Federal Register / Vol. 63, No. 127 /Thursday, July 2, 1998 /Rules and Regulations 36191

1 MCI v. FCC, No. 97–1675, slip op. (D.C. Cir. May

15, 1998).

2 Implementation of Pay Telephone

Reclassification and Compensation Provisions of

the Telecommunications Act of 1996, Second

Report and Order, CC Docket No. 96–128, 62 FR

58659 (October 30, 1997), 13 FCC Rcd 1778 (1997)

(‘‘Second Order’’).

3 MCI v. FCC, slip op. at 5.

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 64

[CC Docket No. 96–128; DA 98–1198]

Pay Telephone Reclassification and

Compensation Provisions of the

Telecommunciations Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Request for comments pursuant

to court decision.

SUMMARY: This document seeks further

comment on certain issues raised by the

May 15, 1998 decision of the United

States Court of Appeals for the District

of Columbia Circuit in MCI

Telecommunications Corporation, et al.

v. FCC. The Court of Appeals decision

related to the Commission’s Second

Report and Order on pay telephone

reclassification and compensation

provisions.

DATES: Comments are due on or before

July 13, 1998, and reply comments are

due on or before July 27, 1998.

ADDRESSES: Federal Communications

Commission, Room 222 , 1919 M St.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Greg

Lipscomb, Formal Complaints and

Information Branch, Enforcement

Division, Common Carrier Bureau.

(202)418–0960.

SUPPLEMENTARY INFORMATION: In MCI

Telecommunications Corporation, et al.

v. FCC (‘‘MCI v. FCC’’),1 the court held

that the Commission failed to explain,

in its Second Order,2 published on

October 30, 1997, at 62 FR 58659, why

a market-based rate for coinless calls

could be derived by subtracting avoided

costs from a market rate charged for coin

calls.3 In light of the court’s decision in

MCI v. FCC, we seek comment on

competition in the payphone market

since the deregulation of payphones and

the impact of deregulation on the local

coin rate. To that end, we seek comment

and evidence on whether the local coin

rate reflects competitive market

conditions and the extent to which costs

and rates converge in the coin call

market. We also seek comment on the

similarities and differences between the

market segments for coin and coinless

calls and the factors attributable to these

similarities and differences, including

the use of payphones to initiate both

types of calls. We further seek comment

on whether, and how, the distinctions

between these market segments should

affect the determination of a reasonable

default compensation amount for

coinless calls. Parties should address

any market imperfections that might

affect the use of the local coin rate as a

market-based surrogate for coinless

calls, including locational monopolies,

and limitations on the use of pennies in

payphones.

The Second Order concluded that

coin and coinless calls share certain

joint and common costs, because each

type of call generally uses the same

piece of equipment. Therefore, we seek

comment on the reasonableness of

adjusting the local coin rate for cost

differences between providing coin and

coinless calls as a market-based

mechanism for deriving fair

compensation for coinless calls. We ask

that parties respond specifically to the

concerns raised by the court in

establishing the appropriate per-call

compensation amount using this

approach. We also seek comment on

other market-based methodologies that

could be used to establish a per-call

compensation rate for coinless calls. In

suggesting alternative market

approaches, parties should address, for

example, how a payphone service

provider would use the market-based

approach to set a price for coinless calls

in a deregulated market when providing

a number of related types of services

using substantially the same payphone

equipment.

We will incorporate in this

proceeding the comments and reply

comments filed in the Second Order

proceeding and in response to petitions

for reconsideration of the Second Order.

Parties may also file additional

information regarding specific

payphone costs for providing coinless

calls and the differences in costs for

providing coin calls.

Pursuant to applicable procedures set

forth in §§ 1.415 and 1.419 of the

Commission’s rules, 47 CFR 1.415,

1.419, interested parties may file

comments with the Office of the

Secretary, Federal Communications

Commission, Room 222, 1919 M St.

