DAILY DIGEST

Vol. 16, No. 189                                         September 30,1997

**Before an entry denotes that the item is part of the FCC's implementation of the 1996 Telecom Act. While we will attempt to flag all Telecom Act-related items, this marking is unofficial and informational only.

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PUBLIC NOTICES

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Released: September 30, 1997. ANNOUNCEMENT OF THE ENTITIES DESIGNATED BY THE FCC AS U.S. CERTIFIED ACCOUNTING AUTHORITIES. (DA No. 97-2107). Contact: Regina W. Dorsey, Chief, Billings & Collections Branch, Financial Operations Division at (202) 418-1995.

Released: September 30, 1997. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - DOMINANT CARRIERS - SEPTEMBER 29. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Dominant/d092997.pdf

Released: September 30, 1997. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - NON-DOMINANT CARRIERS - SEPTEMBER 29. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Non-Dominant/nd092997.pdf

Released: September 30, 1997. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG INFORMATIONAL TARIFFS - OPERATOR SERVICE PROVIDERS - SEPTEMBER 29. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/Operator/os092997.pdf

Report No: 2230. Released: September 30, 1997. OFFICE OF PUBLIC AFFAIRS REFERENCE OPERATIONS DIVISION PETITIONS FOR RULEMAKING FILED.

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TEXTS

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TIME WARNER INC. Denied Petition for Special Relief in File No. CSR-4998-X seeking permanent waiver of the Commission's broadcast/cable cross-ownership rule. Action by Bureau Chief. Adopted: September 26, 1997. by MO&O. (DA No. 97-2105). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da972105.txt

CABLEVISION. Dismissed complaints concerning the rates charged for basic programming services tier in Smithtown, NY because the complaints concerned a la carte and equipment rates that are outside the jurisdiction of the FCC. Action by Chief, Financial Analysis and Compliance Division. Adopted: September 29, 1997. by Order. (DA No. 97-2114). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da972114.txt

MONROE CABLEVISION, INC. Denied complaint filed against Monroe Cablevision, Inc. concerning its rate increase for cable programming service tier in Monroe, MI. Action by Chief, Financial Analysis and Compliance Division. Adopted: September 29, 1997. by Order. (DA No. 97-2111). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da972111.txt

HARBOR VUE CABLE TV, INC. D/B/A ADELPHIA CABLE COMMUNICATIONS. Granted a complaint filed against the rates charged for cable programming services tier in the Town of Portland, New York. Found cable programming services tier rates unreasonable beginning July 15, 1994 through September 30, 1995. Action by Bureau Chief. Adopted: September 29, 1997. by Order. (DA No. 97-2116). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da972116.txt

MARCUS CABLE PARTNERS, L.P. Denied a complaint filed against the rates charged for cable programming services tier in the City of Adams. Found cable programming services tier rates reasonable begining June 1, 1996. Action by Chief, Financial Analysis and Compliance Division. Adopted: September 29, 1997. by Order. (DA No. 97-2115). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da972115.txt

JONES COMMUNICATIONS OF VIRGINIA, INC. Denied complaints concerning the cable programming services tier rates charged by Jones Communications of Virginia, Inc. in Prince William and Manassas, VA. Found cable programming services tier rates reasonable from September 1, 1993 to May 14, 1994. Action by Chief, Financial Analysis and Compliance Division. Adopted: September 29, 1997. by Order. (DA No. 97-2106). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da972106.txt

FRONTIERVISION OPERATING PARTNERS, L.P. Granted Operator's request for small system relief and denied a complaint concerning the cable programming services tier rates charged by FrontierVision in Wellston, OH. Action by Chief, Financial Analysis and Compliance Division. Adopted: September 29, 1997. by Order. (DA No. 97-2100). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1997/da972100.txt

AMERICAN TOWER SYSTEMS, INC. Granted American Tower Systems, Inc.'s (ATS) application requesting authority to assign the Section 214 authorization of MicroNet, Inc. to ATS. Action by Chief, Telecommunications Division. Adopted: September 25, 1997. by MO&O & Auth. (DA No. 97-2092). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1997/da972092.txt

ACCESS NETWORK SERVICES, INC. Granted application of Tel-Save, Inc. and Access Network Services, Inc. (ANSI) to transfer control of ANSI's parent corporation, Shared Technologies Fairchild, Inc., to Tel-Save Holdings, Inc., parent company of Tel-Save. Action by Chief, Telecommunications Division. Adopted: September 24, 1997. by MO&O & Auth. (DA No. 97-2079). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1997/da972079.txt

EXCEL TELECOMMUNICATIONS, INC./TELCO HOLDINGS, INC. LONG DISTANCE WHOLESALE CLUB. Granted application Excel Communications, Inc. and Telco Communications Group, Inc. to transfer control of EXCEL and Telco to a new holding company, New RES, Inc. Action by Chief, Telecommunications Division. Adopted: September 25, 1997. by MO&O & Auth. (DA No. 97-2091). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1997/da972091.txt

FAIRCOM FLINT, INC. Granted license renewal appliations of Faircom Flint, Inc. for Stations WFNT(AM)/WCRZ(FM), Flint, MI. However because the licensee's overall EEO efforts are deficient, license grant is subject to an admonishment, reporting conditions, and a Notice of Apparent Liability for $11,000. Action by the Commission. Adopted: September 23, 1997. by MO&O &NAL. (FCC No. 97-337). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fcc97337.txt

