PUBLIC NOTICE
                                                                              
   Federal Communications Commission
   1919 M St., N.W.
   Washington, D.C. 20554

                                                                              

                                                                              
DA 96-937
                                                                         
                PLEADING CYCLE ESTABLISHED FOR COMMENTS ON
            MFS PETITION FOR PREEMPTION OF LOCAL ENTRY BARRIERS
                        IN THE STATE OF NEW JERSEY

                               CCBPol 96-15
Released:  June 12, 1996

On June 10, 1996, MFS Communications Company, Inc. (MFS) filed a
petition for preemption, declaratory ruling, and injunctive relief
pursuant to Section 253 of the Communications Act of 1934, as amended
by the Telecommunications Act of 1996.  MFS states that it is unable
to provide local switched services in New Jersey because the New
Jersey Board of Public Utilities (NJBPU) has failed to grant a
necessary petition for approval of tariffs submitted by an affiliate
of MFS.  According to MFS, this petition has been pending before NJBPU
since January 24, 1995, a period of 16 months. 

Specifically, MFS requests that this Commission take
expedited action to:  (1) preempt the statutes and regulations of New
Jersey that require the MFS affiliate to obtain additional authority
before providing or expanding any telecommunications services
within the State; (2) foreclose any further review by the NJBPU of the MFS
affiliate's petition before MFS begins providing or expanding any
such service; and (3) enjoin the NJBPU and any other New Jersey
governmental entity from taking any action or failing to take any
action that interferes with MFS's right and ability immediately to
provide local telecommunications services in New Jersey. 

Interested parties should file comments on the MFS petition
by July 12, 1996, and reply comments by July 29, 1996, with the
Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554.  A copy should
also be sent to Janice Myles, 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.  Parties filing comments in
this non-docketed proceeding should include the Policy Division
internal reference number, CCBPol 96-15, on their pleadings.  The MFS
petition is available for inspection and copying in the Common
Carrier Bureau's Public Reference Room, Room 509, 1919 M Street, N.W.,
Washington, D.C. 20554.  Copies can also be obtained from ITS by calling
(202) 857-3800.

We will 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 Janice Myles, Policy and Program Planning
Division, Common Carrier Bureau, at (202) 418-1577.  
                                  - FCC -
$// PN, MFS' Pet. for Preemption in New Jersey, DA 96-937 //$
$/ 47 U.S.C.  253(d) /$
"FOR RECORD ONLY"