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                                Before the
                      Federal Communications Commission
                          Washington, D.C. 20554

In the Matter of                     )
                                     )
Petition of Nevadacom for           )   CC Docket No. 00-21
Expedited Declaratory Ruling That      )
Telegraphic Money Order Service Is           )
An Information (Enhanced) Service      )
And Not Subject to State Regulation         )
                                     )

                             ORDER

   Adopted:  April 26, 2000             Released:  April 27, 2000

By the Deputy Chief, Common Carrier Bureau:

1.   On September 17, 1999, Nevadacom, Inc. filed a petition seeking an expedited declaratory ruling
by the Commission that telegraphic money order service is an "information service" as that term is defined in
the Communications Act of 1934, as amended.  The Commission subsequently sought public comment on the
Nevadacom petition.  In its petition, Nevadacom asks the Commission to confirm that:  (1) telegraphic money
order service, or money transfer service, provided by record carriers is an information service and subject to
the Commission's ancillary jurisdiction; (2) states may not impose any law, rule, or regulation that acts to bar
or inhibit the provision of money transfer service by record carriers; and  (3) to the extent a state imposes any
law, rule, or regulation that attempts to regulate the entry into, or provision of, money transfer services by
record carriers, that state law, rule, or regulation is preempted by federal law to the extent necessary to correct
such inconsistency with federal policy.  Nevadacom states that it requests this ruling due to the drafting of a
model state law by the National Conference of Commissioners on Uniform State Laws.  According to
Nevadacom, that model law -- the Uniform Money-Services Business Services Act -- would govern, inter alia,
money transfer services provided by record carriers and would, if adopted by the states, erect substantial entry
barriers and impose onerous regulation.
2.   We decline to issue the declaratory ruling sought by Nevadacom.  The petitioner does not argue
that any state has adopted the draft model act about which it complains.  For this reason, the Bureau believes
it would be premature to address the concerns raised by Nevadacom at this time.  Therefore, we will exercise
our discretion under section 1.2 of the Commission's rules and deny the Nevadacom petition, without
prejudice.  If any state or states subsequently adopt a money transfer law or regulation that Nevadacom
believes erects a barrier to entry, Nevadacom is free to file a petition to preempt that state law or regulation at
that time.  
3.   Accordingly, IT IS ORDERED that the petition for declaratory ruling filed by Nevadacom, Inc.
IS DENIED, without prejudice, and the proceeding IS TERMINATED.

                              FEDERAL COMMUNICATIONS COMMISSION
                              
                              
                              
                              
                              Robert C. Atkinson, Deputy Chief
                              Common Carrier Bureau