[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Proposed Rules]
[Page 42091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20397]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 63

[IB Docket No. 96-261, DA 97-1563]


International Settlement Rates

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: On December 19, 1996, the Federal Communications Commission 
released a Notice of Proposed Rulemaking (``NPRM'') that proposes 
changes to the Commission's international settlement benchmark rates 
that will move settlement rates closer to the underlying costs of 
providing international termination services. On July 22, AT&T filed a 
motion for the Commission to grant confidential treatment for documents 
that AT&T has filed under seal for inclusion in the record in this 
proceeding. The Commission granted AT&T's request. (Order Granting 
Motion for Confidential Treatment, IB Docket No. 96, 261, DA 97-1563, 
adopted and released on July 23, 1997)

ADDRESSES: Federal Communications Commission, 1919 M Street, NW., Room 
222, Washington, DC 20554. AT&T would make these documents available 
for inspection pursuant to the terms of the Confidentiality Agreement 
at the premises of AT&T, 10th Floor, North Tower, 1120 20th Street, 
N.W., Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: John Giusti, Attorney-Advisor, Policy 
and Facilities Branch, Telecommunications Division, International 
Bureau, (202) 418-1407.

SUPPLEMENTARY INFORMATION:

    1. AT&T Corp. (``AT&T'') has filed a motion for the confidential 
treatment of documents that AT&T has filed under seal for inclusion in 
the record of the above-captioned proceeding. We grant AT&T's motion, 
finding that it will serve the public interest by facilitating full 
development of the record in this proceeding while safeguarding the 
proprietary and confidential information of AT&T.
    2. In the International Settlement Rates Benchmarks NPRM 
(``NPRM''), the Commission proposed to calculate benchmarks for 
international settlement rates based in part on foreign carriers' 
tariffed rates (International Settlement Rates, NPRM, IB Docket No. 96-
261, 61 FR 68702 (December 31, 1996)). As part of the benchmarks 
calculations, the International Bureau distributed international calls 
from the United States among service classifications, time periods, and 
the destination of the calls. We determined the distribution of minutes 
for each country in part from information collected on AT&T customers' 
calls during a three month period that began on January 6, 1996. In its 
comments, ABS-CBN requested that we put this call distribution data on 
the record. The documents AT&T has filed under seal contain such call 
distribution data. AT&T states that this data ``is competitively 
sensitive, not publicly disclosed in AT&T's normal course of business, 
and exempt from disclosure under Secs. 0.457 and 0.459 of the 
Commission's rules.'' AT&T asserts that unauthorized disclosure could 
lead to substantial competitive harm to AT&T.
    3. Although we believe that U.S. international carriers would 
likely have call distribution data on their U.S.-originated traffic and 
foreign carriers receiving settlement payments would likely have the 
call distribution data on the U.S.-originated traffic that they 
terminate, we nonetheless want to ensure that all parties have a full 
opportunity for notice and comment on our proposed benchmark settlement 
rates. We therefore find that adoption of AT&T's motion will serve the 
public interest by facilitating full development of the record in this 
proceeding while protecting the proprietary and confidential 
information of AT&T. We recognize that AT&T's call distribution data 
could provide competitors with competitively-sensitive market and cost 
structure information about AT&T's operations. In order to ensure that 
the data contained in AT&T's documents are not used for any purpose 
other than to assist parties in commenting fully on the proposals the 
Commission made in the NPRM, we will allow AT&T to make the proprietary 
and confidential call distribution data available pursuant to the 
Confidentiality Agreement attached to its motion, the terms and 
conditions of which we find reasonable. Parties of record wishing to 
examine this data may do so at the premises of AT&T, 10th Floor, North 
Tower, 1120 20th Street, NW, Washington, DC, 20036, Monday through 
Friday, between the hours of 9 a.m. and 5 p.m.
    4. Accordingly, It Is Ordered, pursuant to section 4(i) of the 
Communications Act of 1934, as amended, 47 U.S.C. section 4(i), and 
sections 0.51, 0.261, 0.457 and 0.459 of the Commission's rules, 47 CFR 
Secs. 0.51, 0.261, 0.457, 0.459, that AT&T's motion for confidential 
treatment Is Granted. Nothing in this Order, or AT&T's Confidentiality 
Agreement, shall restrict the Commission's authority to use information 
or materials obtained in the course of this proceeding.
    5. It Is Further Ordered that this Order shall be effective upon 
adoption.

Federal Communications Commission.
Peter F. Cowhey,
Chief, International Bureau.
[FR Doc. 97-20397 Filed 8-4-97; 8:45 am]
BILLING CODE 6712-01-P