*Pages 1--2 from Microsoft Word - 7146.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 – 12 th Street, S. W. WASHINGTON, D. C. 20554 DA 01- 453 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 TTY 202/ 418- 0484 202/ 418- 0485 Internet: http:// www. fcc. gov ftp. fcc. gov Released: February 22, 2001 COMMON CARRIER BUREAU REQUESTS COMMENTS ON AT& T PETITION FOR DECLARATORY RULING REGARDING PAYPHONE COMPENSATION RATE CAPS Pleading Cycle Established CCB/ CPD No. 01- 05 COMMENTS: March 23, 2001 REPLY COMMENTS: April 9, 2001 On February 5, 2001, pursuant to Section 276( c) of the Telecommunications Act of 1996 (the Act) and Section 1. 2 of the Commission’s Rules, 1 AT& T filed a Petition 2 asking the Commission for a declaratory ruling that states may not foreclose carriers from establishing cost- recovery mechanisms to recoup from payphone users the costs of operating payphones subsequent to the Commission’s implementation of Section 276 of the Act. AT& T states its current rates for intrastate 0+/ 0- calls are set to comply with applicable rate caps. AT& T also states that when such calls are made from payphones, AT& T separately assesses a payphone surcharge. According to AT& T, the Florida Public Service Commission has informed AT& T that application of this surcharge to 0+/ 0- payphone calls violates the applicable rate cap, and that it is considering action to require AT& T to reduce its rates and establish a refund mechanism relating to its prior collection of the payphone surcharge on intrastate 0+/ 0- calls made from payphones. 3 AT& T requests that the Commission exercise its authority under Section 276( c) and declare that any such action would violate Section 276 and the Commission’s regulations thereunder. Interested parties may file comments no later than March 23, 2001, and reply comments no later than April 9, 2001. When filing comments please reference the internal file number, CCB/ CPD No. 01- 05. An original and four copies of all Comments and Replies must be filed with the Commission's Secretary, Magalie Roman Salas, Office of the Secretary, Federal Communications Commission, 445 - 12th Street S. W., TW- A325, Washington, DC 20554. In addition, one copy of each Comment and Reply must be filed with International Transcription Services (ITS), the Commission's duplicating contractor, at its office at 1231 20th Street N. W., Washington, DC 20036. One copy must also be filed with the Chief, Competitive 1 47 C. F. R. § 1.2. 2 AT& T Petition for Declaratory Ruling (filed February 5, 2001) (Petition). 3 See Petition, Attachment 1. 1 2 Pricing Division, Common Carrier Bureau, 445 - 12th Street S. W., Room 5- A225, Washington, DC 20554. This proceeding is a "permit- but- disclose" proceeding in accordance with the Commission's ex parte rules. 4 Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. 5 Other rules pertaining to oral and written ex parte presentations in permit- but- disclose proceedings are set forth in Section 1.1206( b) of the Commission’s Rules. 6 For further information, contact Ana Curtis or Lynne Milne, Competitive Pricing Division, Common Carrier Bureau, (202) 418- 1520, TTY (202) 418- 0484. - FCC - 4 See 47 C. F. R. §§ 1.1200, 1.1206. 5 See 47 C. F. R. § 1.1206( b). 6 47 C. F. R. § 1.1206( b). 2