WLMT(TV), MEMPHIS, TN AND WMTU(TV), JACKSON, TN. Issued Notice of Apparent Liability for Forfeiture of $12,500 to Television Marketing Group of Memphis, Inc., licensee of Stations WLMT(TV), Memphis, TN and WMTU(TV), Jackson, TN, for repeated violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming; granted Television Marketing Group's license renewal applications for Stations WLMT(TV) and WMTU(TV). Action by Bureau Chief. Adopted: September 29, 1997. by NAL. (DA No. 97-2109). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/da972109.txt

WTTK(TV), KOKOMO, IN AND WTTV(TV), BLOOMINGTON, IN. Issued Notice of Apparent Liability for Forfeiture of $15,000 to River City License Partnership, Licensee of WTTK(TV), Kokomo, IN, and WTTV(TV), Bloomington, IN, for repeated violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming; granted River City License Partnership's license renewal applications for Statiosn WTTK(TV) and WTTV(TV). Action by Bureau Chief. Adopted: September 29, 1997. by NAL. (DA No. 97-2108). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Notices/1997/da972108.txt

ADDENDA: The following items, released September 29, 1997, did not appear in Digest No. 188:

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NEWS RELEASES

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COMPLIANCE AND INFO ACTION - COMMISSION MODIFIES EMERGENCY ALERT SYSTEM REQUIREMENTS FOR CABLE SYSTEMS. On September 24, 1997, the Commission adopted a Second Report and Order which modifies Emergency Alert System (EAS) requirements as they apply to wired and wireless cable systems. Report No: CI 97-10. by 2nd R&O. Adopted: September 24, 1997. (FCC No. 97-338) CIB Contact: EAS staff at (202) 418-1220. Internet URL: https://www.fcc.gov/Bureaus/Compliance/News_Releases/1997/nrci7014.txt

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PUBLIC NOTICES

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Released: September 29, 1997. COMMON CARRIER BUREAU ANNOUNCES PROCEDURES FOR STATES REGARDING LIFELINE CONSENTS, ADOPTION OF INTRASTATE DISCOUNT MATRIX FOR SCHOOLS AND LIBRARIES, AND DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS. (DA No. 97-1892). Contact: Kim Parker at (202) 417-7393. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1997/da971892.txt

Report No: 44086. Released: September 29, 1997. BROADCAST ACTIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac970929.txt

Report No: 24086. Released: September 29, 1997. BROADCAST APPLICATIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap970929.txt

Report No: 24086A. Released: September 29, 1997. BROADCAST APPLICATIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/pnmm7200.txt

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TEXTS

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FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE. Denied MobileMedia's request for waiver or substantial reduction of the universal service constribution requirement contained in section 54.703 of the Commission's rules. Dkt No.: CC- 96-45, CC- 97-21. Action by Chief, Accounting and Audits Division. Adopted: September 29, 1997. by Order. (DA No. 97-2061). CCB

BEYEL BROTHERS, INC. Concluded that Beyel Brothers, Inc. is liable for monetary forfeiture in the amount of $8,000 for willful violation of Section 301 of the Communications Act; ordered Beyel Brothers to pay forfeiture. Action by Acting Bureau Chief. Adopted: September 25, 1997. by MO&O. (DA No. 97-2085). CIB Internet URL: https://www.fcc.gov/Bureaus/Compliance/Orders/1997/da972085.txt

PRIVATE LAND MOBILE STATION KNDH363. Denied Motorola, Inc.'s Petition for Reconsideration requesting cancellation or mitigation of the monetary forfeiture issued against Station KNDH363 for violation of Sections 17.48, 17.50 and 17.51 of the Commission's rules; found that forfeiture for $5,000 is warranted and ordered Motorola to pay. Action by Acting Bureau Chief. Adopted: September 24, 1997. by MO&O. (DA No. 97-2084). CIB Internet URL: https://www.fcc.gov/Bureaus/Compliance/Orders/1997/da972084.txt

AMENDMENT OF THE COMMISSION'S RULES REGARDING THE EMERGENCY BROADCAST SYSTEM. Modified the Emergency Alert System requirements as they apply to wired and wireless cable systems. Dkt No.: FO- 91-301, FO- 91-171. Action by the Commission. Adopted: September 24, 1997. by R&O. (FCC No. 97-338). CIB Internet URL: https://www.fcc.gov/Bureaus/Compliance/Orders/1997/fcc97338.txt

WUSA(TV), WASHINGTON, DC. Denied Application for Review filed by the Ukrainian American Community Network which sought review of the April 12, 1996, decision by the Mass Media Bureau denying its petition for reconsideration of the Bureau's action on UACN's complaint against WUSA(TV), Washington, D.C. (licensed to The Detroit News, Inc.). Action by the Commission. Adopted: September 22, 1997. by MO&O. (FCC No. 97-333). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fcc97333.txt

BDPCS, INC. Denied in part and granted in part BDPCS Inc.'s Petition for Reconsideration seeking reconsideration of an MO&O of the Wireless Telecommunications Bureau denying BDPCS's request for waiver of the Commission's down payment rule. Action by the Commission. Adopted: August 20, 1997. by MO&O. (FCC No. 97-300). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1997/fcc97300.txt

PORTER COMMUNICATIONS, INC. Dismissed as moot Porter Communications, Inc.'s Petition for Reconsideration filed on April 12, 1996 regarding Station KNKP407. Action by Chief, Commercial Wireless Division. Adopted: September 29, 1997. by Order. (DA No. 97-1920). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1997/da971920.txt