*Pages 1--2 from Microsoft Word - 49005.doc* Federal Communications Commission FCC 05- 118 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Ameritech Operating Companies Tariff FCC No. 2 Nevada Bell Telephone Company Tariff FCC No. 1 Pacific Bell Telephone Company FCC Tariff No. 1 Southern New England Telephone Company Tariff FCC No. 39 Southwestern Bell Telephone Company FCC Tariff No. 73 ) ) ) ) ) ) ) ) ) Transmittal No. 1430 Transmittal No. 84 Transmittal No. 187 Transmittal No. 843 Transmittal No. 3022 ORDER Adopted: May 27, 2005 Released: May 27, 2005 By the Commission: 1. In this order we terminate the investigation of the tariff revisions proposed in Ameritech Operating Companies (Ameritech), the Nevada Bell Telephone Company (Nevada Bell), the Pacific Bell Telephone Company (Pacific Bell), the Southern New England Telephone Company (SNET), and the Southwestern Bell Telephone Company (SWBT) Transmittal Nos. 1430, 84, 187, 843, and 3022, respectively, revising certain provisions of their interstate access tariffs, FCC Nos. 2, 1, 1, 39, and 73, respectively, filed December 13, 2004. 1 Because these telephone companies are all part of SBC Communications, Inc., we will be refer to them collectively throughout this order as “SBC.” These tariff revisions sought to change the refusal of service, discontinuance of service, and security deposit provisions of SBC’s interstate access tariffs. 2. SBC’s existing tariffs allow it to collect deposits from a customer with a proven history of late payment or no established credit. In these proposed tariff revisions, SBC stated that a customer would be considered to have a late payment history “if [it] has failed to pay the undisputed amount of a monthly bill by the billed due date in any two of the most recent twelve months, provided that both the past due period and the amount of the delinquent payment are more than de minimus [sic]. A de minimus [sic] late payment is construed to mean either 1) the payment received was deficient in balance by 5% or less of the original billed undisputed amount or 2) the payment received was late by one day as compared to the required bill payment date.” 2 SBC’s tariff revisions also sought to shorten from 30 to 15 calendar days the notice period for refusal and discontinuance of service, provided it has sent the subject bill to the customer within seven business days of the bill date, or more than 30 calendar days before giving notice of refusal or discontinuance. 3 On December 27, 2004, the Pricing Policy Division of the Wireline 1 Ameritech Operating Companies, Nevada Bell Telephone Company, Pacific Bell Telephone Company, Southern New England Telephone Company, and Southwestern Bell Telephone Company, Transmittal Nos. 1430, 84, 187, 843, and 3022, respectively, Tariffs FCC Nos. 2, 1, 1, 39, and 73, respectively, (filed December 13, 2004). 2 See, e. g., Ameritech Operating Companies Transmittal No. 1430, 2 nd Revised Page 40. 1, Section 2.4.1 (A). 3 See, e. g., id. at 6 th Revised Page 27, section 2.1.8. 1 Federal Communications Commission FCC 05- 118 2 Competition Bureau suspended for five months and set for investigation SBC’s proposed tariff revisions. 4 On January 21, 2005, SBC withdrew the proposed deposit revisions. 5 SBC’s withdrawal renders moot the investigation of the proposed deposit revisions. Accordingly, we terminate the investigation of the tariff revisions. 6 3. ACCORDINGLY, IT IS ORDERED that, pursuant to section 204 of the Communications Act of 1934, as amended, 47 U. S. C. § 204, the investigation order imposed by the Wireline Competition Bureau with respect to Ameritech Operating Companies (Ameritech), the Nevada Bell Telephone Company (Nevada Bell), the Pacific Bell Telephone Company (Pacific Bell), the Southern New England Telephone Company (SNET), and the Southwestern Bell Telephone Company (SWBT) Transmittal Nos. 1430, 84, 187, 843, and 3022, respectively, revising certain provisions of their interstate access tariffs, FCC Nos. 2, 1, 1, 39, and 73, respectively, IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 4 Ameritech Operating Companies, Nevada Bell Telephone Company, Pacific Bell Telephone Company, Southern New England Telephone Company, and Southwestern Bell Telephone Company, Transmittal Nos. 1430, 84, 187, 843, and 3022, respectively, Tariffs FCC Nos. 2, 1, 1, 39, and 73, respectively, Order, DA 04- 4048 (WCB rel. Dec. 27, 2004). 5 Ameritech Operating Companies, Nevada Bell Telephone Company, Pacific Bell Telephone Company, Southern New England Telephone Company, and Southwestern Bell Telephone Company, Transmittal Nos. 1441, 94, 201, 853, and 3032, respectively, filed January 21, 2005. 6 On March 4, 2005, SBC filed new revisions to the security deposit and refusal and discontinuance of service provisions of its interstate access tariffs. Ameritech Operating Companies, Nevada Bell Telephone Company, Pacific Bell Telephone Company, Southern New England Telephone Company, and Southwestern Bell Telephone Company, Transmittal Nos. 1449, 97, 207, 860, and 3045, respectively, Tariffs FCC Nos. 2, 1, 1, 39, and 73, respectively (filed March 4, 2005). Those revisions took effect, pursuant to the streamlined tariff filing provisions of section 204( a)( 3) of the Act, on March 19, 2005. See 47 U. S. C. § 204( a)( 3). 2