FOR IMMEDIATE RELEASE NEWS MEDIA CONTACT: August 11, 1999 Emily Hoffnar 202/418-0253 COMMON CARRIER ACTION FCC DENIES AMERITECH PETITION FOR FORBEARANCE FROM APPLYING SECTION 275(a) OF THE COMMUNICATIONS ACT TO AMERITECH'S ALARM MONITORING OPERATIONS Today, the Commission denied a petition from Ameritech Corporation asking the Commission to forbear from applying the provisions of section 275(a) of the Communications Act to Ameritech's alarm monitoring operations. The Commission determined that forbearance would be contrary to the public interest. Alarm monitoring services rely on devices placed within customer premises to detect possible threats to life, safety, or property, from burglary, fire, vandalism, bodily injury, or other emergencies. When triggered, an alarm monitoring device transmits a signal to a monitoring center to alert a person at the center of the need to inform the customer or another person or police, fire, rescue, security, or public safety personnel of the threat. The transmissions are sent over the facilities of a local exchange carrier or a LEC affiliate. Congress enacted section 275 of the Communications Act as part of the Telecommunications Act of 1996. Under section 275(a), Ameritech is allowed to engage in the provision of alarm monitoring services because it had been providing those services as of November 30, 1995. Under section 275(a)(2), however, neither Ameritech nor an Ameritech affiliate may "acquire any equity interest in, or obtain financial control of, any unaffiliated alarm monitoring service entity" until five years after the date of enactment of the 1996 Act on February 8, 1996. In today's Order, the Commission stated that Congress, in enacting section 275(a), made a policy judgment that the restrictions on Ameritech's alarm monitoring operations should sunset on February 8, 2001. The Commission also stated that Ameritech's petition is, in effect, a request that the Commission adopt an earlier sunset date and that Ameritech has not contended that any changed or unanticipated circumstance warrants an earlier sunset. The Commission concluded that it would therefore be inconsistent with the public interest to shorten the period during which Ameritech participation in alarm monitoring should be restricted. Action by the Commission August 11, 1999, by Memorandum Opinion and Order (FCC 99-215). Chairman Kennard, Commissioners Ness and Tristani with Commissioners Furchtgott-Roth and Powell dissenting and Chairman Kennard and Commissioners Furchtgott-Roth and Powell issuing separate statements. CC Docket No. 98-65 Report No. CC 99-35 Common Carrier Bureau contacts: Margaret Egler at (202)418-2319 or William Kehoe at (202)418-7122 -FCC-