NEWSReport No. DC 96-94NEWS ACTION IN DOCKET CASE October 29, 1996 FCC RELIEVES LONG DISTANCE COMPANIES FROM TARIFF FILING REQUIREMENTS (CC Docket No. 96-61) The Commission today, exercising its new forbearance authority, ruled that non- dominant interexchange carriers will no longer file tariffs for their interstate domestic long distance services. After a nine-month transition period, relationships between carriers and their customers will be set by contract. Carriers have the option immediately to cease filing tariffs. Today's decision is the first major exercise of the new forbearance authority granted to the Commission in the Telecommunications Act of 1996. This new forbearance authority requires the Commission to reduce or eliminate unnecessary regulation where certain public interest criteria are met. In the Order adopted today, the Commission found that the 1996 Act's criteria are met to forbear from requiring long distance companies to file tariffs for interstate, domestic, long distance services. Consequently, the Commission ordered that, after a 9-month transition period, long distance companies may no longer file with the Commission tariffs for interstate, domestic, interexchange services. The Order will become effective 30 days after publication in the Federal Register. The Commission stated that its action today would promote the pro-competitive and deregulatory objectives of the 1996 Act by fostering increased competition in the long distance market. In addition, the Commission noted that its decision marks the end of the transformation of the regulatory regime governing interstate, domestic, interexchange services from one in which all interexchange carriers were subject to a broad range of pricing and other regulatory requirements to one that relies on market forces. After complete detariffing is implemented, long distance companies will be subject to the same incentives and rewards that competitors in other unregulated markets confront. The Commission also stated that it seeks ultimately to accomplish the same result in every telecommunications market, because effectively competitive markets produce maximum benefits for consumers, carriers, and the nation's economy. The Commission also stressed that its decision does not in any way signal a departure from its historic commitment to protect consumers of interstate telecommunications services. The Commission noted that consumers have several tools to protect themselves against potential abusive practices. All interexchange carriers will be required to retain and make available information as to the rates and terms of all their offerings. This will supplement the information already available to consumers through carriers' marketing efforts and from their own telephone bills. Based on this information, consumers who believe that an interexchange carrier's rates or terms of service violate the law can continue to file complaints with the Commission. In addition, when complete detariffing is implemented, consumers will be able to take advantage of remedies provided by state consumer protection laws and contract law against such practices. Finally, nothing in today's decision alters the carriers' statutory obligation to charge rates that are just and reasonable and not unjustly or unreasonably discriminatory. On March 25, 1996, just six weeks after Congress granted the Commission forbearance authority, the Commission released a Notice of Proposed Rulemaking initiating a review of its regulation of interstate, domestic, interexchange telecommunications services in light of the passage of the 1996 Act and the increasing competition in the interexchange market. In the Order adopted today, the Commission addressed the tariff forbearance issues raised in the Notice and concluded that its decision to order complete detariffing largely renders moot the contract tariff and reseller issues raised in the Notice. The Commission also addressed, but did not adopt, the proposal in the Notice to allow nondominant interexchange carriers to bundle customer premises equipment with interstate, interexchange telecommunications services. Action by the Commission October 29, 1996, by Second Report and Order (FCC 96- 424). Chairman Hundt, Commissioners Quello, Ness, and Chong, with Commissioner Chong issuing a separate statement. -FCC- News Media contact: Mindy Ginsburg at (202) 418-1500. Common Carrier Bureau contacts: Christopher Heimann at (202) 418-1580.