Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of Texas Department of Housing and Community Affairs vs. Flying W Mobile Homes to hear alleged violations of the Act, §4(f) and §7(d)(k)(6) and §;80.28(a), 80.51, 80.121(a)(b)(c), 80.125(e), 80.131(b) and 80.132(6) regarding obtaining, maintaining or possessing a valid installer's license; not properly installing two manufactured homes and not responding with corrective action on the homes in a timely manner; also not properly submitting monthly Installation Summary Report showing the number of homes installed. SOAH 332-97-2257. Department MHD1995000743C, MHD1996001442D, MHD1997002863D, MHD1998000420U and MHD1998000499U.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-3589.

Issued in Austin, Texas, on December 31, 1997.

TRD-9717316

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs Manufactured Housing Division

Filed: December 31, 1997

Texas Department of Human Services

Request for Proposal

The Texas Department of Human Services (DHS) is requesting proposals (RFP) from providers for the delivery of Medicaid home and community-based services provided through the Community Living Assistance and Support Services (CLASS) program. To be eligible to contract with the department, a Direct Service Agency must be licensed by the Texas Department of Health as a home and community support services (HCSS) agency under the categories of licensed home health and personal assistance services, be selected in the RFP process, be enrolled and certified as a CLASS provider, and complete mandatory CLASS provider agency training.

Description of Services: The direct services agency is responsible for delivering the following services in accordance with the individual service plan: personal care and habilitation services, nursing services, physical therapy, occupational therapy and speech pathology services, respite, psychological services, adaptive aids and minor home modifications. CLASS participants are also eligible for the full range of Medicaid benefits. Direct service agency representatives participate in the assessment and care planning functions of the interdisciplinary team and work in a cooperative relationship with the case management agencies.

Geographic Area: The department intends to contract for the delivery of CLASS services to the following number of individuals in the following service areas/counties: 65 individuals in the Corpus Christi area (Nueces/San Patricio/Kleberg/ Jim Wells counties).

Closing Date and Time: Proposals must be received by the department by 5:00 p.m. on Friday, February 20, 1998.

Bidder's Questions/Inquiries: Bidders must submit questions pertaining to the RFP and/or the CLASS program in writing to DHS to the attention of Jessie Hood at the address or fax number below. All questions must be submitted to DHS by 5:00 p.m. on Friday, January 30, 1998.

Historically underutilized businesses, public or private profit, with demonstrated knowledge, competence, and qualifications in performing these services are encouraged to apply.

Contact Person for RFP: To obtain a Request for Proposal packet, please write Jessie Hood, Administrative Technician, CLASS Program, Texas Department of Human Services, 701 West 51st Street (Mail Code W-521, Austin, Texas 78756), P.O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030. You may call Jessie Hood at (512) 438-5658 or fax a request to (512) 438-5133. The request for proposal will be available on Monday, January 12, 1998.

Issued in Austin, Texas, on December 30, 1997.

TRD-9717280

Glen Scott

Agency Liaison

Texas Department of Human Services

Filed: December 30, 1997

Texas Department of Insurance

Notices

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by Westport Insurance Corporation proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code, Annotated Article 5.101, §3(l). They are proposing rating subclasses for commercial automobile risks, specifically, a 15% reduction in commercial rates for the following categories of commercial automobile risks: LPG Fleet and Non-Fleet (except zone rated risks); Tool and Die Manufactures; Farmers; and Dump & Transit Mix Trucks and Trailers.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Article 5.101, §3(h), is made with the Associate Commissioner of Regulation and Safety, Rose Ann Reeser, at the Texas Department of Insurance, MC 107-2A, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

Issued in Austin, Texas, on December 29, 1997.

TRD-9717216

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: December 29, 1997

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by Southern Farm Bureau Casualty Insurance Company and Texas Farm Bureau Mutual Insurance Company proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to Texas Insurance Code, Annotated Article 5.101, §3(l). They are proposing an increase in the companies' companion policy discount from 5% to 10% in premium to private passenger rated vehicles written by either of the above companies when the insured also has a Texas homeowners or farm and ranch owners policy issued by Southern Farm Bureau Casualty Insurance Company, Texas Farm Bureau Mutual Insurance Company, or Texas Farm Bureau Underwriters.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

Issued in Austin, Texas, on December 29, 1997.

TRD-9717215

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: December 29, 1997

Notice of Issuance of Request for Proposals

RFP No. RBD97-010. The Texas Department of Insurance (the department) has issued a Request for Proposals from qualified engineering firms for certain windstorm inspection services under the Insurance Code, Article 21.49, §6A.

Project Description. The selected contractor, if any, shall provide windstorm inspection services under a contract with the department.

