[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
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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