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Adak Eagle Enterprises, LLC and Windy City Cellular, LLC

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Released: January 10, 2014

Federal Communications Commission

DA 14-33

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matters of
)
)

Connect America Fund
)
WC Docket No. 10-90
)
Universal Service Reform – Mobility Fund
)
WT Docket No. 10-208
)
Petitions for Waiver of Windy City Cellular, LLC
)
and Adak Eagle Enterprises, LLC
)

ORDER

Adopted: January 10, 2014

Released: January 10, 2014

By the Chief, Wireline Competition Bureau, and the Acting Chief, Wireless Telecommunications Bureau:
1. By this Order, the Wireless Telecommunications Bureau and the Wireline Competition
Bureau (collectively, Bureaus) approve limited, interim relief from certain Commission rules governing
high-cost universal service support, to provide Adak Eagle Enterprises, LLC (AEE) and Windy City
Cellular, LLC (WCC) with limited additional interim support.1 Specifically, the Bureaus authorize fixed
support in the amount of $33,276 for AEE and $40,104 for WCC monthly, for a period of two months
(December 2013 and January 2014). The Bureaus provide this limited, interim relief while the Bureaus
and the Commission complete review of the companies’ Petition for Reconsideration and Application for
Review, respectively, of the Bureaus’ AEE/WCC Denial Order.2
2. In July 2013, the Bureaus denied the petition of WCC3 for a waiver of section 54.307(e) of
the Commission’s rules, which established a $250 per line per month cap on high-cost universal service
support for competitive eligible telecommunications carriers (ETCs),4 and also denied the petition filed by
AEE for a waiver of section 54.302 of the Commission’s rules, which established a $250 per line per


1 Adak Eagle Enterprise, LLC and Waiver of Windy City Cellular, LLC; Petitions for Waiver of Certain High-Cost
Universal Service Rules,
Order, 28 FCC Rcd 10194, 10211-12 (Wireless Tel. Bur./Wireline Comp. Bur. 2013)
(AEE/WCC Denial Order).
2 Adak Eagle Enterprises, LLC & Windy City Cellular, LLC, Petition for Reconsideration, WC Docket No. 10-90,
WT Docket No. 10-208 (filed Aug. 14, 2013) (Petition for Reconsideration); Adak Eagle Enterprises, LLC &
Windy City Cellular, LLC, Application for Review, WC Docket No. 10-90, WT Docket No. 10-208 (filed Aug. 14,
2013) (Application for Review).
3 Windy City Cellular, LLC Petition for Waiver of Section 54.307(e) of the Commission’s Rules, WC Docket No.
10-90, WT Docket No. 10-208 (filed Apr. 3, 2012). In a supplemental filing, WCC alternatively requested a full
waiver of the $250 cap for two years and, if feasible, application of the waiver retroactively to January 1, 2012, the
date that the reduction in funding became effective. See Letter from Monica S. Desai, Counsel to WCC, to Marlene
H. Dortch, Secretary, FCC, Ex Parte Notice and Supplement to Windy City Petition for Waiver, WC Docket No. 10-
90, WT Docket No. 10-208 (filed May 4, 2012).
4 Connect America Fund et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663,
17765-66, paras. 274-79 (2011) (USF/ICC Transformation Order), pets. for review pending, sub nom. In re: FCC
11-161
, No. 11-9900 (10th Cir. argued Nov. 19, 2013); 47 C.F.R. § 54.307(e).

Federal Communications Commission

DA 14-33

month cap on high-cost universal service support for carriers generally.5 In the AEE/WCC Denial Order,
the Bureaus found good cause existed to provide AEE and WCC an additional six months of support at
the pre-existing interim support levels in the amounts of $33,276 per month and $40,104 per month,
respectively, to ensure that providers on Adak Island would have time to adjust so that their consumers
were not adversely affected.6
3. In August 2013, AEE and WCC filed a Petition for Reconsideration and an Application for
Review of the AEE/WCC Denial Order, together with new information about the companies’ financial
position.7 Substantial additional financial information was also submitted in October 2013.8 Both the
Petition and Application present several complex issues requiring in-depth, coordinated review and
careful analysis of the new information submitted. We grant a two-month further extension of the interim
relief to AEE and WCC out of an abundance of caution, to preserve the status quo while we complete this
review and analysis. The support will be provided pursuant to the same terms and conditions as were
stipulated in the AEE/WCC Denial Order.9
4. IT IS ORDERED, pursuant to the authority contained in sections 4(i), 4(j) and 254 of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), and 254, sections 0.91, 0.131,
0.291, 0.331, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.131, 0.291, 0.331, and 1.3, and
paragraph 544 of the USF/ICC Transformation Order,10 FCC 11-161, that the Universal Service
Administrative Company SHALL MAKE payment to Adak Eagle Enterprises, LLC and Windy City
Cellular, LLC in accordance with the amount, terms, and conditions described herein.


5 Adak Eagle Enterprises, LLC Petition for Waiver of Section 54.302 of the Commission’s Rules, WC Docket No.
10-90, WT Docket No. 10-208 (filed May 22, 2012). AEE initially filed its petition on May 9, 2012, but filed a
revised version to modify language explaining how AEE will be affected by the $250 cap and providing updated
exhibits. See Letter from Jennifer L. Richter, Counsel to AEE, to Marlene H. Dortch, Secretary, FCC, Petition for
Waiver, WC Docket No. 10-90, WT Docket No. 10-208 (filed May 22, 2012); 47 C.F.R. § 54.302.
6 AEE/WCC Denial Order, 28 FCC Rcd at 10211-12, paras. 48-50.
7 See Petition for Reconsideration, Application for Review.
8 Letter from Monica S. Desai, Counsel to AEE and WCC, to Marlene H. Dortch, Secretary, FCC, Ex Parte Notice,
WC Docket No. 10-90 (filed Oct. 23, 2013).
9 AEE/WCC Denial Order, 28 FCC Rcd at 10211-12, paras. 48-50.
10 USF/ICC Transformation Order, 26 FCC Rcd 17842, para. 544.
2

Federal Communications Commission

DA 14-33

5. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s rules,
47 C.F.R. § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Julie A. Veach
Chief
Wireline Competition Bureau
Roger C. Sherman
Acting Chief
Wireless Telecommunications Bureau
3

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