DAILY DIGEST

Vol. 16, No. 139                                              July 21,1997

**Before an entry denotes that the item is part of the FCC's implementation of the 1996 Telecom Act. While we will attempt to flag all Telecom Act-related items, this marking is unofficial and informational only.

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NEWS RELEASES

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CABLE SERVICES ACTION - CABLE SERVICES BUREAU ADOPTS DECLARATORY RULING REGARDING POLE ATTACHMENT RATES AND CONDITIONS. The Commission's Cable Services Bureau has issued a declaratory ruling regarding pole attachment rates charged by the Texas Utilities Electric Company. Action by the Chief, Cable Services Bureau, July 18, 1997, by Order (DA-1527). Report No: CS 97-19. News Media Contact: Morgan Broman (202) 418-2358. CSB Contact: Margaret Egler at (202) 418-7200.

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PUBLIC NOTICES

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Released: July 21, 1997. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - NON-DOMINANT CARRIERS - JULY 18. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Non-Dominant/nd071897.pdf

Released: July 21, 1997. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - DOMINANT CARRIERS - JULY 18. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Dominant/d071897.pdf

Report No: NCD-58. Released: July 21, 1997. COMMON CARRIER BUREAU NETWORK CHANGE NOTIFICATION - RE: NETWORK CHANGE CERTIFICATION RECEIVED. Contact: Ginny Kennedy, Network services Division at (202) 418-2328.

Report No: CS-97-53. Released: July 21, 1997. PERSONAL COMMUNICATIONS SERVICE INFORMATION - BROADBAND - MAJOR ENVIRONMENTAL ACTION. Contact: Irene Longin or Irene Griffith at (202) 418-1385. Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/pnwl7179.txt

Report No: CW-97-54. Released: July 21, 1997. PERSONAL COMMUNICATIONS SERVICE INFORMATION - BROADBAND - MAJOR ENVIRONMENTAL ACTION. Contact: Irene Longin or Irene Griffith at (202) 418-1385. Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1997/pnwl7180.txt

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TEXTS

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LORILEI COMMUNICATIONS, INC. D/B/A THE FIRM. Granted petition for leased access carriage filed by The Firm against Picayune Cablevision, Inc. Denied The Firm's request for compensatory damages and other relief. Action by Chief, Cable Services Bureau. Adopted: July 18, 1997. by MO&O. (DA No. 97-1528). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971528.txt

SCOTT E. JONES V. ARMSTRONG GROUP OF COMPANIES. Granted in part and denied in part Scott E. Jones, d/b/a Community Cable Channel's petition for relief pursuant to Section 76.975 of the Commission's rules alleging that Armstrong Group of Companies d/b/a Armstrong Cable Services failed to comply with the Commission's leased access regulations. Action by Chief, Cable Services Bureau. Adopted: July 18, 1997. by MO&O. (DA No. 97-1529). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971529.txt

EAST TEXAS CABLE. Granted United Broadcast Group II, Inc.'s, licensee of Television Broadcast Station KINZ(TV), Arlington, Texas, must-carry complaint requesting that the Commission order East Texas Cable, operator of a cable television system serving the community of Canton, Texas, to commence carriage of KINZ(TV). Action by Chief, Consumer Protection and Competition Division, Cable Services Bureau. Adopted: July 17, 1997. by MO&O. (DA No. 97-1514). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971514.txt

TCA MANAGEMENT COMPANY. Granted United Broadcast Group II, Inc.'s, licensee of Television Broadcast Station KINZ(TV), Arlington, Texas, must-carry complaint requesting that the Commission order TCA Management Company, operator of cable television systems serving various Texas communities, to commence carriage of KINZ(TV). Action by Chief, Consumer Protection and Competition Division, Cable Services Bureau. Adopted: July 17, 1997. by MO&O. (DA No. 97-1515). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971515.txt

NORTHLAND CABLE PROPERTIES ET AL. Granted United Broadcast Group II, Inc.'s licensee of Television Broadcast Station KINZ(TV), Arlington, Texas, must-carry complaint requesting that the Commission order Northland, operator of cable television systems serving various Texas Communities, to commence carriage of KINZ(TV). Action by Chief, Consumer Protection and Competiton Division, Cable Services Bureau. Adopted: July 17, 1997. by MO&O. (DA No. 97-1516). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971516.txt

WESTAR COMMUNICATIONS III. Dismissed complaints regarding the cable programming services tier rates that WestStar Communications III was charging in Bishop, California. Action by Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau. Adopted: July 17, 1997. by Order. (DA No. 97-1520). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971520.txt

NORTH TEXAS COMMUNICATIONS COMPANY. Granted United Broadcast Group II, Inc.'s, licensee of Television Broadcast Station KINIZ(TV), Arlington, Texas, must-carry complaint requesting that Commission order North Texas Communications Company, operator of cable television systems serving Muenster and Valley View, Texas, to commence carriage of KINZ(TV). Action by Chief, Consumer Protection and Competition Division, Cable Services Bureau. Adopted: July 17, 1997. by MO&O. (DA No. 97-1513). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971513.txt

