**WT Docket No. 00-164**

**DA 00-2083**

**Released: September 20, 2000**

> **PUBLIC COMMENT INVITED**

COMMISSION SEEKS COMMENT ON PETITION FOR A DECLARATORY RULING REGARDING
WHETHER CERTAIN CMRS PRACTICES VIOLATE THE COMMUNICATIONS ACT

> **Comment Date: October 20, 2000 Reply Comment Date: November 6,
> 2000**

In this Public Notice, the Wireless Telecommunications Bureau seeks
comment on a petition for declaratory ruling filed on February 2, 2000
by the plaintiffs in the *White v. GTE* class action lawsuit.[^1] The
White petition requests a declaratory ruling on the issues contained in
count I of the Third Amended Complaint of the GTE class action. GTE
filed an opposition to the White petition on February 10, 2000. On March
3, 2000, petitioners submitted a reply to GTE's opposition.

The issues presented by the White petition are focused on whether the
following practices are unjust and unreasonable practices under section
201(b) of the Communications Act: (1) charging customers for dead time;
(2) charging for unanswered or unconnected calls; (3) measuring the time
of a call from the time the "send" button (or other similar button) is
pushed; and, (4) the practice of rounding up any of the foregoing types
of charges to the next minute. In light of the Commission decisions in
response to the Southwestern Bell Mobile Systems petition[^2] and the
WCA petition,[^3] comment is requested on these issues. Interested
parties may file comments and reply comments in accordance with the
procedures outlined below.

This matter shall be treated as a \"permit‑but‑disclose\" proceeding in
accordance with the Commission\'s *ex parte* rules. 47 C.F.R. §§
1.1200(a), 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
section 1.1206(b) of the Commission\'s rules, 47 C.F.R. § 1.1206(b).

Comments on the White petition must be filed by **October 20, 2000**,
and reply comments by **November 6, 2000**. Parties should reference WT
Docket No. 00-164 in their comments. Parties may obtain copies of the
White petition and subsequent filings at the FCC website,
\<http://www.fcc.gov/e‑file/ecfs.html\>. The documents are available for
public inspection and copying in the Reference Center, Room CY A-257,
445 12th St., S.W., Washington, DC 20554. Copies of the documents are
also available from ITS, at 1231 20th Street, NW, Washington, DC 20036,
or by calling (202) 857‑3800.

Comments may be filed using the Commission\'s Electronic Comment Filing
System (ECFS) or by filing paper copies. Comments filed through the ECFS
can be sent as an electronic file via the Internet to
\<http://www.fcc.gov/e‑file/ecfs.html\>. In completing the transmittal
screen, commenters should include their full name, Postal Service
mailing address, and the applicable docket or rulemaking number. Parties
may also submit an electronic comment by Internet e‑mail. To get filing
instructions for e‑mail comments, commenters should send an e‑mail to
ecfs@fcc.gov, including \"get form \<your e‑mail address\>\" in the body
of the message. A sample form and directions will be sent in reply.

Interested parties who choose to file by paper must file an original and
four copies of their comments with the Office of the Secretary, Federal
Communications Commission, 445 Twelfth St., S.W., Room TW‑A325,
Washington, D.C. 20554. In addition, parties should send two copies to
Susan Kimmel, Policy Division, Wireless Telecommunications Bureau,
Federal Communications Commission, 445 Twelfth St., S.W., Washington,
D.C. 20554, and one copy to ITS, at 1231 20th Street, N.W., Washington,
D.C. 20036.

FOR FURTHER INFORMATION CONTACT: Susan Kimmel or Mary Woytek at (202)
418-1310. The address is: Policy Division, Wireless Telecommunications
Bureau, Federal Communications Commission, 445 Twelfth St., S.W.,
Washington, D.C. 20554. The fax number is: (202) 418-8188. The TTY
number is: (202) 418-0484.

\- FCC -

[^1]: *White v. GTE*, No. 97-1859-CIV-T-26C (M.D. Fla. filed Oct. 29,
    1998) (GTE class action).

[^2]: Southwestern Bell Mobile Systems, Inc. Petition for a Declaratory
    Ruling Regarding the Just and Reasonable Nature of, and State
    Challenges to, Rates Charged by CMRS Providers when Charging for
    Incoming Calls and Charging for Calls in Whole-Minute Increments,
    FCC 99-365, *Memorandum Opinion and Order*, 14 FCC Rcd 19898 (1999).

[^3]: ^?^ Wireless Consumers Alliance, Petition for a Declaratory Ruling
    Concerning Whether the Provisions of the Communications Act of 1934,
    as Amended, or the Jurisdiction of the Federal Communications
    Commission Thereunder, Serve to Preempt State Courts from Awarding
    Monetary Relief Against Commercial Mobile Radio Service (CMRS)
    Providers (a) for Violating State Consumer Protection Laws
    Prohibiting False Advertising and Other Fraudulent Business
    Practices, and/or (b) in the Context of Contractual Disputes and
    Tort Actions Adjudicated Under State Contract and Tort Laws, WT
    Docket No. 99-263, *Memorandum Opinion and Order*, FCC 00-292,
    released Aug. 14, 2000.