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In the Matter of                             )
                                        )
Petition of Lincoln County, Oregon and the        )
Economic Development Alliance of             )
Lincoln County, a non-profit corporation for      )
Declaratory Ruling and Preemption Pursuant to     )    CC Docket No. 97-241
Section 253 of the Communications Act of 1934     )
of Certain Provisions of the Oregon               )
Telecommunications Utility Law                    ) 


                              ORDER

     Adopted:  December 23, 1998                  Released:  December 23, 1998

By the Chief , Policy and Program Planning Division: 

     1.   In this order, we dismiss as moot a petition for preemption filed by Lincoln
County, Oregon (Lincoln County) and the Economic Development Alliance of Lincoln County
(The Alliance) on December 4, 1997, pursuant to section 253 of the Communications Act of
1934, as amended by the Telecommunications Act of 1996.  Lincoln County and the Alliance
sought preemption of Oregon Revised Statute  759.020(1) as interpreted and applied by the
Oregon Public Utility Commission (Oregon PUC).  That section prohibits the offering of
telecommunications service on a "for hire" basis without a Certificate of Authority from the
Oregon PUC.   

     2.   In an Ex Parte letter filed on December 23, 1998, Lincoln County noted that,
because "the operative facts have significantly changed since the filing of the original petition," the
petition for preemption "is, in large part, now moot."  Lincoln County indicates that the petition
for preemption should be dismissed without prejudice.  

     3.   Accordingly, IT IS ORDERED, pursuant to authority delegated under sections
0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that the petition for
preemption filed by Lincoln County and Economic development Alliance IS DISMISSED without
prejudice.  
     4.   IT IS FURTHER ORDERED that this proceeding IS TERMINATED.

                              FEDERAL COMMUNICATIONS COMMISSION




                              Carol E. Mattey
                              Chief
                              Policy and Program Planning Division
                              Common Carrier Bureau