NEWSReport No.  CC-95-10                COMMON CARRIER ACTIONFebruary 1, 1995

         STAFF RULING UPHELD  THAT SIX 800-NUMBER PROVIDERS WERE
                          OVERCHARGED BY LECS 
                                    
     The Commission has upheld its staff's ruling that certain local exchange carriers (LECs)
improperly assessed the higher carrier common line (CCL) charge on the originating end of calls
using the complainants' 800 services.

      The Common Carrier Bureau had found that only a single higher CCL charge should
have been assessed on the calls.  According to the Bureau, the LECs had unlawfully assessed
the higher CCL charge on the originating end of calls using the complainants' 800 services at
the same time that the terminating LECs were  also assessing the higher CCL charge.  

     FCC rules state that a CCL charge is to be assessed on an "open" end of a call, which
is an end using exchange carrier common line plant to originate or terminate the call.  A
"closed" end does not use common line plant.  FCC rules and orders further state that the higher
CCL charge should only be assessed once on a single call.
     
     Complaints were filed by Long Distance/USA, Inc., American Sharecom, Inc., Mid-
American Long Distance Co., Telemarketing Investments, Ltd., National Telecom of Austin,
and Total-Tel, USA against The Bell Telephone Company of Pennsylvania; The Chesapeake and
Potomac Telephone Company; The Chesapeake and Potomac Telephone Company of Maryland;
The Chesapeake and Potomac Telephone Company of Virginia; The Chesapeake and Potomac
Telephone Company of West Virginia; New Jersey Bell Telephone Company; Diamond State
Telephone Company; Illinois Bell Telephone Company; Indiana Bell Telephone Company;
Michigan Bell Telephone Company; Ohio Bell Telephone Company; Wisconsin Bell, Inc.; The
Mountain States Telephone and Telegraph Co.; Northwestern Bell Telephone Co.;  The Pacific
Northwest Bell Telephone Company; The Bell Telephone Company of Nevada; The Pacific
Telephone and Telegraph Co.; South Central Bell Telephone Company; Southern Bell Telephone
and Telegraph Company, New England Telephone and Telegraph Company; New York
Telephone Company; Southwestern Bell Telephone Company; Centel Corporation; Cincinnati
Bell, Inc., Contel Corp.; GTE Corp.; Hawaiian Telephone Co.; the National Exchange Carrier
Association (NECA); Southern New England Telephone Co.; and United Telecommunications,
Inc. 




                                  (over)

                                   - 2 -


     The Commission concluded that the defendants who acted as originating LECs unlawfully
assessed the higher CCL charge on the originating end of the complainants' 800 services.  To
the extent that any of the defendants or their subsidiaries did not act as originating carriers, they
are not liable to the complainants.  The Commission noted that the complainants have stated an
intention to pursue the issue of damages in court and, therefore, the Commission did not reach
that issue. 

     Action by the Commission Janaury 26, 1995, by Memorandum Opinion and Order (FCC
95-29).  Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. 

                                  - FCC -

     News Media contact: Rosemary Kimball at (202) 418-0500.
          Common Carrier Bureau contact: Kurt Schroeder at (202) 418-0960.