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Adak/ Windy City PFR/AFR Comment Dates Public Notice

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Released: August 15, 2013

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1766

Release Date: August 15, 2013

WIRELINE COMPETITION BUREAU REMINDS PARTIES OF DEADLINES FOR FILING

OPPOSITIONS AND REPLIES REGARDING THE ADAK EAGLE ENTERPRISES, LLC AND

WINDY CITY CELLULAR, LLC PETITION FOR RECONSIDERATION AND APPLICATION

FOR REVIEW OF THE ADAK/WINDY CITY WAIVER ORDER


WC Docket No. 10-90

WT Docket No. 10-208

Oppositions Due: August 30, 2013
Replies to Oppositions Due: September 9, 2013

On July 15, 2013, the Wireline Competition Bureau released the Adak/Windy City Waiver Order,
which denied a request for waiver by Adak Eagle Enterprises, LLC (AEE) for waiver of section 54.302 of
the Commission's rules, which established a $250 per line per month cap on high-cost universal service
support for carriers generally.1 The Adak/Windy City Waiver Order also denied a request for waiver by
Windy City Cellular, LLC (WCC) for 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).2
On August 14, 2013, AEE and WCC concurrently filed a petition for reconsideration of the
Adak/Windy City Waiver Order and an application for review of the Adak/Windy City Waiver Order.3 In
the petition for reconsideration, AEE and WCC specifically request that the Bureaus reconsider their
denial of AEE's and WCC's respective petitions. In the application for review, AEE and WCC
specifically request that the Commission reverse the Adak/Windy City Waiver Order on the bases that the
Bureaus exceeded their authority.


1 Adak Eagle Enterprises, LLC and Windy City Cellular, LLC Request for Waiver of Certain High-Cost Universal
Service Rules
, WC Docket No. 10-90, WT Docket No. 10-208, Order, DA 13-1578 (Wireline Comp. Bur. &
Wireless Telecom. Bur. rel. July 15, 2013) (Adak/Windy City Waiver Order).
2 Id.
3 Adak Eagle Enterprises, LLC and Windy City Cellular, LLC, Petition for Reconsideration of the Wireline
Competition Bureau and Wireless Telecommunications Bureau Decision in the July 15, 2013 FCC Order, WC
Docket No. 10-90, WT Docket No. 10-208 (filed Aug. 14, 2013) (Petition for Reconsideration); Adak Eagle
Enterprises, LLC and Windy City Cellular, LLC, Application for Review of the Wireline Competition Bureau and
Wireless Telecommunications Bureau Decision in the July 15, 2013 FCC Order, WC Docket No. 10-90, WT Docket
No. 10-208 (filed Aug. 14, 2013) (Application for Review).

Pursuant to the Commission's rules,4 oppositions shall be filed within 15 days after the petition
for reconsideration and application for review are 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

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.

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 fcc504@fcc.gov 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
following:
(1) Christopher Cook, Telecommunications Access Policy Division, Wireline Competition Bureau, 445
12th Street, S.W., Room 6-A110, Washington, D.C. 20554; e-mail: Christopher.Cook@fcc.gov; 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: Charles.Tyler@fcc.gov.


4 Pursuant to section 1.106, oppositions to a petition for reconsideration shall be filed within 10 days after the
petition is filed, and replies to oppositions shall be filed within 7 days after the opposition is filed. See 47 C.F.R.
1.106(g)-(h). In the interest of ease and clarity, since AEE and WCC filed a petition for reconsideration and an
application for review concurrently, the Bureau will abide by the filing deadlines for the application for review.
Consequently, pursuant to section 1.115, oppositions shall be filed within 15 days after the party's filing and replies
to oppositions shall be filed within 10 days after the opposition is filed. 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).
2

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
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 Christopher Cook, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
- FCC -


6 47 C.F.R. 1.1200 et seq.
3

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