DAILY DIGEST

Vol. 17, No. 70                                             April 13,1998

**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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PUBLIC NOTICES

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Released: April 13, 1998. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS. Contact: Barbara Lowe at (202) 418-0310.

Released: April 13, 1998. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - APRIL 10. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt041398.pdf

Report No: 44218. Released: April 13, 1998. BROADCAST ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac980413.txt

Report No: 24218. Released: April 13, 1998. BROADCAST APPLICATIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980413.txt

Released: April 13, 1998. OET TO PRESENT TUTORIAL ON THIRD GENERATION MOBILE SYSTEMS MAY 12, AT 1;30 P.M. IN THE COMMISSION METING ROOM. Contact: Jack Linthicum at (202) 418-2441. Internet URL: http://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1998/pnet8009.txt

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TEXTS

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MCLAUGHLIN BROADCASTING, INC. Granted must carry complaint filed by McLaughlin Broadcasting, Inc., licensee of television broadcast station WQHB (Channel 63), Sumter, South Carolina, against Winnsboro/Ridgeway Cablevision, Inc., operator of cable television system serving Winnsboro and Ridgeway, South Carolina, seeking carriage. Action by Chief, Consumer Protection and Competition Division. Adopted: April 8, 1998. by MO&O. (DA No. 98-681). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980681.txt

MCLAUGHLIN BROADCASTING, INC. Granted must-carry complaint filed by McLaughlin, Broadcasting, Inc., licnsee of television broadcast station WQHB(TV), Sumter, South Carolina, against Robin Cable Systems, L.P., operator of a cable television system serving Saluda and Saluda County, South Carolina. Action by Chief, Consumer Protection and Competition Division. Adopted: April 9, 1998. by MO&O. (DA No. 98-698). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980698.txt

TCG DALLAS, INC. V. TEXAS UTILITIES ELECTRIC COMPANY, PA 96-007. Dismissed Motion for Cease and Disist Order filed by TCG Dallas, Inc., for lack of jurisdiction. The Order finds that TCG's agreements with Texas Utilities, because they concern a utility and a telecommunications provider and were in effect prior to February 8, 1996, comprise the type of agreement specifically excluded by Congress in Section 224, as amended by the 1996 Act. Because Congress explicitly limited the Commission's jurisdiction by excluding this type of pole attachment agreement from Section 224, as amended, TCG's motion was dismissed. Action by Chief, Financial Analysis and Compliance Division. Adopted: April 10, 1998. by Order. (DA No. 98-700). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980700.txt

ADDENDA: The following items, released April 10, 1998, did not appear in Digest No. 69:

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NEWS RELEASES

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**COMMON CARRIER ACTION - COMMISSION SUBMITS REPORT TO CONGRESS ON UNIVERSAL SERVICE - REPORT NO. CC 98-9 (CC DOCKET NO. 96-45). In a Report to Congress, the Commission revisited many of its major decisions related to the implementation of the universal service provisions of the Telecommunications Act of 1996. Action by the Commission, April 10, 1998, by Report to Congress (FCC 98-67). News Media Contact: Rochelle Cohen (202) 418-0253. CCB Contact: Melissa Waksman and Pam Gallant at (202) 418-7400; Office of Plans and Policy Contact: Robert Pepper at (202) 418-2030. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1998/nrcc8031.html

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PUBLIC NOTICES

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Released: April 10, 1998. PLEADING CYCLE ESTABLISHED FOR MCI PETITION FOR DECLARATORY RULING - CC DOCKET NO. 96-45.Comments due April 24; replies May 1. (DA No. 98-682). Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980682.pdf

Report No: SPB-123A. Released: April 10, 1998. SATELLITE POLICY BRANCH INFORMATION. Internet URL: http://www.fcc.gov/Bureaus/International/Public_Notices/1998/pnin8105.txt

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TEXTS

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**REPORT TO CONGRESS ON UNIVERSAL SERVICE. Submitted Report to Congress on Universal Service, revisiting many of the Commission's major decisions related to the implementation of the universal service provisions of the Telecommunications Act of 1996. Dkt No.: 96-45. Action by the Commission. Adopted: April 10, 1998. by R&O. (FCC No. 98-67). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98067.html

IMPLEMENTATION OF THE PAY TELEPHONE RECLASSIFICATION AND COMPENSATION PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996. Clarified certain requirements set forth in the Per-phone Compensation Waiver Order, DA 98-642, adopted April 3, 1998, by the Common Carrier Bureau, which granted interexchange carriers a limited waiver of the payphone compensation requirements set forth in the Payphone Orders to enable IXCs to pay to payphone service providers per-phone instead of per-call compensation for subscriber 800 and access code calls originated from payphones when payphone-specific coding digits are not available from those payphones. Dkt No.: CC- 96-128. Action by Acting Chief, Enforcement Division. Adopted: April 10, 1998. by Order. (DA No. 98-701). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980701.txt

