DAILY DIGESTVol. 14, No. 130 July 10, 1995 --------------------------------------------------------------------------- NEWS RELEASE --------------------------------------------------------------------------- FCC CALENDAR OF EVENTS --------------------------------------------------------------------------- PUBLIC NOTICES --------------------------------------------------------------------------- BROADCAST APPLICATION - CORRECTION BROADCAST ACTION - CORRECTION NOTICE OF PERMISSIBLE EX PARTE PRESENTATIONS IN FILE NO. 1-CF-P-94; APPLICATIONS OF CELLULAR VISION OF NEW YORK FOR MODIFICATION OF LICENSE TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - July 6, 1995 TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - July 7, 1995 Report No. 23545 - BROADCAST APPLICATIONS Report No. 43545 - BROADCAST ACTIONS Report No. CL-95-113 - WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL RADIO SERVICES INFORMATION Report No. CL-95-112 - WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL RADIO SERVICE INFORMATION (over) --------------------------------------------------------------------------- TEXTS --------------------------------------------------------------------------- SAN CARLOS AND ORACLE, AZ. Effective August 24, 1995, amended FM table to substitute Channel 279A for Channel 276A at Oracle, AZ; substitute Channel 276C2 for channel 279A at San Carlos; modified CP for KCDX accordingly. (MM Docket No. 93-69 by Report & Order [DA 95-1464] adopted June 29, 1995 by the Chief, Allocations Branch, Mass Media Bureau) SALTVILLE, VA and JEFFERSON, NC. Effective August 24, 1995, amended FM table to substitute Channel 291C3 for Channel 291A at Saltville; reallotted Channel 291C3 from Saltville to Jefferson, NC; modified CP of 106.1, Inc., accordingly. (MM Docket No. 91-137 by Report & Order [DA 95-1489] adopted June 30, 1995 by the Chief, Allocations Branch, Mass Media Bureau) KLAMATH FALLS, ALTAMONT AND BUTTE FALLS, OR AND DORRIS, CA. Effective August 24, 1995, amended the FM table to allot Channel 284C1 to Klamath Falls, OR as the community's fourth local FM service; Filing window opens August 24, 1995 and closes on September 25, 1995. (MM Docket No. 94-86 by Report & Order [DA 95-1470] adopted June 29, 1995 by the Chief, Allocations Branch, Mass Media Bureau) ANDREA KESSLER V. WARNER CABLE COMMUNICATIONS ET AL. Acted on petitions filed January 9, 1995 by Andrea Kessler. (By MO&O [DA 95- 1432] adopted June 22, 1995 ) AMENDMENT OF SECTIONS 1.2001 AND 1.2002 OF THE COMMISSION'S RULES. Amended Appendix to Section 1.2001 and 1.2002 of the Commissions's Rules to correct citation to Anti-Drug Abuse Act of 1988. (By Order [DA 95-1524] adopted July 7, 1995 by the Managing Director) NANCY NALESZKIEWICZ. Denied the petition filed March 6, 1995 by the Committee for a Fair Lottery for reconsideration of denial of a construction permit Nancy Naleszkiewicz to establish a new cellular system to operate on Frequency Block A in the Domestic Public Cellular Telecommunications Radio Service to serve the Kansas -3 Rural Service area. (CC Docket No. 90-591 by Order [FCC 95-268] adopted June 26, 1995 by the Commission) JOSEPH F. RICHARD III. Granted in part the petition for reconsideration and reduced to $1,000 the monetary forfeiture for violation of the amateur radio rules. (By Order [DA 95-1500] adopted June 30, 1995 by the Chief, Compliance and Information Bureau) WILL T. BLANTON. Granted in part the petition for reconsideration and reduced to $1,000 the monetary forfeiture for violation of the amateur radio rules. (By Order [DA 95-1499] adopted June 30, 1995, by the Chief, Compliance and Information Bureau) VERNON A. PAROLI. Granted in part the petition for reconsideration and reduced to $700 the forfeiture for violation of the amateur radio rules. (By Order [DA 95- 1498] adopted June 30, 1995 by the Chief, Compliance and Information Bureau) JOHN B. GENOVESE. Granted in part the petition for reconsideration and reduced to $500 the forfeiture for violation of