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                                                 ftp.fcc.govPUBLIC NOTICE
                                                                         
                                        Federal Communications Commission
                                                       445 12th St., S.W.
                                                   Washington, D.C. 20554
                                                                         
                                                                         
                                                              DA 99-2253 
Released:  October 20, 1999

   FCC ANNOUNCES EX PARTE STATUS OF BENCHMARK ENFORCEMENT PROCEEDINGS

              The International Bureau announces today the ex parte status of proceedings involving petitions to
       enforce the Commission's benchmarks policy announced in International Settlement Rates, IB
       Docket No. 96-261, Report and Order, 12 FCC Rcd 19,806 (1997) (Benchmarks Order).  The
       Commission set forth a carrier-initiated enforcement process in paragraphs 185-190 of the
       Benchmarks Order in which U.S. carriers may file a petition with the Office of the Secretary that:
       
                                (1) Demonstrates that the U.S. carrier has been unable to negotiate a settlement rate with
                 its foreign correspondent that complies with the rules and policies the Commission
                 adopted in the Benchmarks Order; and 
                                (2) Requests enforcement measures be taken to ensure that no U.S. carrier pays the
                 foreign correspondent an amount exceeding the lawful settlement rate benchmark.
              
              The Commission further required that the petitioning carrier serve the foreign correspondent with a
       copy of the petition and a copy of the procedural rules governing replies to the petition.  Moreover,
       the Commission set forth a pleading cycle of thirty-five (35) days from the date we place the petition
       on Public Notice for interested parties to file comments or oppositions to the petition, and an
       additional ten (10) days for replies to any comments or oppositions.

              In this Public Notice, we set forth the rules governing ex parte communications in proceedings
       involving petitions to enforce the Commission's benchmarks policy.  Because of the policy
       implications and potential impact of such proceedings on persons not parties to the proceedings, we
       believe it would be in the public interest to treat these cases as permit-but-disclose proceedings under
       the ex parte rules.  See sections 1.1200(a) and 1.1206 of the Commission's rules, 47 C.F.R. 
       1.1200(a) and 1.1206.  Therefore, any ex parte presentations that are made with respect to these
       proceedings must be disclosed in accordance with the requirements of section 1.1206(b) of the
       Commission's rules, 47. C.F.R. 1.1206(b). 

              For additional information about the ex parte designation of these proceedings, please contact Lisa
       Choi or Jackie Ruff, Telecommunications Division, International Bureau, (202) 418-1460.