MARCUS CABLE ASSOCIATES, L.P. V. TEXAS UTILITIES ELECTRIC COMPANY. Granted the pole attachment complaint and request for declaratory ruling filed by Marcus Cable Associates, L.P. against Texas Utilities Electric Company. The order terminates certain terms and conditions in all Texas Utilities Electric Company pole attachment agreements. The order also finds certain requests made by Texas Utilities Electric Company for information and additional payment from Marcus Cable Associates, L.P. to be unreasonable. The order also grants the request for confidential treatment of two agreements between Marcus Cable Associates, L.P. and two of its nonvideo customers. Action by Chief, Cable Services Bureau. Adopted: July 18, 1997. by Decl. Ruling & Order. (DA No. 97-1527). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971527.txt

SUBURBAN CABLE TV COMPANY, INC. Dismissed a complaint concerning the cable programming services tier rates charged by Suburban Cable TV Company, Inc. in Brookhaven, Pennsylvania. Found cable programming services tier rates reasonable beginning April 1, 1997. Action by Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau. Adopted: July 17, 1997. by Order. (DA No. 97-1525). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971525.txt

UNITED BROADCAST GROUP II, INC. V. NORTH TEXAS CABLECOMM, LTD. Granted petition for mandatory carriage file by United Broadcast Group II, Inc., licensee of broadcast television station KINZ(TV), on North Texas CableComm, Ltd.'s cable systems serving certain Texas communities. Action by Chief, Consumer Protection and Competition Division, Cable Services Bureau. Adopted: July 18, 1997. by MO&O. (DA No. 97-1523). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971523.txt

GRAY COMMUNICATIONS SYSTEMS, INC. Granted, subject to the outcome of the Commission's pending broadcast television ownership rule making (MM Docket Nos. 91-221 and 87-8), Gray Communications Systems, Inc.'s request for conditional waiver of the television duopoly rule, Section 73.3555(b) of the Commission's rules, to permit the common ownership by Gray Communications of television stations WJHG-TV, Panama City, Florida and WCTV(TV), Thomasville, Georgia. Action by Chief, Mass Media Bureau. Adopted: July 18, 1997. by MO&O. (DA No. 97-1521). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/da971521.txt

40 GHZ. Adopted Commission's proposal in the First NPRM in 1994 (ET Docket 94-124, RM 8308, 9FCC Rcd 7078) to designate for commercial use on a licensed basis the 47.4-48.2 GHz band, together with the 47.2-47.4 GHz band made available in the First Report and Order (ET Docket 94-124, RM 8308, 11FCC Rcd 4481 (1995)), for a total of one gigahertz of spectrum (47 GHz band). Adopted proposal for 47 GHz band that divides the band into five spectrum blocks of 200 megahertz each for licensing, with each block consisting of a pair of 100 megahertz channels separted by 500 megahertz. Dkt No.: ET- 94-124. Action by the Commission. Adopted: May 2, 1997. by 2nd R&O. (FCC No. 97-153). OET Internet URL: https://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97153.txt

ADDENDA: The following items, released July 18, 1997, did not appear in Digest No. 138:

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NEWS RELEASES

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COMMISSION DIRECTS CHANGES TO NECA'S GOVERNANCE PERMITTING NECA TO SERVE AS TEMPORARY UNIVERSAL SERVICE ADMINISTRATOR -- CC DOCKET NOS. 97-21; 96-45 (REPORT NO. CC 97-38, COMMON CARRIER ACTION). The Commission directed changes to the National Exchange Carrier Association's (NECA) governance so that NECA may serve as the temporary administrator of the universal service support mechanisms established by the Commission's Universal Service Order. These changes will assure appropriate representation in the administration of universal service funding from industry contributors and recipients as well as the intended beneficiaries of such funding. Action by the Commission on July 17, 1997, by Report and Order and Second Order on Reconsideration (FCC 97-253). News Media Contact: Rochelle Cohen (202) 418-0253. CCB Contact: Diane Law at (202) 418-7400. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1997/nrcc7053.txt

FCC SEEKS COMMENT ON UNIVERSAL SERVICE COST MODELS FOR SUPPORT TO NON-RURAL LOCAL EXCHANGE CARRIERS -- CC DOCKET NOS. 96-45; 97-160 (REPORT NO. CC 97-39, COMMON CARRIER ACTION). The Commission adopted a Further Notice of Proposed Rulemaking seeking comment on the mechanism it should use to estimate the forward-looking economic costs that non-rural local exchange carriers (LECs) would incur to provide universal service in rural, insular, and high cost areas. Action by the Commission July 18, 1997, by Further Notice of Proposed Rulemaking (FCC 97-256). News Media Contact: Rochelle Cohen (202) 418-0253. CCB Contact: Tim Peterson or Chuck Keller at (202) 418-7400. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1997/nrcc7054.txt

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PUBLIC NOTICES

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Released: July 18, 1997. COMMON CARRIER BUREAU SEEKS RECOMMENDATIONS ON COMMISSION ACTIONS CRITICAL TO THE PROMOTION OF EFFICIENT LOCAL EXCHANGE COMPETITION - CCBPOL 97-9.Recommendations due: August 4, 1997. (DA No. 97-1519). Contact: Claudia Pabo at (202) 418-1580. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971519.txt

Released: July 18, 1997. COMMON CARRIER BUREAU SEEKS COMMENTS ON GTE INTRALATA DIALING PARITY PLAN FOR IOWA - PLEADING CYCLE ESTABLISHED.Comments due July 28; replies August 4. Contact: Gregory M. Cooke at (202) 418-2351 or Renee Alexander at (202) 418-2397, both of the Network Services Division, Common Carrier Bureau.

