NEWSReport No. DC- 95-12 ACTION IN DOCKET CASE January 12, 1995 COMMISSION VOTES TO STREAMLINE REGULATION OF AT&T COMMERCIAL SERVICES (CC DOCKET 93-197) The Commission voted today to move AT&T's commercial long distance services from price cap to streamlined regulation, a decision that will foster more vigorous competition for customers of these services. The Commission based its action on its finding that there are alternative providers of these services, and that facilities-based competitors of AT&T have ample capacity to service additional customers and have shown a willingness to do so. The Commission further found that customers are aware and make use of competing providers of commercial long distance services, as evidenced by the fluctuation in AT&T's market share. The Commission made clear that AT&T may not restrict resale and shared use of these services. Commercial services are those used by AT&T's customers that are classified as commercial, as opposed to residential, customers by local telephone companies. Customers of commercial long distance services offered by AT&T and other carriers are typically smaller businesses than those that subscribe to long distance services already removed from price cap regulation. Under streamlined regulation, a tariff filing is presumed lawful and may take effect on 14 days' notice without extensive cost support data. Under price caps, AT&T's commercial long distance tariffs were filed on at least 45 days' notice, with substantial cost support data. The Commission declined to revise the price cap treatment of AT&T's 800 directory assistance and analog private line services. It found that at the present time, 800 directory service remains essentially an AT&T monopoly and, therefore, elimination of price cap restraints could lead to unreasonable prices for this service. The Commission said that 800 directory assistance service would remain subject to price cap regulation until the service becomes competitive. The Commission found that analog services are gradually being eliminated, as customers migrate to digital and virtual private line services. While many customers would likely respond to higher prices for analog services by switching to digital service, adequate substitutes are not currently available to all users of analog private line services. Accordingly, the Commission concluded that these services will remain under price cap regulation. (over) - 2 - The Commission deferred a decision on how to treat optional calling plans (OCPs) under price caps to further proceedings in this docket and a related docket on promotions (CC Docket 87-313). The Commission also found that AT&T has met its obligation regarding the reporting of its service quality and network reliability functions in its Commission-mandated Equipment Blockage and Failure (EB&F) Reports, which measure call blockages and network equipment failures. The Commission found that the semi-annual EB&F reports provide an accurate measure of AT&T's service quality and network reliability trends and performance and accordingly, the Commission said revisions to the reports do not appear necessary at this time. BACKGROUND In 1989 the Commission eliminated traditional rate of return regulation for AT&T and implemented a system of price cap regulation. The price cap system creates incentives for AT&T to improve its efficiency and introduce innovative services, while reducing AT&T's incentive to shift costs form more to less competitive service offerings. Under this system prices are capped rather than profits. The plan gives AT&T the incentive to earn higher profits by operating more efficiently, for example by reducing its costs. An integral part of the price cap plan is a periodic review to determine whether the plan is functioning as the Commission intended. The Commission undertook the first performance review of AT&T in 1992. On July 23, 1993, the Commission issued a report in which it concluded that while the overall price cap plan for AT&T is achieving the goals it was designed to meet, some adjustments were in order. Accordingly, the Commission initiated this proceeding to determine whether the price cap plan should be revised in the following areas: commercial services, 800 directory services, analog private line services and OCPs. The Commission also sought additional information from AT&T concerning its EB&F Reports. Action by the Commission January 12, 1995, by Report and Order (FCC 95-18). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. -FCC- News Media contact: Susan Lewis Sallet at (202) 418-0500. Common Carrier Bureau contacts: Suzan Friedman at (202) 418-1530 and Geri Matise at (202) 418-1520.