*Pages 1--10 from Microsoft Word - 5217.doc* NEWS News Media Information 202 / 418- 0500 TTY 202 / 418- 2555 Fax- On- Demand 202 / 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov Federal Communications Commission 445 12 th Street, S. W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D. C. Circ 1974). December 4, 2000 OPEN PROCEEDINGS The following is a listing of current FCC Notices of Proposed Rulemaking and Notices of Inquiry open for public comment, except routine petitions to amend the Table of Allotments. This listing also includes pertinent Public Notices announcing comment subjects and dates. For additional information, contact Marilyn Abraham, Consumer Information Bureau at (202) 418- 2374. Please note: as comment and reply comment periods expire, they are deleted from this listing. *Asterisk indicates comment period deadline is past, but reply comment period still is open. CABLE SERVICES BUREAU CS- 97- 80; FNPRM 9/ 18/ 00 (adopted 9/ 14/ 00); FCC 00- 341 Implementation of Section 304 of the Telecommunications Act of 1996, Commercial Availability of Navigation Devices. The Commission adopted Further Notice of Proposed Rulemaking and Declaratory Ruling in this proceeding. Comments due November 15*; replies due December 18. GEN 00- 185; NOI 9/ 28/ 00 (adopted 9/ 28/ 00); FCC 00- 355 In the Matter of Inquiry Concerning High- Speed Access to the Internet Over Cable and Other Facilities. The Commission is seeking comments to determine what regulatory treatment, if any, should be accorded to cable modem service and the cable modem platform used in providing this service. Comments due 45 days after publication in the Federal Register; replies due 75 days after publication in the Federal Register. COMMON CARRIER BUREAU PN 10/ 12/ 00; DA 00- 2329 Inquiry Concerning High- Speed Access to the Internet over Cable and Other Facilities, Pleading Cycle Extended; and United States Telecom Association Files Petition for 1 2 Declaratory Ruling Regarding Universal Service Obligations of Cable Operators Pleading Cycle Established. On September 28, 2000, the Commission adopted and released a Notice of Inquiry seeking public comment on several matters related to high- speed access to the Internet over cable and other facilities. Comments due December 1*; replies due January 10. Contact: Katherine Schroder at (202) 418- 7400. PN 10/ 13/ 00; DA 00- 2327 Common Carrier Bureau Seeks Comment on Western Wireless' Supplemental Filing Relating to its Petition for Designation as an Eligible Telecommunications Carrier on the Crow Reservation in Montana, Pleading Cycle Established. On August 4, 1999, Western Wireless filed with the Commission a petition under section 214( e)( 6) seeking a designation of eligibility to receive federal universal service support for a service a rear comprised of the Crow Reservation in Montana. Comments due 30 days after publication in the Federal Register; replies due 45 days after publication in the Federal Register. Contact: Richard D. Smithat (202) 418- 7400. CC 00- 199; NPRM 10/ 18/ 00 (adopted 10/ 12/ 00); FCC 00- 364 2000 Biennial Regulatory Review. The Commission is seeking comments on whether and how to streamline significantly the existing accounting and reporting requirements. Phase 2 - Comments due December 21; replies due January 30; Phase 3 - Comments due January 30; replies due February 28. CC 00- 217; PN 10/ 26/ 00; DA 00- 2414 Comments Requested on the Application by SBC Communications, Inc. for Authorization under Section 271 of the Communications Act to Provide In- Region, InterLATA Service in the States of Kansas and Oklahoma. On October 26, 2000, SBC Communications Inc. and its subsidiaries, Southwestern Bell Telephone Company and Southwestern Bell Communications Services, Inc., d/ b/ a Southwestern Bell Long Distance (collectively, SWBT) filed a joint application for authorization to provide in-region, interLATA service in the State of Kansas and Oklahoma, pursuant to § 271 of the Communications Act of 1934, as amended (the Act), 47 U. S. C. § 271. Comments due November 15*; replies due December 11. Contact: John Stanley at (202) 418- 1496, Gary Remondino at (202) 418- 2298 or Michael Balmoris at (202) 418- 0253. CC 80- 286; PN 10/ 30/ 00; DA 00- 2433 Comment Sought on Recommended Decision Issued by Federal- State Joint Board on Jurisdictional Separations. 