Released: July 18, 1997. COMMON CARRIER BUREAU SEEKS COMMENTS ON ADEQUACY OF LOCAL EXCHANGE COMPANY FILINGS PURSUANT TO SECTION 51.211(C) OF THE COMMISSION'S RULES - PLEADING CYCLE ESTABLISHED.Comments due: July 28; replies August 4. Contact: Gregory M. Cooke at (202) 418-2351 or Renee Alexander at (202) 418-2397, both of the Common Carrier Bureau's Network Services Division.

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TEXTS

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CHANGES TO BOARD OF DIRECTORS OF THE NATIONAL EXCHANGE CARRIER ASSOCIATION, INC. Directed changes to the National Exchange Carrier Association (NECA)'s governmance so that NECA may serve as the temporary administrator of the universal service support mechanisms established by the Commission's Universal Service Order. Dkt No.: CC- 97-21, CC- 96-45. Action by the Commission. Adopted: July 17, 1997. by R&O ORDER on Recon. (FCC No. 97-253). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt

FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE - FORWARD-LOOKING MECHANISM FOR HIGH COST SUPPORT FOR NON-RURAL LECS. Adopted FNPRM seeking comment on the mechanism the Commission should use to estimate the forward-looking economic costs that non-rural local exchange carriers would incur to provide universal service in rural, insular, and high cost areas. Dkt No.: CC- 96-45, CC- 97-160. Action by the Commission. Adopted: July 18, 1997. by FNPRM. (FCC No. 97-256). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Notices/1997/fcc97256.txt

PETITION FOR EXPEDITED RULEMAKING TO ESTABLISH REPORTING REQUIREMENTS AND PERFORMANCE AND TECHNICAL STANDARDS FOR OPERATIONS SUPPORT SYSTEMS. Granted LCI International Telecom corp.'s motion for a five-day extension of the July 25 date for filing reply comments in the captioned proceeding; reply comments due no later than July 30, 1997. Action by Chief, Policy and Program Planning Division, Common Carrier Bureau. Adopted: July 18, 1997. by Order. (DA No. 97-1526). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/da971526.txt

AMENDMENT OF THE COMMISSION'S REGULATORY POLICIES TO ALLOW NON-U.S.-LICENSED SPACE STATIONS TO PROVIDE DOMESTIC AND INTERNATIONAL SATELLITE SERVICE IN THE UNITED STATES. Issued FNPRM seeking additional comment on a framework to allow satellites licensed by other countries to provide service in the United States; comments due August 21; replies September 5. Dkt No.: IB- 96-111, CC- 93-23. Action by the Commission. Adopted: July 16, 1997. by FNPRM. (FCC No. 97-252). IB Internet URL: https://www.fcc.gov/Bureaus/International/Notices/1997/fcc97252.txt

AMENDMENT OF PARTS 2 AND 15 OF THE COMMISSION'S RULES TO DEREGULATE THE EQUIPMENT AUTHORIZATION REQUIREMENTS FOR DIGITAL DEVICES. Denied Information Technology Industry Council's petition for reconsideration; granted Hewlett-Packard Company's petition for reconsideration; granted to an extent and denied in all other respects Intel Corporation's petition for reconsideration - all requesting the Commission reconsider certain provisions of the Report and Order (ET Docket 95-19, 11FCC Rcd (1996)) in this proceeding, in which the Commission adopted the new Declaration of Conformity procedure for authorization of personal computers and personal computer peripheals; amended Part 15 of the Commission's Rules and Regulations as specified, effective September 17, 1997. Dkt No.: ET- 95-19. Action by the Commission. Adopted: July 3, 1997. by MO&O. (FCC No. 97-240). OET Internet URL: https://www.fcc.gov/Bureaus/Engineering_Technology/Orders/1997/fcc97240.txt

IMPLEMENTATION OF SECTION 9 OF THE COMMUNICATIONS ACT - ASSESSMENT AND COLLECTION OF REGULATORY FEES FOR FISCAL YEAR 1997. Issued FNPRM proposing to modify FCC collection procedures for regulatory fees in order to help assure increased accuracy and timeliness of regulatory fee payments; comment date: 20 days after publication in the Federal Register. Dkt No.: MD- 96-186. Action by the Commission. Adopted: July 17, 1997. by FNPRM. (FCC No. 97-254). OMD Internet URL: https://www.fcc.gov/Bureaus/Miscellaneous/Notices/1997/fcc97254.txt