DA 07-70

Released: January 12, 2007

**[PLEADING CYCLE ESTABLISHED FOR PAYPHONE ASSOCIATION OF OHIO PETITION
TO PRE-EMPT THE ACTIONS OF THE STATE OF OHIO, AND FOR A DECLARATORY
RULING]{.underline}**

CC Docket No. 96-128

**COMMENTS: February 1, 2007**

**REPLY COMMENTS: February 12, 2007**

On December 28, 2006, the Payphone Association of Ohio (PAO) filed a
petition for declaratory ruling and preemption asking the Commission to:
establish the rights of PAO members to refunds of payphone access line
rate overcharges dating back to April 15, 1997; preempt the actions of
the Public Utilities Commission of Ohio that PAO alleges are
inconsistent with this Commission's regulations and the new services
test and; order SBC-Ohio to disgorge itself of dial-around compensation
collected pursuant to section 276 of the Act and the FCC's rules and
orders promulgated under it.

We invite comments on the PAO petition. Interested parties may file
comments on or before **February 1, 2007** and reply comments on or
before **February 12, 2007**. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS) or by filing paper
copies.[^1] Comments filed through the ECFS can be sent as an electronic
file via the Internet to http://www.fcc.gov/cgb/ecfs/. Generally, only
one copy of an electronic submission must be filed. If multiple docket
or rulemaking numbers appear in the caption of the proceeding,
commenters must transmit one electronic copy of the comments to each
docket or rulemaking number referenced in the caption. In completing the
transmittal screen, commenters should include their full name, U.S.
Postal Service mailing address, and the applicable docket or rulemaking
number, in this case, **CC Docket No. 96-128**. 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, and
should include the following words in the body of the message, "get
form." A sample form and directions will be sent in reply. Parties who
choose to file by paper must file an original and four copies of each
filing. If more than one docket or rulemaking number appears in the
caption of this proceeding, commenters must submit two additional copies
for each additional docket or rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). **Parties are strongly encouraged to file comments
electronically using the Commission's ECFS.**

The Commission's contractor, Natek, Inc., will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002.

-   The filing hours at this location are 8:00 a.m. to 7:00 p.m.

-   All hand deliveries must be held together with rubber bands or
    fasteners.

-   Any envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class mail, Express Mail, and Priority
    Mail should be addressed to 445 12th Street, SW, Washington, D.C.
    20554.

All filings must be addressed to the Commission's Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, 445
12th Street, SW, Washington, D.C. 20554. Parties should also send a copy
of their filings to Lynne Hewitt Engledow, Pricing Policy Division,
Wireline Competition Bureau, Federal Communications Commission, Room
5-A361, 445 12th Street, SW, Washington, D.C. 20554 or by e-mail to
lynne.engledow@fcc.gov. Parties shall also serve one copy with the
Commission's copy contractor, Best Copy and Printing, Inc., Portals II,
445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, (202)
488-5300, or via e-mail to fcc@bcpiweb.com.

Documents in CC Docket No. 96-128 are available for public inspection
and copying during business hours at the FCC Reference Information
Center, 445 12th Street, SW, Room CY-A257, Washington, D.C. 20554. The
documents may also be purchased from BCPI, telephone (202) 488-5300,
facsimile (202) 488-5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com. To
request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
telephone (202) 418-0530 or TTY (202) 418-0432.

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules. *See* 47 C.F.R. §§
1.1200 *et seq*. 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 generally is required. *See* 47
C.F.R. § 1.1206(b)(2). 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. *See* 47 C.F.R. §
1.1206(b).

For further information, contact Lynne Hewitt Engledow, Pricing Policy
Division, Wireline Competition Bureau, (202) 418-1520.

**- FCC -**

[^1]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).