DAILY DIGEST

Vol. 16, No. 144                                              July 28,1997

**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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FCC FILINGS. OPA. Internet URL: https://www.fcc.gov/filing.html

FCC CALENDAR OF EVENTS. OPA. Internet URL: https://www.fcc.gov/calendar.html

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PUBLIC NOTICES

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Released: July 28, 1997. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS.

Released: July 28, 1997. TARIFF TRASMITTAL PUBLIC REFERENCE LOG - DOMINANT CARRIERS - JULY 25. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Dominant/d072597.pdf

Released: July 28, 1997. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - NON-DOMINANT CARRIERS - JULY 25. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Non-Dominant/nd072597.pdf

Released: July 28, 1997. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG INFORMATIONAL TARIFFS - OPERATOR SERVICE PROVIDERS - JULY 25.

Released: July 28, 1997. U.S.-CANADA FM AGREEMENT MODIFIED TO PERMIT ADDED FLEXIBILITY FOR FM TRANSLATORS. (DA No. 97-1595). Contact: Jimmy G. Ballis, Planning and Negotiations Divison of the International Bureau at (202) 418-2150 or James Bradshaw, Audio Services Division of the Mass Media Bureau at (202) 418-2740. Internet URL: https://www.fcc.gov/Bureaus/International/Public_Notices/1997/da971595.txt

Report No: 44042. Released: July 28, 1997. BROADCAST ACTIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac970728.txt

Report No: 24042. Released: July 28, 1997. BROADCAST APPLICATIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap970728.txt

Report No: 2213. Released: July 28, 1997. OFFICE OF PUBLIC AFFAIRS REFERENCE OPERATIONS DIVISION PETITIONS FOR RULEMAKING FILED.

Report No: CW-97-55. Released: July 28, 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/pnwl7185.txt

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TEXTS

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THE COMMISSION'S FORFEITURE POLICY STATEMENT AND AMENDMENT OF SECTION 1.80 OF THE RULES TO INCORPORATE THE FORFEITURE GUIDELINES. Adopted an amendment to Section 1.80 of the Commission's Rules to add a note to this rule that incorporates guidelines for assessing forfeitures; adopted, with revisions, the Forfeiture Policy Statement and guidelines that were vacated by the court's decision in United States Telephone Association v. FCC, 28 F.3d 1232 (D.C. Cir. 1994) (USTA). Dkt No.: CI- 95-6. Action by the Commission. Adopted: June 19, 1997. by R&O. (FCC No. 97-218). CIB Internet URLs: https://www.fcc.gov/Bureaus/Compliance/Orders/1997/fcc97218.doc
https://www.fcc.gov/Bureaus/Compliance/Orders/1997/fcc97218.pdf
https://www.fcc.gov/Bureaus/Compliance/Orders/1997/fcc97218.txt

CENTURY COMMUNICATIONS D/B/A PULLMAN TV CABLE CO., INC. Denied complaint filed against the rates charged for cable programming services in the City of Moscow, ID. Action by Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau. Adopted: July 24, 1997. by Order. (DA No. 97-1584). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971584.txt

DYNAMIC CABLEVISION OF FLORIDA D/B/A CONTINENTAL CABLEVISION (1 OF 4). Denied a complaint concerning a January 1, 1997 cable programming services tier rate charged by Dynamic Cablevision of Florida d/b/a Continental Cablevision in Miami Springs, Florida. Action by Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau. Adopted: July 22, 1997. by Order. (DA No. 97-1579). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971579.txt

DYNAMIC CABLEVISION OF FLORIDA D/B/A CONTINENTAL CABLEVISION (2 OF 4). Denied a complaint concerning the January 1, 1997 cable programming services tier rate charged by Dynamic Cablevision of Florida d/b/a Continental Cablevision of Coral Gables, Florida. Action by Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau. Adopted: July 22, 1997. by Order. (DA No. 97-1580). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971580.txt

