ABSTRACT

The Regional Holding Companies, have requested the Court to waive the 'line of business' restrictions in section 11(D) of the decree so that they may pursue ventures other than the provision of local telephone service. In deciding requests tor waivers under section VIII(C), the Court must determine whether the petitioning Regional Holding Company has made 'a showing' that 'there is no substantial possibility that it could use its monopoly power to impede competition in the market it seeks to enter'. The Regional Holding Companies argue that such removal is contingent entirely on the anticipated antitrust consequences of their entry into a particular market; that the Court is not free to consider other provisions of the decree; and that when the pending waiver requests are considered in light of the proper standard, all of them must be granted without conditions. Under the decree, the Operating Companies' basic responsibility is to provide local telephone service to the public.