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 98-140 COMMISSION SEEKS COMMENT ON GENERAL COMMUNICATIONS, INC. PETITION FOR PREEMPTION PURSUANT TO SECTION 253 CC DOCKET NO. 98-4 Released: January 28, 1998 On January 21, 1998, General Communications, Inc. (GCI) filed a petition for preemption pursuant to section 253 of the Communications Act. GCI asks the Commission to preempt enforcement of section 52.355 of Title 3 of the Alaska Administrative Code to the extent that section 52.355 prohibits non-incumbent carriers from constructing and operating facilities to provide intrastate interexchange services in certain locations in the State of Alaska. GCI states that section 52.355, on its face, singles out non-incumbent carriers and bars them from facilities-based long distance service in large areas of Alaska. According to GCI, AT&T Alascom is permitted to construct and operate facilities immediately, while potential competitors cannot do so unless and until the Alaska Public Utilities Commission "redesignates" an area as suitable for long distance competition. GCI argues that section 52.355 conflicts with the terms of section 253(a) of the Communications Act because it is an absolute prohibition on the competitive, facilities-based entry of non-incumbent intrastate long distance providers. GCI further argues that section 52.355 does not fall within the protected class of state regulation described in section 253(b) of the Act in that it is not "competitively neutral" or "necessary" to achieve the public interest goals stated in section 253(b). Interested parties are to file an original and 12 copies of their comments on GCI's petition no later than February 27, 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 March 16, 1998. All pleadings are to reference CC Docket No. 98-4. 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. GCI petition's 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 - $// PN, GCI;s Pet. for Preemption DA 98-140, CC 98-4 //$ $/ 47 U.S.C.  253(d) /$