May 15, 1998 OPEN PROCEEDINGS The following is a listing of current FCC Notices of Proposed Rulemaking (NPRMs) and Notices of Inquiry (NOIs) open for public comment, except routine petitions to amend the Table of Allotments, as of January 1, 1998. This listing also includes pertinent Public Notices (PNs) announcing comment subjects and dates. For additional information, contact Martha Contee, Public Service Division at (202) 418-0260, TTY (202) 418-2555. *Asterisk indicates comment period deadline is past, but reply comment period still is open. CABLE SERVICES BUREAU PN 4/21/98; DA 98-763 Cable Services Action - Petition Filed Seeking Declaratory Ruling That Certain Covenants of a Townhouse Association are Preempted by the Commission's Over-The-Air Reception Devises Rule The Commission is seeking comments on a second Petition for Declaratory Ruling from Victor Frankfurt asking the Commission to determine whether the New Century Town Townhouse Association's (New Century) covenants and regulations restricting installation and placement of television antennas and satellite dishes are preempted by Section 1.4000 of the Commission's rules. Responses to the Petition due by May 21, 1998; replies by June 5, 1998. Contacts: Morgan Broman (News Media) at (202) 418-2358 and Eloise Gore at (202) 418-1066. TTY (202) 418-7172. CS 98-54; NPRM 4/22/98 (adopted 4/13/98); FCC 98-68 1998 Biennial Review -- Part 76 Cable Television Service Pleading and Complaint Rules The Commission is seeking comments on whether to amend Part 76 pleading and complaint process rules. Comments due June 22, 1998; reply comments due July 7, 1998. CS 98-61; NPRM 4/30/98 (adopted 4/27/98); FCC 98-79 1998 Biennial Regulatory Review Form 325 Annual Reporting Requirements of Cable Television Systems The Commission is seeking comments on whether to eliminate or modify the Form 325 Annual Reporting requirements of cable television systems. Comments due June 30, 1998; reply comments due July 15, 1998. COMMON CARRIER BUREAU CC 98-39; PN 4/1/98; DA 98-627 Commission Seeks Comment on Petition Regarding Regulatory Treatment of Affiliates of ILECS The Competitive Telecommunications Association (CompTel), the Florida Competitive Carriers Association (FCCA), and the Southeastern Competitive Carriers Associations (SECCA) are requesting that the Commission propose a rule establishing a rebuttable presumption that an ILEC affiliate that provides wireline local exchange or exchange access service within the ILEC's service area under the same or a similar brand name is a comparable carrier under section 251(h)(2), and thus is subject to the section 251(c) interconnection obligations of ILECs. Comments due May 1, 1998*; reply comments due May 18, 1998. Contact: Janice Myles at (202) 418-1577. CC 98-39 Order; 5/8/98 (adopted 5/8/98) DA 98-867 Competitive Telecommunications Association, Florida Competitive Carriers Association, and Southeastern Competitive Carriers Association Extended deadline to file reply comments until June 1, 1998. PN 4/2/98; DA 98-480 Independent Telephone and Telecommunications Alliance Files Petition for Forbearance for 2% Mid-Size Incumbent Local Exchange Companies The Commission is seeking comments on the Independent Telephone and Telecommunications Alliance's petition requesting that the FCC forbear from applying nine regulations to mid-size incumbent LECs serving less than two percent of the nation's access lines. Comments due May 4, 1998; reply comments due May 18, 1998. Contact: Andrew Mulitz, Chief, Legal Branch, Accounting and Audits Division at (202) 418-0850. PN 4/6/98; DA 98-658 Acipiter Communications, Inc. Files Application for Review of Order Denying a Waiver of Sections 36.611 of the Commission's Rules AAD 96-96 The Commission is seeking comments on Accipiter Communications Inc.'s Application for Review requesting the Commission review and reverse the decision of the Accounting and Audits Division denying Accipiter's petition for waiver of Sections 36.611 and 36.612 of the Commission's rules. Comments due May 6, 1998*; reply comments by May 21, 1998. Cont: Andrew Mulitz, Chief, Legal Branch, Accounting and Audits Division, (202) 418-0850. PN 4/6/98; DA 98-653 Bell Atlantic Establishment of New Rate Elements to Offer Enterprise Sonet Service /CPD 98-27 - Pleading Cycle Established The Commission is seeking comments on