2 3 On July 21, 2000, the Federal- State Joint Board on Jurisdictional Separations released a Recommended Decision for instituting an interim freeze of the Part 36 category relationships and jurisdictional allocation factors. On August 15, 2000, the Commission released a public notice, similar to this Public Notice that sought comment on the Recommended Decision. The August 15 Public Notice inadvertently was not published in the Federal Register. In order to provide adequate notice to interested parties, the Commission now release this Public Notice seeking comment on the Recommended Decision. Comments due 15 days from Federal Register publication; replies due 25 days from Federal Register publication. Contact William Cox at (202) 418- 7400. CC 96- 45; PN 10/ 31/ 00; DA 00- 2460 Common Carrier Bureau Announces the Comment and Reply Comment Dates Relating to Western Wireless’ Supplemental Filing and Petition for Designation as an Eligible Telecommunications Carrier on the Crow Reservation in Montana. On October 13, 2000, the Common Carrier Bureau released a Public Notice seeking comment on Western Wireless' supplemental filing relating to its petition for designation as an eligible telecommunications carrier on the Crow Reservation in Montana. Comments due November 24*; replies due December 11. Contact: Richard D. Smith at (202) 418- 7400. PN 11/ 06/ 00; DA 00- 2493 Commission Seeks Comment on Application for consent to Transfer Control Filed by WorldCom, Inc. and Intermedia Communications, Inc. On October 23, 2000, WorldCom, Inc. and Intermedia Communications Inc. filed an application pursuant to sections 214 and 310( d) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 214, 310( d), requesting Commission approval of the transfer of control to WorldCom of Commission licenses and authorizations held by Intermedia to provide domestic and international telecommunications services pursuant to Parts 21, 63, 90, and 101 of the Commission's rules. Comments/ petitions due December 6; responses/ oppositions due December 21. Contact: Henry Thaggert at (202) 418- 1580. PN 11/ 08/ 00; DA 00- 2526 Comments Invited on PF. NET Line Construction Project Across the State of Missiouri, Compliance with the Authorization Requirements Under Section 214 and the Environmental and Historic Preservation Requirements Under NEPA AND NHPA. The Common Carrier Bureau is seeking comments on whether a line construction project by PF. NET in the State of Missouri is subject to the Federal Communications Commission's jurisdiction under section 214( a) of the Federal Communications Act of 1934, as amended, 47 U. S. C. § 214( a), and, if so, whether PF. NET has complied with the Commission's regulations 3 4 with regard to the project. Comments due December 8. Contact: Marilyn Jones (202) 418- 2320 and Carmell Weathers (202) 418- 2325. PN 11/ 08/ 00; DA 00- 2530 Comments Requested in Connection with Court Remand of Non- Accounting Safeguards Order. On November 8, 2000, the Common Carrier Bureau released a Public Notice seeking comments on the arguments raised by the petitioners before the D. C. Circuit concerning the above caption proceeding. The Commission ask that the parties address the issues, as well as any additional issues previously raised before the Commission or the court that are relevant to this inquiry. Comments due November 29*; replies due December 11. Contact: Johanna Mikes (202) 418- 1535. PN 11/ 15/ 00 Comment Sought on Southwestern Bell Requests for Limited Modification of LATA Boundaries to Provide Expanded Local Calling Service Between Certain Exchanges in Texas. On June 30, 2000 and September 20, 2000, Southwestern Bell Telephone Company filed four petitions requesting modification of local access and transport area boundaries to provide two-way, flat- rate, non- optional expanded local calling service between the following exchanges; Minden and Nacogdoches; Joensboro and Temple; and Mt. Enterprise and Nacogdoches. Comments due: