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TEXAS PAGING COMPANIES SEEK EQUITABLE ALLOTMENT OF INFRASTRUCTURE FUNDS

AUSTIN, Texas-A group of paging carriers and resellers filed a lawsuit in Texas accusing the state of forcing wireless companies to contribute disproportionately to a telecommunications infrastructure fund.

The lawsuit, filed in the U.S. District Court for the Western District of Texas, Austin division, seeks to restructure an assessment established earlier this year to subsidize Texas’ Telecommunications Infrastructure Fund, said Mark Stachiw spokesman for Paging Companies for a Fair Assessment.

Despite the laudable goals of the fund, explained Stachiw, the assessment mechanism is disproportionate. The total assessment-$150 million annually for 10 years-is to be paid half by telecommunications utilities companies, including long-distance providers, and half by commercial mobile radio service providers.

The fund was set up as part of the telephone deregulation bill to provide public schools with grants and loans for computer and communications equipment and training.

According to PCFA, $75 million per group is unfair, as the wireless industry would be assessed an estimated 5 percent of gross revenues, and telecom utilities companies less than 1 percent of revenues.

Stachiw said PCFA is seeking legal action as a last resort, since the Texas state legislature will not meet again before 1997. PCFA is comprised of between 10 and 20 small and large Texas paging carriers and resellers, including AirTouch, MobileMedia, Paging Network Inc. and PageMart Inc.

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