DAILY DIGEST

Vol. 17, No. 40                                              March 2,1998

**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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INTERNATIONAL ACTION - TRANSFER OF ORION NETWORK SYSTEMS TO LORAL SPACE AND COMMUNICATIONS APPROVED. Report No: IN 98-8. News Media Contact: Rosemary Kimball (202) 418-0500. IB Contact: Karl Kensinger at (202) 418-0773. Internet URL: https://www.fcc.gov/Bureaus/International/News_Releases/1998/nrin8007.txt

CHARLES W. (BUCK) LOGAN NAMED CHIEF, POLICY & RULES DIVISION, MASS MEDIA BUREAU. MMB. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/News_Releases/1998/nrmm8006.txt

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PUBLIC NOTICES

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Released: March 2, 1998. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - FEBRUARY 27. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt022798.pdf

Report No: 44188. Released: March 2, 1998. BROADCAST ACTIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac980302.txt

Report No: 24188. Released: March 2, 1998. BROADCAST APPLICATIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980302.txt

Released: March 2, 1998. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS (1 OF 2). Contact: Barbara Lowe at (202) 418-0310. Internet URL: https://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/1998/exa80302.html

Released: March 2, 1998. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS (2 OF 2). Contact: Barbara Lowe at (202) 418-0310. Internet URL: https://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Exparte/1998/exb80302.html

Report No: 2259. Released: March 2, 1998. OFFICE OF PUBLIC AFFAIRS REFERENCE OPERATIONS DIVISION PETITIONS FOR RULEMAKING FILED.

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TEXTS

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GUADALUPE VALLEY TELEPHONE COOPERATIVE. Granted Guadalupe Valley Telephone Cooperative, Inc.'s petition requesting a change in the local access and transport area (LATA) association for the Waelder exchange from the Corpus Christi LATA to the San Antonio LATA. Action by Deputy Chief, Network Services Division. Adopted: March 2, 1998. by MO&O. (DA No. 98-395). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980395.txt

CABLE FRANCHISE FEES. Ordered that cable operators may "pass through" on customer bills the underpayment of franchise fee charges assessed for the period from April 6, 1995 to July 31, 1997 that resulted from the cable operators' reliance on the methodology approved in the United Cable Artists Orders, 11 FCC Rcd. 18158 (1995) (1996). Action by Deputy Bureau Chief. Adopted: February 26, 1998. by MO&O. (DA No. 98-396). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1998/da980396.txt

FALCON CABLE HOLDINGS, INC. Granted complaint filed against the cable programming service tier rate charged by Falcon Cable Holdings, Inc. in Calvert City, Kentucky, and ordered Falcon Cable Holdings, Inc. to pay refunds to subscribers. Action by Deputy Bureau Chief. Adopted: February 26, 1998. by Order. (DA No. 98-394). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1998/da980394.txt

SUBURBAN CABLE TV COMPANY, INC. Denied a complaint filed against Suburban concerning rates it charged for cable programming services in Chalfont, Pennsylvania. Action by Deputy Bureau Chief. Adopted: February 26, 1998. by Order. (DA No. 98-401). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1998/da980401.txt

TCI CABLEVISION OF OAKLAND COUNTY. Granted complaints filed against the cable programming service tier rate charged by TCI Cablevision of Oakland County in Rochester Hills, Berkley, Clawson, Ferndale, Huntington Woods, Oakland, Pleasant Ridge, Auburn Hills, Rochester and Royal Oak, Michigan beginning June 1, 1997 and ordered refunds. Dismissed complaints filed against the rates charged for cable programming service tier in Troy, Michigan, based on prior finding of effective competition in franchise area. Action by Deputy Bureau Chief. Adopted: February 25, 1998. by Order. (DA No. 98-398). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1998/da980398.txt

IDS/JONES GROWTH PARTNERS 87-A LTD. Granted complaint filed against IDS/Growth Partners 87-A Ltd. concerning its charges for cable programming service tier in Roseville, California. Action by Deputy Bureau Chief. Adopted: February 25, 1998. by Order. (DA No. 98-389). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1998/da980389.txt

TCI OF ILLINOIS D/B/A TELENOIS, INC. Granted complaint filed against the cable programming service tier rate charged by TCI of Illinois d/b/a Telenois, Inc. in Northbrook Village, Illinois, beginning June 1, 1997 and ordered refunds. Action by Deputy Bureau Chief. Adopted: February 25, 1998. by Order. (DA No. 98-397). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1998/da980397.txt

C-TEC CABLE SYSTEMS OF MICHIGAN, INC. Denied complaints filed against rates charged by C-TEC Cable Systems of Michigan, Inc. for both cable programming services tiers in various communities in Michigan. Action by Deputy Bureau Chief. Adopted: February 25, 1998. by Order. (DA No. 98-388). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1998/da980388.txt

