PUBLIC NOTICE
  FEDERAL COMMUNICATIONS COMMISSION
  445 12TH Street, NW 
  Washington, DC  20554
  News media information 202/418-0500   Fax-On-Demand   202/418-2830   Internet:  http://www.fcc.gov   ftp.fcc.gov   TTY's-Network
  Services   202/418-0484 and Informal Complaints 202/418-0485
  
  
                                          DA 99-836
  
         PLEADING CYCLE ESTABLISHED FOR COMMENTS ON
      KMC TELECOM INC. PETITION FOR DECLARATORY RULING
                              
                    CC DOCKET NO. 99-142
                              
                                          Released:  May 4, 1999
  
       On April 26, 1999, KMC Telecom, Inc. (KMC) filed a petition for declaratory
  ruling.  KMC requests that the Commission:  (1) declare unlawful termination penalties
  imposed by incumbent local exchange carriers (ILECs); (2) prohibit enforcement of these
  ILEC termination penalties; and (3) require the removal of ILEC termination penalties
  from ILEC state tariffs until such time as customers have a more genuine competitive
  choice than currently exists.  KMC states that excessive termination penalties imposed by
  an ILEC during a time in which the ILEC maintains market dominance are unreasonable
  and should be declared unlawful.
  
            Interested parties may file comments regarding the KMC petition no later
  than June 3, 1999, with the Secretary, FCC at 445 12th Street, SW, Washington, DC
  20554.  Oppositions or responses to these comments may be filed with the Secretary, FCC
  no later than June 18, 1999.  All pleadings are to reference CC Docket No. 99-142. 
  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, 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
  KMC petition is available for inspection and copying during normal business hours in the
  FCC's Reference Center, Room CY-A257, 445 12th Street, SW, 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 Janice M. Myles, Policy and Program Planning
  Division, Common Carrier Bureau, at (202) 418-1580, e-mail jmyles@fcc.gov.
  
                          - FCC -