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$///DA 95-411,4/6/95,RO,///$


$// Mem. Opinion and Order, GVNW, Waiver Request, DA 95-411// $
$/ Section 1.3 of the Commission's Rules: Good Cause for Waiver /$
TRANSMITTED FOR FCC RECORD ONLY

                                                  DA 95-411 

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                             Washington, D.C. 

In the Matter of                   )
                                   )
GVNW Inc./Management               )
                                   )
Petition for Waiver of the         )
Commission's Rules To Establish    )    
500 Access Service                 )
                                   )

                       MEMORANDUM OPINION AND ORDER
                              
Adopted: March 2, 1995;  Released: March 3, 1995

By the Acting Chief, Tariff Division, Common Carrier Bureau:
 
                             I. INTRODUCTION 

     1.  In the summer of 1994, 12 local exchange carriers (LECs)
filed petitions for waiver of Part 69 of the Commission's rules, 47
C.F.R. Part 69, to establish one or more new rate elements for 500
access service.  The Common Carrier Bureau (Bureau) granted those
12 waiver petitions on November 30, 1994.  On January 19, 1995,
GVNW Inc./Management (GVNW) sought waiver of Sections 69.4(b) and
69.106 of the Commission's rules to establish 500 access service as
well.  No oppositions were filed in response to GVNW's waiver
petition.  For the reasons discussed below, we grant GVNW's waiver
request.
      
                  II. BACKGROUND AND SUMMARY OF PETITION

     2.  LECs provide 500 access service to access customers
providing 500 service to end users.  500 service is a new "follow
me" personal communications service which enables customers, among
other things, to instruct their 500 service providers where to
route their calls, whether to landline or cellular telephones,
pagers, or to a voice messaging service.  In providing 500 access
service, the LECs must screen the first six digits of the ten digit
500 number (i.e., 500-NXX), in order to identify and route calls to
the subscriber's designated 500 service provider.  There are two
ways that a LEC can perform this six-digit screening and routing. 
First, the carrier can use switched-based translation, in which
case it deploys a translation table contained in the software of
the LEC switches, located at either the end office or the access
tandem, to route the call to the subscriber's 500 service
provider.  Alternatively, if the LEC's end office or access tandem
has Advanced Intelligent Network (AIN) capability, the LEC launches
a query to a centralized AIN database to identify the 500 service
provider and routing.

     3.  The Bureau did not impose a uniform rate structure for 500
access service on the LECs.  It concluded that such a uniform rate
structure would force some carriers into rate structures unrelated
to the way they incur costs and might have delayed the availability
of 500 service.  Accordingly, LECs were granted waivers to
establish rate structures to recover the costs of providing 500
access service consistently with the way they incur those costs. 
Specifically, LECs planning to use switched-based translation were
granted waivers to establish one or more non-recurring charges for
500 access service.  LECs planning to use AIN-based translation
were permitted to establish recurring charges for their 500 access
services, in addition to a small nonrecurring charge.  Similarly,
LECs intending to use switched-based translation initially, but
expected to convert to AIN some time in 1995, were granted waivers
to establish recurring charges.  Finally, the Bureau declined to
grant a blanket waiver, but stated that other LECs seeking a waiver
that matched any of the waivers granted in the 500 Access Waiver
Order would warrant "expedited consideration." 
  
     4.  GVNW states that it plans to establish a nonrecurring
charge (NRC) to be assessed on a per order, per end office basis. 
GVNW claims that it has "good cause" for waiver within the meaning
of WAIT Radio.  Finally, GVNW asserts that the proposed rate
structure in its waiver request closely matches that of Ameritech
and other LECs granted waiver in the 500 Access Waiver Order.

                              III. DISCUSSION

     5.  The Commission may exercise its discretion to waive a rule
where there is "good cause" to do so, because the particular facts
would make strict compliance inconsistent with the public
interest.  Further, the Commission's grant of a waiver must be
based on articulated, reasonable standards that are predictable,
workable, and not susceptible to discriminatory application.  We
conclude that the waiver GVNW seeks here is substantially similar
to the waivers granted in the 500 Access Waiver Order to establish
nonrecurring charges for 500 access service.  Therefore, we find
that GVNW has shown good cause for the waiver it seeks.  

                           IV.  ORDERING CLAUSES
  
     6.  Accordingly, IT IS ORDERED that the petition for waiver
filed by GVNW Inc./Management IS GRANTED.
 
 



                              FEDERAL COMMUNICATIONS COMMISSION

                              
                              
 

                              Geraldine A. Matise 
                              Acting Chief, Tariff Division
                              Common Carrier Bureau