DA 00-50
                                                               
    THE COMMISSION SEEKS COMMENT REGARDING WHETHER UNIVERSAL
  SERVICE PROVISIONS OF ARKANSAS ACT COMPORT WITH FEDERAL LAW
                                
                     CC Docket No. 97-100 

                                      Released January 14, 2000

On December 23, 1999, the Commission released the Arkansas Preemption Order preempting
certain portions of the Arkansas Telecommunications Regulatory Reform Act of 1997 (Arkansas
Act).  In that order the Commission concluded that certain provisions of the Arkansas Act
conflict with federal law.

The Commission, however, did not reach petitioners' claims that the universal service provisions
of the Arkansas Act should be preempted.  Instead, the Commission stated that it would defer
considering these issues because the record before it had closed before parties could respond to
certain significant developments in federal universal service law and policy.  Accordingly, to
create a fresh and current record, the Commission seeks comment regarding whether Sections 4
and 5 of the Arkansas Act conflict with federal law and the Commission's implementing
regulations.  

Interested parties may file comments regarding whether Sections 4 and 5 are in conflict with
federal law and regulations no later than February 18, 2000, with the Secretary, FCC at 445
12th Street, SW, TW-A325, Washington, DC 20554.  Oppositions or responses to these
comments may be filed with the Secretary, FCC no later than March 3, 2000.  All pleadings are
to reference CC Docket No. 97-100.  Interested parties should file an original and seven copies
of all pleadings.  An additional copy of all pleadings must also be sent to Janice M. Myles,
Common Carrier Bureau, FCC, Room 5-C327, 445 12th Street, SW, TW-A325, Washington, DC
20554, and to the Commission's contractor for public services records duplication, International
Transcription Services, Inc. (ITS), 1231 20th Street, NW, Washington, DC  20036. 
The petitions by American Communications Services, Inc. (ACSI) and MCI
Telecommunications Corp. (MCI) are available for inspection and copying during normal
business hours in the FCC's Reference Center, Room CY-A257, 445 12th Street, SW, TW-A325,
Washington, DC  20554.  Copies also can be obtained from ITS at 1231 20th Street, NW,
Washington, DC 20036 or by calling ITS at (202) 857-3800 or faxing ITS at (202) 857-3805.

Comments filed through the ECFS can be sent as an electronic file via the Internet to
http://www.fcc.gov/e-file/efcs.html.  Generally, only one copy of an electronic submission must
be filed.  If multiple docket or rulemaking numbers appear in the caption of this proceeding,
however, commenters must transmit one electronic copy of the comments for each docket or
rulemaking number referenced in the caption.  In completing the transmittal screen, commenters
should include their full name, Postal Service mailing address, and the applicable docket or
rulemaking number.  Parties may also submit an electronic comment by Internet e-mail.  To get
filing instructions for e-mail comments, commenters should send an e-mail to efcs@fcc.gov, and
should include the following words in the body of the message, "get form <your e-mail address." 
A sample form and directions will be sent in reply.

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 Secretary, FCC, and
serve Janice M. 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.

For further information, contact Sheryl Todd, Accounting Policy Division, Common Carrier
Bureau, at (202) 418-7386, e-mail jmyles@fcc.gov.

                            - FCC -