*Pages 1--2 from Microsoft Word - 13732.doc* Federal Communications Commission DA 01- 2982 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Investigation of Alascom, Inc. Interstate Transport and Switching Services Alascom, Inc Revisions to Tariff F. C. C. No. 11 ) ) ) ) ) ) ) ) CC Docket No. 95- 182 Transmittal No. 1260 ORDER Adopted: December 21, 2001 Released: December 26, 2001 By the Chief, Competitive Pricing Division, Common Carrier Bureau: I. INTRODUCTION 1. On November 27, 2001, Alascom, Inc. (Alascom), filed Transmittal No. 1260 to revise its Tariff F. C. C. No. 11 (Tariff 11) for the dominant common carrier interexchange services that it provides in Alaska (Alaska Services). 1 These proposed tariff revisions are scheduled to become effective January 1, 2002. Under this transmittal, Alascom proposes to reduce certain per minute transport and switching rates for service to intra- Alaska Bush and Non- Bush locations (that is, between Alaska local exchange carrier offices and Alascom’s switching center) and to increase Bush and Non- Bush transport rates for traffic between Alaska and the Continental United States (that is, between Anchorage and Portland, Oregon). 2 2. No petitions were filed in opposition to the above transmittal. Nevertheless, for the reasons explained below, we suspend the effectiveness of the above transmittal for one day, set it for investigation, consolidate this investigation into the investigation initiated in the Transmittal 790 Suspension Order, 3 and impose an accounting order. II. DISCUSSION 3. We have reviewed the above transmittal and its supporting materials. We find that Transmittal No. 1260 raises the same issues regarding rate levels, rate structures, and terms and conditions of service as those identified in the Transmittal 790 Suspension Order. For example, the 1 The Alaska Services offered by Alascom have been established to enable other domestic interexchange carriers to provide telecommunications service to and from Alaska. See Integration of Rates and Services for the Provision of Communications by Authorized Common Carriers between the Contiguous States and Alaska, Hawaii, Puerto Rico and the Virgin Islands, CC Docket No. 83- 1376, 9 FCC Rcd 3023 (1994). 2 Alascom, Inc., Revisions to Tariff F. C. C. No. 11, Trans. No. 1260, filed Nov. 27, 2001, Transmittal Letter at 1, and 10 th Revised Page 21 of the tariff filing. . 3 Alascom, Inc., Tariff F. C. C. No. 11, Trans. No. 790, CC Docket No. 95- 182, 11 FCC Rcd 3703 (Common Carrier Bureau 1995) (Transmittal 790 Suspension Order) (suspending and investigating Alascom Transmittal Nos. 790 and 797). 1 Federal Communications Commission DA 01- 2982 2 proposed tariff revisions, like those in the earlier Alascom Transmittal Nos. 790, 797, 807, 852, 921, 933, 937, 941, 942, 993, 1088, and 1184, raise questions regarding the adequacy of Alascom's cost support and the extent to which the rates, terms, and conditions in the proposed tariff comply with the Communications Act and relevant Commission orders. We conclude, therefore, that significant questions of lawfulness exist concerning Alascom's Transmittal No. 1260. Accordingly, we suspend the provisions of Transmittal No. 1260 for one day, set those provisions for investigation, and consolidate that investigation with the investigation initiated in the Transmittal 790 Suspension Order. These rate changes also will be subject to an accounting order to facilitate any necessary refunds. Our accounting order will ensure that Tariff 11 customers will be able to receive refunds of any amounts improperly charged should the Commission ultimately determine that Alascom’s tariff is unlawful. III. ORDERING CLAUSES 4. Accordingly, IT IS ORDERED that, pursuant to Section 204( a) of the Communications Act of 1934, as amended, 47 U. S. C. § 204( a), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C. F. R. §§ 0.91, 0.291, the revisions to Alascom, Inc., Tariff F. C. C. No. 11, contained in Transmittal No. 1260 ARE SUSPENDED for one day from its effective date and an investigation of that tariff transmittal is instituted and incorporated within CC Docket No. 95- 182. 5. IT IS FURTHER ORDERED that Alascom, Inc., SHALL FILE tariff revisions within five business days of the release date of this Order to reflect this suspension. 6. IT IS FURTHER ORDERED that, pursuant to Sections 4( i) and 204( a) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 204( a), and through the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 C. F. R. §§ 0. 91, 0. 291, Alascom, Inc., SHALL KEEP ACCURATE ACCOUNT of all amounts received by reason of the rates that are the subject of this investigation. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Competitive Pricing Division Common Carrier Bureau 2