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ACS Application for Review Public Notice

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Released: November 27, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-2285

Release Date: November 27, 2013





WC Docket No. 10-90

Oppositions Due: December 11, 2013

Replies to Oppositions Due: December 23, 2013

On October 31, 2013, the Wireline Competition Bureau (Bureau) released the Connect America

Phase II Service Obligations Order, which adopted service obligation for price cap carriers that accept

Connect America Fund Phase II support, and specified the metrics that will be used to determine if an

area will be considered “served by an unsubsidized competitor” and therefore ineligible for Phase II

support.1 On November 26, 2013, Alaska Communications Systems (ACS) filed an application for

review of one aspect of the Connect America Phase II Service Obligations Order.2 Specifically, ACS

requests that the Commission reverse or, in the alternative, stay the Bureau’s statement in paragraph 41 of

in the Connect America Phase II Service Obligations Order that it would entertain challenges from any

competitive eligible telecommunications carrier that otherwise meets or exceeds the performance

obligations established by that order and whose high-cost support is scheduled to be eliminated during the

five-year term of Phase II.3

Pursuant to the Commission’s rules,4 oppositions shall be filed within 15 days after the

application for review is filed and replies to oppositions shall be filed within 10 days after the opposition

is filed. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).5

1 Connect America Fund, WC Docket No. 10-90, Report and Order, DA 13-2115 (Wireline Comp. Bur. rel. Oct. 31,

2013) (Connect America Phase II Service Obligations Order).

2 Alaska Communications Systems, Application for Review of the Wireline Competition Bureau Decision in the

October 31, 2013 FCC Report and Order, WC Docket No. 10-90 (filed Nov. 26, 2013) (Application for Review).

3 See Connect America Phase II Service Obligations Order, at para. 41.

4 See 47 C.F.R. § 1.115.

5 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13

FCC Rcd 11322 (1998).


Electronic Filers: Comments may be filed electronically using the Internet by accessing the


Paper Filers: Parties who choose to file by paper must file an original and one copy of each

filing. If more than one docket or rulemaking number appears in the caption of this proceeding,

filers 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. All filings must be addressed to the Commission’s Secretary,

Office of the Secretary, Federal Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be

delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554.

The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber

bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

Commercial overnight mail (other than 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, Express, and Priority mail must be addressed to 445 12th Street,

SW, Washington DC 20554.

People with Disabilities: To request materials in accessible formats for people with disabilities

(Braille, large print, electronic files, audio format), send an e-mail to or call the

Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).

Additional Copies. In addition, we request that you send one copy of each pleading to each of the


(1) Alexander Minard, Telecommunications Access Policy Division, Wireline Competition Bureau, 445

12th Street, S.W., Room 5-B442, Washington, D.C. 20554; e-mail:; and

(2) Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th

Street, S.W., Room 5-A452, Washington, D.C. 20554; e-mail:

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in

accordance with the Commission’s ex parte rules.6 Persons making ex parte presentations must file a

copy of any written presentation or a memorandum summarizing any oral presentation within two

business days after the presentation (unless a different deadline applicable to the Sunshine period applies).

Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation

must (1) list all persons attending or otherwise participating in the meeting at which the ex parte

presentation was made, and (2) summarize all data presented and arguments made during the

presentation. If the presentation consisted in whole or in part of the presentation of data or arguments

already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the

presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or

other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be

6 47 C.F.R. §§ 1.1200 et seq.



found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission

staff during ex parte meetings are deemed to be written ex parte presentations and must be filed

consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has

made available a method of electronic filing, written ex parte presentations and memoranda summarizing

oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment

filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,

searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex

parte rules.

For further information, please contact Ryan Yates, Telecommunications Access Policy Division,

Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.

- FCC -


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