PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                   DA 97-34

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


                                        Released: January 8, 1997


     MFS Files Petition for Preemption and Declaratory Ruling
                   On Geographical Deaveraging

                           CCB/CPD 97-1

                   Pleading Cycle Established 

COMMENTS:      February 7, 1997

REPLY COMMENTS:  February 24, 1997

          On December 20, 1996, MFS Communications Company, Inc. (MFS), filed a Petition
for Preemption and Declaratory Ruling, pursuant to 47 C.F.R. Section 1.2, Section 4(i) of the
Communications Act of 1934, as amended 47 US.C. Section 154(i), Section 253 of the
Telecommunications Act of 1996, 47 U.S.C. Section 253, and the Administrative Procedure Act, 5
U.S.C. Section 554(e).  MFS requests the Commission to issue an order declaring that, where there
are significant geographical differences in the cost of providing interconnection or unbundled
network elements, 1) rates for interconnection and unbundled network elements that are not
geographically deaveraged constitute a barrier to entry under Section 253; and 2) failure to
geographically deaverage violates the Section 252 requirement of cost-based pricing.

          Interested parties may file comments on MFS's  petition no later than  February 7,
1997.  Replies must be filed by February 24, 1997. When filing comments and/or replies, please
reference the internal file number: CCB/CPD 97-1.

          An original and four 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.  1.15(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 one copy
with the Chief, Competitive Pricing Division, Room 518, 1919 M Street, N.W.,Washington, D.C.
20554.

     For further information contact Anu Seam, Competitive Pricing Division, Common Carrier
Bureau, (202) 418-1530.

                             - FCC -