[Federal Register Volume 59, Number 161 (Monday, August 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20512]


[[Page Unknown]]

[Federal Register: August 22, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 94-89, FCC 94-192]

 

Elehue Kawika Freemon and Lucille K. Freemon v. American 
Telephone and Telegraph Company; Designation for Hearing

AGENCY: Federal Communications Commission.

ACTION: Notice of Designation for Hearing.

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SUMMARY: This Hearing Designation Order designates for hearing a formal 
complaint proceeding to resolve material questions of fact surrounding 
the American Telephone and Telegraph Company's (AT&T's) handling of an 
operator-assisted telephone call involving the complainants in this 
case, Elehue Kawika Freemon and Lucille K. Freemon (together the 
Freemons or complainants). The issue to be decided in the proceeding is 
whether AT&T's actions violated Section 705 of the Communications Act 
and, if so, whether the Freemons suffered any measurable harm as a 
consequence of such violations and are entitled to an award of damages 
from AT&T.

FOR FURTHER INFORMATION CONTACT:
Keith Nichols, Formal Complaints and Investigations Branch, Common 
Carrier Bureau, (202) 632-4887.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Hearing Designation Order in CC Docket No. 94-89, adopted July 20, 
1994, and released August 11, 1994.
    The complete text of this Hearing Designation Order is available 
for inspection and copying during normal business hours in the FCC 
Dockets Branch (Room 230), 1919 M Street, NW., Washington, DC, and also 
may be purchased from the Commission's copy contractor, International 
Transcription Service, Inc., at (202) 857-3800, 1919 M Street, NW., 
room 246, Washington, DC 20554.

Synopsis of Hearing Designation Order

    1. The Freemons filed a formal complaint with the Commission 
pursuant to Section 208 of the Act alleging that AT&T had violated 
Section 705 of the Act by monitoring the complainants' telephone 
conversation and disclosing its contents or meaning. AT&T disputes the 
legal and factual bases of the Freemons' claims.
    2. After submission of numerous pleadings and motions to the 
Commission and discovery by the parties directed at clarifying the 
basis of their respective claims, both the facts and circumstances 
surrounding AT&T's handling of the Freemons' call are sharply disputed. 
Although neither AT&T nor the Freemons has formally requested that the 
complaint be designated for hearing, both have informally advised 
Commission staff that they view a hearing as the most appropriate and 
expeditious way to resolve the issues raised by the complaint.
    3. Based on review of the record adduced in this matter, the 
Commission concluded that further proceedings are necessary to resolve 
material questions of fact bearing on whether AT&T violated Section 705 
of the Communications Act in connection with its handling of the 
complainants' operator-assisted call as described in the complaint.
    4. Accordingly, it is ordered, pursuant to Sections 4(i), 4(j), 
201, 206, 207, 208, and 209 of the Communications Act of 1934, as 
amended, 47 U.S.C. Secs. 154(i), 154(j), 201, 206, 207, 208 and 209, 
that the above-captioned complaint proceeding is designated for hearing 
in a proceeding to be held before an Administrative Law Judge at a time 
and place to be specified in a subsequent order upon the following 
issues:

    1. To determine the facts and circumstances surrounding AT&T's 
handling of Elehue Freemon's operator-assisted telephone call to his 
mother, Lucille Freemon, on May 30, 1988.
    2. To determine whether a telephone conversation ensued between 
Elehue Freemon and Lucille Freemon on May 30, 1988, at the time an 
AT&T operator handled the operator-assisted call at issue.
    3. To determine whether AT&T, through its operator or otherwise, 
intercepted and disclosed the contents or meaning of any telephone 
conversation that may have taken place between Elehue Freemon and 
Lucille Freemon on May 30, 1988, within the meaning of Section 705 
of the Communications Act.
    4. To determine, in light of the evidence adduced under issues 1 
through 3 above, whether AT&T's actions in handling Elehue Freemon's 
May 30, 1988 operator-assisted call violated Section 705 of the 
Communications Act.
    5. To determine, in view of the evidence adduced on the 
foregoing issues, whether and if so, in what amounts, AT&T should be 
required to pay monetary damages to complainants.
    6. To determine, in view of the evidence adduced on the 
foregoing issues, whether complainants are entitled to an award of 
prejudgment interest on any damages recovered in this proceeding.

    5. It is further ordered, That the burden of proof and the burden 
of proceeding with the introduction of evidence shall be upon 
complainants.
    6. It is further ordered, That the designated parties may avail 
themselves of an opportunity to be herd by filing with the Commission a 
Notice of Appearance in accordance with Section 1.221 of the Rules, 47 
CFR 1.221, within twenty (20) days of the mailing of this Order.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-20512 Filed 8-19-94; 8:45 am]
BILLING CODE 6712-01-M