NW, Washington, DC 20554 on or before

July 13, 1998, and reply comments on

or before July 27, 1998. To file formally

in this proceeding, participants must

file an original and four copies of all

comments, reply comments, and

supporting comments. In addition,

parties should file two copies of any

such pleadings with the Chief,

Enforcement Division, Common Carrier

Bureau, Stop 1600A, Room 6008, 2025

M Street, NW, Washington, DC 20554.

Parties should also file one copy of any

documents filed in this docket with the

Commission’s copy contractor,

International Transcription Services,

Inc., 1231 20th Street, NW, Washington,

DC 20036. Comments and reply

comments will be available for public

inspection during regular business

hours in the FCC Reference Center

(Room 239), 1919 M Street, NW,

Washington, DC.

Federal Communications Commission.

Kathryn C. Brown,

Chief, Common Carrier Bureau.

[FR Doc. 98–17830 Filed 7–1–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–40; RM–9240]

Radio Broadcasting Services; Gurdon,

AR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to a petition for

rule making filed on behalf of PGR

Communications, Inc., licensee of

Station KYXK(FM), Channel 224A,

Gurdon, Arkansas, this document

substitutes Channel 295A for Channel

224A at Gurdon and modifies the

license for Station KYXK(FM), as

requested. The modification will enable

Station KYXK(FM) to improve its Class

A facilities to six kilowatts and expand

its coverage area. See 63 FR 17799,

April 10, 1998. With this action, the

proceeding is terminated.

EFFECTIVE DATE: August 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 98–40,

adopted June 17, 1998, and released

June 26, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.
36192 Federal Register / Vol. 63, No. 127 /Thursday, July 2, 1998 /Rules and Regulations

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Arkansas is amended

by removing Channel 224A and adding

Channel 295A at Gurdon.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–17552 Filed 7–1–98; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–51; RM–9241]

Radio Broadcasting Services; Salmon,

ID

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

233A to Salmon, Idaho, as that

community’s second local FM

transmission service, in response to a

petition for rule making filed on behalf

of Alpine Broadcasting Limited

Partnership. See 63 FR 19700, April 21,

1998. Coordinates used for Channel

233A at Salmon, Idaho, are 45–10–30

and 113–53–42. With this action, the

proceeding is terminated.

DATES: Effective August 10, 1998. A

filing window for Channel 233A at

Salmon, Idaho, will not be opened at

this time. Instead, the issue of opening

a filing window for this channel will be

addressed by the Commission in a

separate Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

application filing process for Channel

233A at Salmon, Idaho, should be

addressed to the Audio Services

Division, (202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 98–51,

adopted June 17, 1998, and released

June 26, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Idaho, is amended by

adding Channel 233A at Salmon.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–17551 Filed 7–1–98; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–236; RM–9186]

Radio Broadcasting Services; Point

Arena, CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

296B1 to Point Arena, California, in

response to a petition for rule making

filed on behalf of Point Broadcasting,

one of two applicants for Channel

272B1 at Point Arena, to resolve the

mutual exclusivity, and to provide a

second local FM service to that

community. See 62 FR 65782, December

16, 1997. Petitioner is permitted to

amend its pending application for

Channel 272B1 at Point Arena (File No.

BPH–940223MC) to specify operation

on Channel 296B1 while retaining its

cut-off protection. Coordinates used for

Channel 296B1 at Point Arena are 38–

54–42 North Latitude and 123–41–24

West Longitude. With this action, the

proceeding is terminated.

EFFECTIVE DATE: August 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–236,

adopted June 17, 1998, and released

June 26, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under California, is

amended by adding Channel 296B1 at

Point Arena.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–17550 Filed 7–1–98; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–31, RM–9227]

Radio Broadcasting Services;

Johnstown and Altamount, NY

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document reallots

Channel 285A from Johnstown to

Altamount, New York, and modifies the

Station WSRD license to specify

operation on Channel 285A at

Altamount, New York. See 63 FR 13158,

March 18, 1998. The reference

coordinates for Channel 285A at

Altamount, New York, are 42–38–07

and 74–04–30. With this action, the

proceeding is terminated.

EFFECTIVE DATE: August 14, 1998.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau (202)

418–2177.