NEWSReport No. DC 95-20 ACTION IN DOCKET CASE February 1, 1995 MCI DENIED RECONSIDERATION OF ORDERS RESOLVING INVESTIGATION INTO ONA TARIFFS OF SIX PHONE COMPANIES (CC DOCKET 92-91) The Commission has denied two petitions by MCI Telecommunications Corp. requesting reconsideration of two related Commission orders which resolved an investigation of the initial Open Network Architecture (ONA) tariffs filed by six of the Bell Operating Companies (BOCs). In the ONA Investigation Final Order, the Commission determined that the BOCs' initial ONA rates were unlawful, directed them to file replacement rates based upon altered ratemaking methodologies, and terminated the investigation except with respect to US West. In the companion SCIA Disclosure Review Order, the Commission denied MCI's application for review of procedures adopted by the Common Carrier Bureau in the SCIS Disclosure Order to provide intervenors access under nondisclosure agreements to information used to make its decision on the ONA rates -- proprietary cost support, the software used to create it (the Switching Cost Information System (SCIS) developed by Bellcore), and related materials. In seeking reconsideration, MCI's central contention in each petition was that the restricted access procedures developed to allow access while protecting confidential information denied it the ability to perform a meaningful review of the BOCs' ratemaking processes. The implementation of ONA required BOCs to unbundle interstate "feature group" services into Basic Service Arrangements and optional Basic Service Elements (BSEs). The variation among BOCs' initial rates for BSEs was dramatic. The investigation sought to determine to what extent the variation reflected factual differences in the circumstances of the carriers, and to what extent the rate variation arose from BOCs' manipulation of the SCIS model, the data they supplied to it, or post-SCIS calculations conducted when developing rates. (over) - 2 - Switch vendors were concerned that detailed design, performance and cost data could be deduced or inferred from the information within SCIS. The Common Carrier Bureau therefore undertook an initial closed review of the Ameritech software, followed by submission of other BOCs' software and eventually set processes by which intervenors would receive access to an edited version of the SCIS software that excluded highly sensitive data. The Bureau also required the BOCs to retain an independent auditor, whose tasks would be specified by the Commission, to determine the integrity of the SCIS model itself and the effect of various input assumptions on the BSE investment cost studies. Those procedures were first specified by the Bureau in the SCIS Disclosure Order, and later by the Commission in the SCIS Disclosure Review Order. The Commission said that MCI raised no new considerations or changed circumstances that warranted reconsideration of either order and there was no basis for reconsideration. Action by the Commission January 26, 1995, by Order (FCC 95-27). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Rosemary Kimball at (202) 632-5050. Common Carrier Bureau contacts: Steve Spaeth and David Nall at (202) 418-1520.