Federal Communications Commission DA 97-2282 Before the Federal Communications Commission Washington, D.C 20554 In the Matter of ) ) U S WEST Communications Inc. ) )Petition for Waiver of Section ) Part 69.4(b) of the Commission's Rules ) MEMORANDUM OPINION AND ORDER Adopted: October 28,1997; Released: October 28, 1997 By the Chief, Competitive Pricing Division, Common Carrier Bureau: L INTRODUCTION 1.-Jn this Memorandum Opinion and Order, we grant a request by U S West Commumcaa'ons Inc. (U S West) for waiver of Part 69.4(b) of the Commission's rules1 to permit the establishment of rate elements foe new operator assistance services. E. US WESTS PETITION 2. On October 11,1996, U S West filed a petition seeking a waiver to establish new rate elements to recover the costs associated with operator assistance services that it plans to offer interexchange carriers (DCCs).2 U S West proposes to offer DCCs operator assistance services that will allow completion of mterlATA collect, calling card, and biUed4o-mird- number calls, all of which require either live attendant or automated operator assistance 3 US West asserts mat grant of its petition will serve the public interest by expanding competitive options available to DCCs currently engaged in the provision of operator services or those which are contemplating the initiation of such services.4 Moreover, U S West states that the Commission should grant a waiver because it would allow them to recover the costs 1 47 CRR. § 69.4(b). 2 The Common Carrier Bureau released a Public Notice in tins proceeding on October 30,1996. See U S West Petitions Commission for Waiver of Part 69.4(bX Public Notice CCB/CPD 96-27 (October 30,1996). 3 US WEST Petition all. 4 Id at 1. 17539 Federal Communications Commission DA 97-2282 associated with their operator assistance services from the cost causer.5 HL DISCUSSION 3. The Commission's rules may be waived for good cause shown.6 The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest7 In addition, the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis.8 Waiver is thus appropriate if special circumstances warrant a deviation from the general rule and such deviation would better serve the public interest than strict adherence to the general rule.9 4. The Common Carrier Bureau (Bureau) has previously granted requests for waiver of Section 69.4(b) to enable carriers to establish new rate elements for proposed operator assistance services. These rate elements permit carriers to tailor their tariff offerings to the specific service at issue rather than attempting to use existing rate elements designed for other services.10 In granting those requests, the Bureau found mat the local exchange carriers (LECs) that proposed those offerings would bring DCCs and their customers a greater choice of interstate operator services and mat such choices would foster competition.11 In addition, the Bureau found that the creation of new rate elements would advance the Commission's access charge regime by enabling carriers to better match relevant costs and rate dements, thereby allowing die LECs to recover the costs of their services from those customers who use them.12 Finally, die Bureau concluded that it was premature to address cost issues in die waiver requests because none of die LECs had filed tariff transmhtals to implement their proposed rate dements.13 5 Id at 4. 6 47 CFJL § 13. 7 Northeast Cellular Telephone Co. v. PCC, 897 F2d 1164 (D.C Or. 1990) (Northeast Cellular). 8 WAIT Radio v. PCC, 418 F2d 1153,1158 (D.C Or. 1969), cert.