PUBLIC NOTICE ![](media/image1.png){width="0.9708333333333333in"
height="0.9805555555555555in"}

FEDERAL COMMUNICATIONS COMMISSION

445 12th STREET S.W.

WASHINGTON, D.C. 20554

**DA 00-567**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 TTY
202/418-2555 Internet: http:/www.fcc.gov ftp.fcc.gov

#  Released: March 14, 2000 

**Flying J Files Petition for Declaratory Ruling**

**CCB/CPD No. 00-04**

**[Pleading Cycle Established]{.underline}**

**COMMENTS DUE DATE: April 30, 2000**

**REPLY COMMENTS DUE DATE: May 22, 2000**

On February 18, 2000, Flying J, Inc. and TON Services Inc. (jointly
referred to as Flying J), which are both payphone service providers,
filed, pursuant to 47 C.F.R. 1.2, a petition for a declaratory ruling
seeking expeditious resolution of four issues which have been referred
to this Commission ("FCC") by the United States District Court for the
District of Utah, Northern Division, Civil No. 1:99CV111ST (involving
Sprint Communications Company), under the doctrine of primary
jurisdiction. The referral also applies to another proceeding in the
same Court, Civil No. 1:99CV110ST (involving MCI WorldCom Communications
Co., Inc.).

The four issues as identified by the Court in its January 10, 2000
("Order") to be within the primary jurisdiction of the FCC are:

1.  The facilities based reseller issues;

2.  The retroactive adjustment or true up;

3.  The overpayment for calls set-offs, and

4.  Interim payment issues.

The Flying J petition for declaratory ruling will be available for
public inspection in the Commission\'s Reference Center, Room CY-A257,
445 12th Street S.W., Washington, DC 20554, (202) 418-0270. Copies can
be purchased from International Transcription Services (ITS), the
Commission\'s duplicating contractor, at its office at 1231 20th Street
N.W., Washington, DC 20036, or by calling (202) 857-3800.

Interested parties may file comments no later than April 30, 2000, Reply
comments may be filed no later than May 22, 2000. When filing comments,
reference file number CCB/CPD No. 00-04.

An original and four copies of all comments and reply comments must be
filed with the Commission\'s Secretary, Magalie Roman Salas, Office of
the Secretary, Federal Communications Commission, 445 - 12th Street
S.W., TW-A325, Washington, DC 20554. In addition, one copy of each
comment and reply comment must be filed with International Transcription
Services (ITS), the Commission\'s duplicating contractor, at its office
at 1231 20th Street N.W., Washington, DC 20036. One copy must also be
filed with the Chief, Competitive Pricing Division, Common Carrier
Bureau, 445 - 12th Street S.W., Room 5-A225, Washington, DC 20554.

This proceeding is a \"permit-but-disclose\" proceeding in accordance
with the Commission\'s *ex parte* rules. *See* 47 C.F.R. §§ 1.1200,
1.1206. Persons making oral *ex parte* presentations are reminded that
memoranda summarizing the presentations must contain summaries of the
substance of the presentations and not merely a listing of the subjects
discussed. More than a one or two sentence description of the views and
arguments presented is generally required. *See* 47 C.F.R. § 1.1206(b).
Other rules pertaining to oral and written *ex parte* presentations in
permit-but-disclose proceedings are set forth in 47 C.F.R. § 1.1206(b).

For further information, contact Al Barna or Jon Stover, Competitive
Pricing Division, Common Carrier Bureau, (202) 418-1520, TTY (202)
418-0484.

**- FCC -**