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 pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 96-821 In the Matter of ) ) Ameritech Operating Companies ) ) Transmittal No. 949 Tariff F.C.C. No. 2 ) ) ) ORDER Adopted: May 22, 1996; Released: May 22, 1996 By the Chief, Competitive Pricing Division, Common Carrier Bureau: 1. On February 23, 1996, Ameritech Operating Companies (Ameritech) filed Transmittal No. 949 to introduce "SONET Xpress" service. On March 11, 1996, MCI Communications Corporation (MCI) filed a petition to reject or, in the alternative, to suspend and investigate Transmittal No. 949. On March 21, 1996, Ameritech filed an opposition to MCI's petition. 2. In Transmittal No. 949, Ameritech states that this filing is in response to customer requests to expand its existing Special Access Service offerings. Specifically, customers are requesting a SONET offering which provides increased performance and reliability parameters and a level of survivability designed to limit a single event from interrupting service. According to Ameritch, SONET Xpress provides a shared ring service using SONET facilities to provide route, central office equipment, and signal payload diversity for point-to-point DS-1 and DS-3 channels provisioned on the shared ring. Ameritech further states that SONET Xpress provides SONET transport across the network of DS-1, DS-3, OC-3, and OC-12 (VT1.5 and STS-1) channels. In addition, SONET Xpress provides 50 millisecond protection switching to assure 100 percent availability of the end-to-end services on the network, according to Ameritech. 3. Ameritech filed portions of its cost support data with a request that they be withheld from disclosure pursuant to Sections 0.457 and 0.459 of the Commission's rules, 47 C.F.R.  0.457 and 0.459, and Exemption 4 of the Freedom of Information Act, 5 U.S.C.  552(b)(4). In addition, Ameritech seeks a waiver, pursuant to section 1.3 of the Commission's rules, 47 C.F.R.  1.3, of sections 0.453(j) and 0.455(b)(11) of its rules, 47 C.F.R.  0.453(j) and 0.455(b)(11), to the extent that these rules require cost support materials to be publicly available. To support its claim, Ameritech maintains that the cost support material contains detailed information about the costs of providing DS-1 and DS-3 services that are subject to competition and that disclosure of such data could substantially harm the competitive position of Ameritech. 4. In its petition, MCI argues that Ameritech has violated Sections 203 and 412 of the Communications Act, 47 U.S.C.  203 and 412 and Part 61 of the Commission's rules, 47 C.F.R. Part 61, by filing its cost support under confidential cover. In addition, MCI maintains that Ameritech does not support its claim for confidential treatment with any evidence linking release of the cost data to likely competitive harm. Accordingly, MCI requests that the Commission require Ameritech to file its cost support data for Transmittal No. 949 on the public record. 5. Sections 0.453(j) and 0.455(b)(11) of the Commission's rules, 47 C.F.R.  0.453(j) and 0.455(b)(11), provide that materials filed in support of tariff revisions are to be publicly available. Ameritech, however, has filed a request for confidential treatment of its tariff support material filed in Transmittal No. 949 under the requirements of Section 0.459 of the Commission's rules, 47 C.F.R.  0.459. Ameritech also filed a request for a waiver of Sections 0.453(j) and 0.455(b)(11) of the Commission's rules requiring cost support data to be on the record. The waiver was filed pursuant to Section 1.3 of the Commission's rules, 47 C.F.R.  1.3. We note that Ameritech has filed the same data in this transmittal that it filed as part of its direct case in the investigation of the tariffs filed by the local exchange carriers to provide expanded interconnection of their facilities. We do not make a determination regarding the merits of Ameritech's request for confidential treatment of the cost support data filed with this transmittal for the purposes of tariff review. We will, however, address these issues within the framework of the Expanded Interconnection tariff investigation. 6. Accordingly, the Competitive Pricing Division finds that there is good cause to waive the Commission's rules that require tariff cost support data to be publicly available. The Division, therefore, grants Ameritech a waiver of Sections 0.453(j) and 0.455(b)(11) of the Commission's rules. As a result, the cost support material filed in Transmittal No. 949 for which Ameritech sought confidential treatment will not be publicly available. The Division grants this waiver for the limited purpose of reviewing this transmittal. 7. We have reviewed the transmittal filed by Ameritech, and the associated pleadings. We 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. 8. Accordingly, IT IS ORDERED that, pursuant to Section 0.291 and 1.3 of the Commission's rules, 47 C.F.R.  0.291, 1.3, for the purposes of this proceeding, Sections 0.453(j) and 0.455(b)(11) of the Commission's rules, 47 C.F.R. 0.453(j), 0.455(b)(11), ARE WAIVED. 9. IT IS FURTHER ORDERED that the petition to reject, or in the alternative, to suspend and investigate Ameritech Operating Companies Tariff F.C.C. No. 2, Transmittal No. 949 filed by MCI Telecommunications Corporation IS DENIED. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Chief, Competitive Pricing Division Common Carrier Bureau