Report No. GN-159       GENERAL ACTION            June 30, 1994

     WILLIAM E. ZIMSKY FOUND NOT ENTITLED TO ATTORNEY'S FEES FOR HIS
                         WORK IN IVDS PROCEEDING

     The Commission has denied a request by William E. Zimsky, a
communications lawyer, for a determination that he is entitled to
attorney's fees in connection with his participation in the
interactive video and data service (IVDS) proceeding (GEN Docket
91-2).  

     Zimsky claimed that, because he filed a petition for
reconsideration challenging the filing fee originally established
for IVDS, he is entitled to between 20 and 30 percent of the
money due to be refunded after the FCC reduced the fee.  His
claim is based on the "common fund doctrine," which, when it
applies, allows attorneys whose work product benefits a class of
persons to claim a portion of funds produced by the attorneys'
efforts as compensation for services.

     The Commission found that it lacked authority to apply the
common fund doctrine to determine that Zimsky is entitled to
attorney's fees in this case.  A common fund award can be made
only by a court and, in fact, the D.C. Circuit Court of Appeals
has held that the Commission lacks the authority to award
attorney's fees.

     The Commission also addressed three other issues raised by
Zimsky's request.  The Commission stated that: (1) A court would
not be justified in now assuming jurisdiction over the refunds
solely for the purpose of making a common fund award; (2) The
common fund doctrine should not be applied to Commission
rulemaking proceedings; and (3) The equities of this case do not
favor making a common fund award.

     Action by the Commission June 29, 1994, by Declaratory
Ruling (FCC 94-179).  Chairman Hundt, Commissioners Quello,
Barrett, Ness and Chong.

                                  - FCC -

     News Media contact: Rosemary Kimball (202) 418-0500.