Contact. Parties interested in submitting a proposal should request a copy of the Request for Proposals from Ms. Regina Durden, Assistant Director, Purchasing, Contracting & Graphic Design, Texas Department of Insurance, P.O. Box 149104, MC 108-5A, 8th Floor, Tower 1, Hobby Building, 333 Guadalupe, Austin, TX 78714-9104; 512-475-1782 (telephone) or 512-463-6159 (facsimile).

Closing Date. Proposals in response to the department's Request for Proposals must be received by the department no later than 3:00 p.m., January 27, 1998.

Award Process and Compensation. The department is currently providing the windstorm inspections described in the Request for Proposals, is studying the feasibility of contracting for these inspections and has not made a final decision. The department may or may not make any award as a result of the Request for Proposals. The department reserves the right to reject any or all proposals or offers deemed not to be in the bests interests of the department or the State of Texas. The department will not make any payments to any contractor for services performed or costs incurred under the terms of or in connection with any contract awarded as a result of the department's issuance of the Request for Proposals. Selected contractor's sole compensation will be through contractor's collection from third parties of certain specific fees which have been approved by the department in a contract with the contractor. The department will not make any payments for any costs incurred by any contractor in preparing a proposal response to the Request for Proposal; such costs may not be recouped by the selected contractor under the terms of any resulting contract.

Issued in Austin, Texas, on December 29, 1997.

TRD-9717214

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: December 29, 1997

Texas Department of Mental Health and Mental Retardation

Notice of Public Hearing on Medicaid Rates

The Texas Department of Mental Health and Mental Retardation (TDMHMR) and the Texas Health and Human Services Commission will jointly conduct a public hearing to receive comments on proposed reimbursements for the following Medicaid programs: state-operated campus-based Intermediate Care Facilities for the Mentally Retarded (ICF/MR) rates effective January 1, 1998, through December 31, 1998; and, state-operated small ICF/MR rates effective January 1, 1998, through December 31, 1998. The public hearing is held in compliance with Title 25, Texas Administrative Code, Chapter 409, Subchapter A, §409.002(h), which requires a public hearing on proposed reimbursement rates for medical assistance programs.

The public hearing will be held at 1:30 p.m., Wednesday, January 21, 1998, in Room 295, of the main TDMHMR Central Office building (Building 2) at 909 West 45th Street in Austin, Texas.

Persons who wish to offer testimony but who are unable to attend the hearing may submit written comments which must be received by noon the day of the hearing. The written comments should be sent to the Data Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668 or faxed to (512) 206-5725.

Interested parties may obtain a copy of the reimbursement briefing package by calling the Data Analysis Section at 512/206-5680. If interpreters for the hearing impaired are required, please contact the Data Analysis Section at the number given above at least 72 hours in advance of the hearing. Issued in Austin, Texas on December 30, 1997. Linda Logan Agency Liaison Office of Policy Development Texas Department of Mental Health and Mental Retardation For More Information: 512/206-4516

Issued in Austin, Texas, on December 30, 1997.

TRD-9717248

Ann K. Utley

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: December 30, 1997

Notice of Request for New §1915(c) Waiver

The State of Texas is requesting Health Care Financing Administration (HCFA) approval of a new waiver as authorized by Section 1915(c) of the Social Security Act. Under the approved new waiver, the Texas Department of Mental Health and Mental Retardation (TDMHMR) will operate a pilot program in which local mental retardation authorities (MRAs) will assist the department in evaluating an alternative method for managing and administering a home and community-based services waiver program. An effective date of April 1, 1998, has been requested for the new waiver.

The pilot program, the Mental Retardation Local Authority (MRLA) Pilot Program, will be operated in seven counties located in the service areas of three MRAs: Austin/Travis County Mental Health and Mental Retardation Center, serving Travis county; Lubbock Regional Mental Health and Mental Retardation Center, serving Cochran, Crosby, Hockley, Lubbock, and Lynn counties; and, Tarrant County Mental Health and Mental Retardation Services, serving Tarrant county. On the effective date of the new waiver, services currently provided in the pilot area under the state's existing Home and Community-based Services (HCS) waiver program (control #0110.90.06) and Home and Community-based Services - OBRA (HCS-O) waiver program (control #0240.90.01) will be consolidated under the MRLA Pilot Program. Appropriate amendments to the HCS and HCS-O program waivers will be submitted to HCFA to request a waiver of "statewideness" to exclude the seven counties in the pilot program area from the areas covered by the HCS and HCS-O programs.

The proposed waiver will include the same array of service components as approved by HCFA for the HCS program with the exception of case management. Case management functions will be referred to as service coordination in the MRLA Pilot Program and will be provided to all enrolled individuals under the state's Targeted Case Management Program by service coordinators employed by the local MRAs.

