[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Notices]               
[Page 22031-22032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-69]                         

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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 04-998]

 
Parties Are Invited to Comment on Supplemented Petitions for 
Eligible Telecommunications Carrier Designations

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: In this document, interested parties are invited to comment on 
supplemented petitions by certain wireless telecommunications carriers 
seeking designation as eligible telecommunications carriers (ETCs) 
pursuant to section 214(e)(6) of the Communications Act of 1934, as 
amended (the Act).

DATES: Comments are due on or before May 7, 2004. Reply comments are 
due on or before May 14, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for further filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Thomas Buckley, Attorney, Wireline 
Competition Bureau, Telecommunications Access Policy Division, (202) 
418-7400, TTY (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of public notice, CC 
Docket No. 96-45, DA 04-998, released April 12, 2004. On January 22, 
2004, the Commission released the Virginia Cellular Order, 69 FR 8958, 
February 26, 2004, which granted in part and denied in part, the 
petition of Virginia Cellular, LLC to be designated as an ETC 
throughout its licensed service area in the Commonwealth of Virginia. 
In that Order, the Commission utilized a new public interest analysis 
for ETC designations and imposed ongoing conditions and reporting 
requirements on Virginia Cellular. The Commission further stated that 
the framework enunciated in the Virginia Cellular Order would apply to 
all ETC designations for rural areas pending further action by the 
Commission.
    Following the framework established in the Virginia Cellular Order, 
on April 12, 2004, the Commission released the Highland Cellular Order, 
FCC 04-37, April 12, 2004, which granted in part and denied in part the 
petition of Highland Cellular, Inc. to be designated as an ETC in 
portions of its licensed service area in the Commonwealth of Virginia. 
In the Highland Cellular Order, the Commission concluded, among other 
things, that a telephone company in a rural study area may not be 
designated as a competitive ETC below the wire center level.
    In light of the new standards and requirements set forth in the 
Virginia Cellular Order, certain wireless telecommunications carriers 
have supplemented previously filed ETC petitions. These carriers are 
listed in the attached appendix. Interested parties are invited to 
comment on these supplemented petitions.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments as follows: 
comments are due on or before May 7, 2004, and reply comments are due 
on or before May 14, 2004. Comments may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies. See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, 
May 1, 1998. Parties should clearly specify in the caption of all 
filings the petition(s) and application(s) to which the filing relates.
    Comments filed through the ECFS can be sent as an electronic file 
via the Internet to http://www.fcc.gov/e-file/ecfs.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 
to each docket or rulemaking number referenced in the caption. In 
completing the transmittal screen, commenters should include their full 
name, U.S. 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 ecfs@fcc.gov, and should include 
the following words in the body of the message, ``get form .'' A sample form and directions will be sent in 
reply.
    Parties who choose to file by paper must file an original and four 
copies of each filing. If more than one docket or rulemaking number 
appears in the caption of this proceeding, commenters must submit two 
additional copies for each additional docket or rulemaking number. 
Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Natek, Inc., will 
receive hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other then U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission.
    Parties also must send three paper copies of their filing to Sheryl 
Todd, Telecommunications Access Policy Division, Wireline Competition 
Bureau, Federal Communications Commission, 445 12th Street, SW., Room 
5-B540, Washington, DC 20554. In addition, commenters must send 
diskette copies to the Commission's copy contractor, Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20054.
    Pursuant to Sec.  1.1206 of the Commission's rules, 47 CFR 1.1206, 
this proceeding will be conducted as a permit-but-disclose proceeding 
in which ex parte communications are permitted subject to disclosure.

Federal Communications Commission.
Anita Cheng,
Assistant Chief, Wireline Competition Bureau, Telecommunications Access 
Policy Division.

Appendix

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                                                Date            Date
              ETC Petitions1                 petition       supplement
                                               filed           filed
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 Guam Cellular and Paging, Inc. d/b/a            2/19/02          3/9/04
 Saipancell (CNMI)......................
 NCPR, Inc. d/b/a Nextel Partners (NY)..         4/03/03         3/24/04

[[Page 22032]]


 NCPR, Inc. d/b/a Nextel Partners (PA)..         4/03/03         3.24.04
 NCPR, Inc. d/b/a Nextel Partners (AL)..         4/04/03         3/24/04
 ALLTEL Communications, Inc. (AL)*......         4/14/03          3/1/04
 ALLTEL Communications, Inc. (VA)*......         4/14/03          3/1/04
 NCPR, Inc. d/b/a Nextel Partners (VA)..         4/23/03         3/24/04
 Advantage Cellular Systems, Inc. (TN)..          5/9/03         2/17/04
 NCPR, Inc. d/b/a Nextel Partners (TN)..         6/12/03         3/24/04
 NCPR, Inc. d/b/a Nextel Partners (GA)..         7/10/03         3/24/04
 ALLTEL Communications, Inc. (GA)*......         8/26/03          3/1/04
 ALLTEL Communications, Inc. (NC)*......         8/26/03          3/1/04
 NCPR, Inc. d/b/a Nextel Partners (FL)..         9/16/03         3/24/04
 ALLTEL Communications, Inc. (FL)*......        11/20/03         3/1/04
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* This Public Notice only applies to ALLTEL's pending petitions with
  respect to ETC designations in areas served by non-rural carriers.
  ALLTEL previously bifurcated its pending ETC petitions into separate
  requests for ETC designation in non-rural and rural service areas.

[FR Doc. 04-9296 Filed 4-22-04; 8:45 am]

BILLING CODE 6712-01-P