PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                 DA 96-1641

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                                     Released: September 30, 1996


                      PUBLIC COMMENT INVITED



         US WEST FILES SUPPLEMENT TO PETITION REQUESTING
          PREEMPTION OF ROSEVILLE, MINNESOTA ORDINANCES



                  Comment Date: October 11, 1996


     On May 23, 1995, US West, Inc. filed a petition for declaratory ruling asking that the
Commission preempt two ordinances enacted by the City of Roseville, Minnesota.  According to US
West, Inc., these ordinances constitute unlawful entry regulation and that the financial and other
requirements imposed by the ordinances are arbitrary, unreasonable, and discriminatory in
contravention of Section 332(c) of the Communications Act of 1934, as amended. 47 U.S.C. 
332(c). The Commission issued a public notice inviting comment.  Comments were due on
November 8, 1995 and reply comments were due on December 8, 1995.

     On March 5, 1996, US West, Inc. filed a supplement to its petition for declaratory ruling
addressing the impact of the Telecommunications Act of 1996 on its pending petition. 
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996).  US West, Inc. contends
that the ordinances promulgated by the City of Roseville constitute a barrier to entry into that market
in violation of both Section 332(c) of the Communications Act and newly enacted Section 253(c)
and Section 704 of the Telecommunications Act of 1996.  47 U.S.C.  253(c) and 704.

     Interested parties may file comments on US West, Inc.'s supplement no later than October 11,
1996.  All comments should make reference to US West, Inc.'s supplement and be sent to the Office
of the Secretary, Federal Communications Commission, Washington, D.C. 20554.  A copy of each
filing should be sent to International Transcription Service, Inc. (ITS), 2100 M Street, N.W., Suite
140, Washington, D.C. 20037, (202) 857-3800 and Laura Smith, Esq., Federal Communications
Commission, Wireless Telecommunications Bureau (WTB), Commercial Wireless Division, Legal
Branch, 2025 M Street, N.W., Room 7130, Washington, D.C. 20554.  Parties are encouraged to
submit comments on diskette.  Such diskette submissions would be in addition to and not a substitute
for the formal filing requirement presented above.  Parties submitting diskettes should submit them
to Laura Smith at the address listed above.  Such a submission should be on a 3.5 inch diskette
formatted in an IBM compatible form using Wordperfect 5.1 for Windows software.  The diskette
should be submitted in "read only" mode, and should be clearly labelled with the party's name,
proceeding, type of pleading, and date of submission.

     The full text  of the petition, supplement comments, and reply comments are available for public
inspection and duplication during regular business hours in the Commercial Wireless Division of
the Telecommunications Bureau, Federal Communications Commission, 2025 M Street, N.W.,
Room 7130, Washington, D.C. 20554.  Copies may also be obtained from ITS. 

Pursuant to Section 1.1206(b)(4) of the Commission's Rules, 47 C.F.R.  1.1206(b)(4), this
proceeding will be conducted as a non-restricted proceeding in which ex parte communications are
permitted but subject to disclosure.

     For further information, contact Laura Smith at (202) 418-0620, WTB, Commercial Wireless
Division, Legal Branch.







                             - FCC -