PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-66 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov TRI-COUNTY TELEPHONE ASSOCIATION AND TCT WEST, INC. FILED A PETITION FOR WAIVER OF SECTIONS 36.611(a) AND 36.612 "UNIVERSAL SERVICE FUND" OF THE COMMISSION'S RULES AAD 96-130 Released Date: January 13, 1997 Comment Date: February 3, 1997 Reply Date: February 13, 1997 On November 12, 1996, Tri-County Telephone Association ("Tri-County") and TCT West, Inc. ("TCT West") through its economic cost consultant, ITCs, Inc., filed a petition for waiver of 47 C.F.R. Sections 36.611(a) and 36.612 of the Commission's rules. TCT West is a subsidiary of Tri- County and both companies operate in Wyoming. This waiver would permit Tri-County and TCT West to receive an increased level of universal service fund ("USF") support. Under our rules, eligibility for USF payment is determined on the basis of historical accounting data. For example, 1997 USF support will be based on 1995 accounting data. Tri-County and TCT West state that they have undertaken a massive service upgrade in addition to expanding service to a significant number of previously unserved households. Tri- County and TCT West claim that the end result, absent the granting of this waiver, will be either an interim local rate increase or a severe operating loss for 1996 and 1997. Tri-County and TCT West urge the Commission to see the merit of granting this petition, and propose two alternatives by which such an appropriate decision might be implemented. The first, which Tri-County and TCT West prefer, would consist of submission to the National Exchange Carrier Association, Inc., estimated data for the period concurrent with payment, subject to retroactive adjustment and true-up based on audited actual financial results during the following year when such data is available. The second alternative would use actual data from a period immediately preceding the payment period, thereby eliminating the traditional USF payment lag. Interested parties may file comments on the petition on or before February 3, 1997, and reply comments on or before February 13, 1997, with the Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554. Comments and reply comments should reference AAD 96-130. Four (4) copies should also be sent to Adrian Wright, Competitive Safeguards Branch, Common Carrier Bureau, Room 812, 2000 L Street, N.W., Washington, D.C. 20554, and one (1) copy should be sent to the Commission's contractor for public service record duplication: International Transcription Service (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. Copies of the petition may be obtained from the Accounting and Audits Division's public reference room, Room 812, 2000 L Street, N.W., Washington, D.C. Copies are also available from ITS at (202) 857-3800. We will treat this proceeding as non-restricted for purposes of the Commission's ex parterules. See generally, 47 C.F.R.  1.1200-1.1206. However, if this waiver petition is opposed, it will be treated as a restricted proceeding under the Commission's ex parte rules. See generally, 47 C.F.R.  1.1208-1.1216. For further information contact Adrian Wright at (202) 418-0840. FEDERAL COMMUNICATIONS COMMISSION