Report No. CC-565 COMMON CARRIER ACTION March 10, 1994 FCC CLARIFIES AND AMENDS REVIEW ORDER CONCERNING NYNEX'S ENTERPRISE SERVICE The Commission has clarified and amended its Review Order concerning NYNEX's Enterprise Service. Enterprise is provided largely over fiber-optic facilities, and includes certain automated network management features such as remote monitoring and provisioning. Enterprise uses a bundled multiplexer on a customer's premises to derive 24 DSO channels from a DS1 circuit. The 24th channel is used for communications with the central office multiplexer to provide the automated network management features, including remote monitoring and provisioning. On January 21, 1993, the FCC's Common Carrier Bureau granted NYNEX a limited waiver of the prohibition against bundling of customer premises equipment (CPE) to enable NYNEX to offer Enterprise DSO service. The Bureau, however, declined to apply the multiplexer exception to that prohibition established in Computer II. The order limited the waiver to situations where a customer subscribed to 22 or fewer Enterprise DSO channels at one location. The Commission, however, released a November 29, 1993 order which overturned the Bureau's waiver order and directed NYNEX to either: 1) withdraw Enterprise service; or 2) revise its offering to provide service on an unbundled basis and publish standards for multiplexer interconnection and interoperation as required by the Commission's network disclosure rules. In either case, the Commission allowed the Bureau's waiver to remain in effect for existing interstate customers for a 12-month transition period. Customers taking only intrastate service were not permitted to add interstate circuits. On appeal, the United States Court of Appeals for the District of Columbia granted NYNEX a stay of the Commission's Review Order. The Commission requested and was granted a remand on January 26, 1994. (over) -2- In the instant proceeding, the Commission amended the interim provisions of its November 29 order. Specifically, the Commission will: 1) permit NYNEX to fill orders that were pending on the date of release of this order; 2) permit purely intrastate customers of Enterprise service to add interstate circuits; and, 3) limit marketing activities by NYNEX to service offerings that comply with the requirements of this order. The Commission rejected NYNEX's petition for waiver of the six-month network disclosure period during which the unbundled service may not be offered. Finally, the Commission dismissed as moot NYNEX's request for stay with the FCC because the court has ruled on the same issues. This order is effective when the Court lift's the stay. Action by the Commission March 7, 1994, by Memorandum Opinion and Order (FCC 94-53). Chairman Hundt, Commissioners Quello and Barrett. -FCC- News Media contact: Patricia A. Chew at (202) 632-5050. Common Carrier Bureau contact: Andrew Mulitz and Greg Vogt at (202) 632-6917.