DAILY DIGEST

Vol. 17, No. 146                                              July 30,1998

**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: July 30, 1998. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILINGS IN PERMIT-BUT-DISCLOSE PROCEEDINGS. Contact: Barbara Lowe, Office of the Secretary, at (202) 418-0310.

Released: July 30, 1998. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG - JULY 29. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt072998.pdf

Report No: N-78-A. Released: July 30, 1998. COMMON CARRIER NETWORK SERVICES APPLICATIONS FILED UNDER RULES PART 68 - CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK. Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/Part68_Actions/30jul98r.txt

Report No: I-8324. Released: July 30, 1998. OVERSEAS COMMON CARRIER SECTION 214 APPLICATIONS ACTIONS TAKEN. (DA No. 98-1514). Internet URL: http://www.fcc.gov/Bureaus/International/Public_Notices/1998/da981514.txt

Report No: 44294. Released: July 30, 1998. BROADCAST ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac980730.txt

Report No: 24294. Released: July 30, 1998. BROADCAST APPLICATIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap980730.txt

Report No: D-996-B. Released: July 30, 1998. MASS MEDIA MULTIPOINT DISTRIBUTION SERVICE APPLICATIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/MDS_Notices/md980730.pdf

Report No: CWS-98-43. Released: July 30, 1998. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS INFORMATION.

Released: July 30, 1998. WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT ON REQUEST FOR AN EMERGENCY DECLARATORY RULING FILED REGARDING WIRELESS ENHANCED 911 RULEMAKING PROCEEDING.On July 20, 1998, the State of California 9-1-1 Program Manager filed a request for an emergency declaratory ruling in the wireless Enhanced 911 (E911) rulemaking proceeding seeking a ruling regarding certain issues related to the implementation of E911 Phase I requirements. Comments due August 14, 1998; replies August 24, 1998. (DA No. 98-1504). Dkt No.: CC- 94-102. Contact: Won Kim, Policy Division at (202) 418-1310. Internet URL: http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da981504.wp

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TEXTS

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THE WESTERN UNION TELEGRAPH COMPANY V. THE MOUNTAIN STATES TELEPHONE COMPANY, NORTHWESTERN BELL TELEPHONE COMPANY, AND PACIFIC NORTHWEST BELL TELEPHONE COMPANY. Granted Western Union Telegraph Company's (now known as New Valley Corporation's) motion to dismiss with prejudice its complaint against the Mountain States Telephone Commpany, Northwestern Bell Telephone Company, and Pacific Northwest Bell Telephone Company regarding defendants' rates for voice grade channel termination and for metallic channel terminations; dismissed complaint with prejudice; terminated proceeding. Action by Chief, Formal Complaints and Investigations Branch, Enforcement Division. Adopted: July 29, 1998. by Order. (DA No. 98-1510). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da981510.wp

TELERAMA, INC. Granted application for review filed by City of Euclid, OH, regarding inclusion of francise fees collected from subscribers in cable operator's gross revenues. Action by the Commission. Adopted: July 24, 1998. by MO&O. (FCC No. 98-173). CSB Internet URL: http://www.fcc.gov/Bureaus/Cable/Orders/1998/fcc98173.wp

KSLD(AM)/KKIS-FM, SOLDOTNA, AK. Issued Notice of Apparent Liability for Forfeiture of $10,000 each to King Broadcasters, Inc., and KSMRI, Inc., for willful and repeated violation of Section 310(d) of the Communications Act and Section 73.3540 of the Commission's Rules. Granted assignment applications for stations KSLD(AM)/KKIS-FM, Soldotna, AK, from King Broadcasters, Inc. to Chester P. Coleman. Action by Bureau Chief. Adopted: July 29, 1998. by NAL - Letter. (DA No. 98-1509). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da981509.wp

ADDENDA: The following items, released July 29, 1998, did not appear in Digest No. 145:

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NEWS RELEASES

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WIRELESS TELECOMMUNICATIONS ACTION - FCC ADOPTS RULES PROMOTING COMMERCIAL USE OF 47 GHZ BAND (ET DOCKET NO. 94-124, WT DOCKET NO. 98-136) - REPORT NO. WT 98-22. The Commission recently adopted a Memorandum Opinion and Order (Reconsideration Order) and Notice of Proposed Rulemaking (Notice) representing the next step in the commercial utilization of the 47.2-48.2 GHz frequency band (47 GHz band). Action by the Commission, June 30, 1998, by Memorandum Opinion and Order on Reconsideration and Notice of Proposed Rulemaking (FCC 98-142). News Media Contact: Meribeth McCarrick (202) 418-0654. WTB Contact: Stan Wiggins, Eli Johnson or Ed Jacobs at (202) 418-1310. Internet URL: http://www.fcc.gov/Bureaus/Wireless/News_Releases/1998/nrwl8031.wp

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PUBLIC NOTICES

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Report No: DS-1864. Released: July 29, 1998. FCC GRANTS 16 EARTH STATION LICENSES FOR FOREIGN -LICENSED SATELLITE SYSTEMS TO OPERATE IN THE UNITED STATES UNDER NEW RULES IMPLEMENTING 1997 WTO AGREEMENT. Contact: Linda Haller at (202) 418-0760; Sylvia Lam at (202) 418-0742. News Media Contact: Rosemary Kimball (202) 418-0500. Internet URL: http://www.fcc.gov/Bureaus/International/Public_Notices/1998/pnin8189.wp

Report No: D-996-A. Released: July 29, 1998. MASS MEDIA BUREAU MULTIPOINT DISTRIBUTION SERVICE APPLICATIONS ACTIONS. Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/MDS_Notices/md980729.pdf

Report No: 26. Released: July 29, 1998. WIRELESS TELECOMMUNICATIONS BUREAU SITE-BY-STIE ACTION. Internet URL: http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/pnwl8088.pdf

Report No: 25. Released: July 29, 1998. WIRELESS TELECOMMUNICATIONS BUREAU SITE-BY-SITE ACCEPTED FOR FILING. Internet URL: http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/pnwl8087.pdf

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TEXTS

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ERRATUM - 1998 ANNUAL ACCES TARIFF FILINGS. Corrected ordering clauses and Appendix A of MO&O released July 28, 1998, DA 98-1505. Dkt No.: CC- 98-104. Action by Chief, Competitive Pricing Division. Adopted: July 29, 1998. by Erratum. CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/er981505.wp

NORTH CAROLINA UTILITIES COMMISSION ORDER DISMISSING AND DIRECTING FILINGS. Rescinded the North Carolina Utilities Commission Orders Dismissing and Directing Filings Orders (3): DA 98-548 (released March 20, 1998), DA 98-830 (released April 30, 1998), and DA 98-1296 (released June 29, 1998). Action by Chief, Competitive Pricing Division. Adopted: July 29, 1998. by Order. (DA No. 98-1508). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da981508.wp

1998 ANNUAL ACCESS TARIFF FILINGS - SOUTHWESTERN BELL TELEPHONE COMPANY REVISIONS TO TARIFF F.C.C. NO. 73. Suspended for one day and set for investigation Southwestern Bell Telephone Company's (SWBT) Transmittal No. 2715, filed July 29, 1998; designated for investigation whether SNET has filed non-primary line counts that are reasonable, and whether Nevada Bell and SWBT properly adjusted their tariff filings to incorporate their amended non-primary line counts; discussed transitioning to the three-part tandem switched rate structure; reconsidered FCC decision to investigate the tariff revisions filed by various LECs; reconsidered FCC decision to suspend and investigate the parts of SNET's tariff filings not related to common line rates, and Nevada Bell's and SNET's tariff filings not related to the carrier common line charge; reconsidered FCC decision to suspend and investigate the tariff revisions filed by Sugar Land Telephone Company, Century Telephone Company of Ohio, ALLTEL of Missouri, and ALLTEL of Georgia. Direct Case: August 29; Oppositions/Comment: September 15; Rebuttal: September 23. Dkt No.: CC- 98-104. Action by Deputy Bureau Chief. Adopted: July 29, 1998. by MO&O/Order/Order. (DA No. 98-1512). CCB Internet URL: http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da981512.wp

