[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Page 34249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16073]



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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 95-84; FCC 95-221]


TCA Management Co.; Teleservice Corporation of America; and TCA 
Cable of Amarillo, Inc. v. Southwestern Public Service Company

AGENCY: Federal Communications Commission.

ACTION: Hearing Designation Order.

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SUMMARY: The Commission has adopted an order designating for hearing a 
pole attachment complaint filed by TCA Management Co., and its 
affiliates, Teleservice Corporation of America and TCA Cable of 
Amarillo, Inc. against Southwestern Public Service Company. This action 
is being done to expedite the resolution of this complaint.

FOR FURTHER INFORMATION CONTACT:
Thaddeus Machcinski, Common Carrier Bureau, Accounting and Audits 
Division, (202) 418-0808.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order 
in CC Docket No. 95-84, adopted June 9, 1995 and released June 15, 
1995. The complete text of this Order is available for inspection and 
copying during normal business hours in the FCC Dockets Branch (Room 
230), 1919 M Street, N.W., Washington D.C., and may also be purchased 
from the Commission's copy contractor, International Transcription 
Service, Inc., at 2100 M Street, N.W., Suite 140, Washington, D.C. 
20037, or call (202) 857-3800.

Synopsis of Order

    1. This Order designates for hearing a pole attachment complaint 
filed by TCA Management Co., and its affiliates, Teleservice 
Corporation of America and TCA Cable of Amarillo, Inc. (collectively, 
TCA) against Southwestern Public Service Company (SPS). The complaint 
concerns the pole attachment rates SPS has charged TCA since October 
16, 1990.
    2. The Order directs the presiding administrative law judge to 
require the parties to meet prior to hearing to determine whether the 
case can be settled. In the event a settlement is not reached, the 
Order directs the presiding law judge to, if possible, to resolve the 
case on a paper record. If unable to do so, the Order directs the 
presiding law judge to conduct such further proceedings as may be 
necessary to resolve the complaint.
    3. This Order also gives the Chief, Common Carrier Bureau the 
delegated authority to designate other pole attachment complaints for 
hearing before an administrative law judge and it directs the parties 
to the complaint to file any exceptions to the administrative law 
judge's decision to the Commission rather than to the Review Board.
    4. The Order was effective upon release.

Ordering Clauses

    5. Accordingly, it is ordered, pursuant to Sections 4(i), 4(j), and 
224 of the Communications Act of 1934, as amended, 47 U.S.C. 
Secs. 154(i), 154(j), & 224, that the complaint of TCA Management Co., 
Teleservice Corporation of America, and TCA Cable of Amarillo, Inc. 
filed October 16, 1990, against Southwestern Public Service Company is 
granted to the extent indicated in Parts III and IV of this Order, and 
to the extent not granted, is referred to an Administrative Law Judge.
    6. It is further ordered, pursuant to Sections 4(i), 4(j), and 224 
of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i), 
154(j), & 224, 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 whether SPS charged TCA pole attachment rates 
that exceeded the maximum amounts allowable under Commission rules 
during the period covered by the complaint.
    2. If SPS had charged TCA excessive pole attachment rates during 
the period covered by the complaint, to determine the amounts of the 
refunds SPS must pay TCA.
    3. To determine, in view of the evidence adduced on the 
foregoing issues, whether TCA is entitled to interest on any refund 
amounts and, if so, the amount of that interest.

    7. It is further ordered, that the burden of proof and the burden 
of proceeding with the introduction of evidence shall be upon 
complainants.
    8. It is further ordered, that the designated parties may avail 
themselves of an opportunity to be heard by filing with the Commission 
a Notice of Appearance in accordance with Section 1.221 of the Rules, 
47 C.F.R. Sec. 1.221, within twenty (20) days of the mailing of this 
Order.
    9. It is further ordered, that SPS and TCA shall file the 
information set forth in paragraphs 31 and 32, above, within thirty 
(30) days of the mailing of this Order.
    10. It is further ordered, that the parties shall address any 
exceptions to the ALJ's decision in this proceeding to the Commission.
    11. It is further ordered, that the Chief, Common Carrier Bureau, 
shall have delegated authority to designate pole attachment complaint 
cases for hearing before an Administrative Law Judge in appropriate 
circumstances.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-16073 Filed 6-29-95; 8:45 am]
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