Parties' Contentions

Complainant alleges that AT&T increased the rate for his One-Rate Calling Card Plan after he discontinued his AT&T long distance service. At Complainant's request, AT&T reinstated his calling card service and billing rate, but refused to adjust the old charges.

Complainant alleges AT&T violated its tariff by selectively disconnecting customers who were billed through their local exchange carrier and not disconnecting customers who had direct-billed accounts. Complainant further alleges that AT&T violated its tariffs by charging the standard tariffed rate to customers who changed long distance carrier, but continued to use their calling cards, and by failing to deactivate the calling card. Finally, Complainant alleges AT&T violated its tariff by providing the One-Rate Plan to subscribers who were not geographically located in the serving area of one of the local exchange carriers listed in the tariff.

In his testimony, Complainant withdrew his allegation that AT&T improperly terminated the One-Rate Plan when Complainant changed long distance carriers. He concedes that AT&T's tariff requires such termination.

AT&T contends it complied with its tariffs when it discontinued Complainant's One-Rate Plan and charged Complainant its standard tariffed calling card rates when Complainant changed his primary long distance carrier. Regarding Complainant's contentions that direct-billed customers are treated differently and that AT&T failed to update its tariff to include additional geographic areas where the One-Rate Plan is offered, AT&T objects that these contentions are outside the scope of the proceeding, as set forth in the scoping memo. As to the merits of the latter contentions, AT&T states that direct-billed accounts are not tied to presubscription to long distance service and that customers who sign up for a direct-billed calling card under the Plan consent to be treated differently. AT&T says the tariff properly alerts customers that the Plan is not available in all geographic areas, but will become available in other areas as billing becomes available.