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 97-2298 COMMISSION SEEKS COMMENT ON PETITIONS FOR RECONSIDERATION FILED BY WYOMING PUBLIC SERVICE COMMISSION AND WYOMING INCUMBENT LOCAL EXCHANGE CARRIERS CCBPol 97-1 Released: October 31, 1997 On October 24, 1997, the Wyoming Public Service Commission (Wyoming Commission) and a group of Wyoming incumbent local exchange carriers (Wyoming Group) filed petitions for reconsideration pursuant to section 1.429 of the Commission's rules, 47 C.F.R.  1.429. The Wyoming Commission and the Wyoming Group request that the Commission reconsider and reverse its decision in Silver Star Telephone Company, Inc. Petition for Preemption and Declaratory Ruling, Memorandum Opinion and Order, CCBPol 97-1, FCC 97-336 (rel. Sept. 24, 1997) (Silver Star Preemption Order). Pursuant to section 253 of the Communications Act, the Silver Star Preemption Order preempts a provision of the Wyoming Telecommunications Act of 1995 (Wyoming Act) that allows incumbent local exchange carriers serving fewer that 30,001 access lines to veto the certificate applications of potential competitors. The Silver Star Preemption Order also preempts an order of the Wyoming Group that enforced the preempted provision of the Wyoming Act by denying the certificate application of Silver Star Telephone Co. (Silver Star) to serve the Afton, Wyoming exchange in competition with the incumbent, which vetoed Silver Star's application. The Wyoming Commission and the Wyoming Group argue that the Commission erred in concluding that the Wyoming Act and the Wyoming Commission's Order prohibit the ability of an entity to provide telecommunications service, in violation of section 253(a) of the Communications Act. The Wyoming Commission and the Wyoming Group also argue that the Commission erred in concluding that the Wyoming Act and the Wyoming Commission's Order are not "competitively neutral," as required by section 253(b) of the Communications Act. The Wyoming Commission and the Wyoming Group contend, in addition, that the Wyoming Act and the Wyoming Commission's Order are "necessary" to preserve universal service and ensure the continued quality of telecommunications services, as required by section 253(b) of the Communications Act. Interested parties should file comments on the Wyoming Commission's and the Wyoming Group's petitions for reconsideration by December 1, 1997, and reply comments by December 16, 1997, with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554. 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, International Transcription Services, Inc. (ITS, Inc.), 1231 20th Street, N.W., Washington, DC 20036. Parties filing comments in this non-docketed proceeding should include the Policy Division internal reference number, CCBPol 97-01 on their pleadings. The petition is available for inspection and copying in the Common Carrier Bureau's Public Reference Room, Room 575, 2000 M Street, N.W., Washington, D.C. 20554. Copies can also be obtained from ITS by calling (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 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 these proceedings in the manner specified above. We also require all written ex parte presentations or summaries of oral ex parte presentations in these proceedings to be served on all parties to the respective proceedings. For further information contact Janice Myles, Policy and Program Planning Division, Common Carrier Bureau, at (202) 418-1577. - FCC - $// PN, Wyoming Commission and Wyoming Group, DA 97-2298, CCBPol 97-1 //$ $/ 47 CFR  253(d) /$