November 29*; replies due December 6. Contact: Alan Thomas at (202) 418- 2320. PN 11/ 15/ 00 Comment Sought on Verizon- West Virginia Request for Limited Modification of LATA Boundaries to Provide Expanded Local Calling Service Between Certain Exchanges in West Virginia. On September 14, 2000, Verizon- West Virginia filed a petition requesting modification of local access and transport area boundaries to provide two- way, non- optional expanded local calling service between the Glenville and Grantsville exchanges; and between the Gassaway and Arnoldsburg exchanges. Comments due November 29*; replies due December 6. Contact: Alan Thomas at (202) 418- 2320. ORDER 11/ 17/ 00 (adopted 11/ 16/ 00); DA 00- 2586 In the Matter of Policy and Rules Concerning the Interstate, Interexchange Marketplace/ Implementation of Section 254( G) of the Communications Act of 1934, as Amended. 4 5 The Commission extends the deadline for detariffing mass- market consumer services from January 31, 2001 to April 30, 2001. LETTER 11/ 17/ 00 (adopted 11/ 17/ 00) DA 00- 2612 SBC/ Ameritech Merger Order The Commission extended the deadline until December 7, 2000 for SBC and CLECs to discuss and review plans for a uniform change management process. Contact: Anthony Dale at (202) 418- 2260. PN 11/ 20/ 00; DA 00- 2582 CALEA Section 107( C) Extension Petitions Receiving Preliminary Extensions from the Common Carrier Bureau. The wireline telecommunications carriers filed petitions with the Commission seeking extensions of the deadline for complying with the capability requirements of section 103 of the Communications Assistance for Law Enforcement Act (CALEA), 47 U. S. C. § 1002, as provided by section 107( c) of CALEA, 47 U. S. C. § 1006( c). Comments due December 20; replies due January 4. Contact: Gayle Radley Teicher at (202) 418- 1515. PN 11/ 20/ 00; DA 00- 2617 Verizon, Pacific Bell, Ameritech, and Southwestern Bell File Pricing Flexibility Petitions Pleading Cycle Established. On November 17, 2000, Verizon, Pacific Bell Telephone Company, Ameritech Operating Companies, and Southwestern Bell Telephone Company filed petitions seeking pricing flexibility in the provision of dedicated transport and special access services pursuant to Section 1.774 of the Commission's rules, 47 C. F. R. § 1.774. Comments due December 4; replies due December 14. Contact: Joi Roberson Nolen at (202) 418- 1520. CC 95- 155; PN 11/ 29/ 00; DA 00- 2688 Comments Sought on Petitions for Emergency Relief Regarding Release of the 855 Toll Free Code. On November 9 and November 14, 2000, the Toll Free Number Coalition (TFNC) and the Toll Free Commerce Coalition (TTFCC) individually filed petitions for emergency relief seeking to defer the release of the new 855 toll free code, which was scheduled for November 18, 2000. Comments due December 13; replies due December 20. Contact: Marty Schwimmer at (202) 418- 2320. 5 6 W- P- D- 472; PN 11/ 29/ 00; DA 00- 2693 Comments Invited on Application of GST Telecommunications Inc. and Its Subsidiaries to Discontinue Domestic Services. On November 14, 2000, GST Telecommunications, Inc. and its subsidiaries filed an application requesting authority under section 214( a) of the Communications Act of 1934, 47 U. S. C. § 214( a), and section 63.71 of the Federal Communications Commission’s rules, 47 C. F. R. § 63.71, to discontinue provision of certain U. S. domestic telecommunications services with respect to its customers and assets acquired by Time Warner Telecom Inc. on or about December 15, 2000. Comments due December 6. Contact: Marty Schwimmer at (202) 418- 2320 or Carmell Weathers at (202) 418- 2325. INTERNATIONAL BUREAU IB 00- 203; NPRM 10/ 24/ 00 (adopted 10/ 13/ 00); FCC 00- 369 FWCC Request for Declaratory Ruling on Partial- Band Licensing of Earth Stations in the Fixed- Satellite Service that Share Terrestrial Spectrum. The Commission is seeking comment on this adopted notice of proposed rulemaking designed to promote efficient use of the radio spectrum and wide access to electronic commerce in underserved rural areas of America. Comments due 45 days from publication in the Federal Register; replies due 75 days from