DAILY DIGEST

Vol. 18, No. 225                                          November 24,1999

**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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COMMISSION REAFFIRMS OVER-THE-AIR RECEPTION DEVICES ORDER. As directed by Congress in Section 207 of the Telecommunications Act of 1996, the FCC adopted the Over-the-Air Reception Devices rule concerning governmental and nongovernmental restriction on viewers' ability to receive video programming signals from direct broadcast satellite service, television broadcast stations and wireless cable video providers. by Order. Adopted: November 19, 1999. (FCC No. 99-360) News Media Contact: Michelle Russo (202) 418-2358. CSB Contact: Eloise Gore at (202) 418-7200. Internet URL: https://www.fcc.gov/Bureaus/Cable/News_Releases/1999/nrcb9019.doc

COMMISSION MANDATES DBS PUBLIC INTEREST PROGRAMMING BE AVAILABLE NATIONWIDE. The Commission adopted an Order today addressing the American Distance Education Consortium's Request for an Expedited Declaratory Ruling and informal Compalint regarding implementation of the Commission's direct broadcast satellite public interest programming rules. by Order. (FCC No. 99-367) News Media Contact: Rosemary Kimball (202) 418-0500. IB Contact: Rosalee Chiara at 9202) 418-0754 or Alyssa Roberts at (202) 418-7276. Internet URL: https://www.fcc.gov/Bureaus/International/News_Releases/1999/nrin9036.doc

FCC CALENDAR OF EVENTS. OPA. Internet URL: https://www.fcc.gov/calendar.html

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PUBLIC NOTICES

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Released: November 24, 1999. TARIFF TRANSMITAL PUBLIC REFERENCE LOG: NOV. 23. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/Tariffs/combined/tt112399.pdf

Released: November 24, 1999. CLARIFICATION OF EX PARTE STATUS FOR UNITED STATES TELEPHONE ASSOCIATON'S PETITION FOR FORBEARANCE FROM DEPRECIATION REGULATION OF PRICE CAP CARRIERS. (DA No. 99-2652). Contact: JoAnn Lucanik at (202) 418-0873, TTY (202) 418-0484. Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1999/da992652.doc

Report No: 2374. Released: November 24, 1999. PETITION FOR RECONSIDERATION AND CLARIFICATION OF ACTION IN RULEMAKING PROCEEDINGS. Internet URL: https://www.fcc.gov/Bureaus/Consumer_Information/Public_Notices/1999/pnci9002.doc

Report No: 3706. Released: November 24, 1999. CABLE SERVICES ACTION. Contact: Cable Services Bureau at (202) 418-7000.

Report No: 1255. Released: November 24, 1999. CABLE TELEVISION SERVICE REGISTRATIONS; SPECIAL RELIEF AND SHOW CAUSE PETITIONS. Internet URL: https://www.fcc.gov/Bureaus/Cable/Public_Notices/1999/pncb9015.doc

Report No: 1443. Released: November 24, 1999. CABLE TELEVISION RELAY SERVICE (CARS) APPLICATIONS RE: APPLICATIONS ACCEPTED FOR FILING. Contact: Cable Services Bureau at (202) 418-7000.

Report No: SES-00133. Released: November 24, 1999. SATELLITE COMMUNICATIONS SERVICES RE: SATELITE RADIO APPLICATIONS ACCEPTED FOR FILING. Internet URL: https://www.fcc.gov/Bureaus/International/Public_Notices/1999/pnin9536.pdf

Report No: TEL-00161S. Released: November 24, 1999. STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICTIONS CABLE LANDING LICENSE APPLICATIONS; REQUESTS TO AUTHORIZE SWITCHED SERVCES OVER PRIVATE LINES; SECTION 310(B)(4) REQUESTS. Internet URL: https://www.fcc.gov/Bureaus/International/Public_Notices/1999/pnin9537.pdf

Report No: 44619. Released: November 24, 1999. BROADCAST ACTIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Actions/ac991124.txt

Report No: 24619. Released: November 24, 1999. BROADCAST APPLICATIONS. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/Brdcst_Applications/ap991124.txt

Report No: 178. Released: November 24, 1999. INSTRUCTIONAL TV FIXED SERVICE APPLICATIONS/AMENDMENTS TENDERED FOR FILING. Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/ITFS_Notices/pnmm9284.html

Released: November 24, 1999. TOPICS FOR THE NOVEMBER 30TH TUTORIAL ON "WIRELESS ACCESS TO THE INTERNET". Contact: Jack Linthicum at (202) 418-2441 or e-mail jlinthic@fcc.gov. Internet URL: https://www.fcc.gov/Bureaus/Engineering_Technology/Public_Notices/1999/pnet9026.doc

Released: November 24, 1999. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSE ROCEEDINGS.

