DAILY DIGESTVol. 13, No. 149 August 10, 1994 --------------------------------------------------------------------------- PUBLIC NOTICES --------------------------------------------------------------------------- FCC TO RESCHEDULE DOMESTIC PUBLIC CELLULAR TELECOMMUNICATIONS SERVICE LOTTERIES FOR UNSERVED AREAS, WEDNESDAY, OCTOBER 19 AT 10:00 AM, IN ROOM 856, 1919 M ST., NW, WASHINGTON, D.C. ADVISORY COMMITTEE ON ADVANCED TELEVISION SERVICE SCHEDULE OF MEETINGS TARIFF TRANSMITTAL PUBLIC REFERENCE LOG: August 9 Report No. DBS/PN 94-13 - DIRECT BROADCAST SATELLITE APPLICATION ACCEPTED FOR FILING Report No. 1170 - CABLE TELEVISION RELAY SERVICE (CARS) APPLICATIONS ACCEPTED FOR FILING Report No. 3505 - CABLE TELEVISION ACTIONS Report No. 15869 - BROADCAST APPLICATIONS Report No. 21949 - BROADCAST ACTIONS Report No. DS-1447 - COMMON CARRIER SERVICES INFORMATION RE: SATELLITE RADIO APPLICATIONS ACCEPTED FOR FILING Reports D-760 and D-760-A - COMMON CARRIER BUREAU DOMESTIC FACILITIES APPLICATIONS [Two Public Notices] Report No. DS-1448 - DOMESTIC FIXED SATELLITE SERVICE Report No. I-7016 - INTERNATIONAL AND SATELLITE APPLICATIONS ACCEPTED FOR FILING - Contact: Janice Alston or Mary E. Cobbs at (202) 418-1470 Report No. I-7017 - OVERSEAS COMMON CARRIER SECTION 214 APPLICATIONS ACTIONS TAKEN Report No. I-7018 - OVERSEAS SECTION 214 APPLICATIONS ACCEPTED FOR FILING Report No. PMS-94-45 - COMMON CARRIER PUBLIC MOBILE SERVICES INFORMATION Report No. PMS-94-46-A COMMON CARRIER PUBLIC MOBILE RADIO SERVICE INFORMATION Report No. 1095 - PRIVATE RADIO BUREAU PART 21 RECEIPTS AND DISPOSALS - July 27 through August 3 --------------------------------------------------------------------------- TEXTS --------------------------------------------------------------------------- DUBLIN AND MARLIN, TX. Effective September 26, rescinded the allotment of Channel 225C3 at Dublin, and allotted Channel 226C3 instead; substituted Channel 225C2 for Channel 225A at Marlin, and conditionally modified the license of KEYR accordingly. (MM Docket No. 89-128 by MO&O [DA 94-847] adopted August 3 by the Chief, Policy and Rules Division, Mass Media Bureau) NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES (NYSDSS) AND AT&T COMMUNICATIONS, INC. V. NEW YORK TELEPHONE COMPANY. Dismissed with prejudice NYSDSS and AT&T's complaint against New York Telephone alleging that New York Telephone charged more for its interstate special access services that the rates specified in its applicable interstate tariffs. (By Order [DA 94-849] adopted August 3 by the Chief, Formal Complaints and Investigations Branch, Common Carrier Bureau) TPI COMMUNICATIONS INTERNATIONAL, INC. V. PUERTO RICO TELEPHONE COMPANY, ET AL. Dismissed with prejudice TPI's complaint against Puerto Rico Telephone, et al., seeking damages and injunctive relief and alleging failure to provide TPI reasonable interconnection within the meaning of the Communications Act. (By Order [DA 94-848] adopted August 3 by the Chief, Formal Complaints and Investigations Branch) ******************************* ADDENDA: The following items released August 9 were not listed on Digest 148: --------------------------------------------------------------------------- NEWS RELEASES --------------------------------------------------------------------------- FCC RELEASES REPORT REGARDING REALLOCATION OF SPECTRUM FROM FEDERAL GOVERNMENT (Report No. GN-163, General Action) The FCC has released a report to the Secretary of the U.S. Department of Commerce regarding the Department's Preliminary Spectrum Reallocation Report (Preliminary Report). Action by the Commission August 9 by Report (FCC 94-213). News Media contacts: Susan Sallet and Patricia A. Chew at (202) 418-0500; Office of Engineering and Technology contact: Steve Sharkey at (202) 653-8151. [Internet file name: nret4008.txt] REGULATORY FRAMEWORK FOR CMRS COMPLETED - GN DOCKET 93-252 (Report No. DC- 2638, Action in Docket Case) The Commission has completed the initial implementation of its Congressional mandate to establish a consistent, symmetrical regulatory scheme to govern similar commercial mobile radio services (CMRS). Action by the Commission August 9 by Third R&O (FCC 94-212). News Media contact: Rosemary Kimball at (202) 418-0500; Private Radio Bureau contact: David Furth at (202) 634-2443; Common Carrier Bureau contact: Nancy Boocker at (202) 418-1300; Office of Plans and Policy contact: Greg Rosston at (202) 418-2044. FCC RECONSIDERS PIONEER'S PREFERENCE DECISION - ET DOCKET 93-266 and GEN DOCKET 90- 314 (Report No. DC-2639, Action in Docket Case) The Commission has announced that it has amended its pioneer's preference rules to require that recipients of pioneers' preferences in proceedings where tentative decisions had been made at the time Congress enacted auction legislation must pay for their licenses. This decision applies to three proceedings -- 2 GHz personal communications services (broadband PCS), local multipoint distribution service (LMDS) and low earth orbital