Public Notice - Suggested Guidelines for Petitions for Ruling Under Section 253 of the Communications Act

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PUBelC NOTICE
FEDE~lf:; COMMUNICATIONS COMMISSION
1919 M STREET N.W.
WASHINGTON, D.C. 20554
News Media Information 202/418-0500 Recorded listing of releases and texts 2021418-2222.

DA 97-2228
COMMISSION SEEKS COMMENT ON CHIBARDUN TELEPHONE COOPERATIVE
PETITION FOR PREEMPTION OF ACTIONS, PRACTICES AND REQUIREMENTS OF
CITY OF RICE LAKE, WISCONSIN
CC DOCKET NO. 97-219
Released: Odober 20, 1997
On October 10, 1997, Chibardun Telephone Cooperative, Inc. (Chibardun) filed a petition
for preemption pursuant to section 253 of the Communications Act challenging actions, practices,
and requirements concerning use of rights-of-way by the City of Rice Lake, Wisconsin (City).
Chibardun requests that the Commission preempt certain actions by the City pursuant to section
253(d) of the Communications Act. Chibardun contends that the City: (a) has refused to grant
ministerial excavation permits necessary for construction of Chibardun's proposed competitive
Rice Lake telecommunications facilities in violation of section 253(a) of the Communications
Act; and (b) imposed anti-competitive and discriminatory right-of-way requirements and fees
upon Chibardun and other entities seeking to compete with the exiting Rice Lake
telecommunications monopoly, in violation of Section 253(c) of the Act.
Chibardun, specifically, asks the Commission to preempt the City: (a) from insisting that
Chibardun sign a License Agreement as a precondition for grant of the excavation pennits; (b)
from enforcing Ordinance No. 849, on the ground that it restricts issuance of excavation permits
for newcomers only; (c) from adopting and enforcing any future right-of-way ordinances placing
higher fees, and more stringent conditions and restrictions, upon newcomers only; and (d) from
otherwise imposing anti-competitive and discriminatory costs, delays and conditions upon
Chibardun and others trying to bring competition to Rice Lake.
Interested parties are to file an original and six copies of their comment.s on Chibardun's
Petition no later than November 19, 1997 with the Secretary, FCC, 1919 M Street, N.W.,
Washington, D.C. 20554. An original and six copies of all reply comments are to be filed with
the Secretary, FCC no later than December 8,1997. All pleadings are to reference CC Docket
No. 97-219. An additional copy of all pleadings should 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.
The Chibardun petition is available for inspection and copying during norma}· 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. In the Matter of Amendment of 47
C.F.R. § 1.1200 et seq. Concerning Ex Parte Presentations in Commission Proceedings, GC
Docket No. 95-21, Report and Order, FCC 97-92, (reI. March 19, 1997). We also require all
written ex parte presentations or summaries of oral ex parte presentation in this Docket to be
served on all parties to this proceeding. For further information, contact Janice Myles, Policy
and Program Planning Division, Common Carrier Bureau, at (202) 418-1577.

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