Report No: 385. Released: November 24, 1999. WIRELESS TELECOMMUNICATIONS BUREAU MARKET-BASED APPLICATIONS ACTION.

Report No: 384. Released: November 24, 1999. WIRELESS TELECOMMUNICATIONS BUREAU MARKET-BASED APPLICATIONS ACCEPTED FOR FILING.

Released: November 24, 1999. WIRELESS TELECOMMUNICATIONS BUREAU COMMERCIAL WIRELESS DIVISION DISMISSES APPLICATION FOR REVIEW. (DA No. 99-2642). Action by: Deputy Chief, Commercial Wireless Division. Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992642.doc

Released: November 24, 1999. WIRELESS TELECOMMUNICATIONS BUREAU APPROVES WITHDRAWAL OF PETITION FOR RECONSIDERATION. (DA No. 99-2644). Contact: Michael Samsock at (202) 418-7588. Action by: Chief, Policy and Rules Branch, Commercial Wireless Division. Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992644.wp

Released: November 24, 1999. WIRELESS TELECOMMUNICATIONS BUREAU'S COMMERCIAL WIRELESS DIVISION DISMISSES 16 PETITIONS FOR EXTENSION OF TIME. (DA No. 99-2586). Contact: Don Johnson at (202) 418-7240. Action by: Deputy Chief, Commercial Wireless Division. Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992586.doc

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SPEECHES

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REMARKS OF CHAIRMAN WILLIAM KENNARD BEFORE THE EXECUTIVE COMMITTEE, PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PERSONS WITH DISABILITIES "THE NEW FRONTIER: CIVIL RIGHTS IN THE TWENTY-FIRST CENTURY," WASHINGTON, DC, NOV. 15. Internet URL: https://www.fcc.gov/Speeches/Kennard/spwek941.html

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TEXTS

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BRISTOL BAY TELEPHONE COOPERATIVE, INC. Granted the Petition for Waiver of Section 36.621(a)(4) of the Commission's Rules filed April 14, 1999, which limits the corporate operations expense recoverable through federal universal service support. Action by Deputy Chief, Common Carrier Bureau. Adopted: November 23, 1999. by MO&O. (DA No. 99-2638). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da992638.doc

LOCAL COMPETITION PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996. Modifies Third Report and Order and Fourth FNPRM with regard to the use of unbundled network elements to provide exchange access services, responding to the Supreme Court's January 1999 decision that directed FCC to reevaluate the unbundling obligations of section 251 of the Telecommunications Act of 1996. Action by the Commission. Adopted: November 24, 1999. by Order. (FCC No. 99-370). CCB Internet URL: https://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99370.doc

BELLSOUTH PETITION FOR FORBEARANCE FOR NONLOCAL DIRECTORY ASSISTANCE SERVICES. Terminated CC Docket 99-311 and all pleadings shall be filed in CC Docket No. 97-172. Dkt No.: CC- 99-311. Action by Deputy Chief, Policy and Program Planning Division. Adopted: November 23, 1999. by Order. (DA No. 99-2619). CCB

TCI COMMUNICATIONS. Granted in part LFA's Petition for Reconsideration of DA 98-1916. Action by Acting Chief, Financial Analysis and Compliance Division. Adopted: November 18, 1999. by Order. (DA No. 99-2606). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1999/da992606.doc

RESTRICTION ON OVER-THE-AIR-RECEPTION DEVICES. Denied petitions for reconsideration and affirmed the Second Report and Order adopted by the Commission in OTARD proceeding. Dkt No.: CS- 96-83. Action by the Commission. Adopted: November 19, 1999. by Order on Recon. (FCC No. 99-360). CSB Internet URL: https://www.fcc.gov/Bureaus/Cable/Orders/1999/fcc99360.wp

AT&T-ERRATUM. Amendment to Memorandum, Opinion, Order and Authorization, DA 99-1637. Action by Chief, Telecommunications Division. Adopted: November 24, 1999. by Erratum. (DA No. 99-2575). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1999/da992575.doc

AMERICAN DISTANCE EDUCATION CONSORTIUM. Mandated DBS public interest programming be available nationwide. Action by the Commission. Adopted: November 23, 1999. by Order. (FCC No. 99-367). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1999/fcc99367.doc

CLEARWATER, FL. Denied the application for review filed August 31, 1999 by Elftherios Drettakis requesting review of a July 21, 1999 ruling by the Chief, Audio Services, Mass Media Bureau concerning assignment application for WTAN(AM). Action by the Commission. Adopted: November 19, 1999. by MO&O. (FCC No. 99-361). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99361.doc

