NEWSReport No. DC-2688 ACTION IN DOCKET CASE December 12, 1994 COMMON CARRIER BUREAU FINDS VIRTUAL COLLOCATION TARIFF PROVISIONS UNLAWFUL AND LIKELY TO BE UNREASONABLY HIGH (CC DOCKET 94-97) On December 9, 1994, the Common Carrier Bureau partially suspended most of the rates for virtual collocation service that Tier 1 local exchange carriers had filed pursuant to the Commission's July 1994 Virtual Collocation Order. The Bureau also suspended all of the carriers' virtual collocation tariffs for one day and permitted them to take effect, subject to an investigation and an accounting order. In addition, the Bureau rejected several terms and conditions proposed in the LECs' tariffs that were found to be "patently unlawful." "This action represents another significant step in the Commission's continuing effort to foster fair and efficient competition for interstate access services," said Common Carrier Bureau Chief Kathleen M.H. Wallman. "The measures implemented in our order are intended to ensure that during the pendency of the tariff investigation, expanded interconnection through virtual collocation will be available under rates, terms and conditions that will promote competition for interstate transport services." The local exchange carriers filed their tariffs for virtual collocation service on September 1, 1994 with a scheduled effective date of December 15, 1994. Based on its initial review of those tariffs, the Bureau concluded that most of the carriers had failed to show that their proposed overhead loading factors were reasonable under the standard set forth in the Virtual Collocation Order. Specifically, the Bureau found that carriers had failed to justify proposals to recover a greater proportion of overhead costs in charges for virtual collocation services than they recover in charges for comparable services. The Bureau concluded that the proposed rates that included the higher overheads were likely to be unreasonably high and, accordingly, partially suspended the affected rates. Ms. Wallman stated that the Bureau's action "will prevent apparently unreasonable rates from taking effect, while permitting rates that do not appear to be unreasonable to become effective, subject to an investigation and an accounting order." Action by the Chief, Common Carrier Bureau, December 9, 1994, by Order (DA 94- 1421). - FCC - News Media Contact: Susan Lewis Sallet at (202) 418-0500. Common Carrier Bureau Contacts: Donna N. Lampert at (202) 418-1580 and Amy Glatter at (202) 418-1530.