STATION WIVT(TV), BINGHAMTON, NY - CONSENT TO THE ASSIGNMENT OF LICENSE AND MODIFICATION OF FACILITIES. Granted application for consent to assignment of license of WIVT(TV), Binghamton, NY, from US Broadcast Group Licensee, L.P.I. to Central NY News, Inc.; granted application for modification of the facilities of WIVT(TV); denied Ackerly Group's request for permanent waiver of the television duopoly rule to permit the common ownership of television stations WIVT(TV), Binghamton, NY and WIXT(TV), Syracuse, New York; granted Ackerly's request for a conditional waiver of the television duopoly rule to permit the common ownership by Ackerly of WIVT(TV) and WIXT(TV), subject to the outcome of the Commission's pending broadcast ownership rulemaking in MM Docket Nos. 91-221 and 87-8. Action by Chief, Video Services Division. Adopted: July 29, 1998. by MO&O. (DA No. 98-1511). MMB Internet URL: http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/da981511.wp

WORD COMMUNICATIONS. Denied Word Communications' petition for reconsideration filed June 16, 1997 seeking reconsideration of the dismissal of an application for modification to relocate its 220 MHz system, call sign WPCX328, in Macon, GA. Upheld the dismissal of the application for modification. Action by Chief, Commercial Wireless Division. Adopted: July 29, 1998. by Order. (DA No. 98-1493). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da981493.wp

ENHANCED TELECOMMUNICATIONS SERVICES, INC. Dismissed, pursuant to Enhanced Telecommunications Services, Inc.'s request, its applications for Stations KNKM562 and KNLM727 and its Petition for Partial Reconsideration concerning Station KNKM562. Action by Chief, Commercial Wireless Division. Adopted: July 29, 1998. by Order. (DA No. 98-1501). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da981501.wp

FRED DANIEL D/B/A ORION TELECOM. Denied Fred Daniel's d/b/a Orion Telecom's applications, filed January 16, 1997, to construct and operate Automated Maritime Telecommunications System stations in Denver, CO, and Tucker and Mountain Park, GA. Action by Chief, Public Safety and Private Wireless Division. Adopted: July 29, 1998. by MO&O. (DA No. 98-1507). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/da981507.wp

APC PCS LLC; COX COMMUNICATIONS, INC.; OMNIPOINT COMMUNICATIONS, INC. Granted the joint request filed by APC PCS LLC and Cox Communications, Inc. and the request filed by Omnipoint Communications, Inc. on July 28, 1998 to credit them the amount of their overpayments in interest for broadband PCS A block licenses. Commission will credit the Petitioers' overpayments against their next quarterly installment payments due on July 31, 1998. Action by the Commission. Adopted: July 29, 1998. by MO&O. (FCC No. 98-181). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98181.wp

RULES PROMOTING COMMERCIAL USE OF 47 GHZ BAND. Adopted rules regarding the use of the 47.2-48.2 GHz frequency band (47 GHz band), upholding conclusions the Commission reached in the Second Report and Order in this proceeding. Sought comment on various proposals regarding the 47 GHz band including licensing and operating rules, auctioning, and suggestions for structuring rules to take into account the Government and non-Government allocation of the band. Comments due September 21; replies October 13. Dkt No.: WT- 98-136, ET- 94-124. Action by the Commission. Adopted: June 30, 1998. by MO&O/NPRM. (FCC No. 98-142). WTB Internet URL: http://www.fcc.gov/Bureaus/Wireless/Orders/1998/fcc98142.wp

ADDENDA: The following items, released July 28, 1998, did not appear in Digest No. 144:

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PUBLIC NOTICES

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Report No: 1999. Released: July 28, 1998. WIRELESS TELECOMMUNICATIONS BUREAU WEEKLY RECEIPTS AND DISPOSALS.