NEWSReport No. CC 95-45    COMMON CARRIER ACTION            August 16, 1995


               COMMISSION DENIES BEEHIVE'S COMPLAINT AGAINST
                  BOC CHARGES FOR ACCESS TO 800 SERVICE

     The FCC has denied a complaint filed by Beehive Telephone, Inc. and Beehive
Telephone Nevada, Inc., against the Bell Operating Companies (BOCs).  In its complaint,
Beehive challenged the lawfulness of the 800 Service Management System Functions Tariff
(SMS Tariff) that was filed by the BOCs to comply with the Commission's instructions in
Provision of Access for 800 Service, 8 FCC Rcd 1423 (1993) (CompTel Declaratory
Ruling).  Beehive's primary argument was that this service is not a common carrier service
and should therefore not be offered under tariffed rates.  In the alternative, if this access is a
common carrier service, Beehive alleged a variety of Title II violations including that the
rates charged are unjust and unreasonable.

     The Commission also dismissed the BOCs' cross-complaint for amounts billed to
Beehive, which Beehive has not paid.  The BOCs' cross-complaint did not allege a violation
of the Act over which the Commission has jurisdiction.

     The 800 Service Management System (SMS) is the computer-based system that allows
800 numbers to be portable among service providers.  The SMS uses a database that contains
service information associated with each 800 number, including the identity of the carrier
selected by the 800 customer for each number.  Entities known as Responsible Organizations
(RespOrgs) are responsible for entering information into and maintaining the accuracy of the
information contained in the main database.  In the CompTel Declaratory Ruling, the
Commission determined that the SMS access the BOCS provide to RespOrgs is a
communications common carrier service and, consequently, is subject to the tariff and other
provisions of Title II of the Communications Act.

     The Commission reaffirmed its findings in the CompTel Declaratory Ruling and
denied Beehive's complaint.  The Commission also found that Beehive had not proven the
Title II violations it had alleged.  In light of these findings, the Commission ruled that
Beehive failed to establish a case for damages or for the injunctive relief it sought.

     Action by the Commission August 14, 1995, by Memorandum Opinion and Order
(FCC 95-358).  Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Susan Lewis Sallet at (202) 418-1500.
     Common Carrier Bureau contact: John B. Adams at (202) 418-0960.