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                   News Media Information 202/418-0500 Recorded listing of releases and texts 202/418-2222.


                                             DA 95-2396


                   PLEADING CYCLE ESTABLISHED ON AT&T'S
              PETITION FOR RECONSIDERATION AND CLARIFICATION 

                               CCBPol 95-23


                                        Released:   November 28, 1995

     On November 20, 1995, AT&T Corp. (AT&T) petitioned the Common Carrier Bureau
(Bureau) for reconsideration and clarification of the Bureau's decision on the Independent
Data Communications Manufacturers Association, Inc.'s Petition for Declaratory Ruling that
AT&T's InterSpan Frame Relay Service is a Basic Service (See) MO&O, DA 95-2190
(released October 18, 1995).  

      AT&T requests that the Bureau reconsider its MO&O and, upon reconsideration:  (1)
rule that frame relay service is being provided on a private carriage basis, or, in the
alternative, can be provided on both a common carriage basis and -- as to customer
agreements which contain terms and conditions that fall outside of the carriers' tariffed frame
relay service -- as private carriage; (2) deem those customer agreements for frame relay
services which were executed prior to the tariffing date to be private carriage; and (3) clarify
that, to the extent non-facilities-based carriers provide a resold "basic" frame relay service,
they are equally required, under Section 203 of the Communications Act, to file tariffs for
the provision of such service. 

     AT&T states that it is offering frame relay service in a manner that clearly satisfies the
Commission's private carriage test.  AT&T states that specifically, frame relay service is being
offered by carriers that do not hold themselves out indiscriminately to the public, and is
being provided on an individual basis under highly customized agreements.  AT&T further
states that AT&T and its competitors decide whether, and on what terms, to deal with their
customers.  

     Interested parties should file comments on IDCMA's petition by December 28, 1995
and reply comments by January 12, 1996 with the Secretary, FCC, 1919 M Street, N.W.,
Washington, D.C. 20554.  A copy should also be sent to Janice Myles, Common Carrier
Bureau, FCC, Room 544, 1919 M Street, N.W., Washington, D.C. 20554, and to the
Commission's contractor for public service records duplication: ITS, Inc., 2100 M Street,
N.W., Suite 140, Washington, D.C. 20037.  Parties filing comments in this non-docketed
proceeding should include the Policy Division internal reference number, CCBPol 95-23,
on their pleadings.  AT&T's petition is available for inspection and copying in the Industry
Analysis Division reference room, Common Carrier Bureau, Room 533, 1919 M Street,
N.W., Washington, D.C. 20554.  Copies of these filings can be obtained from ITS, Inc. at
(202) 857-3800.

     We will treat this proceeding as non-restricted for purposes of the Commission's ex
parte rules.  See generally 47 C.F.R.  1.1200-1.1216.  For further information contact
Janice Myles, Policy and Program Planning Division of the Common Carrier Bureau, at (202)
418-1577.  

                                  - FCC -
     $// PN, AT&T's Pet. for Reconsideration and Clarification, DA 95-2396 //$
$/ 47 CFR Section 1.106 /$
"FOR RECORD ONLY"