$// South Dakotat Support; DA 95-627 //$ $/ 1.3 Waiver of Rules /$ TRANSMITTED FOR FCC RECORD ONLY ///newjob/// $///DA 95-627 Record only 4-12-95///$ BEFORE THE FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) DA 95-627 ) Cost Support Material ) to be Filed With ) 1995 Annual Access Tariffs ) ) South Dakota Network ) Application for Waiver ) ) MEMORANDUM OPINION AND ORDER Adopted: March 27, 1995 ; Released: March 27, 1995 By the Chief, Tariff Division: I. INTRODUCTION 1. On February 24, 1995, South Dakota Network, Inc. (SDN) filed an application for waiver of certain requirements of the Common Carrier Bureau's (Bureau's) recently adopted Tariff Review Plans document (1995 TRP), which sets forth summary cost support material local exchange carriers (LECs) must file to support their 1995 annual access tariff filings. In particular, SDN seeks a waiver of the 1995 TRP requirements that do not apply to its operations or that request data for periods prior to the time that SDN commenced service. For the reasons discussed below, we grant SDN's application for waiver. II. BACKGROUND 2. SDN states that it provides centralized equal access to 15 independent LECS in the State of South Dakota. It indicates that SDN's interstate rate structure includes two primary rate elements -- centralized equal access and access transport. As a provider of centralized equal access service, SDN maintains that it is exempt from the Commission's requirements to provide direct trunked transport service and entrance facilities, citing the Commission's Transport Rate Structure and Pricing Reconsideration. Therefore, SDN requests a waiver of the 1995 TRP requirement to complete Chart RORMD-5, page 1 of 1, which seeks historical information regarding the demand for local transport service. It also requests a waiver of any other 1995 TRP requirements to submit information for services that SDN does not provide. 3. SDN further explains that because it became fully operational on August 11, 1992, it does not have or maintain accounting data for prior periods. It therefore requests a waiver of the 1995 TRP requirements to complete Charts RORCOS-2, page 3 of 3, RORMD-1, page 3 of 3, and RORDMD-4, page 1 of 1. SDN argues that these pages require accounting data for periods prior to the third quarter of 1992, the period that SDN became fully operational. In addition, SDN notes that Chart RORRTE-3, pages 1 of 2 and 2 of 2 request information for Company Study Areas (COSAS). SDN seeks a waiver of the 1995 TRP requirement to complete these pages because it does not have a study area. Finally, citing the Bureau's 1994 TRP Waiver Order, SDN notes that it requested and received a waiver of certain 1994 TRP filing requirements that were not applicable to its centralized equal access operations or that required data for periods prior to the time SDN commenced service. SDN's waiver request is unopposed. III. DISCUSSION A. Standard for Waiver 4. Commission rules may be waived for good cause shown. The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest. In addition, the United States Court of Appeals for the District of Columbia Circuit has stated that the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis. Waiver is thus appropriate if special circumstances warrant a deviation from the general rule and such deviation would better serve the public interest than would strict adherence to the general rule. 5. We agree with SDN that it should not be required to submit information for services it does not provide as this information would not assist the Commission and interested parties in reviewing SDN's access tariff filing. Moreover, it was not the Bureau's intention to require carriers to file TRPs for access elements for which they do not file tariffs. Therefore, we grant SDN's request that it not be required to file Chart RORDMD-5, page 1 of 1, as well as other charts requesting information for services that SDN does not provide. Furthermore, given that SDN did not become fully operational until the third quarter of 1992 and thus does not have accounting data for periods prior to that quarter, we agree with SDN that it is unable to provide certain of the historical data required to complete Charts RORCOS-2 page 3 of 3, RORMD-1, page 3 of 3, and RORDMD-1 page 3 of 3 in the 1995 TRP. Therefore, we grant SDN's waiver request in this regard as well. 6. We emphasize that grant of the waivers requested by SDN does not materially affect the ability of the Commission and interested parties to evaluate SDN's proposed rates. Finally, we emphasize that aside from the limited waiver requests that we grant, SDN remains obligated to comply with the requirements of the 1995 TRP. IV. ORDERING CLAUSE 7. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C.  154(i) and Sections 0.91 and 0.291 of the Commission's Rules, 47 C.F.R.  0.91, and 0291, the application for waiver filed by the South Dakota Network IS GRANTED. FEDERAL COMMUNICATIONS COMMISSION Geraldine A. Matise Chief, Tariff Division Common Carrier Bureau