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 98-145

          COMMISSION SEEKS COMMENT ON CHEYENNE RIVER SIOUX TRIBE
                TELEPHONE AUTHORITY'S AND U S WEST'S JOINT 
             PETITION FOR PREEMPTION PURSUANT TO SECTION 253 

                            CC DOCKET NO. 98-6

    Released:  January 28, 1998
 
    On January 22, 1998, the Cheyenne River Sioux Tribe Telephone Authority
(Telephone Authority) and U S West Communications, Inc. (U S West) (collectively,
the Joint Petitioners) filed a joint petition pursuant to section 253 of the
Communications Act seeking preemption of South Dakota Codified Laws (SDCL)  49-
31-59 as applied to Indian tribes or tribal entities.  The Joint Petitioners state that
SDCL  49-31-59, which requires the South Dakota Public Utilities Commission
(SDPUC) to approve any sale of a telephone exchange within the state of South
Dakota, violates the terms, requirements and purposes of the Communications Act as
applied to Indian tribes and tribal entities.   

    The Joint Petitioners argue that even though U S West desires to sell three
telephone exchanges to the Telephone Authority, the SDPUC has applied state law to
prevent the sales' consummation.  According to the Joint Petitioners, because the
SDPUC has concluded on two separate occasions that it cannot tax or regulate the
Telephone Authority's activities, it has determined that the sales of the three
exchanges are not in the public interest.  The Joint Petitioners further argue that the
SDPUC will always find that the effects of tribal sovereign immunity impair the state's
exercise of regulatory jurisdiction and collection of taxes.  Thus, the Joint Petitioners
maintain, until the FCC preempts the SDPUC's application of SDCL  49-31-59, no
Indian tribe or Indian tribal governmental entity will be able to provide
telecommunications services in South Dakota.  The Joint Petitioners therefore argues
that SDCL  49-31-59, as applied by the SDPUC to Indian tribes and tribal entities,
constitutes a barrier to entry into telecommunications markets in violation of the
Communications Act. 
   
 
    Interested parties are to file an original and 12 copies of their comments on the
Joint Petitioners' petition no later than February 27, 1998, with the Secretary, FCC,
1919 M Street, N.W., Washington, D.C. 20554.  An original and 12 copies of all reply
comments are to be filed with the Secretary, FCC no later than March 16, 1998.  All
pleadings are to reference CC Docket No. 98-6.  An additional copy of all pleadings
must 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.  Telephone Authority and U
S West petition's 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.  

    
                                  - FCC -$// PN, The Petitioner's Pet. for Preemption DA 98-145, CC 98-6 //$
$/ 47 U.S.C.  253(d) /$