Bell Atlantic Telephone Companies' Petition for Establishment of New Rate Elements to Offer Enterprise SONET Service. Bell Atlantic requests authority to establish three new rate elements to enable it to offer its customers the transport of Switched Access Service using Enterprise SONET Service and Intellilight Customer Assurance Network Service. Comments due May 6, 1998*; reply comments due May 21,1998. Contact: Wanda M. Harris, Competitive Pricing Division at (202) 418-1530. PN 4/6/98; DA 98-657 Aliant Communications Co. Files Petition for Reconsideration of Section 32.27(C) of the Commission's Rules AAD 96-131 The Commission is seeking comments on Aliant Communications Co.'s petition for reconsideration of an Order released by the Commission on December 24, 1997, which denied Aliant's request for waiver of Section 32.27(c) of the Commission's rules. Comments due May 6, 1998*; reply comments due May 21, 1998. Contact: Andrew Mulitz, Chief, Legal Branch, Accounting and Audits Division at (202) 418-0850. PN 4/7/98; DA 98-673 Telalaska, Inc., Files Petition for Expedited Waiver of Section 36.62(A)(4) of the Commission's Rules The Commission is seeking comments on TelAlaska, Inc.'s petition for expedited waiver of Section 36.621(a)(4) of the Commission's rules. Comments due May 7, 1998*; reply comments due May 22, 1998. Contact: Andrew Mulitz, Chief, Legal Branch, Accounting and Audits Division at (202) 418-0850. CC 96-149; PN 4/9/98; DA 98-690 Pleading Cycle Established for Comments on Bellsouth Corporation Petition for Reconsideration The Commission is seeking comments on BellSouth Corporation's petition requesting that the Common Carrier Bureau reconsider certain portions of its order in the referenced docket. Comments due May 11, 1998*; reply comments due May 27, 1998. PN 4/9/98; DA 98-693 ITCS, Inc. Files Application for Review of Order Denying Petition for Waiver of Section 36.611(A) And 36.612 of the Commission's Rules The Commission is seeking comments on ITCs, Inc.'s application for review on behalf of Tri- County Telephone Association and TCT West, Inc. requesting that the Commission review and reverse an Accounting and Audits Division Order denying a waiver of Sections 36.611(a) and 36.612 of the Commission's rules. Comments due May 9, 1998*; reply comments due May 24, 1998. Contact: Legal Branch, Accounting Safeguards Division at (202) 418-0850. CC 96-45, 97-160, PN 4/15/98, DA 98-715 Common Carrier Bureau Seeks Comment on Proposals to Revise the Methodology for Determining Universal Service Support The Commission is seeking updates of proposals on record, new proposals and comments on proposals to modify the Commission's methodology for determining the appropriate level of federal universal service support that non-rural carriers will receive beginning January 1, 1999. Comment date for filing additional proposals is April 27, 1998*. Comments due May 15, 1998*; reply comments due May 29, 1998. Contact: Chuck Keller at (202) 418-7380. PN 4/17/98; DA 98-743 Connecticut Department of Public Utility Control Files Petition for Rulemaking (RM No. 9258) The Commission is seeking comment on whether the Commission should initiate a rulemaking on the issues raised in the Connecticut Department of Public Utility Control's Petition for Rulemaking requesting that the Commission amend its rule prohibiting technology-specific or service-specific area code overlays. In particular, the Commission is seeking comments on what circumstances, if any, have changed since the Commission originally prohibited technology- specific or service-specific area code overlays that would warrant a change in the rule. Comments due May 7, 1998*; reply comments due May 18, 1998. Contact: Erin Duffy at (202) 418-2320. CC 98-56; NPRM 4/17/98 (adopted 4/16/98); FCC 98-72 Performance Measurements and Reporting Requirements for Operations Support Systems, Interconnection, and Operator Services and Directory Assistance The Commission proposed a set of model rules to gauge whether new providers of local telephone service are able to access certain services and functions of incumbent local telephone companies in a manner consistent with the Telecommunications Act of 1996. Comments due June 1, 1998; reply comments due June 22, 1998. PN 4/24/98; DA 98-796 US West Petitions for Waiver or Alternative Relief to Permit Adjustment to