FEES FOR ANCILLARY OR SUPPLEMENTARY USE OF DIGITAL TELEVISION SPECTRUM. Denied petitions for reconsideration of decision in proceeding implementing Section 201 of the Telecommunciations Act of 1996 which adopted Section 336 of the Communications Act of 1934, requiring broadcast television licensees to pay a fee if they provide certain types of ancillary or supplementary services on their digital television bitstream. Dkt No.: MM- 97-247. Action by the Commission. Adopted: November 19, 1999. by MO&O. (FCC No. 99-362). MMB Internet URL: https://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99362.doc

RECORDING OF PHONE CALLS-ERRATUM. Amendment to FCC 99-176 released July 16 concering Interception and Recording of Telephone Conversations by Commission Personnel. by Erratum. (DA No. 99-2625). OGC Internet URL: https://www.fcc.gov/Bureaus/OGC/Orders/1999/da992625.wp

AIRCELL, INC. Granted waiver of section 22.925 of the Commission's rules. Action by Deputy Chief. Adopted: November 24, 1999. by Order. (DA No. 99-2640). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992640.doc

PRIORITY COMMUNICATIONS, INC. Denied the Application for Review filed by on April 17, 1998 of the decision by the Licensing and Technical Branch, Commercial Wireless Division, Wireless Telecommunications Bureau to deny Priority's request for waiver of its construction deadline to add a base station in Pensacola, Florida. Action by the Commission. Adopted: November 19, 1999. by MO&O. (FCC No. 99-364). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99364.wp

FRED DANIEL D/B/A ORION TELECOM. Denied the February 19, 1999, Application for Review of a decision by the Wireless Telecommunications Bureau's Public Safety and Private Wireless Division. Action by the Commission. Adopted: November 18, 1999. by MO&O. (FCC No. 99-358). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99358.wp

SOUTHWESTERN BELL MOBILE SYSTEMS, INC. Granted in part the Petition for Declaratory ruling filed November 12, 1997 that requests the Commission to issue six specific rulings that it asserts will be relevant to the resolution of issues now before the courts in class action law suits filed against Commercial Mobile Radio Service providers. Action by the Commission. Adopted: November 18, 1999. by MO&O. (FCC No. 99-356). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99356.wp

METAMORA TELEPHONE COMPANY. Denied petition for relief filed October 6, 1997, requesting a waiver of the Commission's freeze on acceptance of paging applications. Action by Chief, Policy and Rules Branch, Commercial Wireless Division. Adopted: November 24, 1999. by Order. (DA No. 99-2649). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992649.wp

SCHUYLKILL MOBILE FONE, INC. Denied the Petition for Reconsideration filed on March 27, 1995 of the decision to dismiss the two-way mobile application by the Narrowband Commercial Radio Branch. Action by Chief, Policy and Rules Branch, Commercial Wireless Division. Adopted: November 24, 1999. by Order. (DA No. 99-2641). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992641.doc

ELECTRONIC ENGINEERING COMPANY. Denied the Petition for Relief filed September 10, 1997, requesting a waiver of the Commission's freeze on acceptance of paging applications. Dkt No.: WT- 96-18. Action by Chief, Policy and Rules Branch, Commercial Wireless Division. by Order. (DA No. 99-2647). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992647.wp

FREDERICK W. HIORT D/B/A B&B BEEPERS. Denied petition for relief filed October 6, 1997, requesting a waiver of the Commission's freeze on acceptance of paging applications. Dkt No.: WT- 96-18. Action by Chief, Policy and Rules Branch, Commercial Wireless Division. Adopted: November 24, 1999. by Order. (DA No. 99-2648). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992648.wp

ADDENDA: The following items, released November 23, 1999, did not appear in Digest No. 224:

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NEWS RELEASES

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LINDA KINNEY NAMED ASSISTANT BUREAU CHIEF/SPECIAL ADVISOR FOR ADVANCED SERVICES, FCC COMMON CARRIER BUREAU. News Media Contact: Rosemary Kimball (202) 418-0500. CCB. Internet URL: https://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1999/nrmc9078.html

VIRGINIA MAN INDICTED FOR OPERATING AN UNLICENSED FM BROADCAST STATION. The FCC Enforcement Bureau announced that on November 16, 1999 the Grand Jury serving the United States District Court, Eastern District of Virginia, Richmond Division, indicted Khalid Kubweza, on four counts of operation an unlicensed FM station on 91.7 Mhz for his residence in Richmond, VA. ENF.

