PUBLIC NOTICE

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


                                                       DA 97-652

            PLEADING CYCLE ESTABLISHED FOR COMMENTS ON
               ACSI PETITION FOR DECLARATORY RULING
                 REGARDING PREEMPTION IN ARKANSAS

                       CC Docket No. 97-100

                                        Released:  April 3, 1997 

     On March 25, 1997, American Communications Services, Inc. (ACSI) filed a petition for
declaratory ruling pursuant to sections 252(e)(5), 253(d) and 254(f) of the Communications Act
of 1934, as amended by the Telecommunications Act of 1996 (federal statute).   The petition
concerns the recently-enacted Arkansas Telecommunications Regulatory Reform Act of 1997
(Arkansas Act).  ACSI contends that the Arkansas Act prevents the Arkansas Public Service
Commission (Arkansas Commission) from fulfilling its duties under the federal statute and
thwarts local competition.  More specifically, ACSI maintains that the Arkansas Act has
eliminated the Arkansas Commission's authority to consider the full range of interconnection
options permissible under the federal statute, and has prohibited the Arkansas Commission from
designating new entrants as Eligible Telecommunications Carriers for universal service support.

     ACSI requests that the FCC issue a declaratory ruling, pursuant to section 252(e)(5) of
the federal statute, preempting the Arkansas Commission from arbitrating and approving
interconnection agreements, or from refusing requests by competitive local exchange carriers for
designation as carriers qualified to receive universal service support.  ACSI seeks a declaration
that such designations, approvals and arbitrations instead will be carried out by the FCC rather
than the Arkansas Commission.  In addition, ACSI asserts that preemption of the Arkansas Act is
supported by section 253(d) of the federal statute, which directs the FCC to preempt state laws
which have the effect of prohibiting the ability of any entity to provide any telecommunications
service.

     Interested parties should file comments on the ACSI petition by May 5, 1997, and reply
comments by May 20, 1997, with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C.
20554.  All pleadings should reference CC Docket No. 97-100.  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.  The ACSI petition is available for
inspection and copying during normal business hours in the FCC's Reference Center, Room 239,
1919 M Street, N.W., Washington, D.C. 20554.  Copies also can be obtained from ITS at 2100
M Street, N.W., Suite 140, Washington, D.C.  20037, or 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 -
$// PN, ACSI's Pet. for Declaratory Ruling, CC Dkt. No. 97-100 DA 97-652 //$
$/ 47 U.S.C.  251(f)(1)(C) /$
"FOR RECORD ONLY"