January 14, 2000  

NOTICE OF TERMINATION OF RULE MAKING PROCEEDING

 Re: Commission Inquiry Into the Need for Rules Relating to Pick and Choose 
Provisions of  the Telecommunications Act of 1996
  Docket No. UT-990391

TO ALL INTERESTED PERSONS:

On October 29, 1999, the Commission filed with the Code Reviser a Preproposal 
Statement of Inquiry (CR-101) on the subject of implementing Section 252(i) of 
the Telecommunications Act of 1996 and FCC rule 51.809, generally known as the 
“pick and choose” provisions.

The Commission received written comments from interested persons on December 3, 
1999 and conducted a workshop on December 16, 1999.

At the December 16 workshop, the Commission discussed the written comments 
filed in the rule making proceeding.  Most of the parties stressed the need for 
regulatory flexibility, and stated that the Commission’s Section 252(i) 
Interpretive and Policy Statement established in UT-990355 provides adequate 
guidelines to resolve matters before the Commission.  Based on all comments 
received, the Commission believes that a policy statement is more flexible than 
a rule with respect to pick and choose, and therefore preferable to a rule at 
the present time.  The Commission may modify its Interpretive and Policy 
Statement as necessary.

The Commission has reviewed the written and oral comments filed in this matter, 
and has considered both the practical ramifications and usefulness of a rule 
making to implement Section 252(i).  The Commission has concluded that it 
should not proceed with the current rule making proceeding.  The Commission 
therefore gives notice that it will direct the Code Reviser to withdraw the 
statement of inquiry and that it will close this rule making docket.

Questions regarding this matter should be addressed to Kathy Folsom at 
360-664-1279.

Sincerely,


Carole J. Washburn
Secretary