PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 99-1356 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov WESTERN WIRELESS CORPORATION PETITIONS FOR PREEMPTION OF AN ORDER OF THE SOUTH DAKOTA PUBLIC UTILITIES COMMISSION PLEADING CYCLE ESTABLISHED CC Docket No. 96-45 Release Date: July 19, 1999 Comment Date: August 18, 1999 Reply Comment Date: September 2, 1999 On June 23, 1999, Western Wireless Corporation and its wholly-owned subsidiary, GCC License Corporation (collectively, "Western Wireless") filed a petition for preemption of an order of the South Dakota Public Utilities Commission ("South Dakota PUC"). Western Wireless requests that the Commission preempt the decision of the South Dakota PUC denying Western Wireless' request for designation as an eligible telecommunications carrier (ETC) under section 214(e) of the Communications Act of 1934, as amended. Specifically, Western Wireless contends that the South Dakota PUC decision has the effect of precluding competitive entrants from providing universal service in high cost areas, and thus constitutes a barrier to entry that the Commission must preempt under section 253 of the Act. In addition, Western Wireless requests that the Commission find that the South Dakota PUCs' conditions for designation as an ETC "thwarts and impedes" the federal interest in promoting local competition and universal service in high cost areas, as set forth in the Act and Commission precedent. For example, Western Wireless contends that the South Dakota PUC's interpretation of section 214(e) would require a new entrant to provide universal service comparable to that of the incumbent LEC before it can be designated as an ETC. Western Wireless suggests that a carrier should receive ETC designation if it demonstrates that it has the capability to provide facilities-based universal service to customers in a service area and has made a commitment to extend service to additional customers throughout the service area upon request. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R.  1.415, 1.419, interested parties may file comments on or before August 18, 1999, and reply comments on or before September 2, 1999. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to . 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 to 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 receive filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, "get form