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PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                  DA 97-469

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


                                          Released: March 4, 1997


Petition for Declaratory Ruling and Contingent Petition for Preemption On
                Interconnection Cost Surcharges
                                
                      CC Docket No. 97-90 
                         CCB/CPD 97-12
                                
                   Pleading Cycle Established
                                
COMMENTS DUE:   April 3, 1997

REPLY COMMENTS DUE: April 18, 1997

     On February 20, 1997, Electric Lightwave, Inc., McLeodUSA Telecommunications
Services Inc., and NEXTLINK Communications, L.L.C. (Petitioners) filed a joint Petition for
Declaratory Ruling and Contingent Petition for Preemption, pursuant to 47 C.F.R. Section 1.2;
Section 253 of the Telecommunications Act of 1996, 47 U.S.C. Section 253; and Paragraph 125
of the Commission' s Order entitled Implementation of the Local Competition Provisions in the
Telecommunications Act of 1996 (First Report and Order), CC Docket No. 96-98, FCC 96-325
(released August 8, 1996).  

     Petitioners request the Commission to issue an order declaring that the initial costs
incurred by incumbent local exchange carriers to meet the statutory requirements of the
Telecommunications Act of 1996, which are not otherwise recoverable pursuant to Section
252(d) of the Act, are not recoverable through state imposed surcharges on either competitive
local exchange carriers or end user customers.  Specifically, Petitioners ask the Commission to
declare that the Interconnection Cost Adjustment Mechanism (ICAM) surcharges proposed by
US West Communications, Inc., (US West) in each of the states in which it is operating are
violative of the 1996 Telecommunications Act.  In addition, Petitioners request that if any state
allows US West to implement ICAM surcharges, then the Commission initiate proceedings to
preempt such state directives.  Petitioners also request expeditious treatment of this petition.

      Interested parties may file comments no later than April 3, 1997.  Replies must be filed
no later than April 18, 1997.  When filing comments or replies, please reference the internal file
number:  CCB/CPD 97-12. 

     



     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, a 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.  The Petition for Declaratory Ruling and Contingent Petition for
Preemption is available for inspection and copying during normal business hours, in the FCC's
Public Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C. 20554.  Copies
can also be obtained from ITS at (202)857-3800. 

     We will treat this petition as a non-restricted proceeding for purposes of the
Commission's ex parte rules.  See 47 C.F.R.  1.1200(a).  Thus, this proceeding will be subject to
the "permit but disclose" ex parte rules applicable to non-restricted proceedings.  See 47 C.F.R. 
1.1206.  This will enable the Commission to gather a more complete record and also protect the
parties by fully disclosing all communications on the record.
     For further information, contact Anu Seam or Wanda Harris, Competitive Pricing
Division, Common Carrier Bureau at (202) 418-1530. 


                             -FCC-