DAILY DIGESTVol. 14, No. 84 May 3, 1995 --------------------------------------------------------------------------- NEWS RELEASE --------------------------------------------------------------------------- COMMISSION PROPOSES TO ALLOW IVDS LICENSEES TO PROVIDE MOBILE SERVICE TO SUBSCRIBERS - WT DOCKET NO. 95-47 (Report No. 95-64, Action in Docket Case) The FCC has proposed to allow Interactive Video and Data Service (IVDS) licensees to provide mobile service to subscribers on an ancillary basis. This proceeding was initiated by a petition for rulemaking from EON Corporation. Action by the Commission April 13 by NPRM (FCC 95-158). News Media contact: Stacey Reuben Mesa at (202) 418-0654; Wireless Telecommunications Bureau contacts: William T. Cross or Donna L. Kanin at (202) 418-0680. [Internet file name: nrwl5017.txt] --------------------------------------------------------------------------- PUBLIC NOTICES --------------------------------------------------------------------------- ALLEGED "GOOD TIMES" VIRUS -- A rumor has been circulating on the Internet and other on-line services, that the "FCC" released a public notice warning about an alleged "Good Times" computer virus. The U.S. Federal Communications Commission (U.S. FCC) did not issue such a notice. This rumor has recycled several times in the last few months. - Contact: Sheryl Segal at (202) 418-0265 TARIFF TRANSMITTAL PUBLIC REFERENCE LOG: May 2 PUBLIC INFORMATION COLLECTION REQUIREMENTS SUBMITTED TO OFFICE OF MANAGEMENT AND BUDGET FOR REVIEW - Contact: Dorothy Conway at (202) 418-0217 Report No. A-194 - AM BROADCAST APPLICATIONS ACCEPTED FOR FILING AND NOTIFICATION OF JUNE 5 CUT-OFF DATE Report No. 1206 - CABLE TELEVISION RELAY SERVICE (CARS) APPLICATIONS RE: APPLICATIONS ACCEPTED FOR FILING Report No. 3533 - CABLE TELEVISION ACTIONS Report Nos. D-798 and D-798-A - COMMON CARRIER BUREAU DOMESTIC FACILITIES APPLICATIONS [Two Public Notices] Report No. DS-1529 - SATELLITE COMMUNICATIONS SERVICES INFORMATION RE: SATELLITE RADIO APPLICATIONS ACCEPTED FOR FILING Report No. DS-1530 - DOMESTIC FIXED SATELLITE SERVICE Report No. I-8049 - OVERSEAS COMMON CARRIER SECTION 214 APPLICATIONS ACTIONS TAKEN Report Nos. NCS-95-23 and NCS-95-23-A - WIRELESS NARROWBAND COMMERCIAL RADIO BRANCH INFORMATION [Two Public Notices] Report No. 2070 - OFFICE OF PUBLIC AFFAIRS REFERENCE OPERATIONS DIVISION PETITIONS FOR RULEMAKING FILED --------------------------------------------------------------------------- TEXTS --------------------------------------------------------------------------- NOVATO, CA. Denied Marin TV Services Partners, Ltd.'s application for review of the restatement of the construction permit of North Bay Television, Inc. for station KWOK(TV), Channel 68, Novato, CA. (By Order [FCC 95-166] adopted April 19 by the Commission) HARTFORD, CT. Granted 61 Licensee, Inc.'s petition for special relief seeking to include within the hartford-New Haven, CT, area of dominant influence (ADI) to which station WTCI-TV, is currently assigned, the Connecticut communities of Danbury, Bethel, and Ridgefield for must- carry purposes. (By MO&O [DA 95-916] adopted April 20 by the Deputy Chief, Cable Services Bureau) WATERBURY, CT. Granted WTXX Communications, Inc.'s petition for special relief to include a number of Fairfield County, CT, communities within the Hartford-New Haven ADI for purposes of asserting signal carriage rights on cable systems serving those communities. (By MO&O [DA 95-918] adopted April 20 by the Deputy Chief, Cable Services Bureau) LEMASA AND TAHOKA, TX. Proposed reallotting Channel 262C1 from LaMesa to Tahoka, and modifying the license of KIOL(FM) accordingly. Comments are due June 26, replies July 11. (MM Docket No. 95-58 by NPRM [DA 95-946] adopted April 26 by the Chief, Allocations Branch, Mass Media Bureau) SULPHUR AND SOUTH FORT POLK, LA; BAY CITY, EDNA, GALVESTON, JASPER, LAGRANGE, NEW ULM, PALACIOS, REDLAND, ROSENBERG, AND WINNIE, TX. Effective June 19, allotted Channel 264C1 to Winnie; Channel 259A to Palacios; Channel 267C3 to Sulphur, LA; and Channel 239A to South Fort Polk, LA; modified the license of KMIA-FM, Jasper, to specify operation on Channel 264C