rules, 47 C.F.R. § 61.41(c)(2), and the Definition of "Study Area" contained in Part 36 of the Commission's rules, 47 C.F.R. Part 36, before it discontinues service over these facilities. 5. This Order and Certificate IS EFFECTIVE upon release. Failure of the applicant to decline the authorization in writing within thirty-one days from the release date will be construed as formal acceptance. FEDERAL COMMUNICATIONS COMMISSION Feraldine it. Matice _____ Geraldine A. Matise, Chief 1. On October 31, 1996, the Commission released the IXC Tariff Forbearance Order.' In that decision, the Commission determined that it would no longer require or allow nondominant interexchange carriers to file tariffs pursuant to section 203 of the Communications Act of 1934, as amended (the "Act"),2 for their interstate, domestic interexchange services. The Commission undertook this action pursuant to the directive in new section 10(a) of the Act to "forbear from applying any regulation or any provision of this Act" to a class of telecommunications carriers if particular conditions are present.3 The Commission's decision to forbear from applying section 203 tariff filing requirements in this context was intended to advance the pro-competitive, deregulatory objectives of the Telecommunications Act of 1996.* 1 Policy and Rules Concerning the Interstate, Interexchange Marketplace; Implementation of Section 254(g) of the Communications Act of 1934, as amended, CC Docket No. 96-61, Second Report and Order, FCC 96-424, 61 Fed. Reg. 59,340 (Nov. 22, 1996) (IXC Tariff Forbearance Order). 2 47 U.S.C. § 203. 3 47 U.S.C. § 160(a). Section 10(a) was added to the Communications Act by the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, codified at 47 U.S.C.. §§ 151 et seq. 4 IXC Tariff Forbearance Order at ¶ 4. See also Joint Explanatory Statement of the Committee of Conference, S. Conf. Rep. No. 230, 104th Cong., 2d Sess. 113 (1996). 2. On December 2, 1996, MCI Telecomunications Corporation (MCI) filed with the United States Court of Appeals for the District of Columbia a petition for review of the IXC Tariff Forbearance Order. On December 18, 1996, MCI filed with the Commission a Motion for Stay Pending Judicial Review of the IXC Tariff Forbearance Order. On December 23, 1996, America's Carriers Telecomunication Association (ACTA) filed with the Commission a "Supplemental Motion Supporting MCI Telecommunications Corporation's Motion for Stay Pending Judicial Review."6 3. The motions filed by MCI and ACTA fail to demonstrate that a stay is warranted under applicable legal standards.' In particular, we find that petitioners have failed to demonstrate that they would suffer irreparable injury if the IXC Tariff Forbearance Order were not stayed. We are not persuaded by petitioners' unsubstantiated claims of irreparable harm, particularly in light of the nine-month period provided for transitioning to detariffing." We therefore deny MCI's and ACTA's motions. 4. Accordingly, IT IS ORDERED that the "Motion for Stay Pending Judicial Review" filed by MCI Telecommunications Corporation on December 18, 1996, IS DENIED. On December 24, 1996, the Ad Hoc Telecommunications Users Committee, the California Bankers Clearing House Association, the New York Clearing House Association, ABB Business Services, Inc. and the Prudential Insurance Company of America jointly filed an opposition to MCI's motion for stay pending judicial review. ·6 Because ACTA raises issues different than those MCI raises, we treat ACTA's submission both as a pleading in support of MCI's motion as well as a separate motion for stay. 7 See, e.g., Wisconsin Gas Co. v. Federal Energy Regulatory Commission, 758 F.2d 669, 673-74 (D.C. Cir. 1985) (per curiam); Washington Metropolitan Area Transit Authority v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C. Cir. 1977); Virginia Petroleum Jobbers Ass'n v. Federal Power Commission, 259 F.2d 921, 925 (D.C. Cir. 1958). S A concrete showing of irreparable harm is an essential factor in any request for a stay. Reynolds Metals Co. v. Federal Energy Regulatory Comm'n, 777 F.2d 760, 763 (D.C. Cir. 1985); Wisconsin Gas, 758 F.2d at 674. As the U.S. Court of Appeals for the District of Columbia Circuit has observed, "economic loss does not, in and of itself. constitute irreparable harm." Wisconsin Gas, 758 F.2d at 674. Even if the alleged harm is not fully remediable, the irreparable harm factor is not satisfied absent a demonstration that the harm is "both certain and great;... actual and not theoretical." Id. IXC Tariff Forbearance Order at ¶¶ 89-91. 5. IT IS FURTHER ORDERED that the "Supplemental Motion Supporting MCI Telecommunications Corporation's Motion for Stay Pending Judicial Review" filed by America's Carriers Telecommunication Association on December 23, 1996, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Begina M. Keeney Regina M. Keeney Chief, Common Carrier Bureau USA Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 News media information 202 / 418-0500 INTERNATIONAL BUREAU PUBLIC BRIEFING ACCOUNTING RATE FLEXIBILITY REPORT AND ORDER SETTLEMENT RATE BENCHMARKS NOTICE OF PROPOSED RULEMAKING DA 97-28 Released: January 8, 1997 The International Bureau will host a Public Briefing on Tuesday, January 21, 1997 from 2:00 p.m. to 4:00 p.m. at the Federal Communications Commission, 2000 M St., Room 825. The topic of the briefing will be the Commission's Order on accounting rate flexibility adopted on November 26, 1996 and Notice of Proposed Rulemaking on international settlement rate benchmarks adopted on December 19, 1996. The Commission's Order, entitled Regulation of International Accounting Rates, CC Docket No. 90337, Phase II, Fourth Report and Order, FCC 96-459 (rel. December 3, 1996), and its Notice of Proposed Rulemaking, entitled International Settlement Rates, IB Docket No. 96-261, Notice of Proposed Rulemaking, FCC 96-484 (rel. December 19, 1996), are posted and available on the Commission's web site at http://www.fcc.gov. The Bureau staff will respond to questions regarding the recently adopted rules permitting flexibility in the Commission's accounting rate policies where appropriate market conditions exist and proposed revisions to the Commission's settlement rate benchmarks. The purpose of this briefing is to provide the public with an opportunity to ask questions and discuss the newly adopted rules and proposals. In order to facilitate the discussion on these topics, the Bureau encourages participants to submit questions and issues to the staff prior to the briefing. All interested members of the public are encouraged to attend and raise questions about these new rules and proposals. For further information, please contact Kathy O'Brien, Attorney Advisor, International Bureau, (202) 418-0439. Fax questions and issues to Kathy O'Brien at (202) 418-2824. - FCC |