[Federal Register Volume 61, Number 203 (Friday, October 18, 1996)]
[Rules and Regulations]
[Pages 54344-54346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26901]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 64 and 68

[CC Docket 96-128; DA 96-1666]


Pay Telephone Reclassification and Compensation Provisions of the 
Telecommunications Act of 1996

AGENCY: Federal Communications Commission.

ACTION: Final Rule: Correction.

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SUMMARY: The Federal Communications Commission (``Commission'') adopted 
a Report and Order implementing Section 276 of the Communications Act 
of 1934, as amended by the Telecommunications Act of 1996 (``1996 
Act''). This correction makes certain technical and typographical 
corrections to the Report and Order. This correction is issued to 
accurately reflect the Commission's intent in implementing Section 276 
of the 1996 Act.

EFFECTIVE DATES: The amendments to the heading of subpart M of part 64 
and Sec. 64.1301 are effective November 6, 1996. The amendment to 
Sec. 64.703 is effective December 16, 1996.

FOR FURTHER INFORMATION CONTACT: Michael Carowitz, 202-418-0960, 
Enforcement Division, Common Carrier Bureau.

SUPPLEMENTARY INFORMATION: On June 4, 1996, the Commission adopted a 
Notice of Proposed Rulemaking (``NPRM'') [61 FR 33074, June 4, 1996] to 
implement Section 276 of the Telecommunications Act of 1996. On 
September 20, 1996, the Commission adopted and released a Report and 
Order in CC Docket No. 96-128 [61 FR 52307, October 7, 1996]. The 
Errata makes certain technical and typographical corrections to the 
Report and Order. The full text of the Errata and Report and Order are 
available for inspection and copying during normal business hours in 
the FCC Reference Center, Room 239, 1919 M Street, N.W., Washington, 
D.C. The complete text of the Report and Order may also be purchased 
from the Commission's duplicating contractor, international 
Transcription Services, 2100 M Street, N.W., Suite 140, Washington, 
D.C. 20037, (202) 857-3800. The Report and Order contains new or 
modified information collections subject to the Paperwork Reduction Act 
of 1995 (PRA). It has been submitted to the Office of Management and 
Budget (OMB) for review under the PRA. OMB, the general public, and 
other federal agencies are invited to comment on the new or modified 
information collections contained in this proceeding.
    Parties must file any petitions for reconsideration of the Report 
and Order within 30 days from release of that document. The Commission 
waives the requirements of Section 1.4 of its rules to establish this 
new date of public notice in light of the deadline established in the 
1996 Act to complete this proceeding. Parties may file oppositions to 
the petitions for reconsideration pursuant to Section 1.106(g) of the 
rules, except that oppositions to the petitions must be filed within 
seven (7) days after the date for filing the petitions for 
reconsideration. The Commission will not issue a separate notice of any 
petitions for reconsideration; the Report and Order serves as notice to 
all interested parties of the due dates for petitions and oppositions. 
In addition, the Commission waives Section 1.106(h) of the rules and 
will not accept reply comments in response to oppositions. The 
Commission concludes that these actions are necessary to complete all 
Commission action in this proceeding, which involves issues concerning 
the expedited implementation of the 1996 Act, by the statutory deadline 
of November 8, 1996. The Commission will consider all relevant and 
timely petitions and oppositions before final action is taken in this 
proceeding.
    Petitions for reconsideration must comply with Sections 1.106 and 
1.49 and all other applicable sections of the Commission's rules. 
Petitions also must clearly identify the specific portion of the Report 
and Order for which relief is sought. If a portion of a party's 
arguments does not fall under a particular topic listed in the outline 
of the Report and Order, such arguments should be included in a clearly 
labeled section at the beginning or end of the filing. Parties may not 
file more than a total of ten (10) pages of ex parte submissions, 
excluding cover letters. This 10 page limit does not include: (1) 
written ex parte filings made solely to disclose an oral ex parte 
contact; (2) written material submitted at the time of an oral 
presentation to Commission staff that provides a brief outline of the 
presentation; or (3) written material filed in response to direct 
requests from Commission staff. Ex parte filings in excess of this 
limit will not be considered as part of the record in this proceeding.
    To file a petition for reconsideration in this proceeding parties 
must file an original and ten copies of all petitions and oppositions. 
Petitions and oppositions should be sent to the Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554. If 
parties want each Commissioner to have a personal copy of their 
documents, an original plus fourteen copies must be filed. In addition, 
participants should submit two additional copies directly to the Common 
Carrier Bureau, Enforcement Division, Room 6008, 2025 M Street NW, 
Washington, D.C. 20554. The petitions and oppositions will be available 
for public inspection during regular business hours in the Dockets 
Reference Room (Room 230) of the Federal Communications Commission, 
1919 M Street, NW, Washington, DC 20554. Copies of the petition and any 
subsequently filed documents in this

[[Page 54345]]

matter may be obtained from ITS, Inc., 2100 M Street, NW, Suite 140, 
Washington, DC 20037, (202) 857-3800.

