USA FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. DA 96-1159 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: July 19, 1996 NYNEX FILES PETITION TO EXTEND USPP WAIVER TO CCB/CPD 96-19 Pleading Cycle Established COMMENTS: September 16, 1996 REPLY COMMENTS: October 21, 1996 On July 10, 1996, the NYNEX Telephone Companies (NYNEX) filed a petition for an extension of the waiver that the Commission granted in the USPP Waiver Order to include Boston and the rest of eastern Massachusetts, known as LATA 128.2 NYNEX states regulatory and market conditions have advanced rapidly in LATA 128. NYNEX states that competitive access providers in LATA 128 have achieved the status of competitive local exchange carriers ("CLECs"), including the right to assignment of NXX codes, mutual compensation for traffic that they exchange with NYNEX, and access to NYNEX's unbundled common lines. The CLECs have established fiber rings in Boston and neighboring areas, and they have gained a 40% share of the market for high capacity special access and private lines. NYNEX states that competitive conditions in LATA 128 are now "generally comparable" to the conditions that justified approval of the earlier Ameritech and NYNEX waiver requests. NYNEX claims that entry barriers have been removed, competitors are offering alternative dial tone and exchange access services, and the evidence shows that competitive activity is likely to increase in the future. Therefore, NYNEX states that it is appropriate, at this time, to extend the USPP waiver to LATA 128. 1 NYNEX Telephone Companies Petition for Waiver, Transition Plan to Preserve Universal Service in a Competitive Environment, 10 FCC Rcd 7445 (1995) ("USPP Waiver Order"). 2 The term "LATA," or local access and transport area, as used herein is defined in Section 3(25) of the Communications Act of 1934, as amended, 47 U.S.C. Section 153(25). It represents a contiguous geographic area established by NYNEX under the AT&T Consent Decree. 1996. Replies must be filed by October 21, 1996. When filing comments and/or replies please reference the internal file number: CCB/CPD 96-19. An original and four copies of all comments and replies must be filed in accordance with Section 1.51(c) of the Commission's Rules, 47 C.F.R. § 1.51(c). In addition, one copy of each pleading must be filed with International Transcription Services (ITS), the Commission's duplicating contractor, at its office at 2100 M Street, N.W., Suite 140, Washington, D.C. 20037 and one copy with the Chief, Competitive Pricing Division, Room 518, 1919 M Street, N.W., Washington, D.C. 20554. For further information, contact Wanda M. Harris, Competitive Pricing Division, Common Carrier Bureau, (202) 418-1530. -FCC 1. The Commission has before it the petition for rule making filed by Bea Kimbrough ("petitioner") requesting the allotment of Channel 291A to Wynnewood, Oklahoma, as the community's first local aural transmission service. Petitioner states that she will apply for the channel, if allotted.' 2. We believe petitioner's proposal warrants consideration since the allotment of Channel 291A could provide Wynnewood with its first local FM service. Channel 291A can be allotted to the community in compliance with the Commission's minimum distance separation requirements without the imposition of a site restriction.? 3. Accordingly, we seek comments on the proposed amendment of the FM Table of Allotments, Section 73.202(b) of the Commission's Rules, for the community listed below, to read as follows: 1 Petitioner requests that she be awarded a "pioneer's preference" if such a preference is in place at the time Channel 291A is allotted to Wynnewood. While a proposal is before the Commission to provide for such a preference in FM and TV allotment proceedings, the Commission has not taken any final action on the request. See Reexamination of the Policy Statement on Comparative Broadcast Hearings (GC Docket No. 92-52), 7 FCC Rcd 2664 (1992). The coordinates for Channel 291A at Wynnewood are 34-38-42 North Latitude and 97-10-00 West Longitude. 4. The Commission's authority to institute rule making proceedings, showings required. cut-off procedures, and filing requirements are contained in the attached Appendix and are incorporated by reference herein. In particular, we note that a showing of continuing interest is required by paragraph 2 of the Appendix before a channel will be allotted. 5. Interested parties may file comments on or before September 16, 1996, and reply comments on or before October 1, 1996, and are advised to read the Appendix for the proper procedures. Comments should be filed with the Secretary, Federal Communications Commission, Washington. D.C. 20554. Additionally, a copy of such comments should be served on the petitioner, or its counsel or consultant, as follows: Bea Kimbrough 9400 Wonga Midwest City, Oklahoma 73130 (Petitioner) 6. The Commission has determined that the relevant provisions of the Regulatory Flexibility Act of 1980 do not apply to rule making proceedings to amend the FM Table of Allotments, Section 73.202(b) of the Commission's Rules. See Certification That Sections 603 and 604 of the Regulatory Flexibility Act Do Not Apply to Rule Making to Amend Sections 73.202(b). 73.504 and 73.606(b) of the Commission's Rules, 46 FR 11549, February 9, 1981. 7. For further information concerning this proceeding, contact Leslie K. Shapiro, Mass Media Bureau, (202) 418-2180. For purposes of this restricted notice and comment rule making proceeding, members of the public are advised that no ex parte presentations are permitted from the time the Commission adopts a Notice of Proposed Rule Making until the proceeding has been decided and such decision is no longer subject to reconsideration by the Commission or review by any court. An ex parte presentation is not prohibited if specifically requested by the Commission or staff for the clarification or adduction of evidence or resolution of issues in the proceeding. However, any new written information elicited from such a request or a summary of any new oral information shall be served by the person making the presentation upon the other parties to the proceeding unless the Commission specifically waives this service requirement. Any comment which has not been served on the petitioner constitutes an ex parte presentation and shall not be considered in the proceeding. Federal Communications Commission DA 96-1160 Any reply comment which has not been served on the person(s) who filed the comment, to which the reply is directed, constitutes an ex parte presentation and shall not be considered in the proceeding. Attachment: Appendix FEDERAL COMMUNICATIONS COMMISSION John A. Karousos Chief. Allocations Branch |