CABLEVISION OF THE MIDWEST, INC AND TELERAMA, INC. D/B/A CSC/VTV OHIO. Denied complaints filed against the cable programming services tier rates charged by Cablevision of the Midwest, Inc. and the City of Lyndhurst, Ohio. Action by Deputy Bureau Chief. Adopted: February 26, 1998. by Order. (DA No. 98-410). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1998/da980410.txt

MULTITECHNOLOGY SERVICES, L.P. Granted application of Cable Plus Holding Co. and MultiTechnology Services, L.P. (MTS) requesting authority for MTS to provide resold international communications services, and to transfer control of MTS to Cable Plus; authorized MTS to provide resold international communications services and authorized transfer of cotnrol fo MTS to Cable Plus. Action by Chief, Telecommunications Division. Adopted: February 27, 1998. by MO&O and Auth. (DA No. 98-374). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1998/da980374.txt

COMSAT CORPORATION. Granted, subject to terms and conditions, Comsat's application to participate in the launch and test program of the INTELSAT VIII-A (F-6) satellite. Action by Chief, Satellite and Radiocommunication Division. Adopted: February 27, 1998. by Order & Auth. (DA No. 98-418). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1998/da980418.txt

S.V.V.SALES, INC. AND USTEL, INC. Granted applications of S.V.V. Sales, Inc. d/b/a Arcada Communications (SVV) and UStel, Inc., requesting authority to assign UStel's Section 214 authorization to another entity to be called UStel and to transfer control of SVV to the new UStel (UStel-new); authorized the assignment of UStel's Section 214 authorization from UStel to UStel-new and authorized transfer of control of SVV to UStel-new. Action by Chief, Telecommunications Division. Adopted: February 27, 1998. by MO&O and Auth. (DA No. 98-382). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1998/da980382.txt

LORAL SPACE & COMMUNICATION LTD. AND ORION NETWORK SYTEMS, INC. INTERNATIONAL PRIVATE SATELLITE PARTNERS, L.P. D/B/A ORION ATLANTIC, L.P. Granted the applications of Loral Space & Communications LTd. and Orion Network Systems, Inc. to transfer control of Orion to Loral Ltd. Action by Bureau Chief. Adopted: February 26, 1998. by Order & Auth. (DA No. 98-409). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1998/da980409.txt

KPLR-TV, ST. LOUIS, MO. Issued a Notice of Apparent Liability for Forfeiture for $20,000 to Koplar Communications Television, L.L.C., Licensee of KPLR-TV, St. Louis, Missouri, for repeated violations of the Commission's rule limiting the amount of commercial matter that may be aired during children's programming; granted license renewal application of Koplar Communications Television for station KPLR-TV, St. Louis, Missouri. Action by Bureau Chief. Adopted: February 27, 1998. by Letter. (DA No. 98-383). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/da980383.txt

ADDENDA: The following items, released February 27, 1998, did not appear in Digest No. 39:

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NEWS RELEASES

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CHAIRMAN WILLIAM E. KENNARD RECEIVES ALLIANCE FOR PUBLIC TECHNOLOGY PIONEER AWARD; OUTLINES GUIDELINES FOR BANDWIDTH. OPA. Internet URL: https://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1998/nrmc8018.html

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PUBLIC NOTICES

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Released: February 27, 1998. STATE FORWARD-LOOKING COST STUDIES FOR FEDERAL UNIVERSAL SERVICE SUPPORT CC DOCKET NOS. 96-45 AND 97-160. (DA No. 98-217). Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980217.pdf

Released: February 27, 1998. PROPOSED SECOND QUARTER 1998 UNIVERSAL SERVICE CONTRIBUTION FACTORS ANNOUNCED CC DOCKET NO: 96-45. (DA No. 98-413). Contact: Frances Downey, Universal Service Branch, Accounting and Audits Division at (202) 418-7400. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html

Released: February 27, 1998. COMMON CARRIER BUREAU - SBC COMMUNICATIONS INC. AND SOUTHERN NEW ENGLAND TELECOMMUNICATIONS CORPORATION (SNET) SEEK FCC CONSENT FOR A PROPOSED TRANSFER OF CONTROL - PLEADING CYCLE ESTABLISHED - CC DOCKET NO. 98-25.Petitions/Comments due March 30; replies April 29. (DA No. 98-381). Contact: Elizabeth S. Nightingale, Policy and Program Planning Division at (202) 418-1580. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980381.txt

Released: February 27, 1998. OET PROTOTYPE ELECTRONIC FORM 731. Contact: Sandra Haase at (301) 725-1585 Ext. 207 or George Tannahill at (301) 725-1585 ext. 237. Internet URL: https://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1998/pnet8006.txt

