PUBLIC NOTICE
                                                                              
    Federal Communications Commission
    1919 M St., N.W.
    Washington, D.C. 20554

                                                                              
                                                                         
D                                                 A 98-386               

                                                                         
C             HANGE IN EX PARTE TREATMENT OF ALARM INDUSTRY
C             OMMUNICATIONS COMMITTEE EMERGENCY MOTION FOR 
O             RDERS TO SHOW CAUSE AND TO CEASE AND DESIST 
                       (CIRCUIT CITY PROCEEDING) 


                               CCBPol 96-17

 
 Released:  February 26, 1998
 
 The above-referenced proceeding is on remand from the United States Court of Appeals
for the District of Columbia Circuit.  See In the Matter of Enforcement of Section 275(a)(2) of the
Communications Act of 1934, as amended by the Telecommunications Act of 1996, Against
Ameritech Corp., CCBPol 96-17, Memorandum Opinion and Order, 12 FCC Rcd 3855 (1997),
vacated and remanded sub nom. Alarm Industry Commun. Comm. v. FCC, 131 F.3d 1066 (D.C.
Cir. 1997).  Pursuant to 47 C.F.R.  1.1200(a), the Common Carrier Bureau has determined that
the public interest would best be served by changing the status of this proceeding from  "permit-
but-disclose" to  "restricted."  In restricted proceedings, ex parte presentations are prohibited. 
See 47 C.F.R.  1.1208.

 This proceeding primarily concerns the rights of individual parties, a circumstance that
generally warrants classifying the proceeding as restricted.  Classifying this proceeding as a
restricted proceeding is also consistent with the treatment under the ex parte rules of show cause
and cease and desist order proceedings generally.  See 47 C.F.R.   1.1202(d)(3) and (4),
1.1208.  In the Matter of Amendment of 47 C.F.R.  1.1200 et seq. Concerning Ex Parte
Presentations in Commission Proceedings, 12 FCC Rcd 7348, 7351-52 at  11, 7353 at  16,
7358 at  33 (1997); 62 Fed. Reg. 15852 (Apr. 3, 1997).  Finally, it is consistent with the
treatment of the other alarm monitoring petitions currently pending before the Commission.  See
Change in Ex Parte Treatment of Alarm Industry Communications Committee Emergency Motion
for Orders to Show Cause and to Cease and Desist, DA 97-1109 (rel. May 27, 1997) (changing
status of CCBPol 97-7 from a permit-but-disclose to a restricted proceeding); Pleading Cycle
Established for Comments on Alarm Industry Communications Committee Emergency Motion for
Orders to Show Cause and to Cease and Desist, DA 97-1408 (rel. July 3, 1997) (establishing
CCBPol 97-8 as a restricted proceeding); and Pleading Cycle Established for Comments on Alarm
Industry Communications Committee Emergency Motion for Orders to Show Cause and to Cease
and Desist, DA 97-2176 (rel. October 10, 1997) (establishing CCBPol 97-11 as a restricted proceeding).


 For further information, contact Wendy Lader, Policy and Program Planning Division,
Common Carrier Bureau, at (202) 418-1580.  

 Action by Chief, Common Carrier Bureau.

                                   - FCC -