DA 95-344 PLEADING CYCLE ESTABLISHED ON NCTA'S PETITION FOR RECONSIDERATION, CLARIFICATION AND INVESTIGATION OF US WEST'S AUTHORIZATION FOR VIDEO DIALTONE TRIAL OMAHA, NEBRASKA W-P-C- 6868 Released: February 23, 1995 On February 6, 1995, the National Cable Television Association (NCTA) petitioned the Commission for reconsideration of the Commission's Order and Authorization granting US West's request to modify its video dialtone trial (Order and Authorization, FCC 94-350, released January 6, 1995). NCTA argues that US West has arranged to limit the offering of capacity to particular programmers prior to the filing of a tariff. NCTA states that it is seeking assurances from the Commission that the tariff review process will be used to ensure that US West is providing nondiscriminatory access to the video dialtone platform. NCTA requests that the Commission direct US West to clarify that it will file a tariff for its Omaha trial that will establish an open enrollment period and process during which programmers may request capacity pursuant to the tariff. In addition, NCTA asks the Commission to investigate reported action of US West. Specifically, NCTA argues that US West's allocation plan may violate the nondiscrimination requirement in the Communications Act and the terms of the Commission's authorization. Oppositions to this Petition must be filed by March 6, 1995, and Replies to an Opposition must be filed by March 15, 1995. Interested parties should file an original and four copies with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554. A copy should also be sent to Peggy Reitzel, Common Carrier Bureau, FCC, Room 544, 1919 M Street, N.W., Washington, D.C., to the Commission's contractor for public service records duplication, ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, and to the FCC Public Reference Room, 6th Floor, 2025 M Street, N.W., Washington, D.C. 20554. Copies of the Petition can be obtained from ITS at (202)857-3800. The Petition also is available for review and photocopying at the FCC Public Reference Room from 8:30-12:30 and 1:30-3:00, Monday through Thursday. We will treat this proceeding as non-restricted for purposes of the Commission's ex parte rules. See generally, 47 C.F.R. 1.1200-1.1216. For further information contact Peggy Reitzel, Policy and Program Planning Division of the Common Carrier Bureau, at (202) 418-1579. Federal Communications Commission