[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Pages 34249-34250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16113]
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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 95-94; DA 95-1363]
UACC Midwest, Inc. d/b/a/ United Artists Cable Mississippi Gulf
Coast; Telecable Associates, Incorporated; Vickburg Video, Inc.;
Mississippi Cablevision, Inc.; and Mississippi Cable Television
Association v. South Central Bell Telephone Company
AGENCY: Federal Communications Commission.
ACTION: Hearing Designation Order.
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SUMMARY: The Chief, Common Carrier Bureau, pursuant to delegated
authority, has designated for hearing a pole attachment complaint filed
by UACC Midwest, Inc. d/b.a/ United Artists Cable Mississippi Gulf
Coast; Telecable Associates, Incorporated; Vicksburg Video, Inc.;
Mississippi Cablevision, Inc.; and Mississippi Cable Television
Association (collectively, Complainants) v. South Central Bell
Telephone Company (South Central Bell). This action is being done to
expedite the resolution of this complaint.
ADDRESSES: Federal Communications Commission, 1919 M Street, N.W.
Washington, D.C. 20554.
FOR FURTHER INFORMATION CONTACT:
Timothy Peterson, Common Carrier Bureau, Accounting and Audits
Division, (202) 418-0847.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Order in CC Docket
No. 95-94, adopted June 15, 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
[[Page 34250]]
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 Complainants v. South Central Bell. The complaint concerns the
pole attachment rates South Central Bell has charged Complainants since
1991.
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, 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 directs parties 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, and Sections 0.91 and 0.291 of the
Commission's rules, 47 CFR 0.91 and 0.291, that the complaints of UACC
Midwest, Inc. d/b/a United Artist Cable Mississippi Gulf Coast,
Telecable Associates, Incorporated, Vicksburg Video, Inc., Mississippi
Cablevision, Inc., and Mississippi Cable Television Association filed
between September 10, 1991 and November 19, 1991 against South Central
Bell Are Granted to the extent indicated and Are Denied to the extent
indicated in Part III of this Order, and to the extent neither granted
nor denied, Are 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, and Sections 0.91 and 0.291 of the Commission's rules,
47 CFR 0.91 and 0.291, that the complaints of UACC Midwest, Inc. d/b/a
United Artists Cable Mississippi Gulf Coast, Telecable Associates,
Incorporated, Vicksburg Video, Inc., Mississippi Cablevision, Inc., and
Mississippi Cable Television Association filed between September 10,
1991 and November 19, 1991 against South Central Bell Are 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 South Central Bell charged Complainants
pole attachment rates that exceeded the maximum amounts allowable
under Commission rules during the periods covered by the complaints.
2. If South Central Bell charged Complainants excessive pole
attachment rates during the periods covered by the complaints, to
determine the amounts of the refunds South Central Bell must pay
Complainants.
3. To determine, in view of the evidence adduced on the
foregoing issues, whether Complainants are 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
Commission's rules, 47 CFR 1.221, within twenty (20) days of the
mailing of this Order.\1\
\1\ The separated trial staff will file an appropriate Notice of
Appearance before participating in the proceedings before the
presiding ALJ.
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9. It Is Further Ordered, that South Central Bell and Complainants
Shall File the information set forth in paragraphs 19, 21 and 22,
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.
Federal Communication Commission.
Kathleen M.H. Wallman,
Chief, Common Carrier Bureau.
[FR Doc. 95-16113 Filed 6-29-95; 8:45 am]
BILLING CODE 6712-01-M