Access Charge Tariff - Pleading Cycle Established The Commission is seeking comment on US West Communications, Inc.'s Petition for Waiver or Alternative Relief to permit an adjustment to its access charge tariff to reflect certain on-time costs arising out of the restructuring of the access charge regime. Comments due May 26, 1998; reply comments due June 10, 1998. Contact: Yvonne Hawkins, Competitive Pricing Division at (202) 418-1530. PN 4/24/98; DA 98-580 Common Carrier Bureau Seeks Comment on Program To Monitor Impact of Universal Service Support Mechanisms - CC Docket No. 96-45 The Commission is seeking comment, particularly from those states, industry participants, and other members of the public not actively involved in CC Docket No. 96-45, on a proposed program to monitor the universal service support mechanisms. Comments due May 26, 1998; reply comments due June 10, 1998. Contacts: Alex Belinfante at (202) 418-0944 or Scott Bergmann at (202) 418-7102, Industry Analysis Division CC 96-115; PN 5/1/98; DA 98-836 Pleading Cycle Established for Comments on Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Information Request for Deferral and Clarification. The Commission is seeking comments on the requests of the Cellular Telecommunications Industry Association and GTE Service Corporation regarding the effective date for new rules governing the use of customer proprietary network information . Comments due May 8, 1998;* reply comments due May 13, 1998*. Contact: Janice Myles, Policy and Program Planning Division at (202) 418-1577. CC 96-115; PN 5/4/98; DA 98-864 Extension of Comment Cycle Telecommunications Carriers' Use of Customer Proprietary Information and Other Customer Information - CC Docket No. 96-115 The Commission is extending the comment period in its Further Notice of Proposed Rulemaking which addressed the telecommunications carriers' use of customer proprietary information and other customer information. Comments due June 8, 1998; reply comments due June 23, 1998. PN 5/4/98; DA 98-845 Commission Seeks Comment on Specific Questions Related to Assessment of Presubscribed Interexchange Carrier Charges on Public Payphone Lines - CPD No. 98-34 The Commission is seeking comment on letters identified, as well as specific questions regarding the FCC's Access Charge Reform Order's Presubscribed Interexchange Carrier Charge. Comments due May 26, 1998; reply comments due June 2, 1998. Contact: Yvonne Hawkins at (202) 418-1520. CC 96-45, 97-160; PN 5/4/98; DA 98-848 Common Carrier Bureau Requests Further Comment on Selected Issues Regarding the Forward-Looking Economic Cost Mechanism for Universal Service Support. The Commission is seeking to augment the record on issues relating to creation of federal forward-looking economic cost mechanism, including appropriate input values for that mechanism and level of the revenue benchmark. Comments due May 26, 1998; reply comments June 9, 1998. Contact: Brad Wimmer, Accounting Policy Division, (202) 418-7400. CC 98-62; PN 5/5/98; DA 98-849 Pleading Cycle Established for comments on Sprint's Petition for Declaratory Ruling Regarding Ameritech RFP Practices - CC Docket No. 98-62 The Commission is seeking comments on Sprint Communications Company, L.P.'s April 28, petition for a declaratory ruling that certain conduct by Ameritech regarding its recently issued Request for Proposal seeking bids from providers of interLATA services for the stated purpose "to team with Ameritech" violates the interLATA restriction of section 271 and the equal access and nondiscrimination obligations of section 251(g) of the Communications Act. Comments due June 4, 1998; reply comments due June 19, 1998. All pleadings should reference Docket No. 98- 00. Contact: Janice Myles, Policy and Program Planning Division at (202) 418-1577. CC 96-45; PN 5/6/98; DA 98-724 AMSC Subsidiary Corporation Request For Waiver - correction - CC Docket No. 96-45 The Commission is seeking comment on AMSC Subsidiary Corporation's Request for Waiver regarding the Commission's direction that carriers that provide interstate service calculate their universal service contributions by multiplying end-user telecommunications revenues by the universal service percentage announced by the Commission or Administrator. Comments due May 20, 1998; reply comments due May 27, 1998. Contact; Linda P. Armstrong, Accounting