publication in the Federal Register. ORDER 11/ 8/ 00 (adopted 11/ 08/ 00); DA 00- 2521 Voicestream Wireless, Powertel, ETC, Transfer of Control Extension. The Commission granted the Motion for Extension of Time in the above caption proceeding. Comments due December 13; replies due January 8. Contact: Justin Connor at (202) 418- 1476 MASS MEDIA BUREAU MM 00- 44; R& O and FNPRM 10/ 5/ 00 (adopted 9/ 14/ 00); FCC 00- 343 In the Matter of Extension of the Filing Requirement for Children's Television Programming Reports (FCC Form 398). In this Report and Order the Commission made a number of changes to the children's educational television reporting requirements of commercial broadcast television licenses. Extended quarterly Children's television programming Reports (FCC Form 398). Require broadcasters to file these reports on a quarterly basis, at the time prepared, rather than annually, announce a number of revisions to be made to the FCC Form 398 to make the information on the form 6 7 clearer and more useful to the public and the Commission. Comments due December 18; replies due January 17. MM- 00- 167; NPRM 10/ 5/ 00 (adopted 9/ 14/ 00); FCC 00- 344 In the Matter of Children's Television Obligations of Digital Television Broadcasters. The Commission is seeking comments on a range of issues related to the obligation of digital television broadcasters to children. Comments due December 18; replies due January 17. OFFICE OF ENGINEERING AND TECHNOLOGY ET 98- 237; 1 st R& O and 2 nd NPRM 10/ 24/ 00 (adopted 10/ 12/ 00); FCC 00- 363 Amendment of the Commission's Rules with Regard to the 3650- 3700 MHz Government Transfer Band. The Commission adopted rules allocating the 50 megahertz of spectrum in the 3650- 3700 MHz band to the fixed and mobile terrestrial services on a primary basis, facilitating the provision of a broad range of services. Proposed licensing and service rules for assignment of licenses in this band by competitive bidding. Comments due 30 days from publication in the Federal Register; replies due 60 days from publication in the Federal Register. ORDER 11/ 29/ 00 (adopted 11/ 28/ 00); DA 00- 2683 Communications Assistance for Law Enforcement Act. The Commission extended the date for filing reply comments in this proceeding to December 8, 2000. WIRELESS TELECOMMUNICATIONS BUREAU WT 96- 86; Fourth NPRM 8/ 2/ 00 (adopted 7/ 25/ 00); FCC 00- 271 The Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010. In this Fourth Notice of Proposed Rule Making, the Commission is considering various technical and operational issues regarding the use of interoperability frequencies in the 764- 776 MHz and 794- 806 MHz frequency bands. Comments can be filed 30 days after publication in the Federal Register; reply comments can be filed 45 days after publication in the Federal Register. 7 8 PN 10/ 25/ 00; DA 00- 2402 Wireless Telecommunications Bureau Seeks Comment on Request to Reopen the Petition for Rulemaking Regarding Hearing Aid- CompatibleTelephones. On October 7, 2000, the Wireless Access Coalition formally requested that the Federal Communications Commission re- open the Petition for Rule Making in the Matter of § 68. 4( a) of the Commission’s Rules, Hearing Aid- Compatible Telephones. Originally filed in 1995 by the HEAR- IT NOW Coalition, the Petition asked that the exemption for PCS devices from the Hearing Aid Compatibility Act if 1988 be revoked. Comments due December 8; replies due January 8. Contact: E. Wendy Austrie at (202) 418- 1310. WT 99- 217; 1 st R& O and Further NPRM 10/ 25/ 00 (adopted 10/ 12/ 00); FCC 00- 366 In The Matter of Promotion of Competitive Networks in Local Telecommunications Markets. The Commission took actions to foster competition in local communications markets by implementing measures to ensure that competing telecommunications providers are able to provide services to customers in multiple tenant environments. Comments due December 22; replies due January 22. WT 00- 193; NPRM 11/ 01/ 00 (adopted 10/ 04/ 00); FCC 00- 361 Automatic and Manual Roaming Obligations Pertaining to Commercial Mobile Radio Services. The Commission initiated new proceeding to consider adopting and "automatic" roaming rule and whether to sunset the "manual" roaming requirement. Comments due January 5; replies due February 5. Contact: Paul Murray (202) 418- 0688. PN 11/ 15/ 00; DA 00- 2572 Wireless Telecommunications Bureau Solicits Assistance in Updating Commercial Operator License Examination (COLE) Question Pools for Elements 1 and 7, and Seeks Comment on Development of Procedures to update COLE Question Pools. The Commission is soliciting private sector assistance in updating the COLE question pools for Elements 1 (Basic Radio Law) and 7 (Global Maritime Distress and Safety System radio operating procedures). Comments due December 15; replies due January 2. Contact: Genevieve Augustin at (202) 418- 0680. 8 9 PN 11/ 17/ 00; DA 00- 2600 Wireless Telecommunications Bureau Seeks Comment on Terion, Inc. 's Request to Modify Its Authorization to Operate a Short- Data Messaging System in the High Frequency (HF) Range Under Part 90 of the Rules. The Wireless Telecommunications Bureau is seeking comment on Terion's request to: (1) increase the amount of spectrum authorized from 2.862 MHz (954 channels) to 11.448 MHz (3, 816 channels); (2) increase the total HF energy transmitted daily from 2 million Watt- seconds to 8 million Watt- seconds; (3) increase the aggregate transmissions per hour from one percent (36 seconds) to four percent (144 seconds); and (4) obtain a renewal expectancy in the event it provides a showing of substantial service prior to the expiration of its five- year license term, thus obviating the need for a rule making proceeding. Comments due December 18; replies due January 2. Contact: Jay Jackson at (202) 418- 1309. PN 11/ 21/ 00; DA 00- 2622 Wireless Telecommunications Bureau Seeks Comment on Petition for Declaratory Ruling that Western Wireless' Basic. Universal Service in Kansas is Subject to Regulation as Local Exchange Service. On November 3, 2000, State Independent Alliance and Independent Telecommunications Group filed a petition requesting that the Commission issue a declaratory ruling clarifying that Western Wireless' Basic Universal Service offering in Kansas is not a Commercial Mobile Radio Service and that federal law does not preempt or preclude the Kansas Corporation Commission from applying to the Basic Universal Service offering regulations and Universal Service Fund requirements applicable to all local exchange carriers and to Eligible Telecommunications Carriers in Kansas. Comments due December 21; replies due January 8. Contact: Rose Crellin at (202) 418- 2066. WT 00- 230; NPRM 11/ 27/ 00 (adopted 11/ 9/ 00); FCC 00- 402 Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets. Open proceedings to examine a number of actions the FCC might take to remove unnecessary regulatory barriers to the development of more robust secondary markets in radio spectrum usage rights. PN 11/ 29/ 00; DA 00- 2584 Wireless Telecommunications Bureau Seeks Comment on Request for Waiver by the University of Southern California to Obtain a License for Ten Channels Allocated for Paging Control Operations. 9 10 On June 9, 2000, the University of Southern California filed an application and a request for waiver to permit it to use for public safety purposes ten channels allocated for point- to-multipoint paging control operations in Los Angeles, California: 506/ 509.0625 MHz, 506/ 509.0750 MHz, 506/ 509.0875 MHz, 509/ 509.1000 MHz and 506/ 509.1125 MHz. Comments due December 11; replies due December 18. Contact: Karen Franklin at (202) 418-0680. PN 11/ 29/ 00; DA No. 00- 2694 Wireless Telecommunications Bureau Seeks Comment on Petition for Declaratory Ruling Concerning the Requirement for Good Faith Negotiations Among Economic Area Licensees and Incumbent Licensees in the Upper 200 Channels of the 800 MHz Band. Pursuant to Section 5( e) of the Administrative Procedures Act, 5 U. S. C. § 554( e), and Section 1.4 of the Commission's Rules, 47 C. F. R. § 1.4, the Wireless Telecommunications Bureau seeks comment on a Petition for Declaratory Ruling filed by Nextel Communications, Inc. on October 26, 2000. Comments due December 14; replies due December 21. Contact: Richard Arsenault at (202) 418- 7240. 10