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Comment Sought on Petition Filed by Eastex Telephone Cooperative, Inc.

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Released: February 8, 2012

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 12-168

Released: February 8, 2012

COMMENT SOUGHT ON A PETITION FILED BY EASTEX TELEPHONE COOPERATIVE,

INC. FOR WAIVER CONCERNING THE COMMISSION’S PART 36 JURISDICTIONAL

SEPARATIONS RULES

CC Docket No. 80-286

Comment Date: March 9, 2012
Reply Comment Date: March 26, 2012

In the 2001 Separations Freeze Order, the Commission imposed a freeze on all Part 36 cost
allocation factors.1 In addition, the Commission imposed a freeze on Part 36 category relationships for
price cap carriers, but gave rate-of-return carriers the option freezing their category relationships or
leaving them unfrozen.2 The Commission has subsequently extended the separations freeze.3 On May
25, 2011, Eastex Telephone Cooperative, Inc. (Eastex), a rate-of-return carrier which elected in 2001 to
freeze its category relationships, filed a petition seeking a waiver of sections 36.3, 36.123-126, 36-141,
36.152-157, 36.191 and 36.372-382 of the Commission’s rules to unfreeze Part 36 category
relationships.4 The Wireline Competition Bureau seeks comment on Eastex’s petition.
Interested parties may file comments on or before March 9, 2012 and reply comments on or
before March 26, 2012. All pleadings are to reference

CC Docket No. 80-286

. Comments may be filed
using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies.5


1 Jurisdictional Separations and Referral to the Federal-State Joint Board, CC Docket No. 80-286, Report and
Order, 16 FCC Rcd 11382, 11387-88, para. 9. (2001).
2 Jurisdictional Separations and Referral to the Federal-State Joint Board, CC Docket No. 80-286, Report and
Order, 16 FCC Rcd at 11388-89, para. 11. (2001).
3 See e.g., Jurisdictional Separations and Referral to the Federal-State Joint Board, CC Docket No. 80-286, Report
and Order, 26 FCC Rcd 7133 (2011) (extending the separations freeze until June 30, 2012); 47 C.F.R. Part 36.
4 Petition of Eastex Telephone Cooperative, Inc for Waiver of 36.3; 36.123-126, 36-141, 36.152-157, 36.191 and
36.372-382 of the Commission’s rules to unfreeze Part 36 Category Relationships, CC Docket No. 80-286 (May 25,
2011); 47 C.F.R. §§ 36.3; 36.123-126, 36-141, 36.152-157, 36.191 and 36.372-382.
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
ECFS: http://www.fcc.gov/cgb/ecfs/. Filers should follow the instructions provided on the
website for submitting comments.
§
For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this
proceeding, filers must transmit one electronic copy of the comments for each docket or
rulemaking number referenced in the caption. In completing the transmittal screen, filers 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, filers should send an e-mail to ecfs@fcc.gov, and include the following words
in the body of the message, “get form.” A sample form and directions will be sent in response.
§
Paper Filers: 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,
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 (although we continue to experience delays in receiving 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., S.W., Room TW-A325, Washington, D.C. 20554. The
filing hours at this location are 8:00 a.m. to 7:00 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 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
should be addressed to 445 12th Street, S.W., Washington D.C. 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).

In addition, one copy of each pleading must be sent to each of the following:


(1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room
CY-B402, Washington, D.C. 20554, www.bcpiweb.com; phone: (202) 488-5300 fax: (202) 488-
5563;
(2) Daniel Ball, Pricing Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-
A262, Washington, D.C. 20554; e-mail: daniel.ball@fcc.gov; and
(3) Craig Glenn, Pricing Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room
5A-100, Washington, D.C. 20554; e-mail: craig.glenn@fcc.gov.
Filings and comments are also available for public inspection and copying during regular
business hours at the FCC Reference Information Center, Portals II, 445 12th Street, S.W., Room CY-
A257, Washington, D.C. 20554. They may also be purchased from the Commission’s duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CYB402, Washington,
D.C. 20554, telephone: 202 488-5300, fax: 202 488-5563, or via e-mail www.bcpiweb.com.
2

This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the
Commission’s ex parte rules.6 Persons making oral ex parte presentations are reminded that memoranda
summarizing the presentations must contain summaries of the substance of the presentation and not
merely a listing of the subjects discussed. More than a one or two sentence description of the views and
arguments presented generally is required.7 Other rules pertaining to oral and written ex parte
presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission’s
rules.8
For further information, please contact Daniel Ball, Pricing Policy Division, Wireline
Competition Bureau at (202) 418-1520 or TTY (202) 418-0484.
- FCC -


647 C.F.R. §§ 1.1200 et seq.
7See 47 C.F.R. § 1.1206(b)(2).
847 C.F.R. § 1.1206(b).
3

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