Report No. CC-584 COMMON CARRIER ACTION August 11, 1994 FCC GRANTS GUAM TELEPHONE AUTHORITY'S REQUEST FOR DECLARATORY RULING REGARDING EQUAL ACCESS PROTOCOL FOR GUAM The Commission has granted the Guam Telephone Authority's (GTA) request for a declaratory ruling: 1) specifying the equal access protocol for Guam; and, 2) stating that the implementation of Feature Group D (FGD) on Guam is not a violation of the Communications Act, or of any outstanding Commission order or directive. This action was taken over the objection of Columbia Communications Corporation. Prior to 1993, GTA engaged in anticompetitive acts that favored the dominant interexchange carrier on Guam. On June 2, 1992, the FCC issued a show cause order that required GTA to show cause why it should not file a lawful access tariff with the Commission or , failing to do so, why the FCC should not prescribe a lawful tariff. The show cause order included interlocutory provisions to prevent additional violations of the Communications Act pending conclusion of the Show Cause Order proceedings. In April 1993, GTA filed an "Integrated Compliance Plan" (ICP), containing a six-step transitional approach, that GTA stated was designed to bring GTA into compliance with the Show Cause Order. The ICP stated that GTA intended to file a usage sensitive tariff on January 1, 1994. GTA's switch software, however, was not able to measure interexchange carrier access minutes which, GTA stated, is essential to the administration of a usage sensitive access tariff. GTA asked the Commission to specify the equal access protocol that should be used on Guam. In a separate petition, Columbia requested that the Commission rule that GTA's existing CAMA/ANI protocol, with usage measurement software added, is the appropriate equal access protocol to use on Guam. (over) -2- In its ruling, the Commission concluded that the implementation of FGD is in the public interest, as expressed in Sections 1 and 7 of the Communications Act. The Commission reached this conclusion because FGD will promote interexchange competition, facilitate the technological development of new communications services, and provide reliable measurement software at lesser cost. Action by the Commission August 4, 1994, by Memorandum Opinion and Order (FCC 94-205). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Common Carrier Bureau contact: Kent R. Nilsson at (202) 634- 1861.