DYNAMIC CABLEVISION OF FLORIDA D/B/A CONTINENTAL CABLEVISION (3 OF 4). Denied a complaint concerning a January 1, 1997 cable programming services tier rate charged by Dynamic Cablevision d/b/a Continental Cablevision in Unincorp. Dade County, Florida. Action by Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau. Adopted: July 22, 1997. by Order. (DA No. 97-1581). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971581.txt

DYNAMIC CABLEVISION OF FLORIDA D/B/A CONTINENTAL CABLEVISION (4 OF 4). Denied a complaint concerning a January 1, 1997 cable programming services tier rate charged by Dynamic Cablevision of Florida d/b/a Continental Cablevision in Hialeah, Florida. Action by Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau. Adopted: July 22, 1997. by Order. (DA No. 97-1582). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da971582.txt

BEE-LINE TELECOM CORPORATION. Granted Bee-Line Telecom Corporation's application for authority to operate as an international resale carrier. Action by Chief, Telecommunications Division, International Bureau. Adopted: July 25, 1997. by Order, Auth. & Cert. (DA No. 97-1589). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1997/da971589.txt

CHAUTAUQUA & ERIE COMMUNICATIONS, INC. Granted Chautauqua & Erie Communications, Inc.'s application to transfer indirect control of Chautauqua & Erie to MJD Holdings Corp. Action by Chief, Telecommunications Division, International Bureau. Adopted: July 18, 1997. by MO&O & Auth. (DA No. 97-1575). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1997/da971575.txt

ADDENDA: The following items, released July 25, 1997, did not appear in Digest No. 143:

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PUBLIC NOTICES

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Released: July 25, 1997. NYNEX SEEKS A STAY OF THE COMMISSION'S DECISION IN THE ACCESS CHARGE REFORM ORDER - PLEADING SCHEDULE ESTABLISHED - CCB/CPD 97-36.Comments due August 8; replies August 15. (DA No. 97-1597). Contact: David Hunt or Wanda M. Harris, Competitve Pricing Division, Common Carrier Bureau at (202) 418-1530.

Report No: TEL-95-A. Released: July 25, 1997. STREAMLINED INTERNATIONAL SECTION 214 APPLICATIONS ACCEPTED FOR FILING (FORMAL SECTION 63.18). Internet URL: https://www.fcc.gov/Bureaus/International/Public_Notices/1997/pnin7154.txt

Released: July 25, 1997. MCLEODUSA INCORPORATED AND CONSOLIDATED COMMUNICATIONS, INC. SEEK FCC CONSENT FOR PROPOSED TRANSFER OF CONTROL AND ASSIGNMENT OF LICENSES.Comments due August 25. (DA No. 97-1590). Dkt No.: IB- 97-167. Contact: John Giusti, Telecommunications Division, International Bureau at (202) 418-1470.

Report No: CL-97-72. Released: July 25, 1997. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL RADIO SERVICE INFORMATION.

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TEXTS

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SOUTHWESTERN BELL TELEPHONE COMPANY TARIFF F.C.C. NO. 73 (1 OF 2). Granted in part and denied in part Southwestern Bell Telephone Company's Request for Confidential Treatment of cost data in support of Transmittal No. 2647, which would provide an interface processor router service to Missouri Research and Education Network/State; such data will be made available subject to a protective order, as described. Action by Chief, Competitive Pricing Division, Common Carrier Bureau. Adopted: July 25, 1997. by Order. (DA No. 97-1587). CCB

SOUTHWESTERN BELL TELEPHONE COMPANY TARIFF F.C.C. NO. 73 (2 OF 2). Granted in part and denied in part Southwestern Bell Telephone Company's request for confidential treatment of cost data filed in support of Transmittal No. 2649, which would provide an additional node and OC3C to a dedicated, non-shared private network; such data will be made publicly available subject to a protective order as described. Action by Chief, Competitive Pricing Division, Common Carrier Bureau. Adopted: July 25, 1997. by Order. (DA No. 97-1588). CCB