LONG BEACH ACQUISITION CORP. D/B/A CHARTER COMMUNICATIONS. Denied complaint filed against the rates charged by Long Beach Acquisition Corp. d/b/a Charter Communications for cable programming services tier in Long Beach, CA. Action by Chief, Financial Analysis and Compliance Division. Adopted: April 9, 1998. by Order. (DA No. 98-696). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980696.txt

LONG BEACH ACQUISITION CORP. D/B/A CHARTER COMMUNICATIONS. Dismissed in part, denied in part complaints filed against the rates Long Beach Acquisition Corp. d/b/a Charter Communications charged for cable programming services tier in Signal Hills, CA. Action by Chief, Financial Analysis and Compliance Division. Adopted: April 9, 1998. by Order. (DA No. 98-697). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1998/da980697.txt

TEMPO SATELLITE, INC. Denied EchoStar Communications Corporation's request for a two week extension of time in which to respond to Tempo Satellite, Inc.'s application to extend the deadline for commencement of operations by the Tempo DBS system. Action by Chief, Satellite and Radiocommunication Division. Adopted: April 10, 1998. by Order. (DA No. 98-703). IB

APPLICATIONS FOR CONSENT TO TRANSFER CONTROL OF TEMPO SATELLITE, INC. AND FOR CONSENT TO ASSIGNMENT OF DIRECT BROADCAST SATELLITE AUTHORIZATIONS. Adopted and changed protective order regarding the request for information from PRIMESTAR and certain of its owners to submit further information to the Commission for consideration in connection with the applications of TCI Satellite Entertainment, Inc. and PRIMESTAR, Inc. for Consent to Transfer of Control of TEMPO Satellite, Inc. and MCI Telecommunications Corporation and PRIMESTAR LHC, Inc. for Consent to Assignment of Direct Broadcast Satellite Authorizations; established pleading cycle for those parties who would like the opportunity to comment on the information contained in the documents subject to this protective order. Action by Bureau Chief. Adopted: April 9, 1998. by Order. (DA No. 98-695). IB Internet URL: http://www.fcc.gov/Bureaus/International/Orders/1998/da980695.txt

CINERGY COMMUNICATIONS, INC. Dismissed Cinergy Communications, Inc.'s application seeking a new determination of exempt telecommunications company (ETC) status under Section 1.5006(a) of the Commision's rules; Cinergy's original ETC determination continues to remain in full force. Action by Deputy General Counsel. by Letter. (DA No. 98-704). OGC

MCELROY ELECTRONICS CORPORATION. Further explained Commission's Extension Order of March 13, 1998, DA 98-503, in which Commission partially granted McElroy Electronics Corporation's Request for Extension of Time to complete construction of cellular Station KNKR320, Minneapolis-St. Paul (Market No. 15-A2); granted McElroy's request for clarification of whether a cellular carrier may use narrow beam antennas between the cardinal radials of its service area boundary to provide service outside its service area boundary; McElroy Electronics Corporation has a period of thirty days from the release date of this Order in which to complete construction of cellular Station KNKR320. Action by Acting Chief, Commercial Wireless Division. Adopted: April 10, 1998. by Order. (DA No. 98-699). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da980699.txt

RAM TECHNOLOGIES, INC. D/B/A RAMPAGE. Denied Request for Clarification or Rule Waiver of RAM Technologies, Inc. d/b/a RamPage (RAM), and dismissed RAM's application for an additional channel in the 454.44 MHz frequency. Action by Acting Chief, Commercial Wireless Division. Adopted: April 10, 1998. by Order. (DA No. 98-685). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da980685.txt

PUERTO RICO TELEPHONE COMPANY. Granted, to the extent indicated, the Supplemental Petition for Temporary Waiver filed by Puerto Rico Telephone Company on March 31, 1998, requesting a 60-day extension of the temporary waiver of Section 20.20(a) of the Commission's rules requiring that incumbent local exchange carriers establish a separate affiliate for provision of in-region broadband Commercial Mobile Radio Service. Dkt No.: WT- 96-162. Action by Acting Chief, Commercial Wireless Division. Adopted: April 10, 1998. by Order. (DA No. 98-702). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da980702.txt

ADDENDA: The following items, released April 9, 1998, did not appear in Digest No. 68:

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TEXTS

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BELL ATLANTIC TARIFF F.C.C. NO. 1 FOR PROVISION OF LONG-TERM NUMBER PORTABILITY DATABASE RELATED SERVICES. Suspended for one day and set for investigation Bell Atlantic Transmittal No. 1041, which seeks to establish rates, terms and coniditions for number portability query services. Action by Chief, Competitive Pricing Division. Adopted: April 9, 1998. by MO&O. (DA No. 98-686). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980686.txt