********************* ********************* ************** NOTICE ********************* ********************* ************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ********************* ********************* ********************* ** PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-1926 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: September 5, 1997 IT&E Overseas, Inc., Files Application for Review of Micronesian Telecommunications Corporation CCB/CPD 97-45 Pleading Cycle Established COMMENTS: September 22, 1997 REPLY COMMENTS: September 30, 1997 On September 2, 1997, IT&E Overseas, Inc., (IT&E) filed an Application for Review of the decision of the Common Carrier Bureau to deny IT&E's petition to reject, or alternatively, to suspend and investigates the revisions proposed by Micronesian Telecommunications Corporation (MTC) to its Tariff FCC No. 1 through Transmittal No. 133, which became effective on August 1, 1997. According to IT&E, the Common Carrier Bureau exceeded its authority when it concluded that IT&E's Petition failed to present compelling arguments that MTC's tariff revisions were so patently unlawful as to require rejection. IT&E stated in its petition that MTC failed to provide relevant cost support materials as required under Section 61.49 of the FCC's rules, 47 C.F.R.  61.49. IT&E stated that, in the absence of such cost support materials, it was impossible to determine with certainty whether MTC's revised rates have been established in compliance with the FCC's price cap requirements as set forth in Sections 61.41 through 61.49 of the FCC's rules, 47 C.F.R.  61.41 - 61.49. IT&E contended that MTC's apparent below-cost rates offered compelling evidence that MTC failed to impute access charges to itself, is engaging in predatory pricing, unreasonably discriminates against its competitors, and is engaging in improper cross-subsidization, in violation of Sections 201(b), 202(a), and 254(k) of the Act, 47 U.S.C.  201(b), 202(a), 254(k), as well as the Commission's cost allocation rules. Interested parties may file comments no later than September 22, 1997. Reply comments must be filed no later than September 30, 1997. When filing comments or replies, please reference the internal file number: CCB/CPD 97-45 An original and four copies of all comments and replies must be filed in accordance with Section 1.51(c) of the Commission's Rules, 47 C.F.R.  1.15(c). In addition, a copy of each pleading must be filed with International Transcription Services (ITS), the Commission's duplicating contractor, at its office at 2100 M Street, N.W., Suite 140, Washington, D.C. 20037 and one copy with the Chief, Competitive Pricing Division, Room 518, 1919 M Street, N.W., Washington, D.C. 20554. For further information, contact Judith Nitsche, Competitive Pricing Division, Common Carrier Bureau at (202) 418-1540. -FCC-