at Winnie; modified the license of KTQQ-FM to specify operation on Channel 267C3 at Sulphur. The filing window for South Fort Polk, LA, opens June 19, closes July 5; window for Palacios, TX, opens June 19, closes July 5. (MM Docket No. 90-90 by R&O [DA 95-970] adopted April 27 by the Chief, Allocations Branch) FAIRFIELD, CT. Granted, in part, two petitions to include certain communities in Fairfield County, CT, within the Hartford-New Haven ADI for purposes of the cable television mandatory broadcast signal carrier rules. (By MO&O [DA 95-917] adopted April 20 by the Deputy Chief, Cable Services Bureau) COMMUNICATION TELESYSTEMS INTERNATIONAL (CTI). Authorized CTI to acquire and operate facilities for service to various overseas points. (By OA&C [DA 95-950] adopted April 25 by the Chief, Telecommunications Division, International Bureau) INTEX TELECOMMUNICATIONS, INC. Authorized Intex to acquire and operate facilities for service between the United States and various overseas points. (By OA&C [DA 95-951] adopted April 25 by the Chief, Telecommunications Division) CHEQUAMEGON TELEPHONE COOPERATIVE, INC. AND MAPLE TELEPHONE COOPERATIVE, INC. Granted joint petitions of Chequamegon and Maple for waiver of Part 36 of the Rules to allow Chequamegon to change its study areas boundary to conform to its recently approved merger with Maple. (By MO&O [DA 95-931] adopted April 25 by the Chief, Accounting and Audits Division, Common Carrier Bureau) ++++++++++++ ADDENDA: The following items released May 2 were not listed on Digest 83: --------------------------------------------------------------------------- NEWS RELEASES --------------------------------------------------------------------------- FCC PROPOSES TO FINE-TUNE FEDERAL PREEMPTION OF LOCAL SATELLITE ANTENNA REGULATIONS - IB DOCKET NO. 95-59 (Report No. DC 95-63, Action in Docket Case) Agency Crafts Delicate Balance Between Competition Nationwide Communications Technologies and Local Autonomy -- The Commission has proposed to change its policies on federal preemption of local land-use regulations that inhibit access to satellite communications. Action by the Commission April 27 by NPRM [FCC 95-180]. News Media contact: Patricia A. Chew at (202) 4128-0500; International Bureau contact: Rosalee Chiara at (202) 739-0730. [Internet file name: nrin5011.txt] COMMON CARRIER BUREAU APPROVES GTE VIDEO DIALTONE APPLICATIONS, AREAS OF VIRGINIA, FLORIDA, CALIFORNIA AND HAWAII (Report No. CC 95-28, Common Carrier Action) Action by the Chief, Common Carrier Bureau April 28 by O&A [DA 95-1012] News Media contact: Susan Lewis Sallet at (202) 418-1500; Common Carrier Bureau contact: Jane Jackson at (202) 418-1580. [Internet file name: nrcc5046.txt] ------------------------------------------------------------------------- PUBLIC NOTICE ------------------------------------------------------------------------- CABLE SERVICES BUREAU ANNOUNCES POLICY REGARDING INFLATION ADJUSTMENT ON FORM 393 - News Media contact: Morgan Broman at (202) 416- 0852; Cable Services Bureau contact: Eli Johnson at (202) 416-0800 [DA 95-999] --------------------------------------------------------------------------- TEXTS --------------------------------------------------------------------------- GTE SERVICE CORPORATION. Approved the revised zone density pricing plan filed by GTE. (By Order [DA 95- 992] adopted May 1 by the Chief, Common Carrier Bureau) UNITED TELEPHONE COMPANY OF FLORIDA AND CENTRAL TELEPHONE COMPANY OF FLORIDA. Approved the revised zone density pricing plan filed by United and Central. (By Order [DA 95-991] adopted May 1 by the Chief, Common Carrier Bureau) CONTINENTAL SATELLITE CORPORTION. Granted Loral Aerospace Holdings, Inc.'s request for recissionof the consent to assignment of construction permit for a new Direct Broadcast Satellite System to Continental. (By Order [DA 95-1015] adopted May 2 by the Chief, International Bureau) ++++++++++++ ADDITIONAL CABLE SERVICES BUREAU DAILY DIGEST Released May 3, 1995 TIME WARNER CABLE-BIRMINGHAM DIVISION DBA/BIRMINGHAM CABLE COMMUNICATIONS. Dismissed complaints filed against it concerning charges for cable programming service tiers in Birmingham, AL. (By