Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Petition of LCI International Telecom ) CC Docket No. 98-5 Corp. for Declaratory Ruling Concerning ) Bell Operating Company Entry into ) In-Region Long Distance Markets ) ORDER Adopted: July 7, 1999 Released: July 9, 1999 By the Commission: 1. In a filing dated January 22, 1998, LCI International Telecom Corp. (LCI) petitioned the FCC for a declaratory ruling on its proposal regarding the Bell Operating Companies' (BOCs') entry into in-region long distance markets. In its petition, LCI asks the FCC to take action on its proposal, captioned "A 'Fast Track' Plan To Expedite Residential Local Competition and Section 271 Entry Through Establishment of Independent RBOC Wholesale and Retail Service Companies" in order to promote local competition. LCI asks the FCC to declare there is a rebuttable presumption of compliance with section 271 if a Regional Bell Operating Company voluntarily agrees to separate its retail and wholesale activities as set forth in LCI's proposal. 2. Twenty-nine parties filed comments, and 14 parties filed reply comments. All the BOCs opposed the petition. Because no BOC was willing to endorse LCI's proposed model, we conclude that it would not be productive to consider further this proposal at this time. Accordingly, we decline to issue the requested declaratory ruling and we dismiss the petition. Our dismissal of this petition is without prejudice to our consideration of any future proposal regarding the regulatory consequences of a wholesale-retail separation. 3. Accordingly, IT IS ORDERED that the petition for declaratory ruling filed by LCI International Telecom Corp. IS DISMISSED without prejudice and the docketed proceeding IS TERMINATED. EDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary