FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987 Page: 164
iii, 409, v p. ; 28 cm.View a full description of this book.
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FCC 86-529 Federal Communications Commission Record
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since joint marketing is integral to the limited relief
proposed by BellSouth, we require BellSouth to retain its
Sales Agency programs as a condition of our grant of
such relief.
143. We conclude that BellSouth need not file an
additional plan detailing its procedures for complying
with these safeguards during this interim period. Many
such safeguards are essentially the same that BellSouth
currently follows; the few modifications necessary to address
the limited, integrated activities in which BellSouth
will engage are straight-forward and do not necessitate
further elaboration. The submission of interim plans appears
unnecessary to prevent anticompetitive conduct
and, therefore, would only serve to delay unnecessarily
implementation of this limited interim relief and deflect
industry and Commission resources away from preparation
and review of the permanent compliance plans.
144. We conclude that Ameritech's interim joint marketing
proposal does not contain a sufficient degree of
specificity to enable us to approve it in this Order.
However, if Ameritech or other BOCs are interested in
engaging in limited, interim joint marketing activities,
they may file their own proposals in the form of petitions
for interim relief. In light of NYNEX's reservations in
this regard,342 we decline to prescribe the details of such
proposals or to require that they track precisely the
BellSouth proposal. However, we will be able to give
more expeditious consideration to those petitions,343 that
like the BellSouth plan, limit both the existence of common
costs and the extent of departure from the Computer
II rules with which the BOCs now comply.344
145. We also require all BOCs to file plans, within 90
days of release of this Order, describing the procedures
they will implement to comply with the nondiscrimination,
CPNI, and joint marketing/sales agency safeguards
established in this Order. We hereby delegate authority to
the Common Carrier Bureau Chief to review the plans,
after interested parties have had an opportunity to comment
on them, and to approve the implementation of
relief if it is determined that the plans meet the essential
criteria discussed in this Order. Any BOC that does not
intend to implement structural relief must demonstrate in
its compliance plan that the form of structural separation
it proposes to retain either satisfies our nonstructural
safeguards or provides a fully adequate substitute for
them.
VIII. ADMINISTRATIVE REVIEW
146. This Order replaces mandatory structural separation
with nonstructural safeguards for the provision of
CPE by the BOCs. We conclude that none of these
carriers are small business entities for purposes of the
Regulatory Flexibility Act, 5 U.S.C. 602-12. Although
we have determined not to apply the formal procedures
of the Regulatory Flexibility Act, we have thoroughly
considered the interests of small telephone companies,
and small CPE manufacturers, and other small business
entities.
147. The requirements in this Order have been analyzed
with respect to the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 et seq., and have been found not
to be subject to the procedures of 3507 because fewer
than ten entities are required to file compliance plans or
reports.IX. ORDERING CLAUSES
148. Accordingly, IT IS ORDERED, that pursuant to
Sections 4(i), 4(j), 201-205, 218, 220, 403, and 404 of the
Communications Act of 1934, 47 U.S.C. 154(i), 154(j),
201-205, 218, 220, 403, and 404, the policies, rules, and
requirements set forth herein are ADOPTED.
149. IT IS FURTHER ORDERED, that the Motion for
Leave to File Late Comments filed by the Florida Public
Service Commission is GRANTED.
150. IT IS FURTHER ORDERED, that the Motion for
an Evidentiary Hearing filed by the North American
Telecommunications Association is DENIED.
151. IT IS FURTHER ORDERED, that the limited
joint marketing proposal submitted by BellSouth is APPROVED
to the extent described herein.
FEDERAL COMMUNICATIONS COMMISSION
William J. Tricarico
Secretary
APPENDIX A
FILING COMMENTS:
1. Alabama Public Service Commission (Alabama)
2. American Petroleum Institute (API)
3. American Telephone and Telegraph Company
(AT
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 1, Pages 1 to 409, January 5 - January 16, 1987, book, January 1987; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1597/m1/171/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.