PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                  DA 98-668

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                                          Released: April 7, 1998


  EX PARTE PROCEDURES MODIFIED FOR REMANDED FORMAL COMPLAINTS
     CONCERNING APPLICATION OF END USER COMMON LINE CHARGES
                 TO INDEPENDENT PAYPHONE LINES 

The Commission has under consideration 59 remanded formal complaints regarding the
imposition of end user common line ("EUCL") charges on independent payphone providers by 
local exchange carriers ("LECs") .  On October 31, 1997, the United States Court of Appeals for
the District of Columbia Circuit ("the court") vacated a Commission order denying seven formal
complaints concerning such EUCL charges, and remanded the complaints to the Commission.
C.F. Communications v. Century Telephone of Wisconsin, Inc., 10 FCC Rcd 9775 (1995),
vacated and remanded sub nom. C.F. Communications v. FCC, 128 F.3d 735 (D.C. Cir. 1997)
("C.F. Communications").  Fifty-two similar formal complaints that had been denied in a
Commission order and were under review by the court were also remanded to the Commission on
its own motion.  See C.F. Communications v. Michigan Bell, 12 FCC Rcd 2134 (1997).  In
addition to the formal complaint proceedings remanded to the Commission as a result of C.F.
Communications, the Commission's Common Carrier Bureau has received approximately 1700
informal complaints by independent payphone providers who have paid EUCL charges to LECs.   

Formal complaints are restricted proceedings for purposes of the Commission's ex parte rules. 
See 47 C.F.R.  1.1208.  Informal complaints, however, are exempt from ex parte prohibitions. 
Id.  1.1204(b)(5).  The formal and informal EUCL complaints raise similar and interrelated
issues.  To ensure that the staff is able to discuss and obtain information necessary to resolve the
informal complaints, we are modifying the ex parte procedures applicable to the formal complaint
proceedings by reclassifying the 59 remanded formal complaint cases as "permit but disclose"
proceedings.  Thus, under the modified procedures adopted today, ex parte presentations will be
permitted in the formal complaint proceedings subject to the disclosure requirements set forth in
Section 1.1206 of the rules.  See Id.   1.1200(a), 1.1206.  Pursuant to these requirements, two
copies of any written ex parte presentations must be filed with the Secretary no later than the next
business day after the presentation.  Persons making oral ex parte presentations must submit to
the Secretary, no later than the next business day after an oral presentation, an original and one
copy  of a memorandum summarizing the substance of the presentation, not merely listing the
subjects discussed.  A copy of the memorandum must also be provided to the person or persons
to whom the oral communication was made.  All ex parte filings should be clearly captioned as ex
parte presentations and should reference the appropriate file number of each proceeding. 
Although we do not believe it is necessary to modify the ex parte status of the informal
complaints, we remind interested persons that if any ex parte communication is made in
connection with an informal complaint, or any other proceeding, that also addresses the merits or outcome of the remanded EUCL formal complaint cases, appropriate disclosure must be made
in the formal complaint proceedings.  

For further information, contact Mary Romano, Enforcement Division, Common Carrier Bureau,
at (202) 418-0960; TTY number (202) 418-0485.

By the Acting Chief, Enforcement Division, Common Carrier Bureau.