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 98-32 COMMISSION SEEKS COMMENT ON MINNESOTA PETITION FOR DECLARATORY RULING CONCERNING ACCESS TO FREEWAY RIGHTS-OF-WAY UNDER SECTION 253 OF THE TELECOMMUNICATIONS ACT CC DOCKET NO. 98-1 Released: January 9, 1998 In a filing dated December 30, 1997, the State of Minnesota petitioned the FCC for an expedited declaratory ruling that the State's proposal to grant a wholesale provider of fiber optic transport capacity exclusive access to State freeway rights-of- way, subject to conditions designed to ensure competitive neutrality and non- discrimination, is consistent with section 253 of the Communications Act. After a competitive procurement process, the State entered into an agreement giving the team of ISC/UCN, a Colorado limited liability company, and Stone & Webster Engineering Corp. (the fiber provider), exclusive access for ten years to certain State freeway rights-of-way for installation of fiber optic cable along the rights-of-way. In exchange, the fiber provider will give the State both "lit" and dark fiber capacity on the network, which the State will use to meet its telecommunications needs. Minnesota adds that the agreement requires that the fiber provider, on a competitively neutral and non- discriminatory basis: (1) install fiber capacity owned by third parties concurrent with installation of its own fiber; and (2) make the capacity of its own system available through purchase and/or lease to all interested telecommunications service providers. Minnesota argues that exclusive physical access to these freeway rights-of-way by a single entity is necessary to protect the public interest, and will not prevent any entity from providing telecommunications service. Interested parties are to file an original and 12 copies of their comments on the State of Minnesota's petition no later than February 9, 1998, with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554. An original and 12 copies of all reply comments are to be filed with the Secretary, FCC no later than February 24, 1998. All pleadings are to reference CC Docket No. 98-1. An additional copy of all pleadings must also be sent to Janice M. 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, International Transcription Services, Inc. (ITS, Inc.), 1231 20th Street, N.W., Washington, DC 20036. The State of Minnesota's 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 1231 20th Street, N.W., Washington, DC 20036, or by calling ITS at (202)-857-3800 or faxing ITS at 202-857-3805. We will 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. Parties making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. See 47 C.F.R.  1.1206(b)(2), as revised. Other rules pertaining to oral and written presentations are set forth in section 1.1206(b) as well. Interested parties are to file with the Commission Secretary, and serve Janice Myles and ITS with copies of any written ex parte presentations or summaries of oral ex parte presentations in these proceedings in the manner specified above. We also require all written ex parte presentations or summaries of oral ex parte presentations in this proceeding to be served on all parties to the proceeding. - FCC - $// PN, State of Minnesota's Pet. for Declaratory Ruling DA 98-32, CC 98-1 //$ $/ 47 CFR  253(d) /$