FCC Record, Volume 1, No. 4, Pages 549 to 785, November 10 - November 21, 1986 Page: 627
ii, 549-785, iii p. ; 28 cm.View a full description of this book.
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Federal Communications Commission Record
Discussion
57. As the Court of Appeals directed. we have considered
whether the signatories to the ENFIA Agreement
waived any rights to retroactive compensation for paying
access rates higher than some other customers of the
former Bell System. We find that the signatory OCCs did
waive any such rights. Moreover, as explained below, we
find that given all the circumstances surrounding the
adoption of ENFIA rates and the inadequacies of the
entire access compensation system while ENFIA was in
effect, it would not be just to order compensation to
either the ENFIA signatories or to the non-signatory
OCCs. This is true whether this proceeding is characterized
as involving the award of damages or of refunds.
58. As explained below, we find that the OCCs were
not "victimized" by the ENFIA tariffs. Our findings in
CC Docket No. 78-72 show that, if anything. the OCCs
paid too little rather than too much for access under the
ENFIA tariff. In addition, even if AT
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United States. Federal Communications Commission. FCC Record, Volume 1, No. 4, Pages 549 to 785, November 10 - November 21, 1986, book, November 1986; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1580/m1/84/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.