DA 95-1312 PLEADING CYCLE ESTABLISHED FOR COMMENTS ON

APPLICATIONS FOR REVIEW OF

GTE'S SECTION 214 AUTHORIZATIONS

FILE NO. W-P-C-6955, 6956, 6957, 6958

Released: June 13, 1995

On June 5, 1995, the National Cable Television Association (NCTA), Chronicle Publishing d/b/a Chronicle Cablevision and The Virginia Cable Telecommunications Association (Chronicle), and the California Cable Television Association (CCTA) filed applications for review of the Common Carrier Bureau's decision authorizing GTE to construct, operate, own and maintain facilities to provide video dialtone service. (See In the Matter of the Applications of Contel of Virginia, Inc. doing business as GTE Virginia, GTE Florida Incorporated, GTE California Incorporated, and GTE Hawaiian Telephone Company, Inc., For Authority under Section 214 of the Communications Act of 1934, as amended, and Part 63 of the Commission's Rules, to construct, operate, and maintain facilities to provide video dialtone service, File Nos. W-P-C-6955, 6956, 6957, 6958, Order and Authorization, DA 95-1012 (rel. May 5, 1995)).

NCTA argues that the Bureau exceeded its delegated authority by granting GTE commercial Section 214 authorizations while ordering fundamental changes in GTE's proposals. NCTA also argues that the Bureau deferred action on critical issues which have a major impact on the GTE proposal. Chronicle argues that the Bureau's decision applies the incorrect legal standard in reviewing GTE's 214 application and conflicts with Commission precedent on video dialtone. CCTA only seeks review of GTE's authorization for video dialtone service in the Ventura County, California area and raises the same arguments as Chronicle.

Interested parties are invited to file comments on the applications for review. Oppositions should be filed by July 13, 1995, and replies to the oppositions should be filed by July 28, 1995, with the Secretary, Federal Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. Three copies should also be sent to Peggy Reitzel, Common Carrier Bureau, FCC, Room 544, 1919 M Street, N.W., Washington, D.C. 20554, and to the Commission's contractor for public service records duplication: ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Copies of the applications can be obtained from ITS at (202) 857-3800. The applications are available for review and photocopying at the FCC Public Reference Room, 6th Floor, 2025 M Street, N.W., Washington, D.C., from 8:30-12:30 and 1:30-3:00, Monday through Thursday.

We will continue to treat this proceeding as non-restricted for purposes of the Commission's ex parte rules. See generally 47 C.F.R. §§ 1.1200-1.1216. For further information contact Peggy Reitzel, Policy and Program Planning Division of the Common Carrier Bureau, at (202) 418-1579.

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