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

                                                                              
   
                                                                      DA 96-1211
 File No. WTB/POL 96-3                                           July  30,  1996
                                  

                             PUBLIC COMMENT INVITED


                          COMMISSION SEEKS COMMENT ON
                     PETITION FOR PREEMPTION AND MOTION FOR
             DECLARATORY RULING FILED BY WESTERN PCS I CORPORATION 


      Comment Date : August 30, 1996;  Reply Date: September 16, 1996
   

 On July 8, 1996, Western PCS I Corporation (``Western PCS'') petitioned the
Commission to preempt the enforcement of the Oregon Department of Revenue's (``ODR's'')
Notice of Proposed Assessment of a tax on Western PCS's Block B Personal Communications
Service (``PCS'') license for the Portland Major Trading Area.  Western PCS contends that
ODR's assessment of a tax based upon the amount paid by Western PCS for its PCS license,
which serves the state of Oregon and part of the states of Washington and California,
constitutes a barrier to entry into the PCS market in violation of Section 253(d) and Section
332(c)(3)(A) of the Communications Act, 47 U.S.C.  253(d), 332(c)(3)(A).  

 In addition, Western PCS requests the Commission to issue a declaratory ruling that
state taxes and assessments imposed upon Commercial Mobile Radio Service (``CMRS'')
providers based upon the amount paid for radio licenses constitute a barrier to entry into the
wireless market in violation of Section 253(d) and Section 332(c)(3)(A) of the
Communications Act, 47 U.S.C.  253(d), 332(c)(3)(A).

Interested parties may file comments on Western PCS petition no
later than August 30, 1996.  Reply comments must be filed by September
16, 1996.  All comments should reference Western PCS's Petition, File
No. WTB/POL 96-3, and be filed with the Office of the Secretary, Federal
Communications Commission, 1919 M Street, N.W., Room 222,
Washington, D.C. 20554.  Parties are encouraged to submit comments
and reply comments on diskette.  Such diskette submissions would be
in addition to and not a substitute for the formal filing requirements
presented above.  Parties submitting diskettes should submit them to
Claudia Borthwick, Federal Communications Commission, Wireless
Telecommunications Bureau (WTB), Policy Division, 2025 M Street,
N.W., Room 5202, Washington, D.C. 20554.  Such a submission should
be on a 3.5 inch diskette formatted in an IBM compatible form using
WordPerfect 5.1 for Windows software.  The diskette should be
submitted in ``read only'' mode, and should be clearly labelled with the
party's name, proceeding (WTB/POL 96-3), type of pleading (comment
or reply comment) and date of submission.

The full text of the petition, comments, and reply comments are
available for inspection and duplication during regular business hours
in the Policy Division of the Wireless Telecommunications Bureau,
Federal Communications Commission, 2025 M Street, N.W., Room
5202, Washington, D.C. 20554.  Copies may also be obtained from
International Transcription Service, Inc. (ITS), 2100 M Street, N.W.,
Suite 140, Washington, D.C. 20037, (202) 857-3800.  Pursuant to
Section 1.1206(b)(4) of the Commission's Rules, 47 C.F.R. 
1.1206(b)(4), this proceeding will be conducted as a non-restricted
proceeding in which ex parte communications are permitted but subject
to disclosure.

For further information, contact Claudia Borthwick at (202) 418-
1310, WTB, Policy Division.




                                 - FCC -