exchange carriers (LECs)
are required to make voice messaging services available for resale at wholesale rates, pursuant to Section
251(c)(4) of the Communications Act of 1934 (Communications Act), 47 U.S.C.  251(c)(4).

        TRA states that incumbent LEC voice messaging services provide for the transmission of
information from the calling party to the incumbent LEC's voice mail unit, and to the called party.  The
message the called party receives when he or she retrieves his or her messages is the same message, in
both form and content, as the message delivered to the voice mail unit by the calling party.  TRA notes
that voice messaging services are "telecommunications services," as that term is defined by Section
153(51) of the Communications Act, 47 U.S.C.  153(51).  TRA argues that since voice messaging
services are "telecommunications services" offered at retail and often bundled with other
telecommunications services, any restriction or condition imposed by incumbent LECs on their resale is
presumptively  unreasonable and in violation of Section 251(c)(4).    

        TRA asserts that many incumbent LECs are currently either refusing to make voice message
services available for resale to requesting telecommunications carriers or declining to offer such services
at wholesale rates.  TRA contends that a number of State Commissions have ruled that voice messaging
services are telecommunications services that must be offered for resale at wholesale rates.  Some State
Commissions have declined to mandate the resale of voice messaging services, while still other State
Commissions, while requiring voice messaging services be made available for resale, have not directed
incumbent LECs to offer these services at wholesale rates.

        TRA states that, given the growing demand for voice messaging services among both small
business and residential users, the refusal of many incumbent LECs to make voice messaging services
available for resale at wholesale rates has proven to be an impediment to entry for new market entrants,
particularly small to mid-size providers seeking to resell local service.

        Interested parties may file comments on the Telecommunications Resellers Association petition
for declaratory ruling  no later than April 21, 1998.  Replies must be filed by May 12, 1998.. When
filing comments and/or replies, please reference the internal file number: CCB/CPD 98-16.







        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 -