NEWSReport No. DC 96-68 ACTION IN DOCKET CASE July 18, 1996 FCC BEGINS IMPLEMENTATION OF 1996 TELECOMMUNICATIONS ACT SAFEGUARDS; Seeks Comments on 1996 Act Requirements for Telemessaging, Electronic Publishing, and Alarm Monitoring Services (CC DOCKET NO. 96-152) The Commission today initiated a proceeding to implement the non-accounting safeguards of the Telecommunications Act of 1996 for the provision of electronic publishing, alarm monitoring, and telemessaging services. The 1996 Act opens the way for Bell Operating Companies (BOCs) to provide, among other things, electronic publishing and telemessaging, and in the future, alarm monitoring services in their local telephone service areas, subject to certain safeguards. Congress determined that BOC provision of these services would help to foster increased competition among all providers of such services. At the same time, however, Congress recognized that incumbent local exchange carriers' (LECs), including BOCs', provision of these services raised certain concerns for competition and consumers. Congress enacted certain safeguards, therefore, to help prevent incumbent LECs from improperly using their market power in the local telephone market to gain an unfair advantage over their rivals. In a Notice of Proposed Rulemaking (NPRM) released today, the Commission proposes ways to implement the non-accounting safeguards of sections 274, 275, and 260 of the 1996 Act. Section 274 of the Act permits BOCs to provide electronic publishing services subject to certain separated affiliate and nondiscrimination requirements. Sections 260 and 275 delineate conditions under which incumbent LECs, including BOCs, may offer telemessaging and alarm monitoring services, respectively. The NPRM seeks comment on the appropriate interpretation of the non- accounting separated affiliate and joint marketing requirements contained in the Act for the provision of electronic publishing. In addition, the NPRM seeks comment on the appropriate interpretation of the Act's nondiscrimination safeguards for the provision of electronic publishing, alarm monitoring, and telemessaging services. The NPRM also seeks comment on the extent to which these nondiscrimination provisions replace or are addressed by the Commission's existing safeguards that apply to enhanced services generally. This proceeding is one of a series of interrelated rulemakings that collectively will implement the 1996 Act. In separate but related NPRMs released today, the Commission sought comment on the accounting and certain other non-accounting safeguards required by the 1996 Act. Together, the accounting and non-accounting safeguards are intended to protect subscribers of monopoly services, such as local telephony, against the risk of being forced to pay costs incurred due to the provision of competitive services, and to protect competition in those markets from the LECs' ability to use their existing market power in local exchange services to obtain an anticompetitive advantage in those new markets that they seek to enter. In the NPRM, the Commission also seeks comment on whether the proposed safeguards will apply to both interstate and intrastate provision of electronic publishing, alarm monitoring, and telemessaging services. Action by the Commission July 18, 1996, by Notice of Proposed Rulemaking (FCC 96- 310). Chairman Hundt, Commissioners Quello, Ness, and Chong. -FCC- News Media contact: Mindy Ginsburg at (202) 418-1500. Common Carrier Bureau contact: Michelle Carey at (202) 418-1580.