[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Notices]
[Pages 62593-62594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27814]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 03-3389]


Definition of Payphone Customer

AGENCY: Federal Communications Commission.

ACTION: Notice; termination of proceeding.

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SUMMARY: This document provides notice of the termination of the 
petition for reconsideration and joint motion to dismiss a 1993 Common 
Carrier Bureau order regarding the classification of payphone providers 
as customers pursuant to AT&T's F.C.C. Tariff No. 1. A settlement 
agreement between the parties and the passage of time have mooted the 
issues in the proceeding.

DATES: This proceeding will be terminated effective December 5, 2003, 
unless the Wireline Competition Bureau receives an opposition to the 
termination prior to that date.

ADDRESSES: Oppositions to the proceeding termination should be mailed 
to the Commission's Secretary through the Commission's contractor, 
Natek, Inc., at 236 Massachusetts Avenue, NE., Suite 110, Washington, 
DC 20002.

FOR FURTHER INFORMATION CONTACT: Jennifer McKee, Wireline Competition 
Bureau, Pricing Policy Division, (202) 418-1530.

SUPPLEMENTARY INFORMATION: On November 15, 1993, the Common Carrier 
Bureau (now the Wireline Competition Bureau) released an order in the 
above-referenced proceeding determining that the payphone petitioners 
Atlantic Telco and Tel & Tel Payphones were not customers for purposes 
of AT&T's Tariff No. 1. On December 15, 1993, AT&T filed a petition for 
reconsideration of this order. Subsequently, AT&T and the payphone 
petitioners entered into a settlement of the dispute underlying the 
petitioners' request for declaratory ruling, and on April 14, 1994, the 
parties filed a joint motion to vacate the Bureau's order. In the joint 
motion, the parties assert that their settlement agreement precludes 
reconsideration of the Bureau's order and ask the Commission to dismiss 
the proceeding. We construe the joint motion as a request to withdraw 
AT&T's petition for reconsideration, and therefore AT&T's petition for 
reconsideration is dismissed without prejudice. 47 CFR 1.748. The 
parties' settlement agreement and the passage of time have mooted the 
remaining issue in this proceeding, the parties' motion to vacate the 
Bureau's order. Therefore, this proceeding will be terminated effective 
December 5, 2003, unless the Wireline Competition Bureau receives an 
opposition to the termination before that date.
    Parties filing oppositions to the termination of this proceeding 
must file an original and four copies of each filing. The filings 
should reference the DA number of this Public Notice, DA 03-3389. 
Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or

[[Page 62594]]

overnight U.S. Postal Service mail (although we continue to experience 
delays in receiving U.S. Postal Service mail). The Commission's 
contractor, Natek, Inc., will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002.
    [sbull] The filing hours at this location are 8 a.m. to 7 p.m.
    [sbull] All hand deliveries must be held together with rubber bands 
or fasteners.
    [sbull] Any envelopes must be disposed of before entering the 
building.
    [sbull] Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    [sbull] U.S. Postal Service first-class mail, Express Mail, and 
Priority Mail should be addressed to 445 12th Street, SW., Washington, 
DC 20554.
    [sbull] All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission. 
Parties are also requested to send a courtesy copy of their oppositions 
to Jennifer McKee, Pricing Policy Division, Wireline Competition 
Bureau, Federal Communications Commission. Courtesy copies may also be 
sent via e-mail to [email protected].

    Authority: 47 U.S.C. 152, 153, 154, 155, 303, 307, 308, 309, 
315, 317; 44 FR 18501, 67 FR 13223, 47 CFR 0.291, 1.749.

Federal Communications Commission.
William F. Maher, Jr.,
Chief, Wireline Competition Bureau.
[FR Doc. 03-27814 Filed 11-4-03; 8:45 am]
BILLING CODE 6712-01-P