Ordering Clauses

    1. Section 64.703 is amended as set forth below effective December 
16, 1996, and Sec. 64.1301, the heading of Subpart M of Part 64, and 
the Attachment, are amended as set forth below effective November 6, 
1996.

List of Subjects

47 CFR Part 64

    Communications common carriers, Payphone compensation, Operator 
service access, Telephone.

Federal Communications Commission.
Mary Beth Richards,
Deputy Chief, Common Carrier Bureau.

Rule Changes

    Part 64 of Title 47 of the Code of Federal Regulations is amended 
as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

    1. Effective December 16, 1996, Section 64.703 is amended by 
removing ``67.703'' in the section heading and adding in its place 
``64.703.''
    2. Effective November 6, 1996, the heading of Subpart M of Part 64 
is revised to read as follows:

Subpart M--Provision of Payphone Service

    3. Effective November 6, 1996, Section 64.1301 is amended by 
revising the section heading; and by revising paragraphs (a), (b) and 
(d) to read as follows:


Sec. 64.1301  Payphone compensation.

    (a) Each payphone service provider eligible to receive compensation 
shall be paid $45.85 per payphone per month for originating access code 
and toll-free calls.
    (b) This compensation shall be paid by interexchange carriers 
(IXCs) that earn annual toll revenues in excess of $100 million, as 
reported in the FCC staff report entitled ``Long Distance Market 
Shares.'' Each individual IXC's compensation obligation shall be set in 
accordance with its relative share of toll revenues among IXCs required 
to pay compensation. For example, if total toll revenues of IXCs 
required to pay compensation is $50 billion, and one of these IXCs had 
$5 billion of total toll revenues, the IXC must pay $4.585 per payphone 
per month.
* * * * *
    (d) IXCs obligated to pay compensation and payphone service 
providers are responsible for establishing their own billing or payment 
arrangements.
* * * * *
    4. The Attachment--Interim Compensation Obligations--is revised to 
read as follows:
    This Attachment will not be published in the Code of Federal 
Regulations.

                                  Attachment--Interim Compensation Obligations                                  
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                                                                     1995 total                                 
                                                                    toll services    Percent of      Amount per 
                             Company                                revenues (in     total toll      phone per  
                                                                      millions)       revenues         month    
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AT&T COMPANIES:                                                                                                 
    AT&T COMMUNICATIONS, INC.....................................         $38,069           56.69   $25.9923406 
    ALASCOM, INC.................................................             325            0.48     0.2219000 
MCI TELECOMMUNICATIONS CORP......................................          12,924           19.25     8.8241091 
SPRINT COMMUNICATIONS CO.........................................           7,277           10.84     4.9685115 
LDDS WORLDCOM....................................................           3,640            5.42     2.4852799 
FRONTIER COMPANIES:                                                                                             
    ALLNET COMM. SVCS. dba FRONTIER COMM. SVCS...................             827            1.23     0.5646501 
    FRONTIER COMMUNICATIONS INT'L, INC...........................             309            0.46     0.2109757 
    FRONTIER COMM. OF THE NORTH CENTRAL REGION...................             133            0.20     0.0908083 
    FRONTIER COMMUNICATIONS OF THE WEST, INC.....................             127            0.19     0.0867117 
CABLE & WIRELESS COMMUNICATIONS, INC.............................             700            1.04     0.4779384 
LCI INTERNATIONAL TELECOM CORP...................................             671            1.00     0.4581381 
EXCEL TELECOMMUNICATIONS, INC....................................             363            0.54     0.2478452 
TELCO COMMUNICATIONS GROUP, INC..................................             215            0.32     0.1467954 
MIDCOM COMMUNICATIONS, INC.......................................             204            0.30     0.1392849 
TEL-SAVE, INC....................................................             180            0.27     0.1228985 
U.S. LONG DISTANCE, INC..........................................             155            0.23     0.1058292 
VARTEC TELECOM, INC..............................................             125            0.19     0.0853461 
GE CAPITAL COMMUNICATIONS SERVICES CORP..........................             120            0.18     0.0819323 
GENERAL COMMUNICATION, INC.......................................             120            0.18     0.0819323 
MFS INTELENET, INC...............................................             118            0.18     0.0805668 
BUSINESS TELECOM, INC............................................             115            0.17     0.0785185 
COMMUNICATION TELESYSTEM INT'L...................................             115            0.17     0.0785185 
ONCOR COMMUNICATIONS, INC........................................             111            0.17     0.0757874 
THE FURST GROUP, INC.............................................             109            0.16     0.0744218 
AMERICAN NETWORK EXCHANGE, INC...................................             101            0.15     0.0689597 
                                                                  ----------------------------------------------
      TOTAL......................................................          67,153          100.00    45.85      
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[[Page 54346]]

[FR Doc. 96-26901 Filed 10-17-96; 8:45 am]
BILLING CODE 6712-01-P