Policy Division at (202) 418-7400. CC 96-45; PN 5/8/98; DA 98-865 Petitions for Waiver of Section 54.703 filed by: Gateway USA Holding Company, Inc., Cosmos Telecom Marketing, Inc., Sitel, Inc., Microdevices Worldwide, Inc., Startec Global Communications Corporation - CC Docket No. 96-45 The Commission is seeking comments on various carriers' petitions seeking exclusion from individual Universal Service contribution bases, revenues derived from providing services that originate in foreign points and terminate in the United States. Comments also requested on Startec Global Communications Corporation's petition requesting complete exemption from the contribution requirement. Comments due May 22, 1998; replies due May 29, 1998. Contact: Linda P. Armstrong, Accounting Policy Division at (202) 418-7400. CC 91-141; PN 5/8/98; DA 98-839 Common Carrier Bureau Seeks Comment on Local Competition Survey CC Docket No. 91- 141 The Commission is seeking comment on how the FCC can collect sufficient information to achieve the regulatory flexibility, pro-competition, and universal service objectives of the Telecommunications Act of 1996. Comments due June 7, 1998; reply comments due June 22, 1998. Contacts; Ellen Burton or Jim Zolnierek, Industry Analysis Division at(202) 418-0940. INTERNATIONAL BUREAU PN 3/27/98; DA 98-592 Pleading Cycle Established for Comments on the Telecommunications Resellers Association Petition for Rulemaking Regarding the Commission's International Callback Policy The Commission is seeking comments to the Telecommunications Resellers Association's Petition to eliminate the Commission's policy prohibiting U.S. carriers from offering one form of international callback to countries that have expressly prohibited callback within their territory. Comments due May 1, 1998*; replies due May 22, 1998. Contacts: Adam Krinsky or Jeanne Gellman, Telecommunications Division at (202) 418-1470. PN 5/4/98; DA 98-842 The FCC's Advisory Committee for the 1999 World Radiocommunication Conference Proposes Preliminary Views on WRC-99 Issues The WRC-99 Advisory Committee is assisting the Commission in the development of proposals for the 1999 World Radiocommunication Conference (WRC-99). The Advisory committee proposed preliminary views on several issues that are to be addressed at WRC-99. The Committee is requesting comments on these preliminary views. Comments due May 15, 1998. WRC-99 Advisory Committee Contacts: Damon C. Ladson or Maureen C. McLaughlin at (202) 418-0420. MASS MEDIA BUREAU MM 97-247; Order 2/24/98 (adopted 2/23/98); DA 98-354 Fees for Ancillary or Supplementary Use of Digital Television Spectrum Pursuant to Section 336(E)(1) of the Telecommunications Act of 1996 The Commission granted Extension of Time for filing Comments to a Notice of Proposed Rulemaking regarding the assessment of fees for the use of digital television bitstream for the provision of ancillary or supplementary services. Comments due May 4, 1998*; replies due June 2, 1998. Order Extending Time 3/5/98 (adopted 3/5/98); DA 98-437 Microstation Radio Broadcast Service Petition for Rulemaking Granted an extension of time to file comments and replies in the proceeding regarding a proposal to establish an affordable microstation radio broadcast service that will provide additional outlets of broadcast information, services and entertainment. The Commission extended comment dates in this proceeding. Comments due April 27, 1998*; reply comments due May 26, 1998. MM 98-35; NOI 3/16/98 (adopted 3/12/98); FCC 98-37 1998 Biennial Regulatory Review -- Review of The Commission's Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996 The Commission issued a Notice of Inquiry to solicit comments on issues pertinent to the Commission's review of its broadcast ownership and other rules. The Notice of Inquiry is the first step in a biennial ownership review of rules as required by Section 202 (h) of the Telecommunications Act of 1996. Comments due May 22, 1998; replies due June 22, 1998. MM 98-35, Order 5/7/98 (adopted 5/7/98); DA 98-854 Granted motion for Extension of Time of Comment and Reply comment Deadlines filed by the National Association of Broadcasters; time for filing comments extended until July 21, 1998; reply comments extended until August 21, 1997 WIRELESS TELECOMMUNICATIONS BUREAU WT 97-207; PN 3/9/98; DA 98-468 