DAILY DIGEST

Vol. 17, No. 35                                          February 23,1998

**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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NEWS RELEASES

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DOUGLAS W. WEBBINK NAMED CHIEF ECONOMIST, INTERNATIONAL BUREAU. IB. Internet URL: http://www.fcc.gov/Bureaus/International/News_Releases/1998/nrin8004.txt

BROADCAST STATION TOTALS AS OF JANUARY 31, 1998. MMB. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/News_Releases/1998/nrmm8004.txt

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PUBLIC NOTICES

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Report No: 2256. Released: February 23, 1998. PETITIONS FOR RECONSIDERATION AND CLARIFICATION OF ACTION IN RULEMAKING PROCEEDINGS.

Released: February 23, 1998. CORRECTION - TO EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS PUBLIC NOTICE RELEASED FEBRUARY 10.

Released: February 23, 1998. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - FEBRUARY 20. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt022398.pdf

Report No: 44183. Released: February 23, 1998. BROADCAST ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac980223.txt

Report No: 24183. Released: February 23, 1998. BROADCAST APPLICATIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980223.txt

Report No: 308. Released: February 23, 1998. EXPERIMENTAL ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1998/pnet8003.txt

Released: February 23, 1998. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS. Contact: Barbara Lowe at(202) 418-0310. Internet URL: http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/1998/ex980223.html

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TEXTS

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ACCIPITER COMMUNICATIONS, INC. Denied Accipiter Communications, Inc.'s petition requesting a waiver of Sections 36.611 and 36.612 of the Commission's rules to enable it to receive high cost loop support immediately. Action by Chief, Accounting and Audits Division. Adopted: February 19, 1998. by Order. (DA No. 98-334). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980334.txt

MARCUS CABLE ASSOCIATES, L.P. Granted complaints filed against the cable programming service tier rates charged by Marcus Cable Associates, L.P. in Columbus, Indiana. Found Operato's refund plan for prior order unacceptable and ordered Marcus Cable Associates, L.P. to pay refunds to subscribers. Action by Deputy Bureau Chief. Adopted: February 20, 1998. by Order. (DA No. 98-340). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980340.txt

MARCUS CABLE ASSOCIATES, L.P. Granted complaints filed against the cable programming service tier rates charged by Marcus Cable Associates, L.P. in Bartholomew, Indiana. Found Operator's refund plan for prior order unacceptable and ordered Marcus Cable Associates, L.P. to pay refunds to subscribers. Action by Deputy Bureau Chief. Adopted: February 20, 1998. by Order. (DA No. 98-341). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980341.txt

ADDENDA: The following items, released February 20, 1998, did not appear in Digest No. 34:

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NEWS RELEASES

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FCC FILINGS.

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PUBLIC NOTICES

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Report No: 1171. Released: February 20, 1998. CABLE TELEVISION SERVICE REGISTRATIONS; SPECIAL RELIEF AND OTHER FILINGS.

Report No: 44182. Released: February 20, 1998. BROADCAST ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac980220.txt

Report No: 24182. Released: February 20, 1998. BROADCAST APPLICATIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980220.txt

Report No: 325. Released: February 20, 1998. MASS MEDIA BUREAU CALL SIGN ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Call_Sign_Changes/pnmm8024.txt

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TEXTS

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U S WEST COMMUNICATIONS, INC. Granted U S West's petition for waiver of sections 69.110, 69.111, and 69.112 of the Commission's Rules to permit it to introduce two new rate elements in connection with the use of its Synchronous Service Transport (SST) for switched service. Action by Bureau Chief. Adopted: February 19, 1998. by MO&O. (DA No. 98-330). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980330.txt

BEEHIVE TELEPHONE COMPANY, INC. Approved the modified refund plan submitted by Beehive Telephone Company, Inc. and Beehive Telephone, Inc. of Nevada for issuing refunds of overcharges to its premium and non-premium local switching customers during the period of August 6, 1997 through December 31, 1997. Dkt No.: CC- 97-237. Action by Chief, Competitive Pricing Division. Adopted: February 20, 1998. by Order. (DA No. 98-333). CCB

LCI TELECOM CORP. Granted the Competitive Telecommunications Assocation's and the National Association of State Utility Consumer Advocates motions seeking an extension of time to file comments regarding LCI Telecom Corp.'s petition for declaratory rulings proposing that the Regional Bell Operating Companies be allowed "Fast Track" entry into the long distance market if they agree to separate their retail and wholesale activities; comment deadline extended to March 23; reply deadline extended to April 22. Dkt No.: CC- 98-5. Action by Chief, Policy and Program Planning Division. Adopted: February 20, 1998. by Order. (DA No. 98-339). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980339.txt

