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     DA 97-1398 

      Released: July 2, 1997


     PLEADING CYCLE ESTABLISHED FOR COMMENT ON APPLICATIONS FOR
            REVIEW OF ORDERS IN THE PAYPHONE PROCEEDING
                                  
                       (CC Docket No. 96-128)


     Comments Due:August 1, 1997 
  Reply Comments Due: August 15, 1997

     On May 5, 1997, Excel Telecommunications, Inc. (Excel) and Telco Communications
Group, Inc. (Telco) filed applications for review of the Common Carrier Bureau's (Bureau) April
4, 1997 Order, which clarifies and provides a limited waiver of the local exchange carrier (LEC)
payphone service tariffing and unbundling requirements of the Commission's Payphone Orders
that implement Section 276 of the Communications Act.  Excel and Telco contend that the April
4, 1997 Order violates the Commission's Payphone Orders, because it provides a waiver that
allows LECs to receive flat rate interim compensation from interexchange carriers beginning on
April 15, 1997, even though the LECs did not file federal tariffs by April 15, 1997, pursuant to
the Payphone Orders.  Excel and Telco request that the Commission reverse the April 4, 1997
Order and prohibit the LECs from receiving interim compensation until their federal tariffs are
filed and effective.

     On May 15, 1997, Excel and Telco filed applications for review of the Bureau's April 15,
1997 Order, which clarifies and provides a limited waiver of the intrastate tariffing requirements
established in the Payphone Orders for LEC payphone services.  They request that the
Commission reverse the April 15, 1997 Order, because it provides a waiver that allows the LECs
to receive interim compensation beginning April 15, 1997, even though they did not file certain
intrastate payphone tariffs that meet the new services test by that date, pursuant to the Payphone
Orders.  Excel and Telco argue that providing such a waiver does not conform with the
Commission's intent in the Payphone Orders.   

     Interested parties should file an original and four copies of comments on the  applications
for review by August 1, 1997, and reply comments by August 15, 1997, with the Secretary,
Federal Communications Commission, Room 222, 1919 M Street, N.W., Washington, D.C.
20554.  In addition, one copy should be sent to Chief, Enforcement Division, Common Carrier
Bureau, Mail Stop 1600A, Room 6008, 2025 M Street, N.W., Washington, D.C. 20554, and one
copy should be sent to the Commission's contractor for public service records duplication,
International Transcription Service, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington,
D.C. 20037.  The applications for review will be available for public inspection during regular
business hours in the FCC Reference Room, Room 239, Federal Communications Commission,
 1919 M Street, N.W., Washington, D.C. 20554, or through ITS at 202/857-3800.

     This proceeding will be treated as a non-restricted notice and comment proceeding.  Ex
parte presentations are permitted, except during the Sunshine Agenda period, provided that they
are disclosed as provided in the Commission's rules.

     For further information, contact Rose Crellin or Michael Carowitz, Enforcement Division,
Common Carrier Bureau, 202/418-0960.
     
                              -- FCC --