Released: February 27, 1998. IN THE MATTER OF BOOTH, FRERET, IMLAY & TEPPER, P.C., REQUEST FOR A NOTICE OF VIOLATION AND/OR RESCISSION OF EXPERIMENTAL LICENSE FOR VELTEK INDUSTRIES, INC. (RESTRICTED PROCEEDING). Contact: Paul Marrangoni at (202) 418-2425. Internet URL: https://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1998/pnet8005.txt

Report No: LB-98-26. Released: February 27, 1998. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS SERVICE INFORMATION. Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/pnwl8017.txt

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TEXTS

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WORLDCOM, INC. AND MCI COMMUNICATIONS CORPORATION. Granted Simply Internet's, Bell South's and Telstra's requests that the Commission establish an additional pleading cycle to allow interested parties to comment on the Joint Reply of WorldCom and MCI to Petitions to Deny and Comments filed January 26, 1998; dismissed Telstra's Motion to Extend Date for Reply Comments Regarding GTE Motion to Dismiss; comments due March 13; replies March 20. Dkt No.: CC- 97-211. Action by Bureau Chief. Adopted: February 27, 1998. by Order. (DA No. 98-384). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980384.txt

ERRATUM. Corrected Common Carrier Bureau's Order of Forfeiture concerning Long Distance Services, Inc, released February 25, 1998. Action by Chief, Formal Complaints and Investigations Branch, Enforcement Division. Adopted: February 27, 1998. by Erratum. (DA No. 98-363). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/er980363.txt

DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS PURSUANT TO SECTION 214(E)(6) OF THE COMMUNICATIONS ACT. Individually designated Fort Mojave Telecommunications, Inc., Gila River Telecommunications, Inc., San Carlos Telecommunications, Inc., and Tohono O'odham Utility Authority as eligible telecommunications carriers pursuant to section 214(e)(6) of the Communications Act. Action by Bureau Chief. Adopted: February 27, 1998. by MO&O. (DA No. 98-392). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980392.pdf

DERUYTER AND CHITTENANGO, NY. Proposed amending FM Table to reallot Channel 286B from DeRuyter to Chittenango, New York, as the community's first local aural transmission service, and modifying Station WVA's license accordingly. Comments due April 20; replies May 5. Dkt No.: MM- 98-22. Action by Chief, Allocations Branch, Policy and Rules Division. Adopted: February 18, 1998. by NPRM. (DA No. 98-326). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/da980326.txt

SUSQUEHANNA, PA AND WALTON, NY. Dismissed petition for rule making filed by KG Broadcasting, Inc., licensee of Station WKGB-FM, Channel 223A, Susquehanna, Pennsylvania; terminated proceeding. Dkt No.: MM- 97-161. Action by Chief, Allocations Branch, Policy and Rules Division. Adopted: February 18, 1998. by R&O. (DA No. 98-323). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da980323.txt

WESTLINK LICENSEE CORPORATION. Denied Westlink Licensee Corporation's petition for reconsideration of the grant by the Licensing and Technical Analysis Branch (formerly Narrowband Branch) of its application for a paging facility on frequency 931.2125 MHz at Mirando City, Texas. Action by Chief, Commercial Wireless Division. Adopted: February 27, 1998. by Order. (DA No. 98-332). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1998/da980332.txt

LOS ANGELES CELLULAR TELEPHONE COMPANY. Granted Los Angeles Cellular Telephone Company's renewal application for Station KNKA351 to provide Domestic Public Cellular Radio Telecommunications Service for frequency block A in the Los Angeles, California, Metropolitan Service Area; denied Pacific West's Petition; dismissed as moot L.A. Cellular's Motion to Strike and Pacific West's Motion for Leave. Action by Chief, Commercial Wireless Division. Adopted: February 27, 1998. by Order. (DA No. 98-411). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1998/da980411.txt

FURTHER ERRATUM TO REPORT AND ORDER AND SECOND NOTICE OF PROPOSED RULE MAKING. Corrected a portion of the final rules adopted in the Report and Order and Second Notice of Proposed Rule Making in the proceeding FCC 97-391 (released November 3, 1997), 12 FCC Rcd 18600 (1997), "Amendment of the Commission's rules Regarding the 37.0-38.6 GHz and 38.6-40.0 GHz Bands/Implementation of Section 309(j) of the Communications Act -- Competitive Bidding, 37.0-38.6 GHz and 38.6-40.0 GHz. Dkt No.: ET- 95-183, PP- 93-253. Action by Bureau Chief. by Further Erratum. (DA No. 98-362). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1998/da980362.txt

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The following items are corrections from previous Daily Digests.

Correction to News Release in February 27 Daily Digest (released February 26) - "Florida Criminal Conviction in Unlicensed Radio Broadcasting Case." Initials following the news release should have read "CIB," not "MMB".