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    Report No. CC 98-20 COMMON CARRIER ACTION     July 9, 1998
   
   
FCC Adopts Process to Accelerate Resolution of Market Disputes
                  (CC Docket No. 96-238)
                             
                             
       Noting that the growth of telecommunications competition depends upon the
   prompt resolution of disputes between market participants, the Commission today
   adopted a new, accelerated approach to resolving complaints involving telephone
   companies.  Today's action will allow the Commission to respond to market disputes
   effectively and with the speed that will be necessary in an increasingly competitive
   environment.  The new procedures should benefit consumers and the industry alike by
   safeguarding fair competition in the telecommunications market.
   
       The complaint procedures adopted today provide for the decision, within 60
   days, of formal complaint proceedings that are accepted onto the newly-created
   "Accelerated Docket."  In addition, the new process offers parties more extensive
   discovery than is currently available in formal complaint proceedings, and it allows
   parties to present their cases at minitrials involving the live testimony of witnesses. 
   Parties may also have the opportunity for an en banc hearing, before the full
   Commission, of applications for review of staff decisions.  
   
       Either party to a complaint may submit a request that the complaint be accepted
   onto the Accelerated Docket, and it is not necessary for both parties to agree to the
   proceeding.  In deciding whether to accept a proceeding onto the docket, staff may
   consider a number of factors, including the effect of the dispute on competition; whether
   the dispute is one that can be reasonably resolved within the accelerated time frame; and
   whether an accelerated proceeding would place an unreasonable burden on one party
   because of a substantial resource disparity between parties.  The Commission also noted
   that no complaint will be accepted onto the Accelerated Docket until the parties have
   participated in discussions supervised by Commission staff aimed at resolving or
   narrowing the dispute. 
   
   
       The Order adopted today will become effective 60 days after publication in the
   Federal Register.
   
       Action by the Commission July 9, 1998, by Second Report and Order (FCC 98-
   154).  Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani,
   with Commissioner Furchtgott-Roth issuing a separate statement.
   
                              -FCC-
   
       News Media contact:  Rochelle Cohen at  (202) 418-0253.
       Office of General Counsel contact:  Jeffrey Dygert at (202) 419-7300.