USA

COMMISSION SEEKS COMMENT ON

PETITION FOR PREEMPTION AND MOTION FOR

DECLARATORY RULING FILED BY WESTERN PCS I CORPORATION

Comment Date: August 30, 1996; Reply Date: September 16, 1996

On July 8, 1996, Western PCS I Corporation ("Western PCS") petitioned the Commission to preempt the enforcement of the Oregon Department of Revenue's ("ODR's”) Notice of Proposed Assessment of a tax on Western PCS's Block B Personal Communications Service ("PCS'') license for the Portland Major Trading Area. Western PCS contends that ODR's assessment of a tax based upon the amount paid by Western PCS for its PCS license, which serves the state of Oregon and part of the states of Washington and California, constitutes a barrier to entry into the PCS market in violation of Section 253(d) and Section 332(c)(3)(A) of the Communications Act, 47 U.S.C. §§ 253(d), 332(c)(3)(A).

In addition, Western PCS requests the Commission to issue a declaratory ruling that state taxes and assessments imposed upon Commercial Mobile Radio Service ("CMRS") providers based upon the amount paid for radio licenses constitute a barrier to entry into the wireless market in violation of Section 253(d) and Section 332(c)(3)(A) of the Communications Act, 47 U.S.C. §§ 253(d), 332(c)(3)(A).

Interested parties may file comments on Western PCS petition no later than August 30, 1996. Reply comments must be filed by September 16, 1996. All comments should reference Western PCS's Petition, File No. WTB/POL 96-3, and be filed with the Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554. Parties are encouraged to submit comments and reply comments on diskette. Such diskette submissions would be in addition to and not a substitute for the formal filing requirements presented above. Parties submitting diskettes should submit them to Claudia Borthwick, Federal Communications Commission, Wireless Telecommunications Bureau (WTB), Policy Division, 2025 M Street, N.W., Room 5202, Washington, D.C.

form using WordPerfect 5.1 for Windows software. The diskette should be submitted in "read only" mode, and should be clearly labelled with the party's name, proceeding (WTB/POL 96-3), type of pleading (comment or reply comment) and date of submission.

The full text of the petition, comments, and reply comments are available for inspection and duplication during regular business hours in the Policy Division of the Wireless Telecommunications Bureau, Federal Communications Commission, 2025 M Street, N.W., Room 5202, Washington, D.C. 20554. Copies may also be obtained from International Transcription Service, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, (202) 857-3800. Pursuant to Section 1.1206(b)(4) of the Commission's Rules, 47 C.F.R. § 1.1206(b)(4), this proceeding will be conducted as a nonrestricted proceeding in which ex parte communications are permitted but subject to disclosure.

For further information, contact Claudia Borthwick at (202) 418-1310, WTB, Policy

· USA

FEDERAL COMMUNICATIONS COMMISSION

1919 M STREET, N.W.

WASHINGTON, D.C. 20554

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov

DA 96-1212

Released: July 30, 1996

US WEST PETITIONS FOR WAIVER OF PART 69
OF THE COMMISSION'S RULES

Pleading Cycle Established

INTERNAL FILE NUMBER: CCB/CPD 96-21

COMMENTS: August 29, 1996

REPLY COMMENTS: September 13, 1996

On July 24, 1996, US West Communications, Inc. (U S West) filed a petition for waiver of Sections 69.101, 69.105 and 69.124(a) of the Commission's Rules, 47 C.F.R. §§ 69.101, 69.105 and 69.124(a). US West seek to recover costs currently assigned to the Carrier Common Line (CCL) charge and Transport Interconnection Charge (TIC) rate elements in US West's interstate access tariffs. US West claims that recovery of these costs via current access charge mechanisms is ill-suited for the competitive local exchange and access service markets in which US West operates, particularly in light of the Telecommunications Act of 1996.

US West states that it also seek to collect from all interstate purchasers of access services a TRC' charge, a short-term transitional funding mechanism to replace the current per-minute-ofuse CCL charge and TIC. US West contends that grant of the waiver serves the public interest by maintaining universal service support during the transitional period, while the Commission completes consideration of access reform and universal service issues and proceedings."

Interested parties may file comments on US West's petition for waiver no later than August 29, 1996. Replies should be filed by September 13, 1996. When filing comments and/or replies please reference the internal file number noted above.

1

Transitional Recovery Charge or TRC is a flat-rate charge billed at a bulk rate based on the percentage US West interstate local switching minutes-of-use.

of

2

See In the Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Notice_of Proposed Rulemaking and Order Establishing Joint Board, FCC 96-93, rel. March 8, 1996.

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 two copies 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

By the Chief, Enforcement Division, Wireless Telecommunications Bureau:

1. This action constitutes a Notice of Apparent Liability for Forfeiture, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), against MobileComm of the Northeast, Inc. ("MobileComm"), licensee of Paging and Radiotelephone Service Station KGI787, Fredonia, NY. Specifically, we find that MobileComm failed to timely notify the Commission of commencement of service for Station KGI787, in apparent violation of Section 22.142(b) of the Commission's Rules, 47 C.F.R. § 22.142(b).

2. The Commission granted MobileComm authorization to construct base station facilities for KG1787 on June 21, 1994. The authorization required construction to be completed by June 21, 1995 and permitted operation on frequency 931.2375 MHz.

3. On February 2, 1996, MobileComm filed a request for Special Temporary Authority to continue operation of KGI787. It stated, therein, that: a) it had been operating the station since November 11, 1994 and b) its failure to timely file FCC Form 489 was "due to inadvertent error."

4. Section 22.142(b) of the Commission's rules provides in pertinent part:

Notification requirement. Licensees must notify the Commission (FCC Form 489)
of commencement of service to subscribers. The notification must be mailed or
delivered to filing place (see § 22.106 of this part) no later than 15 days after
service begins.

47 C.F.R. § 22.142(b). In the past, the Commission has determined that a forfeiture of $2,000 is justified when a licensee fails to timely file Form 489. See e.g., R & D Cellular.. 11 FCC Rcd 3350 (1996).