Federal Communications Commission DA 10-870
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
American Communications Services, Inc.
MCI Telecommunications Corp.
Petitions for Expedited Declaratory Ruling 
Preempting Arkansas Telecommunications 
Regulatory Reform Act of 1997
Federal-State Joint Board on Universal Service
Alltel Communications, Inc. Request for 
Resolution of Previously Filed Petitions for 
Expedited Declaratory Ruling Preempting 
Arkansas Telecommunications Regulatory Reform 
Act of 1997
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CC Docket No. 97-100
CC Docket No. 96-45
ORDER
Adopted:  May 18, 2010 Released:  May 18, 2010
By the Acting Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. In this order, we dismiss as moot a petition filed by Alltel Communications, Inc. (Alltel) 
seeking a declaratory ruling preempting section 5(d)(1) of the Arkansas Telecommunications Regulatory 
Act of 1997.1 On March 29, 2007, the Arkansas General Assembly amended the Arkansas 
  
1 See Letter from David Sieradski, Counsel to Alltel Communications, Inc., to Marlene Dortch, Federal 
Communications Commission, CC Docket Nos. 96-45, 97-100 (filed Feb. 21, 2007) (2007 Petition for Expedited 
Declaratory Ruling); Ark. Code Ann. §23-17-405(d)(1) (1997).  Alltel was subsequently acquired by Cellco 
Partnership d/b/a Verizon Wireless.  Applications of Cellco Partnership d/b/a Verizon Wireless and Atlantis 
Holdings LLC for Consent to Transfer Control of Licenses, Authorizations, and Spectrum Manager and De Facto 
Transfer Leasing Arrangements and Petition for Declaratory Ruling That the Transaction Is Consistent with Section 
310(b)(4) of the Communications Act, WT Docket No. 08-95, Memorandum Opinion and Order and Declaratory 
Ruling, 23 FCC Rcd 17444 (2008).  On March 25, 1997, American Communications Services, Inc. and MCI 
Telecommunications Corp. challenged several provisions of the Arkansas Telecommunications Regulatory Act of 
1997.  See Petitions for Expedited Declaratory Ruling Preempting Arkansas Regulatory Reform Act of 1997, CC 
Docket No. 97-100 (filed Mar. 25, 1997) (Petitions for Declaratory Ruling).  On December 23, 1999, the 
Commission issued the Arkansas Preemption Order, granting in part and denying in part petitioners’ requests and 
preempting certain provisions of the Arkansas Telecommunications Regulatory Act.  American Communications 
Service, Inc. and MCI Telecommunications Corp. Petitions for Expedited Declaratory Ruling Preempting Arkansas 
Telecommunications Regulatory Reform Act of 1999 Pursuant to Sections 251, 252, and 253 of the Communications 
Act of 1934, as Amended, CC Docket No. 97-100, Memorandum Opinion and Order, 14 FCC Rcd 21579 (1999) 
(Arkansas Preemption Order).  The Commission, however, deferred action on the universal service issues relating to 
the preemption petitions.  Arkansas Preemption Order, 14 FCC Rcd at 21581, para. 3.  Alltel filed the instant 
petition seeking expedited action on the original Petitions for Declaratory Ruling.  See 2007 Petition for Expedited 
Declaratory Ruling at 1.
Federal Communications Commission
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Telecommunications Regulatory Act of 1997.2 As amended, the provisions challenged by Alltel no 
longer preclude competitive carriers from obtaining universal service support in the manner described by 
Alltel.3 Further, given that the universal service provisions challenged in the Arkansas Preemption Order
are no longer the law in the state of Arkansas, we dismiss as moot all associated petitions filed in the 
above-captioned pleadings.
2. ACCORDINGLY, IT IS ORDERED, pursuant to the authority delegated under sections 
0.91, 0.204(b), and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.204(b), 0.291, that the petition 
for expedited declaratory ruling filed by Alltel Communications, Inc. IS DISMISSED AS MOOT.
3. IT IS FURTHER ORDERED, pursuant to the authority delegated under sections 0.91, 
0.204(b), and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.204(b), 0.291, that the petitions for 
declaratory ruling filed by American Communications Services, Inc. and MCI Telecommunications Corp. 
ARE DISMISSED AS MOOT.
4. IT IS FURTHER ORDERED, pursuant to sections 0.91, 0.204(b) and 0.291 of the 
Commission’s rules, 47 C.F.R. §§ 0.91, 0.204(b), and 0.291, that the proceedings in CC Docket No. 97-
100 ARE TERMINATED and the docket is closed.
5. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission’s rules, 
47 C.F.R. § 1.102, that this order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Jennifer K. McKee
Acting Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
  
2 2007 Ark Acts 385; see Ark. Code Ann. § 23-17-405(d) (2007).
3 Ark. Code Ann. § 23-17-405 (2007).