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 97-2577 COMMISSION SEEKS COMMENT ON LINCOLN COUNTY PETITION FOR DECLARATORY RULING AND PREEMPTION PURSUANT TO SECTION 253 CC DOCKET NO. 97-241 Released: December 9, 1997 On December 4, 1997, Lincoln County, Oregon (Lincoln County) and the Economic Development Alliance of Lincoln County (The Alliance) filed a petition for declaratory ruling and preemption, pursuant to section 253 of the Communications Act, of the interpretation and application by the Oregon Public Utility Commission (OPUC) of Oregon Revised Statute  759.020(1). That section prohibits the offering of telecommunications service on a "for hire" basis without a Certificate of Authority from the OPUC. Lincoln County and The Alliance propose to provide a high-speed fiber optic data transmission network, call "CoastNet" along the central Oregon coast. Lincoln County and The Alliance applied to the OPUC for a ruling and order which either determined that they were not required to obtain a Certificate of Authority for CoastNet or, in the alternative, granted them a certificate. The OPUC rejected the arguments of Lincoln County and The Alliance regarding the need for a Certificate of Authority and also declined to issue a certificate for CoastNet. Lincoln County and The Alliance argue that the ruling of the OPUC constitutes a barrier entry in violation of section 253 and asks the FCC to preempt Oregon Revised Statute  759.020(1), as interpreted and applied by the OPUC. Interested parties should file an original and 12 copies of their comments on the Lincoln County/Alliance Petition no later than January 8, 1998, an original and six copies of all reply comments are to be filed no later than January 23, 1998. All pleadings must be filed with the Secretary, FCC, 1919 M Street, N.W., Washington, D.C. 20554 and must to reference CC Docket No. 97-241. An additional copy of all pleadings should also be sent to Janice M. 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. The Lincoln County/Alliance 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 1231 20th Street, N.W., Washington, DC 20036, or by calling ITS at (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 are to 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 this proceeding to be served on all parties to the proceeding. For further information contact Janice Myles of the Policy and Program Planning Division, Common Carrier Bureau, at (202) 418-1577. - FCC - $// PN, County and Alliance Pet. for Decl. and Preemption, DA 97-2577, CC 97-241 //$ $/ 47 CFR  253(d) /$