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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 DA  06-  1190  Released:  June  2,  2006 
 PLEADING  CYCLE  ESTABLISHED  FOR  MICHIGAN  PAY  TELEPHONE  ASSOCIATION  PETITION  FOR  DECLARATORY  RULING 
 CC  Docket  No.  96-  128 
 COMMENTS:  June  22,  2006  REPLY  COMMENTS:  July  6,  2006 


 On  May  22,  2006,  the  Michigan  Pay  Telephone  Association  (MPTA)  filed  a  petition  seeking  a  declaratory  ruling  that  the  Michigan  Public  Service  Commission  failed  to  apply  the  new  services  test 
 (NST)  with  respect  to  AT&  T  Michigan’s  payphone  usage  rates.  Specifically,  MPTA  asks  the  Commission  to  declare  that:  (1)  the  Michigan  commission  failed  to  apply  the  NST  to  AT&  T  Michigan’s 
 local  usage  sensitive  services  and  failed  to  identify  and  apply  a  cost-  based  overhead  allocation  for  local  usage  services  to  establish  a  cost-  based  rate  for  those  services;  (2)  the  Michigan  commission  improperly 
 applied  non-  uniform  overhead  allocations  to  payphone  services;  (3)  the  Michigan  commission’s  reliance  on  the  non-  cost-  based  overhead  allocation  of  AT&  T  Michigan’s  retail  toll  usage  services  as  the 
 “comparable”  service  for  determining  whether  the  local  usage  rate  satisfies  the  NST  was  improper  and  resulted  in  unjust,  unreasonable  and  unlawful  rates;  (4)  the  Michigan  commission’s  use  of  an  overhead 
 allocation  for  local  usage  violates  the  NST;  (5)  AT&  T  Michigan’s  current  tarrifed  rate  for  local  usage  services  available  to  payphone  providers  is  unlawful  and  violates  the  NST,  the  FCC’s  Payphone  Orders 
 and  the  Communications  Act.  The  MPTA  also  asks  the  Commission  to  preempt  the  Michigan  commission’s  orders  and  require  AT&  T  Michigan  to  establish  a  new  payphone  usage  rate  in  compliance 
 with  the  NST.  Should  that  calculation  result  in  a  lower  rate,  the  MPTA  requests  refunds  for  payphone  service  providers  going  back  to  April  15,  1997. 


 We  invite  comments  on  the  MPTA  petition.  Interested  parties  may  file  comments  on  or  before  June  22,  2006  and  reply  comments  on  or  before  July  6,  2006.  Comments  may  be  filed  using  the 
 Commission’s  Electronic  Comment  Filing  System  (ECFS)  or  by  filing  paper  copies.  1  Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to  http://  www.  fcc.  gov/  cgb/  ecfs/. 
 Generally,  only  one  copy  of  an  electronic  submission  must  be  filed.  If  multiple  docket  or  rulemaking  numbers  appear  in  the  caption  of  the  proceeding,  commenters  must  transmit  one  electronic  copy  of  the 
 comments  to  each  docket  or  rulemaking  number  referenced  in  the  caption.  In  completing  the  transmittal  screen,  commenters  should  include  their  full  name,  U.  S.  Postal  Service  mailing  address,  and  the 
 applicable  docket  or  rulemaking  number,  in  this  case,  CC  Docket  No.  96-  128.  Parties  may  also  submit  an  electronic  comment  by  Internet  e-  mail.  To  get  filing  instructions  for  e-  mail  comments,  commenters 
 should  send  an  e-  mail  to  ecfs@  fcc.  gov,  and  should  include  the  following  words  in  the  body  of  the  message,  “get  form.”  A  sample  form  and  directions  will  be  sent  in  reply.  Parties  who  choose  to  file  by 
 paper  must  file  an  original  and  four  copies  of  each  filing.  If  more  than  one  docket  or  rulemaking  number 


 1  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  GC  Docket  No.  97-  113,  Report  and 
 Order,  13  FCC  Rcd  11322  (1998). 
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