Report No. CC-568 COMMON CARRIER ACTION March 25, 1994 ACC AND ALLNET AWARDED DAMAGES FOR VIOLATIONS BY TELCOS OF RATE OF RETURN PRESCRIPTION The Commission determined that several local exchange carriers (LECs) have violated the Communications Act by earning in excess of the rate of return for interstate access services prescribed by the Commission for the period January 1, 1989, through December 31, 1990. ACC Long Distance Corporation had filed a complaint against New York Telephone Co. and Allnet Communications Services filed against BellSouth, Cincinnati Bell, Mountain States Telephone and Telegraph, Northwestern Bell and Pacific Northwest Telephone Co. The last three companies later consolidated into U S West. The Commission awarded monetary damages, plus interest, for the defendants' violations. The Commission also concluded that Allnet had failed to establish that BellSouth and Cincinnati Bell violated Section 201(b) and 202(a) of the Act by failing to provide dial-1 access in the manner requested by Allnet or that the defendants are required to assess non-premium access rates. Allnet was awarded $89,540 from BellSouth; $802 from Cincinnati Bell and $358,000 from U S West. ACC was awarded $10,427 from New York Telephone Co. Action by the Commission March 22, 1994, by Memorandum Opinion and Order (FCC 94-73). Chairman Hundt, Commissioners Quello and Barrett. - FCC - News Media contact: Rosemary Kimball at (202) 632-5050. Common Carrier Bureau contact: Colleen Heitkamp at (202) 632- 4887.