the amateur radio rules. (By Order [DA 95- 1497] adopted June 30, 1995 by the Chief, Compliance and Information Bureau) CELSMER. Acted on request for waiver of 47 C.F.R. Section 90.631, Loading Standards for 900 MHz SMR Licensees. (By Order [DA 95-1537] adopted July 7 by the Chief, Commercial Wireless Division, Wireless Telecommunications Bureau) GTE SOUTHWEST INCORPORATED. Granted the Joint Petition of GTE Southwest Inc., and Cap Rock Telephone Comp., Inc., for waiver of Part 36, Appendix Glossary of the Commission's Rules, definition of "study area. (By MO&O [DA 95-1051] adopted July 3, 1995 by the Chief, Accounting and Audits Division, Common Carrier Bureau) ++++++++++++ (over) CABLE SERVICES BUREAU DAILY DIGEST Released Monday, July 10, 1995 CONTINENTAL CABLEVISION OF NEW ENGLAND, INC. Remanded appeal of local rate order issued by the Town of Kittery, Maine, holding that, unless its disputes accuracy of operator's contention, franchising authority should allow operator to correct mistake, brought to authority's attention over three weeks before local order was adopted. (By MO&O [DA 95-1494] adopted July 3 by Chief, Cable Services Bureau) TCI CABLEVISION OF WASHINGTON, INC., ABERDEEN, WASHINGTON. Denied appeal of local rate order with regard to City of Aberdeen's interpretation of instructions to Form 1200, and calculation of refund liability. (By MO&O [DA 95-1495] adopted July 3 by Chief, Cable Services Bureau) TCI CABLEVISION OF WASHINGTON, INC., ISSAQUAH, WASHINGTON. Denied appeal of local rate order with regard to City of Issaquah's interpretation of instructions to Form 1200, and calculation of refund liability. Remanded appeal with regard to City's determination that mathematical error was made in completion of Form 1200. (By MO&O [DA 95-1496] adopted July 3 by Chief, Cable Services Bureau) FALCON CABLE SYSTEMS, CO. Denied to an extent the complaint against Falcon Cable Systems, Inc. for cable programming service price charged. (By MO&O [DA 95- 1443] adopted June 26, 1995 by the Chief, Financial Analysis and Compliance Division, Cable Services Bureau) HI-DESERT CABLEVISION. Granted to an extent the complaints against Hi-Desert Cablevision against the cable programming service price charged. (By MO&O [DA 95- 1421] adopted June 22, 1995 by the Chief, Cable Services Bureau) +++++++++++++++++++ ADDENDA: The following items, release July 7, 1995, did not appear on Digest No. 129. --------------------------------------------------------------------------- NEWS RELEASE --------------------------------------------------------------------------- FCC FILINGS --------------------------------------------------------------------------- PUBLIC NOTICES --------------------------------------------------------------------------- FCC ANNOUNCES NEXT MEETING TO DISCUSS ACCELERATION OF TOLL FREE 888 DATABASE; July 12, 1995, 9:00 AM, Bellcore, Room B1-B2, 2101 L Street, NW, Washington, D.C. Contact: Mary De Luca at (202) 634-1855 PLEADING CYCLE ESTABLISHED FOR COMMENT ON NYNEX'S NOTIFICATION OF ENHANCED SERVICE MARKET TRIAL, CC Docket No. 88-616; Comments due: July 28, replies: August 7; contact: Peggy Reitzel at (202) 418-1579 [DA 95-1528] Report No. SPB-17 - SATELLITE POLICY BRANCH INFORMATION: EXTENSION OF PLEADING CYCLES --------------------------------------------------------------------------- TEXTS --------------------------------------------------------------------------- TIME WARNER CABLE. Determined that the negative option billing prohibition was not violated on Florida Division Cable Systems. (By Letter [DA 95-1527] adopted July 6, 1995, by the Chief, Cable Services Bureau) VIKING DISPATCH SERVICES, INC. Denied the request for waiver filed by Viking Dispatch Services, Inc. (By Order [DA 95-1546] adopted July 7, 1995 by the Chief, Wireless Telecommunications Bureau) MDS APPLICATIONS. Disposed petitions for reconsideration of return of 728 applications for new MDS stations (By MO&Os [FCC 95-232-253] adopted June 15, 1995, by the Commission) - FCC -