October 29, 1996 Separate Statement of Commissioner Rachelle B. Chong Re: In the Matter of Policy and Rules Concerning the Interstate, Interexchange Marketplace, CC Docket No. 96-61; Implementation of Section 254(g) of the Communications Act of 1934, as amended. By this action, the Commission exercises its new forbearance authority to implement a mandatory detariffing policy for interstate, domestic, non-dominant interexchange carriers. I support eliminating the tariff filings of interexchange carriers because I believe that we ought to treat the long distance market like any other competitive business. I am confident that consumers will be the ultimate beneficiaries of the many benefits, such as lower prices and more choices, that will flow from our new forbearance policy. I write separately, however, to express my disagreement with the Commission's decision that in essence continues to restrict nondominant interexchange carriers from bundling customer premises equipment ("CPE") with interstate, interexchange services. I would have preferred that we follow the path set forth in our Notice that nondominant, interexchange carriers would be allowed to bundle CPE with interstate, interexchange services. The CPE bundling restriction was adopted during the era of the Bell System. At that time, this restriction made sense. It promoted consumer choice by protecting an emerging CPE industry from potential anticompetitive activity by a carrier that could leverage its monopoly market power in transmission services into its provision of CPE. During the past decade and a half, we have witnessed a transformation in both the CPE and long distance markets. Vigorous competition now exists in the CPE market and the Commission has already determined that no domestic interexchange carrier has market power in the provision of long distance service. Moreover, no interexchange carrier currently provides long distance service and CPE on a vertically integrated basis. In sum, I believe that the competitive nature of both of these markets has eroded the basic premise for the existence of the CPE bundling restriction established in the 1980's. Finally, I question the wisdom of today's decision with respect to raising issues relating to our rule prohibiting bundling of enhanced services with interstate, interexchange services. I remain unconvinced that the enhanced service/interstate, interexchange service bundling issue should prevent us from moving forward to eliminate the CPE/interstate, interexchange services bundling restriction. I view the question of whether we should eliminate the prohibitions against bundling CPE and long distance services as separate and distinct from issues related to the bundling of enhanced services and long distance services. Unfortunately, today's decision may create an unnecessary and artificial linkage between these issues.