PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500 Recorded listing of releases and texts 202/418-2222. ______________________________________________________________________ DA 97-875 SUPPLEMENTAL PLEADING CYCLE ESTABLISHED FOR COMMENTS ON SILVER STAR TELEPHONE COMPANY, INC.'S AMENDED PETITION FOR PREEMPTION AND DECLARATORY RULING (CCBPol 97-1) Released: April 24, 1997 On January 16, 1997, Silver Star Telephone Company, Inc. (Silver Star) filed a petition for preemption and declaratory ruling (Petition) pursuant to section 253 of the Communications Act, as amended (Communications Act or Act). The Petition asks the Commission to preempt the Order Denying Concurrent Certification (Denial Order) issued by the Wyoming Public Service Commission (Wyoming PSC) on December 4, 1996. The Wyoming PSC's Denial Orderdenied Silver Star's application for a concurrent Certificate of Public Convenience and Necessity (CPCN) to provide competing local exchange service in the Afton, Wyoming local exchange area. Silver Star's Petition asserts, inter alia, that the Wyoming PSC's Denial Order violates section 253(a) of the Act, falls outside the scope of authority preserved for the Wyoming PSC by section 253(b) of the Act, and thus satisfies the requirements for preemption by the Commission pursuant to section 253(d) of the Act. On January 21, 1997, the Commission placed Silver Star's Petition on public notice. The Public Notice requested comments by February 20, 1997 and reply comments by March 7, 1997. On April 22, 1997, Silver Star filed a pleading amending its Petition (Amended Petition). The Amended Petition seeks preemption, pursuant to section 253 of the Act, of certain provisions of the Wyoming Telecommunications Act of 1995 (i.e., Wyo. Stat. Ann.  37-15- 201(c)-(f)), as well as preemption of the Denial Order. Interested parties should file comments on Silver Star's Amended Petition by May 8, 1997 and reply comments by May 15, 1997 with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554. In addition, two copies should be sent to Janice Myles, Common Carrier Bureau, FCC, Room 544, 1919 M Street, N.W., Washington, D.C. 20554, and one copy should be sent to the Commission's contractor for public service records duplication, ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Parties filing comments in this non- docketed proceeding should include the Policy Division internal reference number, CCBPol 97- 1, on their pleadings. Silver Star's Amended Petition is available for inspection and copying in the Common Carrier Bureau's Public Reference Room, Room 575, 2000 M Street, N.W., Washington, D.C. 20554. Copies can also be obtained from ITS by calling (202) 857-3800. We previously have classified this proceeding as non-restricted for purposes of the Commission's ex parte rules, and that classification remains. See generally 47 C.F.R.  1.1200- 1.1216. For further information contact Alex Starr, Policy and Program Planning Division, Common Carrier Bureau, at (202) 418-7284. - FCC -