News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov***************** ***************** ****************** **** NOTICE **************************** **************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. **************************** **************************** ********* PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 97-1977 Released September 12, 1997 Comment Sought on US West's Petition for Stay of the Commission's Decision in the Local Competition Third Order on Reconsideration Regarding Shared Transport CC Docket Nos. 96-98, 95-185 Comment Date: September 22, 1997 On August 18, 1997, the Commission released a Third Order on Reconsideration and Further Notice of Proposed Rulemaking in the Local Competition proceeding. In that order, the Commission addressed on reconsideration an incumbent local exchange carriers' obligation to provide requesting carriers with access to shared transport as an unbundled network element pursuant to section 251(c)(3) of the Communications Act. On September 9, 1997, US West, Inc. (US West) filed a request for administrative stay pending judicial review (Petition) of the Third Order on Reconsideration. In general, US West asserts that the obligation of incumbent local exchange carriers to provide shared transport as an unbundled network element is inconsistent with the Telecommunications Act of 1996 and the decision of the United States Court of Appeals for the Eighth Circuit, in Iowa Utilities Board, v. FCC, Nos. 9603321, et al. US West contends that, absent a stay, it will be irreparably harmed because the Third Order on Reconsideration will distort competition, prevent US West from recovering its costs of complying with universal service obligations, and reduce the quality and reliability of US West's services. US West further contends that a stay of the Third Order on Reconsideration will not prevent other carriers from competing with US West or otherwise cause them any substantial harm. Interested parties may file comments on the US West petition no later than September 22, 1997. When filing comments please reference CC Docket No. 96-98. We classify this as a "permit but disclose" proceeding for purposes of the Commission's ex parte rules. An original and four copies of all comments must be filed in accordance with Section 1.51(c) of the Commission's Rules, 47 C.F.R.  1.51(c). In addition, one copy of each pleading must be filed with International Transcription Service, Inc. (ITS), the Commission's duplicating contractor, at its office at 1231 - 20th Street, N.W., Washington, D.C., 20036 and one copy with the Janice Myles, Policy and Program Planning Division, Room 544, 1919 M Street, N.W., Washington, D.C. 20554. The US West petition for stay is available for public inspection and copying during normal business hours in the FCC's Public Reference Center, Room 239, 1919 M Street, N.W., Washington, D.C. 20554. Copies can also be obtained from ITS. For further information, contact Kalpak S. Gude, Policy and Program Planning Division, Common Carrier Bureau, (202) 418-1580. - FCC -