Copies also may be obtained for public review by writing to Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, or by calling (512) 206-5754. Issued in Austin, Texas on December 30, 1997. Linda Logan Agency Liaison Office of Policy Development Texas Department of Mental Health and Mental Retardation For More Information: 512/206-4516

Issued in Austin, Texas, on December 30, 1997.

TRD-9717247

Ann K. Utley

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: December 30, 1997

Texas Natural Resource Conservation Commission

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions December 30, 1997

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 8, 1998. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code or the Health and Safety Code, the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 8, 1998. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1) COMPANY: Professional Automotive; DOCKET NUMBER: 97-0815-AIR-E; IDENTIFIER: Account Number TH-0677-P; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: repair and refinishing shop; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by constructing and operating a repair and refinishing shop without first obtaining a permit or a permit exemption; PENALTY: $400; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Texas Barge and Boat, Incorporated; DOCKET NUMBER: 97-0669-AIR-E; IDENTIFIER: Account Number BL-0423-N; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: barge cleaning operation plant; RULE VIOLATED: 30 TAC §116.115(a), Permit Numbers 21711 and 22106, and the Act, §382.085(b), by failing to conduct ground level concentration sampling of particulate matter and by failing to route vents from the volatile organic compound and wastewater storage tanks to the flare; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

Issued in Austin, Texas, on December 30, 1997.

TRD-9717240

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: December 30, 1997

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Water Code (the Code), §7.075. Section 7.705 requires that before the TNRCC may approve these AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is February 9, 1997. Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, Third Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 9, 1997. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing.

(1)COMPANY: Amer-Liquid Transport, Inc.; DOCKET NUMBER: 97-0502-AIR-E; ACCOUNT NUMBER: Enforcement ID Number 10209; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: tank truck cleaning operation; RULES VIOLATED: 30 TAC §116.115(a) and the Texas Clean Air Act, §382.085(b) by failing to comply with Special Provision 2 of TNRCC Permit Number 20587 by cleaning trucks which contained chemicals not listed on the "Approved Chemical List" attached to its permit without obtaining prior approval from the executive director of the TNRCC or its predecessor Agency, the Texas Air Control Board; PENALTY: $12,750; STAFF ATTORNEY: Cecily Small, Litigation Support Division, MC 175, (512) 239-2940; REGIONAL OFFICE: 134 East Van Buren, Suite 301, Harlingen, Texas 78550-6807, (956) 425-6010.

(2)COMPANY: Kenneth Simpson doing business as Kenneth Simpson Dairy; DOCKET NUMBER: 96-1790-AGR-E; ACCOUNT NUMBER: Enforcement ID Number 9553; LOCATION: Nemo, Johnson County, Texas; TYPE OF FACILITY: confined animal feeding operation; RULES VIOLATED: 30 TAC §321.35 and Texas Water Code, §26.121(a) by discharging wastewater from the southeast confined animal lot and a waste storage pond without authorization; 30 TAC §321.35 and §321.36 and TNRCC Permit Number 02386 by failing to provide adequate waste control facilities; 30 TAC §321.37 and TNRCC Permit Number 02386 by failing to isolate waste stockpiles by berms, dikes, or terraces; 30 TAC §321.37 and TNRCC Permit Number 02386 by failing to properly dispose of solid waste; TNRCC Permit Number 02386 by failing to notify the executive director that a discharge has occurred; 30 TAC §321.35 and TNRCC Permit Number 02386 by failing to dewater the waste storage pond to restore the required storage volume needed to contain the 25-year 24-hour rainfall event; TNRCC Permit Number 02386 by failing to build facilities according to the Waste Management Plan; and TNRCC Permit Number 02386 by failing to properly dispose of dead animals; PENALTY: $10,000; STAFF ATTORNEY: Guy Henry, Litigation Support Division, MC 175, (512) 239-6259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(3)COMPANY: Newell Cooper doing business as Milky Way Dairy; DOCKET NUMBER: 97-1030-AGR-E; ACCOUNT NUMBER: 03094; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: Texas Water Code, §26.121 by causing, suffering, allowing, or permitting unauthorized discharges of wastewater into or adjacent to waters in the state; and 30 TAC §;321.35, 321.36, and 321.37 by failing to provide adequate waste control facilities; PENALTY: $4,720; STAFF ATTORNEY: Booker Harrison, Litigation Support Division, MC 175, (512) 239-3400; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(4)COMPANY: Uvalde Beverage Barn, Inc.; DOCKET NUMBER: 96-0900-PST-E; ACCOUNT NUMBER: Enforcement ID Number 4357 (formerly E11541) Facility Number 14495; LOCATION: Uvalde, Uvalde County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) by failing to provide proper release detection for its underground storage tank (UST) systems; and 30 TAC §334.50(b)(2)(A) by failing to provide proper release detection for the pressurized piping associated with its UST systems; PENALTY: $3,600; STAFF ATTORNEY: Hodgson Eckel, Litigation Support Division, MC 175, (512) 239-2195; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

Issued in Austin, Texas, on December 31, 1997.

