NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** $// Order; Guam Telephone Authority ; Trans. 7 & 9; DA 95-1679 //$ $/ Section 0.29l Delegated Authority /$ TRANSMITTED FOR FCC RECORD ONLY Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. DA 95-1693 In the Matter of ) ) Guam Telephone Authority ) ) Tariff F.C.C. No. 1 ) Transmittal Nos. 7, 9 ORDER Adopted: July 31, 1995; Released: July 31, 1995 By the Deputy Chief, Tariff Division, Common Carrier Bureau: 1. Guam Telephone Authority (GTA) filed Transmittal No. 7 on April 12, 1995 to establish procedures for balloting and presubscription in connection with its proposed implementation of Feature Group D equal access on the island of Guam. On April 26 1995, IT&E Overseas, Inc. (IT&E) filed a petition for clarification of Transmittal No. 7, to which GTA replied on May 9, 1995. On July 28, 1995, GTA filed Transmittal No. 9 to clarify its earlier-filed transmittal. Both transmittals are scheduled to become effective on August 1, 1995. 2. IT&E requests that the Commission require GTA to clarify its proposed balloting and allocation procedures. IT&E states that although it generally finds Transmittal No. 7 to be reasonable, the presubscription provisions set forth in GTA's transmittal are incomplete, unclear, and not in full conformance with the Commission's Allocation Order. IT&E Petition at 1. IT&E contends that GTA should clarify its tariff by: (1) stating that it will accept IXC lists of customers who have made individual arrangements with a specific IXC to designate the IXC as their PIC; (2) expressly setting forth a random allocation process for such customers based upon current IXC presubscription ratios; and (3) stating that any alternative to allocation, such as call blocking or access code dialing, may not be substituted for the allocation process. Id. at 2. IT&E also urges that the Commission require GTA to revise its provisions regarding customer choice discrepancy to conform to the procedures set forth in the Allocation Order. Id. at 3. 3. GTA states that it modeled Transmittal No. 7 after the National Exchange Carrier Association (NECA) balloting and presubscription tariff. GTA argues that it does not believe that the minimal changes it made to NECA's tariff affected its legal sufficiency. GTA Reply at 1. According to GTA, it will accept IXC customer lists as required by the Allocation Order and follow the allocation procedures mandated by the Allocation Order. Id. at 1-2. GTA also contends that GTA's process regarding balloting or customer list discrepancies conforms with the Allocation Order. Id. at 3. Finally, GTA explains that it intends to block new customers from 1+ dialing until they select a PIC. Id. at 2-3. 4. The Common Carrier Bureau has reviewed the transmittals and all associated submissions. We conclude that no compelling argument has been presented by IT&E that the balloting and allocation procedures proposed by GTA in Transmittal No. 7 and revised in Transmittal No. 9 require further clarification. 5. Accordingly, IT IS ORDERED that the petition for clarification of Guam Telephone Authority Tariff F.C.C. No. 1, Transmittal No. 7, filed by IT&E Overseas, Inc. IS GRANTED to the extent described herein and otherwise IS DENIED. FEDERAL COMMUNICATIONS COMMISSION David A. Nall Deputy Chief, Tariff Division Common Carrier Bureau