$// PN; Hyperion Req.Forbearance; Pleading Cycle; DA 96-462 /$
$/ Section 0.291 Delegated Authority /$
TRANSMITTED FOR FCC RECORD ONLY 
                                                  DA 96-462


                                                  March 29, 1996

                 HYPERION REQUESTS FORBEARANCE FROM TARIFF
           FILING REQUIREMENTS FOR COMPETITIVE ACCESS PROVIDERS 

                        Pleading Cycle Established

COMMENTS:  May 23, 1996

REPLY COMMENTS: June 26, 1996

          On March 21, 1996, Hyperion Telecommunications, Inc.
(Hyperion) filed a petition requesting the Commission to
reinstate its forbearance policy with regard to tariff filing
requirements for competitive access providers.

          Hyperion states that the Telecommunications Act of
1996, enacted into law on  February 8, 1996, authorizes the
Commission to forbear from regulating a telecommunications
carrier or service, or any class of carriers or services. 
Hyperion states further that the new Section 10(a) of the
Communications Act requires that the Commission forbear from
applying any regulation or provision of the Act if it determines
that enforcement of such regulation or provision is not necessary
to ensure reasonable rates or to protect consumers, and such
forbearance is consistent with the public interest.
     
     Hyperion asserts that in light of this explicit grant of
authority from Congress, there is no continued justification for
requiring competitive access providers to file tariffs.

     Interested parties may file comments on Hyperion's petition
requesting forbearance from tariff filing requirements no later
than May 23, 1996. Replies should be filed by June 26, 1996.

          An original and six copies of all comments and replies
must be filed in accordance with Section 1.51(c) of the
Commission's Rules, 47 C.F.R.  1.51(c).  In addition, one copy
of each pleading must be filed with International Transcription
Services (ITS), the Commission's duplicating contractor, at its
office at 2100 M Street, N.W., Suite 140, Washington, D.C. 20037
and two copies with the Chief, Tariff Division, Room 518, 1919 M
Street, N.W., Washington, D.C. 20554.

     For further information, contact David Krech, Tariff
Division, Common Carrier Bureau, (202) 418-1530.

                                 - FCC -