PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 97-1574 COMMON CARRIER BUREAU ANNOUNCES COMMENT DEADLINE REGARDING MCI PETITION FOR PREEMPTION PURSUANT TO SECTION 252(E)(5) OF THE COMMUNICATIONS ACT AND DECLARES PROCEEDING "PERMIT-BUT-DISCLOSE" FOR EX PARTE PURPOSES CC Docket No. 97-166 Released: July 24, 1997 On July 18, 1997, MCI Telecommunications Corporation and MCImetro Access Transmission Services, Inc. (collectively, MCI) filed a petition, pursuant to section 252(e)(5) of the Telecommunications Act of Act of 1934, as amended, (the Act) seeking Commission preemption of the jurisdiction of the Missouri Public Service Commission ("MPSC") over an arbitration proceeding now pending before the MPSC. That provision states that "[i]f a State commission fails to act to carry out its responsibility under this section [i.e., section 252] in any proceeding or other matter under this section, then the Commission shall issue an order preempting the State commission's jurisdiction of that proceeding or matter within 90 days after being notified (or taking notice) of such failure, and shall assume the responsibility of the State commission under this section with respect to the proceeding or matter and act for the State commission." In its petition, MCI states that on March 16, 1996, it sent Southwestern Bell Telephone Company (SWB) a request for interconnection pursuant to section 252 of the Act; that it filed a petition for arbitration and request for mediation with the MPSC on August 16, 1996; and that the MPSC issued an Arbitration Order in response to that petition on December 11, 1996. MCI also states that although the MPSC issued that Order within nine months of MCI's request for interconnection, the Order left many disputed issues unresolved. MCI suggests that as a result of the MPSC's failure to resolve those issues, it has yet to obtain a functioning interconnection agreement from SWB in Missouri. MCI argues that the MPSC's failure to resolve each arbitrated issue is a clear failure to act within the meaning of section 252(e)(5) and that the Commission must preempt the MPSC and act in its stead. Section 51.803(a)(3) of the Commission's rules, 47 C.F.R.  51.803(a)(3), permits "the applicable state commission and the parties to the proceeding" that gave rise to a petition to preempt under section 252(e)(5) of the Act to file responses to the petition within 15 days of the petition's filing. In accordance with that rule, the MPSC and the parties to the MPSC proceeding may each file a response to MCI's petition by August 4, 1997. Each response should be filed with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554, and should reference CC Docket No. 97-166. A copy should also be sent to Janice 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, ITS, Inc., 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. The MCI 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 2100 M Street, N.W., Suite 140, Washington, D.C. 20037, or by calling (202) 857-3800. In examining MCI's petition, the Bureau has concluded that the public interest would be served by modifying the applicable ex parte procedures in this case to permit a fuller exchange on the legal and policy issues raised by that petition. Therefore, in accordance with section 1.1200(a) of the Commission's Rules, 47 C.F.R.  1.1200(a), as revised, this proceeding will be treated, for ex parte purposes, as a "permit-but-disclose" proceeding and subject to the "permit-but-disclose" requirements under section 1.1206(b) of the rules, 47 C.F.R.  1.1206(b), as revised. 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 should 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 this proceeding 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 this proceeding. For further information contact Janice Myles, Policy and Program Planning Division, Common Carrier Bureau, at (202) 418-1577. - FCC - $// PN, MCI's Pet. for Preemption, CC Dkt. No. 97-163 DA 97-1574 //$ $/ 47 U.S.C.  252(e)(5) /$ "FOR RECORD ONLY"