1 PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th Street, SW WASHINGTON, DC 20554 News Media Information (202) 418-0500 Fax-On-Demand 202/418-2830 Internet http://www.fcc.gov TTY: 202/418-2555 DA 00-127 January 28, 2000 COMMON CARRIER BUREAU SEEKS COMMENTS ON AT&T CORPORATION'S PETITION FOR DECLARATORY RULING THAT AMERITECH OHIO'S DIALING PARITY COST RECOVERY MECHANISM VIOLATES 47 C.F.R.  51.215 CC DOCKET 96-98 NSD-L-00-06 Pleading Cycle Established COMMENTS: February 14, 2000 REPLY COMMENTS: February 22, 2000 On August 8, 1996, the Federal Communications Commission (Commission) released the Local Competition Second Report and Order, in which the Commission, inter alia, promulgated rules and policies to implement the dialing parity requirement of section 251(b)(3) of the Act. Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No. 96-98, Second Report and Order and Memorandum Opinion and Order, 11 FCC Rcd 19392 (1996) (Local Competition Second Report and Order). Those rules can be found at 47 C.F.R.  51.205-215. Section 51.215 of the Commission's rules requires that a local exchange carrier (LEC) may recover the incremental costs necessary for the implementation of toll dialing parity from all providers of telephone exchange service and telephone toll service in the area served by the LEC, including that LEC. Dialing parity cost recovery mechanisms may not give one service provider an appreciable cost advantage over another service provider when competing for a specific subscriber, nor have a disparate effect on the ability of competing service providers to earn a normal return on their investment. The cost recovery mechanisms implementing these criteria are to be administered by state public utility commissions. On November 12, 1999, AT&T Corporation (AT&T) filed a petition requesting an expedited declaratory ruling that the cost recovery mechanism contained in Ameritech Ohio's (Ameritech) intrastate tariff implementing dialing parity violates section 51.215 of the Commission's rules and the Local Competition Second Report and Order. AT&T states that Ameritech intends to begin recovering its intraLATA dialing parity implementation costs in a unlawful manner as early as February 2000, as the result of a guideline adopted by the Public Utilities Commission of Ohio ("PUCO") in November 1996, three months after the release of the Local Competition Second Report and Order. AT&T states that permitting Ameritech to recover its intraLATA dialing parity implementation costs through a per minute of use charge assessed only on competing carriers violates section 51.215 and is therefore unlawful. AT&T further states that Ameritech's dialing parity cost-recovery mechanism is not competitively neutral because it places competitive LECs and IXCs at a significant cost and competitive disadvantage in relation to the incumbent LEC, Ameritech, which is wholly exempt from this charge. We hereby seek comment on the issues raised in Petitioner's request for declaratory ruling. A copy of the petition will be available during regular business hours at the FCC Reference Center, 445 12th Street, S.W., Suite CY-A257, Washington, D.C. 20554, (202) 418-0270. Interested parties may file comments in this matter on or before February 14, 2000, and reply comments on or before February 22, 2000. All filings must reference File No. NSD-L-00-06 and CC Docket 96-98. Send original and four copies to the Commission Secretary, Magalie Roman Salas, 445 12th Street, SW, Suite TW-A325, Washington, D.C. 20554 and two copies to Al McCloud, Network Services Division, Portals II, 445 12th Street, S.W., Room 6A-320, Washington, D.C. 20554. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to . If using this method, please reference CC Docket No. 96-98 in the Proceeding Block. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet E-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, including "get form " in the body of the message. A sample form and directions will be sent in reply. After filing your comments electronically, please send an email to Al McCloud, amccloud@fcc.gov, stating that comments have been filed. This is a "permit but disclose" proceeding for purposes of the Commission's ex parte rules. See generally 47 C.F.R.  1.1200-1.1216. As a "permit but disclose" proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission's rules applicable to non-restricted proceedings. 47 C.F.R.  1.1206. Parties making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C.F.R.  1.1206(b)(2). Other rules pertaining to oral and written presentations are set forth in Section 1.1206(b) as well. For further information contact Gregory Cooke of the Common Carrier Bureau, Network Services Division, at (202) 418-2320 or gcooke@fcc.gov. The TTY number is (202) 418-0484. -FEDERAL COMMUNICATIONS COMMISSION-