SCHEDULE FOR PLEADINGS TO BE SUBMITTED IN RESPONSE TO COMPLIANCE FILINGS. Ordered that the schedule for pleadings to be submitted in response to the tariff revisions required by the Physical Collocation Tariff Investigation Order is modified as specified and the schedule for pleadings to be submitted in response to the refund plans required by the Physical Collocation Tariff Investigation Order is adopted as specified herein. Dkt No.: CC- 93-162. Action by Chief, Competitive Pricing Division, Common Carrier Bureau. Adopted: July 25, 1997. by Order. (DA No. 97-1586). CCB

ALLNET COMMUNICATION SERVICES, INC. V. U.S. WEST, INC. Granted parties joint motion to dismiss with prejudice a complaint concerning a late payment interest charge issue. Action by Chief, Formal Complaints & Investigations Branch, Enforcement Division, Common Carrier Bureau. Adopted: July 24, 1997. by Order. (DA No. 97-1577). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/da971577.txt

LOCAL EXCHANGE CARRIERS' RATES, TERMS, AND CONDITIONS FOR EXPANDED INTERCONNECTION THROUGH PHYSICAL COLLOCATION FOR SPECIAL ACCESS AND SWITCHED TRANSPORT. Granted, to the extent indicated, U S West Communications, Inc.'s request for extension of time to August 1, 1997, to make compliance filing pursuant to the requirements of the Physical Collocation Tariff Investigation Order; granted in part and denied in part to the extent indicated, Pacific Bell's request for extension of time to August 21, 1997, for the first filing and September 11, 1997, for the second. Dkt No.: CC- 93-162. Action by Chief, Competitive Pricing Division, Common Carrier Bureau. Adopted: July 25, 1997. by Order. (DA No. 97-1596). CCB

ALBANY, GA. Found that a prima facie case of violation of the LUC requirements of Section 315(b)(1) of the Communications Act had been established by Zell Miller and Guy Millner ("Complainants") in connection with advertising aired on WALB-TV, Albany Georgia, on their behalf during the sixty days preceding the November 8, 1994, general election; ordered parties to follow procedures and timetable for discovery, post-discovery, and election of a complaint resolution procedure established herein. Dismissed in their entirety Complainants claims against WALB-TV as to the 1994 primary and runoff elections, finding that Complainants failed to establish a prima facie case of an LUC violation by WALB-TV during the period before the July 19, 1994, and the August 9, 1994, runoff election. Action by Chief, Mass Media Bureau. Adopted: July 24, 1997. by Order. (DA No. 97-1591). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/da971591.txt

COMMISSION'S RULES REGARDING THE MAIN STUDIO AND LOCAL PUBLIC INSPECTION FILES OF BROADCAST TELEVISION AND RADIO STATIONS. Denied Edgewood Senior High School Student Council's request for extension of time for filing comments in proceeding. Dkt No.: MM- 97-138. Action by Chief, Mass Media Bureau. Adopted: July 24, 1997. by Order. (DA No. 97-1576). MMB

ZHEN FANG FU. Dismissed as moot RAM Technologies, Inc.'s Petition to Deny Zhen Fang Fu's application for new facilities in the Paging and Radiotelephone Service on the 454.400 MHz Channel at Lexington, KY. Action by Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: July 25, 1997. by Order. (DA No. 97-1594). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1997/da971594.txt

MOUNTAINEER PAGING. Dismissed as moot Petition for Reconsideration filed by Mountaineer Paging on June 9, 1993 re: dismissal of its application for permit and license for Call Sign KNKL577 to operate on 454.525 MHz at Moundsville, WV. Action by Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: July 25, 1997. by Order. (DA No. 97-1592). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1997/da971592.txt

COMMUNITRONICS, INC. Dismissed as moot Gulf Telephone Company's petition to dismiss Communitronics, Inc.'s application to provide service on the 152.63 MHz frequency. Action by Chief, Commercial Wireless Division, Wireless Telecommunications Bureau. Adopted: July 25, 1997. by Order. (DA No. 97-1593). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1997/da971593.txt

ADDENDA: The following items, released June 30, 1997, did not appear in Digest No. 125:

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PUBLIC NOTICES

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Report No: 44023. Released: June 30, 1997. BROADCAST ACTIONS.

Report No: 24023. Released: June 30, 1997. BROADCAST APPLICATIONS.