1 News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov 1 PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 Released: December 14, 1999 COMMISSION AMENDS EX PARTE RULES TO EXPAND SERVICE REQUIREMENTS FOR PETITIONS SEEKING FEDERAL PREEMPTION OF STATE AND LOCAL GOVERNMENTS On October 28, 1999, the Commission adopted a Memorandum Opinion and Order, Amendment of 47 C.F.R. 1.1200 et seq.Concerning Ex Parte Presentations in Commission Proceedings, GC Docket No. 95-21, in which, inter alia, the Commission requires petitioners seeking federal preemption of state or local authority through petitions for rulemaking or petitions for preemption or declaratory ruling to serve a copy of such petitions on those state and local governments that are the subject of the petitions as well as on those state and local governments whose actions petitioners argue warrant preemption. The Commission's order further provides that a pleading seeking federal preemption that is not properly served on the state and local governments as described in the order will be dismissed without consideration as a defective pleading and treated as violating the ex parte rules, unless the Commission otherwise determines that the matter should be made part of the record under 47 C.F.R.  1.1212(d) and the parties are so notified. In Suggested Guidelines for Petitions for Ruling Under Section 253 of the Communications Act, FCC 98-295 (Nov. 17, 1998), the Commission provided guidelines for filing preemption petitions under Section 253 of the Communications Act. In that Public Notice the Commission directed petitioners to serve a copy of Section 253 petitions on each state or local government entity to which the petition applies and reference such service in the petition. The Commission's amendment of the ex parte rules extends the service requirement to all preemption related petitions and not just Section 253 petitions. These service requirements, as well as other provisions set forth in the order, will be effective as of January 10, 2000. For additional information, please contact David Senzel or Aliza Katz, Office of General Counsel (202) 418-1720.