TRD-9717296

Kevin McCalla

Director, Legal Division

Texas Natural Resource Conservation Commission

Filed: December 31, 1997

Public Utility Commission of Texas

Notice of Application For Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 23, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Real Time Communications for a Service Provider Certificate of Operating Authority, Docket Number 18567 before the Public Utility Commission of Texas.

Applicant intends to provide resold local switched services. This includes, but may not be limited to, monthly recurring, flat-rate local exchange service, extended area service, extended metro service, foreign exchange service, foreign business office service, toll restriction, call control options, tone dialing, customer calling services, Caller ID and any other services which are available for resale from the underlying incumbent local exchange carrier(s) authorized to do business within the designated service area.

Applicant's requested SPCOA geographic area includes all areas within the service area boundaries of GTE Southwest, Inc., and Southwestern Bell Telephone Company in the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than January 14, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on December 29, 1997.

TRD-9717207

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 1997

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on December 22, 1997, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.154 - 54.159 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Momentum Telecom, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 18413 before the Public Utility Commission of Texas.

Applicant intends to resell local exchange services including tone dialing and other options, such as Caller ID and call waiting, plus all other services which are available on a resale basis from the underlying local exchange carriers.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512)936-7120 no later than January 14, 1998. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on December 29, 1997.

TRD-9717208

Rhonda Dempsey

Rules Coordinator

Public Commission of Texas

Filed: December 29, 1997

Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 23.27

Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for a 227 station addition to the existing PLEXAR-Custom service for Pasadena ISD in Pasadena, Texas.

Tariff Title and Number: Application of Southwestern Bell Telephone Company for a 227 Station Addition to the Existing PLEXAR-Custom Service for Pasadena ISD in Pasadena, Texas Pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 18547.

The Application: Southwestern Bell Telephone Company is requesting approval for a 227 station addition to the existing PLEXAR-Custom service for Pasadena ISD in Pasadena, Texas. The designated exchange for this service is the Houston exchange, and the geographic market for this specific PLEXAR-Custom service is the Houston LATA.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

Issued in Austin, Texas, on December 29, 1997.

TRD-9717206

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 1997

Public Notice of Interconnection Agreement

On December 23, 1997, Southwestern Bell Telephone Company and Allegiance Telecom of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18572. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18572. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 23, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18572.

Issued in Austin, Texas, on December 31, 1997.

TRD-9717295

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 31, 1997

On December 19, 1997, Southwestern Bell Telephone Company and Time Warner Communications of Austin, L.P., Time Warner Communications of Houston, L.P., and Fibrcom, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 nited States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18524. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

Pursuant to Public Utility Commission Procedural Rule 22.341, the commission must act to approve the amendment to the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18524. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 20, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Issued in Austin, Texas, on December 30, 1997.

TRD-9717289

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 1997

On December 19, 1997, Southwestern Bell Telephone Company and Max-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 nited States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (Vernon 1998) (PURA). The joint application has been designated Docket Number 18526. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

Pursuant to Public Utility Commission Procedural Rule 22.341, the commission must act to approve the amendment to the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18526. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 20, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utliity Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Issued in Austin, Texas, on December 30, 1997.

TRD-9717286

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 1997

On December 23, 1997, Southwestern Bell Telephone Company and CS Wireless, Inc., doing business as The Beam collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (PURA). The joint application has been designated Docket Number 18571. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The parties have requested expedited review of this application.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18571. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 27, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to Public Utility Commission Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 18571.

Issued in Austin, Texas, on December 30, 1997.

TRD-9717284

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 1997

On December 22, 1997, United Telephone Company of Texas, Inc., doing business as Sprint and Central Telephone Company of Texas doing business as Sprint and Dakota Services Limited, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (PURA). The joint application has been designated Docket Number 18566. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18566. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 26, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

Issued in Austin, Texas, on December 30, 1997.

TRD-9717285

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 1997

On December 19, 1997, Southwestern Bell Telephone Company and Aerial Communications, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (PURA). The joint application has been designated Docket Number 18525. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18525. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 23, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

Issued in Austin, Texas, on December 30, 1997.

TRD-9717287

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 1997

On December 16, 1997, Southwestern Bell Telephone Company and Frontier Telemanagement, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code)(FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063) (PURA). The joint application has been designated Docket Number 18487. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 18487. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 20, 1998, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

Issued in Austin, Texas, on December 30, 1997.

TRD-9717288

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 1997

Sam Houston State University