PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON D.C 20554____________________________________ News media information 202/418-0500 t-ax-On-Deraand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov DA 96-1727 NSD-L-96-10 Released: October 18, 1996 COMMON CARRIER BUREAU DECLARES BELL ATLANTIC-NYNEX TRANSFER OF CONTROL PROCEEDING "RESTRICTED" FOR EX PARTE PURPOSES The Bell Atlantic-NYNEX Application for Consent for Transfer of Control, Tracking No. 96-0221 (correcting No. 96-0205), requests Commission consent to the transfer of various authorizations pursuant to Sections 214(a) and 310(d) of the Communications Act, and a finding of common ownership pursuant to Section 212. Formal oppositions were filed on September 23, 1996. The Commission's ex parte regulations, 47 C.F.R. § 1.1200 et seq.. categorize Section 214(a) requests that are formally opposed as non-restricted and Sections 310(d) and 212 requests that are formally opposed as restricted for purposes of ex parte communications. In light of the inseparability of the various requests here, and hi order to ensure procedural fairness to all the parties and to avoid possible uncertainty on behalf of the public, the Common Carrier Bureau has decided to treat all aspects of the Bell Atlantic-NYNEX Application as restricted for purposes of ex parte communications. Therefore, this proceeding shall be governed by the procedures set forth in Section 1.1208 of the Commission's rules, 47 C.F.R. § 1.1208, that are applicable to restricted proceedings. Under that section, unless otherwise exempted, ex parte presentations are prohibited. See 47 C.F.R. § 1.1208(a). An ex parte presentation is any communication (spoken or written) directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner's assistant, or other decision-making staff member, that, if written, is not served on other parties to the proceeding or, if oral, is made without an opportunity for all parties to be present Any entity that has made an ex parte presentation with respect to any of these applications on or after September 23, 1996 should provide, if it has not already done so, an original and one copy of a written memorandum to the Commission's Secretary (with a copy to the Commissioner or staff member involved) that summarizes the presentation. All filings must clearly indicate the number NSD-L-96-10, the application file number if applicable, the date on which the presentation was made, and the fact that the appropriate number of copies have been submitted to the Secretary. All filings must be labeled or captioned as an ex parte presentation. 13253 This action is taken pursuant to Section 1.1200(a) of the Commission's Rules, 47C.F.R. § 1.1200(a), which permits the Commission, in its discretion, to adopt modified or more stringent ex parte procedures in particular proceedings if the public interest so requires. By the Chief, Network Services Division, Common Carrier Bureau. For further information, contact Judith Albert, Network Services Division, Common Carrier Bureau, at (202) 418-2378. FEDERAL COMMUNICATIONS COMMISSION 13254