PUBLIC NOTICE DA 97-2735 
  
              Released:   December 31, 1997

PLEADING CYCLE ESTABLISHED FOR PETITION TO WAIVE
PAYPHONE PER-CALL COMPEN   SATION OBLIGATIONS 

                        (CC Docket No. 96-128)
             
Comments Due: January 15, 1998               
Reply Comments Due: January 22, 1998   
  

  1.                                On December 15, 1997, AirTouch Paging (AirTouch) filed a petition for a limited waiver,
pursuant to Section 1.3 of the Commission's rules, of its payment obligations to pay any payphone service
providers (PSPs) on a per-call basis from October 7, 1997 until those PSPs provide payphone-specific
coding digits and AirTouch is able to selectively block calls from payphones operated by that PSP. 
AirTouch claims that because of the Coding Digit Waiver Order
and other circumstances, AirTouch will not receive coding digits and will not be able to block calls
coming specifically from payphones.  AirTouch states that it will suffer substantial harm if it must pay
compensation on a per-call basis without the ability to block calls selectively, because PSPs will have no
incentive to negotiate rates and AirTouch's liability will be unlimited for calls from payphones.      
  
  2.                                We will treat this proceeding as permit-but-disclose for purposes of the Commission's ex
parte rules.  See generally, 47 C.F.R.  1.1200-1.216.  Permit-but disclose proceedings are 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. 
  
  a.                                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 January 15, 1998, and reply comments on or before January 22,
1998.  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 Chief, Enforcement Division

  
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