PUBLIC NOTICE
Federal Communications Commission
445 12
th
St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
DA 17-890
Released:  Sept. 13, 2017
PROTESTED TARIFF TRANSMITTALS
NO ACTIONS TAKEN
Transmittal Nos. 1861, 1862, 131, 302, 554, and 3445
Pursuant to authority delegated under section 0.291 of the Commission’s rules, 47 C.F.R. § 0.291, 
the Pricing Policy Division of the Wireline Competition Bureau reviewed the Windstream Services LLC 
(Windstream) petition to reject or to suspend and investigate the August 29, 2017 AT&T tariff 
transmittals and related filings.
1
Based on our review of the record, we have concluded that Windstream failed to present 
compelling arguments that the transmittals are so patently unlawful as to require rejection.  Similarly, we 
have concluded that Windstream did not present issues regarding the tariff transmittals that raise 
significant questions of lawfulness which require investigation.  In particular, we have concluded that the 
tariff revisions do not violate the six-month price freeze provision of the Commission’s BDS Order,
2
because the revisions do not raise any rates, and the BDS Order does not prohibit a price cap LEC from 
discontinuing a term plan, and thus removing an offer entirely from its tariffs.
3
  By allowing these 
revisions to go into effect, we have not foreclosed Windstream’s ability to pursue a formal complaint with 
                                                     
1
See Petition of Windstream Services, LLC to Reject or Suspend and Investigate AT&T Tariff Filings, Transmittal 
Nos. 1861, 1862, 131, 302, 554, and 3445 (filed Sept. 5, 2017).  This Petition challenges the following tariff 
transmittals, either in whole or in part: Ameritech Transmittal Nos. 1861 and 1862, Tariff F.C.C. No. 2; BellSouth 
Transmittal No. 131, Tariff F.C.C. No. 1; Nevada Bell Transmittal No. 302, Tariff F.C.C. No. 1; Pacific Bell 
Transmittal No. 554, Tariff F.C.C. No. 1; SWBT Transmittal No. 3445, Tariff F.C.C. No. 73 (AT&T August 29, 
2017 Tariff Transmittals).  See also Opposition of AT&T Services Inc.to Petition to Reject or Suspend and 
Investigate, Transmittal Nos. 1861 and 1862, 131, 302, 554, and 3445 (filed Sept. 11, 2017); Letter from John 
Nakahata, Counsel to Windstream, to Marlene H. Dortch, Secretary, FCC, Transmittal Nos.1861 and 1862, 131, 
302, 554, and 3445 (filed Sept. 12, 2017).  Letter from Karen Reidy, Vice President, Regulatory Affairs, 
INCOMPAS, to Marlene H. Dortch, Secretary, FCC, Transmittal Nos.1861 and 1862, 131, 302, 554, and 3445 (filed 
Sept. 12, 2017).
2
Business Data Services in an Internet Protocol Environment; Technology Transitions; Special Access for Price 
Cap Local Exchange Carriers; AT&T Corporation Petition for Rulemaking to Reform Regulation of Incumbent 
Local Exchange Carrier Rates for Interstate Special Access Services, WC Docket No. 16-143, GN Docket No. 13-5, 
WC Docket No. 05-25, RM-10593, Report and Order, 32 FCC Rcd 3459, 3533, para. 167 (2017) (BDS Order).  
3
See BellSouth Telecommunications v. FCC, 469 F3d 1052, 1057 (D.C. Cir 2006) (explaining that 
telecommunications carriers have no obligation to offer a discount plan at all). 
2respect to the contract tariff that is the focus of Windstream’s concern, pursuant to Section 208 of the 
Communications Act of 1934, as amended.
4
Accordingly, the petition to reject or to suspend and investigate the tariff transmittals at issue is 
denied.  Pursuant to section 204(a)(3) of the Act, the AT&T August 29, 2017 Tariff Transmittals became 
effective on September 13, 2017.  Applications for review and petitions for reconsideration of this 
decision may be filed within 30 days from the date of this public notice in accordance with sections 1.115 
and 1.106 of the Commission’s rules, 47 C.F.R. §§ 1.115, 1.106.  In addition, parties may avail 
themselves of the Commission’s Section 208 complaint process.
5
For further information, please contact Robin Cohn at (202) 418-2747 or via email at 
robin.cohn@fcc.gov.
- FCC -
                                                     
4
See 47 U.S.C. § 208; see also BDS Order, 32 FCC Rcd at 3505-06, para. 102 (“customers are protected in the near 
term from harm that would result from any rates, terms, or conditions that are unjust and unreasonable or unjust and 
unreasonably discriminatory because the Commission’s section 208 complaint process continues to be available for 
common carriage services”).  
5
47 U.S.C. § 208.