In the Matter of Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 FCC 96-341 Competition in the Interstate Interexchange Marketplace ) ) ) ) ) ) CC Docket No. 90-132 ORDER Adopted: August 12, 1996 Released: August 20, 1996 By the Commission: 1. In the Interexchange Proceeding, 1 the Commission adopted certain 800 and inbound service bundling restrictions, including a "fresh look" requirement permitting AT&T Corp. (AT&T) customers with Tariff 12 packages that included inbound service to terminate seivice without termination liability within 90 days of the time 800 numbers became portable. AT&T filed a petition for a declaratory ruling, asking us to extend the 800 and inbound service bundling restrictions adopted in the Interexchange Proceeding, including the fresh look requirement, to all interexchange carriers. In the Interexchange Order, 2 we found that the rationale used to justify the 800 and inbound service bundling restrictions did not extend to other interexchange carriers and denied AT&T's petition. 2. In May 1993, AT&T filed a petition for judicial review of the Interexchange Order insofar as it affirmed the Commission's fresh look policy. Because the fresh look period expired in July 1993, and was not extended by the Commission,3 AT&T subsequently filed a motion asking the court to dismiss its petition for review and to vacate the See generally Competition in the Interstate Interexchange Marketplace, Notice of Proposed Rulemaking, CC Docket No. 90-132, 5 FCC Red 2627 (1990); Report and Order, 6 FCC Red 5880 (1991); Order, CC Docket No. 90-132, 6 FCC Red 7255 (Com. Car. Bur. 1991); Menwrandum Opinion and Order, 6 FCC Red 7569 (1991); Menwrandum Opinion and Order on Reconsideration, 7 FCC Red 2677 (1992). 2 See Competition in the Interstate Interexchange Marketplace, Menwrandum Opinion and Order on Rec~nsideration, CC Docket No. 90-132, 8 FCC Red 2659 (1993) (lnterexchange Order). 3 Petitions for Modification of Fresh Look Policy, Menwrandum Opinion and Order, 8 FCC Red 5046 (1993). 10791 Interexchange Order as moot. On April 19, 1994, the court granted the motion to dismiss and remanded the proceeding to the Commission with instructions to vacate the Interexchange Order.4 3. Accordingly, IT IS ORDERED pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), that the underlying agency order, Interexchange Order, 8 FCC Red 2659 (1993), IS VACATED. 4 FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary AT&T v. FCC, No. 93-1306, 1994 WL 191483 (D.C. Cir. 1994) (per curiam). 10792