PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 98-1171 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: June 17, 1998 EX PARTE PROCEDURES ESTABLISHED FOR FORMAL COMPLAINT FILED BY IT&E OVERSEAS, INC. AGAINST MICRONESIAN TELECOMMUNICATIONS CORPORATION (FILE NO. E-98-31), AND IT&E OVERSEAS INC.'S APPLICATION FOR REVIEW REQUESTING THE COMMISSION TO REVIEW THE DECISION OF THE STAFF OF THE COMMON CARRIER BUREAU, ACTING UNDER DELEGATED AUTHORITY, TO DENY IT&E'S PETITION TO REJECT, OR ALTERNATIVELY, TO SUSPEND AND INVESTIGATE THE REVISIONS PROPOSED BY MICRONESIAN TELECOMMUNICATIONS CORPORATION TO ITS TARIFF FCC NO. 1 THROUGH TRANSMITTAL NO. 133 (FILE NO. CPD 97-47) On September 2, 1997, IT&E Overseas Inc. ("IT&E") filed an Application for Review ("Application for Review"), File No. CPD 97-47, pursuant to Section 1.115 of the Rules of the Federal Communications Commission, 47 C.F.R.  1.115, requesting the Commission to review the decision of the Common Carrier Bureau (the "Bureau"), acting under delegated authority, to deny IT&E's petition ("Petition"), filed July 24, 1997, to reject, or alternatively, to suspend and investigate the revisions proposed by Micronesian Telecommunications Corporation ("MTC") to its Tariff FCC No. 1 through Transmittal No. 133, which became effective August 1, 1997. By Public Notice, released on July 31, 1997, the Bureau concluded that IT&E's petition failed to present compelling arguments that MTC's tariff revisions are so patently unlawful as to require rejection. The Application for Review proceeding is designated "permit-but-disclose" for purposes of the Commission's ex parte rules. See 47 C.F.R.  1.1206(a)(5); see also, Amendment of 47 C.F.R.  1.1200 et seq., Concerning Ex Parte Presentations in Commission Proceedings, GC Docket No. 95- 21, Report and Order, 12 FCC Rcd 7348 (1997). On March 9, 1998, IT&E, Overseas, Inc., filed a formal complaint, File No. E-98-31, against Micronesian Telecommunications Corporation ("MTC") pursuant to Section 208 of the Communications Act of 1934, as amended (the "Act"). In the complaint, IT&E Overseas, Inc. alleges that MTC has: imposed excessive interstate access charges in violation of Section 201(b) of the Act; discriminated against IT&E by charging exchange access fees on IT&E failing to impute an equivalent account of access charges to itself, and its own affiliate in violation of Section 202(a) of the Act; and cross-subsidized its interexchange operations with revenues from its local services in violation of Section 254(k) of the Act. The formal complaint is "restricted" for purposes of the Commission's ex parte rules. See 47 C.F.R. 1.1208. Upon review, it appears that IT&E's Application for Review and IT&E's formal complaint raise similar and interrelated issues. As a practical matter, we would be unable to fully and expeditiously resolve the Application for Review proceeding if the complaint proceeding continues to be conducted as a restricted proceeding. Therefore, in order to preserve the staff's ability to discuss and obtain information needed to resolve the issues in the Application for Review proceeding during the pendency of the formal complaint proceeding, we are modifying the ex parte procedures applicable to IT&E's complaint proceeding. Pursuant to Section 1.1200(a) of the Commission's rules, 47 C.F.R.  1.1200(a), we find, in this particular instance, that the public interest in fully and expeditiously resolving the significant issues raised in the two proceedings would be served by applying to the complaint proceeding the "permit but disclose" procedures set forth in Section 1.1206 of the Commission's rules, 47 C.F.R.  1.1206. Accordingly, this Public Notice establishes that IT&E's formal complaint proceeding is a "permit-but-disclose" proceeding for purposes of the Commission's ex parte rules. Consistent with this Public Notice, all parties making ex parte presentations in either proceeding shall file any written ex parte presentations and summaries of oral ex parte presentations in both the Application for Review proceeding (File No. CPD-97-47), and the formal complaint proceeding (File No. E-98-31), in accordance with the procedures established in Section 1.1206. Two copies of any written ex parte presentation made or, if oral, an original and one copy of a memorandum that summarizes the oral ex parte presentation, must be submitted to the Secretary for inclusion in the public record, with copies to the Commissioners or Commission employees involved in the oral presentation. These memoranda must contain a summary of the substance of the ex parte presentation and not merely a listing of the subjects discussed. All such filings should be clearly captioned as ex parte presentations, should reference the appropriate file number of each proceeding, and must be filed no later than the next business day after the presentation. All parties who made ex parte presentations in IT&E's Application for Review proceeding prior to this Public Notice, but subsequent to the March 9, 1998 filing of the formal complaint, are hereby directed to file in the formal complaint proceeding copies of such written ex parte presentations and summaries of oral ex parte presentations within seven days of this Public Notice, in accordance with the procedures set forth in Section 1.1206. Questions relating to the formal complaint may be directed to Sumita Mukhoty, Common Carrier Bureau, Enforcement Division at (202) 418-0960. The formal complaint materials are available for inspection and copying in the Enforcement Division, Formal Complaints and Investigations Branch, Room 6120, 2025 M Street, N.W., Washington, DC 20554. Questions relating to IT&E's Application for Review may be directed to Josephine Simmons, Common Carrier Bureau, Competitive Pricing Division, at (202) 418-1497. IT&E's Application for Review will be available for public inspection during regular business hours in the FCC's Common Carrier Bureau Reference Room, Room 554, 2000 M Street, N.W., Washington, D.C. 20554. Copies can also be obtained from ITS at 1231 20th Street, N.W., Washington, D.C. 20036, or by calling (202) 857- 3800. By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau -FCC-