PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-1290 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: June 20, 1997 SUPPLEMENTAL PLEADING CYCLE ESTABLISHED FOR COMMENTS ON PETITIONS FOR PREEMPTION AND DECLARATORY RULING REGARDING THE PUERTO RICO TELECOMMUNICATIONS ACT OF 1996 (CCBPol 96-24) On October 17, 1996, Centennial Cellular Corp. and Lambda Communications, Inc. (Centennial) filed a petition for preemption and declaratory ruling regarding the Puerto Rico Telecommunications Act of 1996 (PRTA). Centennial attached to its petition a copy of the PRTA in Spanish as enacted and an unofficial, privately-commissioned English translation of the PRTA. See Centennial Petition, Attachment A (Centennial Translation). On October 21, 1996, and November 15, 1996, respectively, Pan Am License Holdings, Inc. (Pan Am) and Cellular Communications of Puerto Rico, Inc. (CCPR) filed similar petitions for declaratory rulings regarding preemption of the PRTA. Pan Am attached to its petition a different unofficial translation of the PRTA prepared by the Michie Translation Service. See Pan Am Petition, Exhibit One (Michie Translation). Centennial, Pan Am, and CCPR requested the Commission to declare that the PRTA as a whole, or numerous provisions thereof, are preempted by federal law, including sections 251, 253, and 332 of the Communications Act of 1934, as amended, 47 U.S.C.  251, 253, and 332. On November 25, 1996, the Commission issued a public notice establishing a pleading cycle for comments on the foregoing petitions. Pleading Cycle Established for Comments on Petitions for Preemption and Declaratory Ruling Regarding the Puerto Rico Telecommunications Act of 1996, Public Notice, CCBPol 96-24, DA 96-1960 (rel. November 25, 1996). On May 27, 1997, following the close of the pleading cycle in this proceeding, Centennial filed with the Commission another unofficial translation of the PRTA issued by the State Department of the Commonwealth of Puerto Rico (State Department Translation). This translation of the PRTA differs from the previous two translations of the PRTA filed in this proceeding. Because of the differences among the three English language versions of the PRTA filed in this proceeding, we believe it is necessary to designate one of the translations as the version that will be reviewed by the Commission in addressing the pending petitions. Although the State Department Translation is not an official translation of the PRTA, we have decided to use this translation as the basis for our evaluation of the PRTA, because it was prepared by a department of the Commonwealth of Puerto Rico. In this public notice, we seek comment on whether the State Department Translation is an accurate translation of the official Spanish version of the PRTA (copies of the Spanish language version of the PRTA and the State Department Translation are attached to this public notice). In their comments, parties should identify and explain any inaccuracies or ambiguities in the State Department Translation. In addition, parties should comment on whether the selection of the State Department Translation affects in any way their prior analysis of whether the PRTA, or any provision thereof, is preempted by federal law. In commenting upon the State Department Translation, parties should limit their comments to the foregoing issues, and not simply reiterate their previous comments filed in this proceeding. In addition, on April 17, 1997, Pan Am filed a supplement to its preemption petition that attached tentative decisions by the Telecommunications Regulatory Board of Puerto Rico (Board) that proposed draft regulations to implement provisions of the PRTA concerning the issuance of certifications and franchises and the imposition of regulatory charges on telecommunications companies, which had been challenged in the foregoing petitions. On June 10, 1997, the Board filed Spanish and English language versions of the final decisions of the Board adopting regulations for the issuance of certifications and franchises and concerning the imposition of regulatory fees on telecommunications companies (copies of both versions are attached to this public notice). According to the Board, these regulations, which will take effect on June 26, 1997, demonstrate that the PRTA and the regulations promulgated by the Board are consistent with the Telecommunications Act of 1996. Because the regulations adopted by the Board interpret and implement provisions of the PRTA that are at issue in this proceeding, we seek comment on whether and how the regulations should affect our preemption analysis in this proceeding. In addition, we seek comment on whether the English translation of the regulations is an accurate translation of the regulations. In their comments, parties should identify and explain any inaccuracies or ambiguities in the English translation of the Board's regulations. In addition, parties should limit their comments on the regulations to the foregoing issues, and not simply reiterate their previous comments filed in this proceeding. Interested parties should file comments on the issues raised in this Public Notice on or before July 11, 1997, and should file reply comments on or before July 21, 1997. Comments and reply comments must be filed with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554. Two copies of comments and reply comments should be sent to Janice Myles, Common Carrier Bureau, FCC, Room 544, 1919 M Street, N.W., Washington, D.C. 20554, and one copy each to Shaun Maher and Jeff Steinberg, Wireless Telecommunications Bureau, Seventh Floor, 2100 M Street, N.W., Washington, D.C. 20554. One copy should also be sent to the Commission's contractor for public service records duplication, International Transcription Service, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Parties filing comments in this non-docketed consolidated proceeding should include the internal reference number, CCBPol 96-24, on their pleadings. The petitions, comments and reply comments are 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, and in the Commercial Wireless Division Public Reference Room, Room 5608, 2025 M Street, N.W., Washington, D.C. 20554. Copies can also be obtained from ITS at 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, or by calling (202) 857-3800. We will continue to treat this proceeding as permit-but-disclose for purposes of the Commission's ex parte rules. See generally 47 C.F.R.  1.1200-1.1216. For further information relating to the petitions for preemption and declaratory ruling contact Janice Myles, Policy and Program Planning Division, Common Carrier Bureau, at (202) 418-1577, or Shaun Maher or Jeff Steinberg of the Commercial Wireless Division, Wireless Telecommunications Bureau, at (202) 418-0620. - FCC -