7 FCC Red No. 2 Federal Communications Commission Record DA 91-1593 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of US West Communications Tariff F.C.C. No. 1 Transmittal No. 199 ORDER Adopted: December 20, 1991; Released: December 23, 1991 By the Deputy Chief (Policy), Common Carrier Bu­ reau: 1. US West Communications Inc. (US West) filed Transmittal No. 199 on October 4, 1991, to introduce charges applicable to interexchange carriers (IXCs) that submit unauthorized Primary Interexchange Carrier (PIC) changes to US West. 2. On October 21, 1991, MCI Telecommunications Cor­ poration (MCI) filed a petition to reject. or alternately to suspend and investigate, Transmittal 199. US West replied to the petition on October 31, 1991. 3. MCI argues that US West's tariff language should be modified to reflect the tentative conclusions regarding PIC change verification contained in the Commission ·s PIC Change NPRM. 1 MCI Petition at 5-6. MCI then claims that allowing US West to seek rate increases on a cost recovery basis for a service (PIC change charge) excluded from price cap regulation allows US West to recover more than the overall cost it would have been entitled to recover if rates for all of its regulated services were gov­ erned by either rate of return or price cap regulation. Id. at 6-7. Finally, asserts MCI. US West has not provided sufficient cost information under Section 6 l.38(b) of the Commission's Rules, 47 C.F.R. § 61.38(b), to allow the Commission and interested parties to determine whether the tariff rate is justified. Id. at 8-9. 4. US West replies that it is not required to revise its tariff language to reflect the tentative conclusions regard­ ing PIC change verification contained in the PIC Change NPRM. According to US West, the PIC Change NPRM is primarily aimed at protecting customers by minimizing the number of unauthorized PIC changes, not at deter­ mining how local exchange carriers (LECs) should bill IXCs for unauthorized changes. Furthermore. US West states that if the Commission adopts an order in CC Docket No. 91-64 which affects LEC procedures for veri­ fying and billing for unauthorized PIC changes, it will 1 American Telephone and Telegraph Company, Petition for Rulemaking, CC Docket No. 91-64, Notice of Proposed Rule making, 6 FCC Red 1689 ( 1991) (P/C Change NPR/11.). On December 12, 1991, the Commission approved a Report and Order revising the verification procedures that IXCs must follow when submitting PIC change orders, generated by telemarkeiing, 543 modify its tariffs to comply with any such order. US West Reply at 3. US West then disputes MCI's claim that US West would recover more than 100 percent of its overall costs if it is allowed to recover its costs for a service excluded under price cap regulation. US West asserts that its unauthorized PIC change charges are based on cost and comply with the Commission's tariff review require­ ments. US West Reply at 4. US West also maintains that its cost information justifies its charges for unauthorized PIC changes. 2 Id. at 4-5. 5. The Common Carrier Bureau has reviewed the US West transmittal and all associated submissions. We con­ clude that no compelling argument has been presented that the tariff revisions are so patently unlawful as to require rejection, and that no question has been presented that warrants investigation at this time. 6. Accordingly, IT IS ORDERED that the petition to reject or suspend and investigate US West Communica­ tions Inc. Tariff F.C.C. No. 1, Transmittal No. 199, filed by MCI Telecommunications Corporation, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carl D. Lawson Deputy Chief (Policy), Common Carrier Bureau to LECs on behalf of customers. American Telephone and Tele­ graph Company, Petition for Rulemaking, CC Docket No. 91-64, FCC 91-398 (1991) (PIC Change Order). 2 On November 20, 1991, US West filed a letter with the Commission providing additional cost information to support its proposed charges. Letter from J. Stahlhut, US West, to D. Searcy, Secretary, Federal Communications Commission, filed Nov. 20, 1991.