NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory /pub/Bureaus/Miscellaneous/Public_Notices/ ***************************************************************** ******** $// MO&O; SWB - Termination Order; Trans. 2470; CC Docket No. 95-158 //$ $/ Section 0.291 Delegated Authority /$ TRANSMITTED FOR FCC RECORD ONLY DA 96-445 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. In the Matter of ) ) Transmittal Nos. 2470 and 2489 Southwestern Bell Telephone ) Company ) ) Revisions to Tariff F.C.C. No. 73 ) CC Docket No. 95-158 MEMORANDUM OPINION AND ORDER Adopted: March 25, 1996; Released: March 27, 1996 By the Chief, Common Carrier Bureau: 1. On October 13, 1995, the Chief, Common Carrier Bureau (Bureau) issued an order designating the above-captioned transmittals for investigation and initiating CC Docket No. 95-158. On January 30, 1996, Southwestern Bell Telephone Company (SWB) filed a Motion to Close Investigation as Moot. SWB states in its motion that the tariff transmittals designated for investigation have been withdrawn. SWB also filed a motion to withdraw its application for review of the Designation Order. As discussed below, we will grant SWB's motions and terminate this proceeding. 2. SWB filed Transmittal No. 2470 on June 16, 1995. The transmittal proposes to provide 155 Mpbs of protected bandwidth to a particular customer at individual case basis (ICB) rates. MCI Telecommunications Corporation filed a petition to reject or, alternatively, to suspend and investigate Transmittal No. 2470 on the grounds that SWB failed to file detailed cost support information as required under Section 61.38 of the Commission's Rules, 47 C.F.R.  61.38. In its reply, SWB stated that it complied with the filing requirements for cost support data as set out in Section 61.38. SWB filed Transmittal 2489 to provide additional cost support information and requested that the information be kept confidential. SWB stated the cost support data contain its direct costs for the equipment used in providing the recurring rate elements and that release of such information to SWB's competitors would cause it competitive harm. The Bureau denied SWB's request for confidential treatment of the cost support information submitted with Transmittal No. 2489, suspended Transmittal No. 2470 for five months and designated for investigation the issue of the sufficiency of the cost support data for the ICB offering. 3. SWB states in its Motion to Close Investigation that it has withdrawn Transmittals 2470 and 2489 because its customer is no longer interested in taking this service and claims that the issue designated for investigation is now moot. In addition, SWB states in its Motion to Withdraw Application for Review that the Bureau returned the cost support material to SWB when the transmittals were withdrawn. 4. We find that there is no longer any issue remaining to investigate in this proceeding and no reason to proceed with SWB's application for review. Accordingly, we grant SWB's motions. 5. Accordingly, IT IS ORDERED that Southwestern Bell Telephone Company's Motion to Close Investigation as Moot IS GRANTED. 6. IT IS FURTHER ORDERED that Southwestern Bell Telephone Company's Motion to Withdraw Application for Review IS GRANTED. 7. IT IS FURTHER ORDERED that the investigation initiated by the Common Carrier Bureau in CC Docket No. 95-158 IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Regina M. Keeney Chief, Common Carrier Bureau