$// AT&T; DA 95-666 //$ $/ 0.291 Delegated Authority /$ TRANSMITTED FOR FCC RECORD ONLY ///newjob/// $///DA 95-666 Record only 4-12-95///$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. DA 95 - 666 In the Matter of ) ) Transmittal Nos. 8172 and 8173 ) AT&T Communications ) Tariff F.C.C. Nos. 1 and 13 ) ORDER Adopted: March 30, 1995 ; Released: March 31, 1995 By the Deputy Chief, Tariff Division, Common Carrier Bureau: 1. On February 16, 1995, AT&T Corp. (AT&T) filed the above-referenced transmittals proposing amendments to various provisions in its tariffs. Transmittal No. 8172 restructures AT&T Commercial Long Distance Service by introducing transport rates and service charges for Operator Station, Person-to-Person and Real Time Rated calls, and charges for the Operator Surcharge and Busy Line Verification and Interruption. It also introduces rates and regulations for the Collect calling feature and revises usage rates from various countries. The portion of Transmittal No. 8173 that was filed on 45 days' notice increases the Initial Period and Additional Period charges for various Long Distance Message Telecommunications Service schedules for operator handled, Customer Dialed and Operator Dialed calls as indicated in AT&T Tariff Nos. 1 and 13 and increases the Directory Assistance charge per call. 2. On February 27, 1995, Gerald Schwartz, an individual acting pro se, filed a petition to reject, suspend and investigate, AT&T Transmittal Nos. 8172 through 8176. AT&T did not file a reply to the petition. 3. In its petition, Schwartz protests all of the rate increases contained in the above-referenced tariff transmittals on the grounds that: (1) AT&T is increasing these rates solely for the purpose of misleading the public relating to its real rate structure; (2) AT&T offsets its advertised discounts with rate increases; (3) AT&T's requests in these transmittals are meant to hamper competition by increasing rates so that AT&T can then offer "sham" discount programs; (4) AT&T's rate increase is excessive and unjustified; (5) AT&T's rate increase is unnecessary; (6) AT&T's rate increase is for the sole purpose of obtaining funds for deceptive advertising and to offset its discounts; and (7) AT&T's competition will be harmed because AT&T will be able to claim larger discounts when its net profit will remain unchanged. 4. Transmittal No. 8172 and the remainder of Transmittal No. 8173 are scheduled to take effect on April 2, 1995. 5. The Tariff Division has reviewed AT&T Communications' Transmittal No. 8172, the portion of Transmittal No. 8173 that was filed on 45 days' notice, and the related pleadings. We conclude that these filings do not warrant rejection because they do not, on their face, conflict with a statute or with an agency regulation or order. We further conclude that the petition does not demonstrate that an investigation is warranted at this time. 6. Accordingly, IT IS ORDERED that the petition to reject and suspend and investigate AT&T Communications Tariff F.C.C. Nos. 1 and 13, Transmittal Nos. 8172 through 8176, filed by Gerald Schwartz, an individual, IS DENIED as to Transmittal No. 8172 and the portion of Transmittal No. 8173 filed on 45 days' notice. FEDERAL COMMUNICATIONS COMMISSION David Alan Nall Deputy Chief, Tariff Division Common Carrier Bureau