PUBLIC NOTICE******************************************************** 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. ***************************************************************** DA 97- 2214 Released: October 20, 1997 PLEADING CYCLE ESTABLISHED FOR PETITIONS TO WAIVE PAYPHONE CODING DIGITS REQUIR EMENTS (CC Docket No. 96-128) Comments Due: October 30, 1997 Reply Comments Due: November 6, 1997 1. On October 7, 1997, the Common Carrier Bureau granted, on its own motion, a limited waiver of five months, until March 9, 1998, to those local exchange carriers (LECs) and payphone service providers (PSPs) that cannot provide payphone-specific digits as required by the Payphone Orders. This limited waiver applied to the requirement that LECs provide payphone-specific coding digits to PSPs, and that PSPs provide coding digits from their payphones before they can receive per-call compensation from interexchange carriers (IXCs) for subscriber 800 and access code calls. The Bureau stated that an immediate waiver was necessary to begin per-call compensation on October 7, 1997, in keeping with the Commission's mandate under Section 276 of the Communications Act. The limited waiver recognized that three parties had filed petitions for waiver of the payphone-specific coding digit requirements. This Public Notice seeks comment on those waiver requests. 2. On September 30, 1997, United States Telephone Association (USTA) petitioned the Commission for a waiver of the requirement that LECs supply the requisite coding digits to PSPs by October 7, 1997. USTA requests that LECs with digital, equal-access switches be given an additional nine months to provide the technology required to supply and accommodate the coding digits; that LECs with non-equal-access switches be exempt from providing payphone identification information until their switches are replaced or upgraded for equal-access; and that LECs be permitted to use whatever technology they select for digital, equal-access switches to provide information that will permit IXCs to track payphone calls in order to compensate PSPs. 3. On September 30, 1997, the LEC ANI Coalition requested that the Commission waive the October 7, 1997 deadline, stating that LECs will be unable to supply forty percent of payphone lines with the requisite coding digits by that date. The Coalition requested that the deadline be extended until the Commission issues an order clarifying the LECs' payphone- specific coding requirements. The Coalition also requested that the Commission grant a waiver pursuant to Section 69.4(g) of our rules so LECs can establish a rate element to recover the costs of providing payphone identification digits. 4. Finally, on October 1, 1997, TDS Communications Corporation (TDS), an owner of local exchange carriers, petitioned the Commission to extend the deadline for payphone coding digits from October 7, 1997, until July 1, 1998. TDS states that it needs additional time to arrange agreements with database suppliers, and to complete transmission tests to IXCs selected by its subsidiaries. 5. In response to the Waiver Order, AT&T Corporation (AT&T) states that it cannot comply with the waiver as granted and proposes an alternative method to enable AT&T and other similarly situated IXCs to comply with the Commission's payphone compensation requirements and the Bureau's waiver order. AT&T argues that its ability to perform its obligations under the Commission's Payphone Orders is "severely prejudiced by the Bureau's waiver order" because AT&T "cannot track payphone calls on a per-call basis for the majority of payphone calls that require compensation during the waiver period." AT&T states that it currently is able to track and pay per-call compensation for dial-around operator service calls because those calls are routed from its 4ESS switches to 5ESS switches within AT&T's network. AT&T's 5ESS switches are able to interconnect with an ancillary Originating Line Number Screening database maintained by the LECs in order to identify whether the dial-around call originated from a payphone. AT&T states that it is not able, however, to track and compensate subscriber 800 calls from payphones that transmit "07" calls because it would be prohibitively expensive for those calls to be rerouted to the 5ESS switches in order to use the LIDB to determine whether they originated from payphones. 6. AT&T restates its position that carriers should not be required to pay compensation unless payphones transmit payphone specific coding digits, because carriers will not be able to block calls from such phones and cannot bill customers on a per-call basis from those phones. AT&T proposes, however, that the Commission permit carriers to use the per- phone compensation method as a means of calculating a carrier's payment obligations during the waiver period for payphones that do not deliver the necessary identification digits. AT&T also requests that the Commission require each LEC to provide the Commission and carriers with a list of the offices that currently can deliver payphone digits, and a schedule of the dates by which its other equal access end offices will be capable of delivering specific payphone identification digits. AT&T further requests that after March 9, only non-equal access offices should be exempt from the requirements the Commission previously established. 7. Ex Parte Presentations This Public Notice is a "permit-but-disclose proceeding" and subject to the "permit-but-disclose" requirements under Section 1.1206(b) of the rules, 47 C.F.R.  1.1206(b), as revised. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C.F.R. 1.1206 (b)(2), as revised. Other rules pertaining to oral and written presentations are set forth in Section 1.1206 (b), as well. 8. Comment Filing Dates Pursuant to applicable procedures set forth in Sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R.  1.415, 1.419, interested parties may file comments with the Office of the Secretary, Federal Communications Commission, Room 222, 1919 M St. N.W., Washington, D.C. 20554 on or before October 30, 1997, and reply comments on or before November 6, 1997. To file formally in this proceeding, participants must file an original and four copies of all comments, reply comments, and supporting comments. In addition, parties should file two copies of any such pleadings with the Chief, Enforcement Division, Common Carrier Bureau, Stop 1600A, Room 6008, 2025 M Street, N.W., Washington, D.C. 20554. Parties should also file one copy of any documents filed in this docket with the Commission's copy contractor, International Transcription Services, Inc., 1231 20th Street, N.W., Washington, D.C. 20036. Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center (Room 239), 1919 M Street, N.W., Washington, DC. For further information, contact Rose Crellin or Greg Lipscomb, Enforcement Division, Common Carrier Bureau, 202/418-0960. Action by the Acting Bureau Chief, Common Carrier Bureau ###