COMMISSIONER NESS NAMES JORDAN GOLDSTEIN AS LEGAL ADVISOR FOR COMMON CARRIER ISSUES. News Media Contact: Rosemary Kimball (202) 418-0500. OPA. Internet URL: https://www.fcc.gov/Bureaus/Miscellaneous/News_Releases/1999/nrmc9077.html

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PUBLIC NOTICES

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Report No: TEL-00153NS. Released: November 23, 1999. NON-STREAMLINED INTERNATIONAL APPLICATIONS ACCEPTED FOR FILING SECTION 214 APPLICAITONS; CABLE LANDING LICENSE APPLICATIONS; AUTHORIZE SWITCHED SERVICES OVER PRIVATE LINES AND SECTION 310(B)(4).

Released: November 23, 1999. 39 GHZ APPLICATIONS DISMISSED. (DA No. 99-2631). Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992631.doc

Released: November 23, 1999. WIRELESS TELECOMMUNICATIONS BUREAU APPROVES WITHDRAWAL OF RADIOFONE PETITION TO DISMISS OR DENY. (DA No. 99-2628). Action by: Chief, Policy and Rules Branch, Commercial Wireless Division. Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992628.wp

Released: November 23, 1999. WIRELESS TELECOMMUNICATIONS BUREAU APPROVES WITHDRAWAL OF RADIOFONE PETITION FOR RECONSIDERATION. (DA No. 99-2629). Action by: Chief, Policy and Rules Branch, Commercial Wireless Division. Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992629.wp

Report No: AUC-99-30-A. Released: November 23, 1999. AUCTION OF LICENSES FOR FIXED POINT-TO-POINT MICROWAVE SERVICES IN THE 38.6 TO 40.0 GHZ (39 GHZ) BAND SCHEDULED FOR APRIL 11, 2000 COMMENT SOUGHT ON RESERVE PROCES OR MINIMUM OPENING BIDS AND OTHER AUCTION PROCEDURAL ISSUES. (DA No. 99-2624). Internet URL: https://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992624.doc

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TEXTS

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MCI WORLDCOM, INC. Granted MCI's request for approval of IRS between U.S. & Singapore. Action by Chief, Telecommunications Division. Adopted: November 23, 1999. by Order. (DA No. 99-2622). IB Internet URL: https://www.fcc.gov/Bureaus/International/Orders/1999/da992622.doc

EXPARTE-ERRATUM. Amendment to FCC 99-322 released Nov. 9. Dkt No.: GC- 95-21. Action by Assistant General Counsel, Administrative Law Division. Adopted: November 22, 1999. OGC

MAHANOY TOWNSHIP, PA. Set aside finder's preference award to Thomas Baker; reinstated the license for station WNRU207. Action by Deputy Chief. Adopted: November 23, 1999. by MO&O. (DA No. 99-2603). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992603.doc

R&W TECHNOLOGIES, INC. Denied the Application for Review filed on December 7, 1998 concerning modification of Call Sign WZH501 to operate on 852.3125 MHz at Lake Villa, IL. Action by the Commission. Adopted: November 18, 1999. by MO&O. (FCC No. 99-357). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/fcc99357.wp

THE NORTHCENTRAL BROADCASTING CO. Denied the Petition for Reconsideration, filed June 23, 1999, of a decision by the Licensing and Technical Analysis Branch of the Commercial Wireless Division, dismissing application for renewal of license authorization for Station KNK1802 in Chelan, Washington. Action by Chief, Policy and Rules Branch, Commercial Wireless Division. Adopted: November 23, 1999. by Order. (DA No. 99-2630). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992630.wp

AMENDMENT OF THE COMMISSION'S RULES REGARDING THE 37.0-38.6 GHZ AND 38.6-40.0 GHZ BANDS. Denied Motion for Stay filed on October 1, 1999, of the effectiveness of recent Public Safety and Private Wireless Division dismissal actions and orders implementing the Commission's processing policy established in 1997 and affirmed in 1999, concerning certain 38.6-40.0 GHz Microwave Radio Service Applications and related submissions. Dkt No.: ET- 95-183, PP- 93-253. Action by Deputy Chief. Adopted: November 23, 1999. by Order. (DA No. 99-2632). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992632.doc

ADDENDA: The following items, released November 19, 1999, did not appear in Digest No. 222:

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TEXTS

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JAMES ANDERTON TRUCKING COMPANY. Dismissed the Petition for Reconsideration filed by James Anderton in Finder's Preference Case No. 95F705. Action by Deputy Chief, Commercial Wireless Division. Adopted: November 17, 1999. by MO&O. (DA No. 99-2557). WTB Internet URL: https://www.fcc.gov/Bureaus/Wireless/Orders/1999/da992557.doc