[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Notices]
[Page 34249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16073]
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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 95-84; FCC 95-221]
TCA Management Co.; Teleservice Corporation of America; and TCA
Cable of Amarillo, Inc. v. Southwestern Public Service Company
AGENCY: Federal Communications Commission.
ACTION: Hearing Designation Order.
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SUMMARY: The Commission has adopted an order designating for hearing a
pole attachment complaint filed by TCA Management Co., and its
affiliates, Teleservice Corporation of America and TCA Cable of
Amarillo, Inc. against Southwestern Public Service Company. This action
is being done to expedite the resolution of this complaint.
FOR FURTHER INFORMATION CONTACT:
Thaddeus Machcinski, Common Carrier Bureau, Accounting and Audits
Division, (202) 418-0808.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order
in CC Docket No. 95-84, adopted June 9, 1995 and released June 15,
1995. The complete text of this Order is available for inspection and
copying during normal business hours in the FCC Dockets Branch (Room
230), 1919 M Street, N.W., Washington D.C., and may also be purchased
from the Commission's copy contractor, International Transcription
Service, Inc., at 2100 M Street, N.W., Suite 140, Washington, D.C.
20037, or call (202) 857-3800.
Synopsis of Order
1. This Order designates for hearing a pole attachment complaint
filed by TCA Management Co., and its affiliates, Teleservice
Corporation of America and TCA Cable of Amarillo, Inc. (collectively,
TCA) against Southwestern Public Service Company (SPS). The complaint
concerns the pole attachment rates SPS has charged TCA since October
16, 1990.
2. The Order directs the presiding administrative law judge to
require the parties to meet prior to hearing to determine whether the
case can be settled. In the event a settlement is not reached, the
Order directs the presiding law judge to, if possible, to resolve the
case on a paper record. If unable to do so, the Order directs the
presiding law judge to conduct such further proceedings as may be
necessary to resolve the complaint.
3. This Order also gives the Chief, Common Carrier Bureau the
delegated authority to designate other pole attachment complaints for
hearing before an administrative law judge and it directs the parties
to the complaint to file any exceptions to the administrative law
judge's decision to the Commission rather than to the Review Board.
4. The Order was effective upon release.
Ordering Clauses
5. Accordingly, it is ordered, pursuant to Sections 4(i), 4(j), and
224 of the Communications Act of 1934, as amended, 47 U.S.C.
Secs. 154(i), 154(j), & 224, that the complaint of TCA Management Co.,
Teleservice Corporation of America, and TCA Cable of Amarillo, Inc.
filed October 16, 1990, against Southwestern Public Service Company is
granted to the extent indicated in Parts III and IV of this Order, and
to the extent not granted, is referred to an Administrative Law Judge.
6. It is further ordered, pursuant to Sections 4(i), 4(j), and 224
of the Communications Act of 1934, as amended, 47 U.S.C. Secs. 154(i),
154(j), & 224, that the above-captioned complaint proceeding is
designated for hearing in a proceeding to be held before an
Administrative Law Judge at a time and place to be specified in a
subsequent order upon the following issues:
1. To determine whether SPS charged TCA pole attachment rates
that exceeded the maximum amounts allowable under Commission rules
during the period covered by the complaint.
2. If SPS had charged TCA excessive pole attachment rates during
the period covered by the complaint, to determine the amounts of the
refunds SPS must pay TCA.
3. To determine, in view of the evidence adduced on the
foregoing issues, whether TCA is entitled to interest on any refund
amounts and, if so, the amount of that interest.
7. It is further ordered, that the burden of proof and the burden
of proceeding with the introduction of evidence shall be upon
complainants.
8. It is further ordered, that the designated parties may avail
themselves of an opportunity to be heard by filing with the Commission
a Notice of Appearance in accordance with Section 1.221 of the Rules,
47 C.F.R. Sec. 1.221, within twenty (20) days of the mailing of this
Order.
9. It is further ordered, that SPS and TCA shall file the
information set forth in paragraphs 31 and 32, above, within thirty
(30) days of the mailing of this Order.
10. It is further ordered, that the parties shall address any
exceptions to the ALJ's decision in this proceeding to the Commission.
11. It is further ordered, that the Chief, Common Carrier Bureau,
shall have delegated authority to designate pole attachment complaint
cases for hearing before an Administrative Law Judge in appropriate
circumstances.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-16073 Filed 6-29-95; 8:45 am]
BILLING CODE 6712-01-M