PAYSON, AZ. Effective April 6, 1998, amended Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to allot FM Channel 257A to Payson, Arizona, as that community's third local FM transmission service; terminated proceeding. Dkt No.: MM- 97-125. Action by Chief, Allocations Branch, Policy and Rules Division. Adopted: February 11, 1998. by R&O. (DA No. 98-288). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da980288.txt

NASSAWADOX, VA. Dismissed petition for rule making filed by Ken Robol proposing allotment of Channel 252A to Nassawadox, Virginia, as the community's first local aural transmission service; terminated proceeding. Dkt No.: MM- 97-189. Action by Chief, Allocations Branch, Policy and Rules Division. Adopted: February 11, 1998. by R&O. (DA No. 98-285). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da980285.txt

COARSEGOLD, CA. Effective April 6, 1998, amended Section 73.202(b) of the Commission's Rules, the Table of FM Allotments, to allot Channel 233A to Coarsegold, California, as the community's first local aural transmission service; terminated proceeding. Dkt No.: MM- 97-209. Action by Chief, Allocations Branch, Policy and Rules Division. Adopted: February 11, 1998. by R&O. (DA No. 98-286). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da980286.txt

SMITH MILLS, KY. Proposed amending FM Table to allot Channel 233A at Smith Mills, Kentucky, as that community's first local aural transmission service. Comments due April 13; replies April 28. Dkt No.: MM- 98-19. Action by Chief, Allocations Branch, Policy and Rules Division. Adopted: February 11, 1998. by NPRM. (DA No. 98-290). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/da980290.txt

MACON AND HAMPTON, GA. Proposed amending FM Table to reallot Channel 300C1 from Macon to Hampton, Georgia, as the community's first local aural service, and to modify the petitioner's (U.S. Broadcasting Limited Partnership) license for Station WPEZ accordingly. Comments due April 13; replies April 28. Dkt No.: MM- 98-18. Action by Chief, Allocations Branch, Policy and Rules Division. Adopted: February 11, 1998. by NPRM. (DA No. 98-289). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/da980289.txt

ARCADIA AND FORT MEAD, FL. Effective April 6, 1998, amended Section 73.202(b) of the Commission's Rules, the Table of FM Allotments to reallot Channel 252C2 from Arcadia, Florida, to Fort Meade, Florida, as Fort Meade's first local aural transmission service and modify license of Station WWRZ accordingly; terminated proceeding. Dkt No.: MM- 97-159. Action by Chief Allocations Branch, Policy and Rules Division. Adopted: February 11, 1998. by R&O. (DA No. 98-287). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da980287.txt

ENERGY.COM CORPORATION. Found that Energy.com Corporation is an exempt telecommunications company (ETC), as that term is defined in the Public Utility Holding Company Act of 1935 Section 34(a)(1), as amended; granted Energy.com Corporation Communication's, Inc.'s application for determination of ETC status. Action by Deputy General Counsel. by Letter. (DA No. 98-311). OGC

MCLEODUSA, INCORPORATED. Found that McLeodUSA, Incorporated is an exempt telecommunications company (ETC), as that term is defined in the Public Utility Holding Company Act of 1935 Section 34(a)(1), as amended, and granted McLeodUSA, Incorporated's application for a determination of ETC status. Action by Deputy General Counsel. by Letter. (DA No. 98-310). OGC

ADDENDA: The following items, released February 19, 1998, did not appear in Digest No. 33:

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PUBLIC NOTICES

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Released: February 19, 1998. ERRATUM TO COMMON CARRIER BUREAU'S COMPETITIVE PRICING DIVISION PUBLIC NOTICE RELEASED FEBRUARY 19, 1998.

Report No: CCB/CPD-98-7. Released: February 19, 1998. PROTESTED TARIFF TRANSMITTALS ACTIONS TAKEN. (DA No. 98-318). Contact: Judith Nitche at (202) 418-1540. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980318.txt

Report No: D-973-A. Released: February 19, 1998. MASS MEDIA BUREAU MULTIPOINT DISTRIBUTION SERVICE APPLICATIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/MDS_Notices/md980219.pdf

Report No: D-973. Released: February 19, 1998. MASS MEDIA BUREAU MULTIPOINT DISTRIBUTION SERVICE APPLICATIONS ACCEPTED FOR FILING. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/MDS_Notices/md980219.pdf

Report No: CWS-98-20. Released: February 19, 1998. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS INFORMATION.