*Pages 1--3 from  Microsoft Word - 45259.doc*
 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov 
 DA  05-  49 
 INDEPENDENT  PAYPHONE  ASSOCIATION  OF  NEW  YORKS  PETITION  FOR  PRE-  EMPTION  AND  DECLARATORY  RULING 
 CONCERNING  REFUND  OF  PAYPHONE  LINE  RATE  CHARGES 
 PLEADING  CYCLE  ESTABLISHED 
 CC  Docket  No.  96-  128 


 Released:  January  7,  2005 
 Comment  Date:  January  18,  2005  Reply  Comment  Date:  January  25,  2005 
 On  December  29,  2004,  the  Independent  Payphone  Association  of  New  York  (IPANY)  filed  a  petition  asking  the  Commission  to  pre-  empt  rulings  of  the  State  of  New  York  that 
 allegedly  contravene  the  Commissions  payphone  orders.  IPANYs  petition  also  seeks  a  declaratory  ruling  that  IPANY  members  are  entitled  to  refunds  of  the  tariffed  payphone  line  rate 
 charges  they  paid  to  Verizon  from  1997  to  date,  to  the  extent  those  charges  exceeded  rates  that  comply  with  the  Commissions  new  services  test.  1 


 Also  on  December  29,  2004,  IPANY  filed  a  motion  pursuant  to  section  1.227  of  the  Commissions  rules  2  to  consolidate  its  petition  with  the  Commissions  consideration  of  the 
 Illinois  Public  Telecommunications  Associations  July  30,  2004,  petition  for  a  declaratory  ruling  (IPTA)  and  the  Southern  Public  Communications  Association  (SPCA)  petition  for  similar  relief 
 in  this  docket.  3  IPANY  contends  that  its  petition  raises  substantially  the  same  issues  presented 
 1  See  Implementation  of  the  Pay  Telephone  Reclassification  and  Compensation  Provisions  Of  the 
 Telecommunications  Act  of  1996,  CC  Docket  No.  96-  128,  Petition  of  Independent  Payphone  Associatioin  of  New  York,  Inc.  for  an  Order  on  Pre-  emption  and  Declaratory  Ruling  at  10  (filed  December  29,  2004). 


 2  47  C.  F.  R.    1.227. 
 3  Comment  Sought  on  Southern  Public  TeleCommunications  Associations  Petition  For  a  Declaratory 
 Ruling  Concerning  Refund  of  Payphone  Line  Rate  Charges,  Public  Notice,  CC  Docket  No.  96-  128,  DA  04-  3653  (rel.  November  19,  2004). 
1
 2 
 by  IPTAs  and  SCPAs  petitions  for  declaratory  ruling.  IPTAs  and  SCPAs  petitions  contend  that  its  members  are  entitled  to  refunds  of  the  tariffed  payphone  line  rate  charges  they  paid  to 
 SBC  Ilinois  and  to  Verizon  North  and  South  and  BellSouth,  respectively,  from  1997  to  2003,  to  the  extent  the  charges  exceeded  rates  that  comply  with  the  Commissions  new  services  test. 


 IPANYs  petition  appears  to  raise  the  same  or  substantially  similar  issues  raised  in  the  IPTA  and  SCPA  petitions.  Accordingly,  we  will  consider  IPANYs  petition  with  our 
 consolidated  consideration  of  the  IPTA  and  SCPA  petitions  in  CC  Docket  No.  96-  128. 
 We  invite  comment  on  the  IPANY  petition.  Pursuant  to  applicable  procedures  set  forth  in  sections  1.415  and  1.419  of  the  Commissions  rules,  interested  parties  may  file  comments  on 
 or  before  January  18,  2005  and  reply  comments  on  or  before  January  25,  2005.  Comments  may  be  filed  using  the  Commission's  Electronic  Comment  Filing  System  (ECFS)  or  by  filing  paper 
 copies.  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  63  Fed.  Reg.  24121  (1998). 


 Comments  filed  through  the  ECFS  can  be  sent  as  an  electronic  file  via  the  Internet  to  <http://  www.  fcc.  gov/  e-  file/  ecfs.  html>.  Generally,  only  one  copy  of  an  electronic  submission 
 must  be  filed.  If  multiple  docket  or  rulemaking  numbers  appear  in  the  caption  of  this  proceeding,  however,  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  <your  e-  mail  address>."  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). 


 The  Commission's  contractor,  Natek,  Inc.,  will  receive  hand-  delivered  or  messenger-  delivered  paper  filings  for  the  Commission's  Secretary  at  236  Massachusetts  Avenue,  N.  E.,  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. 
2
 3 
 All  filings  must  be  addressed  to  the  Commission's  Secretary,  Marlene  H.  Dortch,  Office  of  the  Secretary,  Federal  Communications  Commission,  Room  TW-  A325,  445  12  th  Street,  SW, 
 Washington,  D.  C.  20554.  Parties  should  also  send  a  copy  of  their  filings  to  Jon  Stover,  Pricing  Policy  Division,  Wireline  Competition  Bureau,  Federal  Communications  Commission,  Room  5- 
 A365,  445  12  th  Street,  SW,  Washington,  D.  C.  20554,  or  by  e-  mail  to  jon.  stover@  fcc.  gov.  Parties  shall  also  serve  one  copy  with  the  Commissions  copy  contractor,  Best  Copy  and 
 Printing,  Inc.  (BCPI),  Portals  II,  445  12th  Street,  SW,  Room  CY-  B402,  Washington,  D.  C.  20554,  (202)  488-  5300,  or  via  e-  mail  to  fcc@  bcpiweb.  com. 


 The  petition  for  declaratory  ruling  and  comments  filed  by  participating  parties  will  be  available  for  public  inspection  and  copying  during  business  hours  at  the  FCC  Reference 
 Information  Center,  Portals  II,  445  12  th  Street  SW.,  Room  CY-  A257,  Washington,  DC  20554.  The  documents  may  also  be  purchased  from  BCPI,  telephone  (202)  488-  5300,  facsimile  (202) 
 488-  5563,  TTY  (202)  488-  5562,  or  by  e-  mail  at  fcc@  bcpiweb.  com. 


 This  matter  shall  be  treated  as  a  permit-  but-  disclose  proceeding  in  accordance  with  the  Commission's  ex  parte  rules.  4  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.  5  Other  requirements  pertaining  to  oral  and  written  presentations  are  set  forth  in  section  1.1206(  b)  of  the 
 Commission's  rules.  6 


 Action  by  the  Chief,  Pricing  Policy  Division,  Wireline  Competition  Bureau. 
 For  further  information,  contact  Jon  Stover  of  the  Pricing  Policy  Division,  Wireline  Competition  Bureau  at  (202)  418-  0390. 


 4  47  C.  F.  R.    1.1200  et  seq. 
 5  See  47  C.  F.  R.    1.1206(  b)(  2). 
 6  47  C.  F.  R.    1.1206(  b). 
3