PUBLIC NOTICE 



FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554

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

                                                    DA 97-480

                          NSD-L-97-6

Tracking No:  970122                            Released:  March 6, 1997

 COMPETITION POLICY INSTITUTE (CPI) AND MINNESOTA DEPARTMENT
OF PUBLIC SERVICE (DPS) FILE PETITION FOR A DECLARATORY RULING
THAT THE FEDERAL COMMUNICATIONS COMMISSION DID NOT DELEGATE TO
       THE STATES AUTHORITY TO REDEFINE LATA BOUNDARIES

                  Pleading Cycle Established

COMMENTS:           March 17, 1997

REPLY COMMENTS:     March 24, 1997

     On March 3, 1997, the Competition Policy Institute ("CPI") and Minnesota
Department of Public Service ("DPS") (CPI and DPS collectively the "Petitioners") filed
a Petition for a Declaratory Ruling pursuant to Section 1.2 of the rules of the Federal
Communications Commission ("Commission"), see 47 C.F.R.  1.2, asking the
Commission to clarify that it did not delegate to the states authority to redefine LATA
boundaries in its Second Report and Order.  See generally, Implementation of the Local
Competition Provisions of the Telecommunications Act of 1996, Second Report and Order,
CC Docket No. 96-98, FCC 96-333 (rel. August 8, 1996) ("Second Report and Order").

     Petitioners state that the Petition was filed in response to filings by US West before
at least two state regulatory commissions (Minnesota and Arizona) in which US West has
requested the state commissions to eliminate or redefine LATA boundaries.  According to
Petitioners, US West has incorrectly concluded that the Commission delegated to the states
the authority over LATA boundaries granted to the Commission in the Telecommunications
Act of 1996 when the Commission addressed state authority over toll dialing parity
requirements in the Second Report and Order.

     Interested parties may file comments regarding the Petition no later than March 17,
1997.  Reply comments may be filed no later than March 24, 1997.  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.  1.51(c).  In addition, one copy of each pleading must be
filed with International Transcription Service, Inc. (ITS, Inc.), the Commission's
duplicating contractor, at its office at 2100 M Street, N.W., Suite 140, Washington, D.C.
20037 (202) 857-3800, and two copies with the Chief, Network Services Division, Room
235, 2000 M Street, N.W., Washington D.C. 20554

     For further information, contact Gregory M. Cooke, (202) 418-2351, or Renee
Alexander, (202) 418-2397, Network Services Division, Common Carrier Bureau.


              FEDERAL COMMUNICATIONS COMMISSION