WPC# 2BJZ Courier3|j?x6X@`7X@HP LaserJet 4M 518 LPT2m 518 lpt2)HPLA4MP0.PRSx  @\9aX@2'<6rK ZTimes New RomanTimes New Roman BoldTimes New Roman Italic3|j"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP LaserJet 4M 518 LPT2m 518 lpt2)HPLA4MP0.PRSXj\  P6G;\9aXP2EYvpk X-#o\  PCXP#a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  2k!v1ta5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# 2 M   1 a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# 2    K a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# 2M&+a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p a1DocumentgDocument Style StyleXqq   l ^) I. ׃  Doc InitInitialize Document Style  0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgTech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technical2O] a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   2XLa4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . 2{!KXK0PleadingHeader for numbered pleading paperP@n   $] X X` hp x (#%'0*,.8135@8: X- xԍ Letter from Paul Walters, Counsel for SWB to Acting Secretary, FCC, dated Jan. 25, 1996  X-(Jan. 25, 1966 Letter). On February 9, 1996, MCI Telecommunications Corporation  x(MCI) filed a petition to reject or, alternatively, to suspend and investigate Transmittal No. 2533. On February 20, 1996, SWB filed a response to MCI's petition.  X- ` $x2.` ` In Transmittal No. 2533, SWB seeks to introduce a new service offering called  x[ReliaNet Service. According to SWB, this new offering is being made in response to customer  xrequirements for reliable SONETbased facilities to transport their high capacity  xztelecommunications traffic. SWB states that ReliaNet is a transport service, which provides  xcustomer access to SONETbased high capacity interoffice network utilizing ring network  x]architecture for facility redundancy and faulttolerance in the event of a single facility or"#d0*0*0*e""  X- xequipment failures.n> Xy-ԍ SWB Transmittal No. 2533, Description and Justification (D&J) at 11.n SWB further states that the basic structure of ReliaNet revolves around the  xSWB interoffice network. According to SWB, this network consists, by definition, only of"#0*0*0*""  xkSWB central offices and each central office on the ReliaNet network is called a node. SWB"#0*0*0*""  xthen states that these nodes are equipped with the SONET transmission equipment necessary to"#0*0*0*""  x[  produce the bandwidth to transport a variety of Access Services. Finally, SWB maintains that  X-the interoffice network is sized according to the volume option level required by the customer.3 Xb-ԍ Id.3  X- ` Ax3.` ` In its request for confidential treatment of the cost support data, SWB states that  x-the documents in question contain confidential information on investments, depreciation, cost of  xmoney, ad valorem and income taxes, administrative costs, and overheads. SWB maintains that  xdisclosure of such confidential financial information could substantially harm the competitive  x>position of SWB by assisting competitors in preparing marketing strategies to use in direct  xcompetition with SWB. According to SWB, the cost support data contain the specific costs of  xthe equipment required to provide this service. These data indicate the breakdown of capital costs  xand operating expenses as well as the total installed cost (total investment). SWB maintains that  xLif its competitors had access to this information, they could use it to calculate the factors used  xKby SWB in developing cost data and, in turn, the information could be used to derive competitive  X - xinformation from other SWB filings.: { X-ԍ Id. at 67.: Finally, SWB provides information to support its claim that  X -there is competition for the service proposed in Transmittal No. 2533.8 . X-ԍ Id. at 8.8  X- ` x4.` ` In its petition, MCI argues that Transmittal 2533 should be rejected or,  xalternatively, suspended and investigated, because SWB has violated Section 203 and 412 of the  xCommunications Act, 47 U.S.C.  203 and 412, and Part 61 of the Commission's rules, 47  XK- xC.F.R. Part 61.;K X-ԍ MCI Petition at 2.; MCI maintains that these statutory and rule provisions require that tariff cost  X4- xLsupport material be filed on the record.:4 Xw-ԍ Id. at 38.: According to MCI, SWB has not demonstrated that it  xfaces sufficient competition for the services in question to justify confidential treatment of cost  X-support data.;E  X-ԍ Id. at 914.;  X- ` Rx5.` ` In response, SWB asserts that it has demonstrated that it faced significant  x<competition for each of the services being proposed in Transmittal No. 2433. According to SWB,  xit has shown that there are both alternative suppliers and alternative service choices for each of  X-the services it proposes.:   X<%-ԍ SWB Reply at 28.:  Xe-  @6.xSections 0.453(j) and 0.455(b)(11) of the Commission's rules, 47 C.F.R.  0.453(j) and"e 0*((O"  xy0.455(b)(11), provide that material filed in support of tariff revisions are to be publicly available.  xSWB, however, has filed a request for confidential treatment of its tariff support material filed  xin Transmittal No. 2533 under the requirements of Section 0.459 of the Commission's rules, 47  xC.F.R.  0.459 and Exemption 4 of the FOIA, 5 U.S.C.  552(b)(4). Section 1.3 of the  xCommission's rules, 47 C.F.R. 1.3 provides that the Commission may, on its own motion, waive  X- xany provisions of its rules if good cause is shown.2  X- xԍ Section 1.3 of the Commission's rules, 47 C.F.R.  1.3, provides that the Commission  X- xmay, on its own motion, waive any provisions of its rules if good cause is shown. Cf., WAIT  X- xRadio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969), cert. denied, 409 U.S. 1027 (1972);  xNortheast Cellular Telephone Company v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (discussing standards for granting waivers filed by parties).2 The Tariff Division finds that there is good  xcause to waive the Commission's rules that cost support data filed with Transmittal No. 2533 be  xpublicly available. Therefore, on our own motion, the Division grants SWB a waiver of Sections  x0.453(j) and 0.455(b)(11) of the Commission's rules. As a result, the Transmittal No. 2533 cost  xjsupport data for which SWB sought confidentiality will not be publicly available. The Division grants this waiver for the limited purpose of reviewing this transmittal.  X - ` Ax7.` ` We have reviewed the transmittal filed by SWB, and all the associated pleadings.  xWe conclude that no compelling argument has been presented that the tariff is patently unlawful so as to warrant rejection and that an investigation of this transmittal is not warranted at this time.  X- ` ax8.` ` Accordingly, IT IS ORDERED that, pursuant to Section 0.291 and 1.3 of the  x{Commission's rules, 47 C.F.R.  0.291, 1.3, for the purposes of this proceeding, Sections  x0.453(j) and 0.455(b)(11) of the Commission's rules, 47 C.F.R. 0.453(j), 0.455(b)(11), ARE WAIVED.  X- ` x9.` ` IT IS FURTHER ORDERED that the petition to reject or suspend and investigate  xSWB Tariff F.C.C. No. 73, Transmittal No. 2533 filed by MCI Telecommunications Corporation IS DENIED. x x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  James D. Schlichting x` `  Chief, Tariff Division x` `  Common Carrier Bureau " ! 0*(("Ԍx