MO&O [DA 95-952] adopted April 26 by the Chief, Financial Analysis and Compliance Division, Cable Services Bureau) TCI CABLE OF BEATRICE. Order denying jurisdiction over complaints against the cable programming service prices charged by TCI in Greenleaf and Linn, Kansas and all other complaints relating to the same price. (By MO&O [DA 95-953] adopted April 26 by the Chief, Financial Analysis and Compliance Division, Cable Services Bureau) PARAGON CABLE. Denied complaints against the rates of Paragon Cable in Commerce and Grapevine, Texas. (By MO&O [DA 95-954] adopted April 26 by the Chief, Financial Analysis and Compliance Division, Cable Services Bureau) PARAGON CABLE. Denied complaint against the rate of Paragon Cable in El Paso, Texas. (By MO&O [DA 95-955] adopted April 26 by the Chief, Financial Analysis and Compliance Division, Cable Services Bureau) WARNER CABLE. Denied complaints against the rates of Warner Cable in Brookfield, Muskego, and Vernon, Wisconsin. (By MO&O [DA 95-956] adopted April 26 by the Chief, Financial Analysis and Compliance Division, Cable Services Bureau) LAKE COUNTY CABLEVISION. Granted, the complaint against the cable programming service price charged by Lake County Cablevision in Umatilla, Florida. (By MO&O [DA 95-957] adopted April 26 by the Chief, Cable Services Bureau) LAKE COUNTY CABLEVISION. Granted, the complaint against the cable programming service price charged by Lake County Cablevision in Leesburg, Florida. (By MO&O [DA 95-958] adopted April 26 by the Chief, Cable Services Bureau) SBC MEDIA VENTURES, INC. The benchmark showing made by SBC Media Ventures for the price charged for the CPS tier for cable services in Arlington, Virginia was not justified. Accordingly, the complaints against the cable programming service price charged by Post- Newsweek were granted. (By MO&O [DA 95- 959] adopted April 26 by the Chief, Cable Services Bureau) POST-NEWSWEEK CABLE, INC. The benchmark showing made by Post-Newsweek for the price charged for the CPS tier for cable services in Odessa, Texas was not justified. Accordingly, the complaint against the cable programming service price charged by Post- Newsweek was granted. (By MO&O [DA 95- 960] adopted April 26 by the Chief, Cable Services Bureau) NORTHLAND CABLE. Granted complaints against the rates of Warner Cable in Brenham and Washington County, Texas. (By MO&O [DA 95- 972] adopted April 26 by the Chief, Cable Services Bureau) CENTURY SOUTHWEST CABLE TELEVISION, SANTA MONICA, CALIFORNIA. Granted Request for Stay of local rate order filed by Century Southwest Cable television, Santa Monica, California. (By Order [DA 95-981] adopted May 1 by the Chief, Cable Services Bureau) TELENOIS, INC. Denied in part and remanded operator's appeal of local rate order, holding that the operator must be permitted to offset overcharges with undercharges, but that it may not recover the costs of promotions by increasing other equipment rates or by reducing its refund liability. Further held that rates for A/B switches and equipment to receive audio services (DMX and FM radio) provided by the operator through its cable system are unregulated, but rates for VCR installations are subject to the Commission's actual cost rate regulations. Village of Schaumburg, Illinois. (By Order [DA 95-997] adopted May 1 by Chief, Cable Services Bureau) WARNER CABLE COMMUNICATIONS OF CINCINNATI, INC. Remanded operator's appeal of local rate order (based on FCC Form 1200), for further proceedings consistent with Bureau's order resolving earlier appeal of local rate order (based on FCC Form 393). Held that City's ruling that the community service fee paid by Warner is not a franchise fee was reasonable, but that the community service fee might properly be included in the per channel rates on Form 1200, depending on resolution of parties' franchise agreement disputes. Further held that local ABC affiliate carried on two channels on operator's dual-cable system might properly be counted twice for purposes of determining its per channel rates, depending on resolution of questions on remand. City of Cincinnati, Ohio. (By MO&O [DA 95-998] adopted May 1 by Chief, Cable Services Bureau)