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PUBLIC NOTICE  
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

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 -