satellite service in the 1.6/2.4 GHz band (so-called Big LEOs). Action by the Commission August 9 by MO&O on Remand (FCC 94-209). Common Carrier Bureau contact: Sally Novak at (202) 418-1310; Office of General Counsel contact:David Soloman (202) 418-1720 --------------------------------------------------------------------------- PUBLIC NOTICE --------------------------------------------------------------------------- PLEADING CYCLE ESTABLISHED FOR COMMENTS ON ROCHESTER'S PETITION FOR WAIVERS OF PART 69 OF THE COMMISSION'S RULES RELATED TO ACCESS CHARGES - Comments are due September 12, replies September 27 - Contact: Peggy Reitzel at (202) 418-1579 [DA 94-868] --------------------------------------------------------------------------- TEXTS --------------------------------------------------------------------------- CABLEVISION INDUSTRIES CORPORATION. Dismissed Cablevision's appeal of a rate decision and order of the City of Columbia, SC, along with a request for stay of the order. (By Order [DA 94-862] adopted August 8 by the Acting Chief, Cable Services Bureau) CENTURY CABLE OF SOUTHERN CALIFORNIA. Ordered that the stay granted by the Commission regarding the local rate order adopted by the City of La Habra, CA, establishing rates for Century Cable of Southern California's basic service tier and associated equipment is extended until the earlier of a date 10 days after the release of an Order(s) by the Commission finally resolving the issues raised in the Letters of Inquiry or the resolution of the instant appeal. (By Order [DA 94-859] adopted August 8 by the Acting Chief, Cable Services Bureau) CENTURY CABLE OF SOUTHERN CALIFORNIA. Ordered that the stay granted by the Commission regarding the local rate order adopted by the City of Brea, CA, establishing rates for Century Cable of Southern California's basic service tier and associated equipment is extended until the earlier of a date 10 days after the release of an Order(s) by the Commission finally resolving the issues raised in the Letters of Inquiry or the resolution of the instant appeal. (By Order [DA 94-860] adopted August 8 by the Acting Chief, Cable Services Bureau) COMCAST CABLEVISION OF MOUNT CLEMENS, INC. Stayed the local rate order adopted by the City of Mount Clemens, MI, establishing rates for regulated basic tier service and associated equipment provided by Comcast Cablevision of Mount Clemens, Inc., pending resolution of the Letter of Inquiry; ordered that the difference between the rates ordered by the City and the subscriber fees collected during the stay period be placed in escrow. (By Order [DA 94-857] adopted August 8 by the Acting Chief, Cable Services Bureau) PARAGON CABLE. Stayed the local rate order adopted by the Consolidated Cable Communications Commission for Portland, Multnomah County and Linton, OR, franchise areas; ordered the refunds required by Consolidated and the subscriber fees collected during the period of stay be placed in escrow. (By Order [DA 94-861] adopted August 8 by the Acting Chief, Cable Services Bureau) WARNER CABLE COMMUNICATIONS, INC. Ordered that the stay granted by the Commission regarding the local rate order adopted by the City of Wadsworth, OH, establishing rates for Warner Cable Communications, Inc.'s basic service tier and associated equipment is extended until the earlier of a date 10 days after the release of an Order(s) by the Commission finally resolving the issues raised in the Letters of Inquiry or the resolution of the instant appeal. (By Order [DA 94-858] adopted August 8 by the Acting Chief, Cable Services Bureau) C-TEC CABLE SYSTEMS OF MICHIGAN, INC. Denied C-Tec's petition for reconsideration challenging the certification of the Township of Oakfield, MI, to regulate rates; ordered C-Tec to file required rate justifications on the applicable forms with Oakfield Township within 30 days. (By MO&O [DA 94-867] adopted August 8 by the Acting Chief, Cable Services Bureau) C-TEC CABLE SYSTEMS OF MICHIGAN, INC. Denied C-Tec's petition for reconsideration challenging the certification of the Township of Benzonia, MI, to regulate rates; ordered C-Tec to file required rate justifications on the applicable forms with Benzonia Township within 30 days. (By MO&O [DA 94-866] adopted August 8 by the Actin Chief, Cable Services Bureau) REPORT FROM THE FEDERAL COMMUNICATIONS COMMISSION TO RONALD H. BROWN, SECRETARY, U.S. DEPARTMENT OF COMMERCE, REGARDING THE PRELIMINARY SPECTRUM REALLOCATION REPORT PIONEER'S PREFERENCE RULES. See third item under: ADDENDA: News Releaes. ++++++++++++++++ CORRECTION to Digest 148: --------------------------------------------------------------------------- TEXT --------------------------------------------------------------------------- LINCOLN TELEPHONE & TELEGRAPH COMPANY. Granted Lincoln's request for a temporary waiver until December 31, 1995, of the rules requiring private payphone owners to unblock 10XXX dialing. (By Order [DA94-844] adopted August 1 by the Acting Chief, Common Carrier Bureau)