Petition for Expedited Consideration Filed The Commission is seeking comment on a "Petition for Expedited Consideration of the Cellular Telecommunications Industry Association" in the Matter of Calling Party Pays Service Option in the Commercial Mobile Radio Service. Comments due May 8, 1998*; reply comments due June 8, 1998. Contact: Dr. Joseph Levin or David Siehl, Policy Division at (202) 418-1310. PN 4/16/98; DA 98-731 Wireless Telecommunications Bureau Seeks Comment on Requests for Waiver of Incumbent LEC/Cable Eligibility Restrictions - Comment Also Sought on Letter from the United States Telephone Association To assist the Wireless Telecommunications Bureau in making recommendations to the Commission, the Bureau is seeking comment on a letter submitted by the United States Telephone Association and waiver requests submitted by various winning bidders in the FCC's Local Multipoint Distribution Service (LMDS) auction regarding LMDS eligibility restrictions for incumbent LECs and cable companies. Comments due May 18, 1998; reply comments due June 2, 1998. Contact: Christina Clearwater, Auctions & Industry Analysis Division at (202) 418- 0660. CC 97-213; PN 4/20/98; DA 98-762 In the Matter of Communications Assistance for Law Enforcement Act - CC Docket No. 97-213 The Commission is seeking comments on the petitions of the Communications Assistance for Law Enforcement Act (CLEA or "the Act"), the Federal Bureau of Investigation and U.S. Department of Justice, the Telecommunications Industry Association, the Cellular Telecommunications Industry Association, AT&T Wireless Services Inc., Lucent Technologies Inc., and Ericsson Inc. regarding the CLEA passed by Congress and signed by the President in October 1994. The Act was designed to respond to rapid advances in telecommunications technology and enable law enforcement personnel to continue to conduct electronic surveillance efficiently and effectively. Comments due May 20, 1998; reply comments due June 5, 1998. Contact: David Wye at (202) 418-1897; OET Contact: Lawrence Petak at (202) 418-2478. WT 96-198; NPRM 4/20/98 (adopted 4/2/98); FCC 98-55 Implementation of Section 255 of the Telecommunications Act of 1996 - Access to Telecommunications Services, Telecommunications Equipment, and Customer Premises Equipment by Persons with Disabilities The Commission set forth proposals and sought comment on proposals to implement and enforce the requirement of Section 255 that telecommunications offerings be accessible to the extent readily achievable to the 54 million Americans with disabilities. Comments due June 30, 1998; reply comments due August 14, 1998. PN 4/23/98; Report No. LB-98-37 Wireless Telecommunications Bureau Commercial Wireless Division 360 Degrees and ALLTEL Corporation 360 Degrees Communications Company's and ALLTEL Corporation's request for FCC Consent to transfer of control pleading cycle established. Comments due May 29, 1998; reply comments due June 11, 1998. Contacts: James Loughry or Elizabeth Williams at (202) 418-7240; Point- to-Point Microwave Service Contact: Tracy Simmons at (717) 338-2657. PN 4/28/98; DA 98-808 FCC Seeks Comment on Southern Company Request for Waiver of the construction and Operation Requirements for Business And Industrial/Land Transportation Channels The Commission is seeking comment on Southern Company's Request for Waiver of Section 90.629 of the Commission's Rules to further extend the extended implementation period for its Business and Industrial Land Transportation Category channels that Southern has converted to commercial use. Comments due May 28, 1998; reply comments June 12, 1998. Contact: Scott Stone, Public Safety and Private Wireless Division at (202) 418-0680. WT 98-20, Order 5/4/98 (adopted 5/4/98); DA 98-827 Biennial Regulatory Review - Amendments of the Commission's rules to Facilitate the Development and Use of the Universal Licensing System in the Wireless Telecommunications Services The Commission granted the Federal Communications Bar Association's Motion for an Extension of Time to file rulemaking comments concerning the ULS NPRM (WT Docket No. 98-20, FCC 98-25, April 7, 1998); deadline for filing comments extended to May 22, 1998; reply comments deadline extended to June 8, 1998. On own motion, waived the Commission's requirement for all pleadings in this docket to be filed on paper.