Report No. DC-2629    ACTION IN DOCKET CASE       July 22, 1994
                                    
       COMPLAINT AGAINST AT&T FOR MONITORING AND DISCLOSING PHONE
                      CONVERSATION SET FOR HEARING
                             (CC DOCKET 94-89)    

     The Commission has designated for hearing a complaint by
Elehue Kawika Freemon and Lucille K. Freemon against AT&T.  The
Freemons alleged that on May 30, 1988, an AT&T operator
intercepted and disclosed the contents or meaning of their
telephone conversation, in violation of the Communications Act. 

     The issue to be decided is whether AT&T's action violated
Section 705 of the Act and, if so, whether the Freemons suffered
any measurable harm as a consequence of such violation and are
entitled to an award of damages.

     According to the Freemons, who are mother and son, an AT&T
operator monitored Elehue Freemon's operator-assisted call to his
mother and improperly interrupted and divulged the contents of
the call to an Oregon emergency services unit which, in turn,
dispatched the local police to his residence.  Elehue Freemon was
subsequently taken to a Portland hospital by the police and
detained in protective custody for four days.

     AT&T alleged that the operator determined that the son was
in an emergency situation when he attempted to place the call. 
It said the operator, consistent with AT&T's emergency
procedures, advised the mother of the son's condition and was
requested by the mother to get emergency help for the son.

     The complainants and AT&T thus present widely divergent
versions of the operative facts in this case.  The factual
dispute centers principally on the length of the telephone call
in question, whether the complainants ever had a conversation
during the course of the call, the operator's actions during the
call, and the point at which the operator transferred the call to
Oregon emergency services.

     Action by the Commission July 20, 1994, by Hearing
Designation Order (FCC 94-192).  Chairman Hundt, Commissioners
Quello, Barrett, Ness and Chong.

                                  - FCC -

     News Media contact: Rosemary Kimball at (202) 418-0500.
     Common Carrier Bureau contact: Keith Nichols at (202) 632-
4887.

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