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Penasco Valley Telephone Cooperative, Inc. et al.

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Released: June 4, 2014
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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

TTY: 1-888-835-5322

445 12th St., S.W.

Washington, D.C. 20554

DA 14-776

Released: June 4, 2014

WIRELINE COMPETITION BUREAU SEEKS COMMENT ON

THE JOINT PETITION OF PENASCO VALLEY TELEPHONE COOPERATIVE, INC. AND

MESCALERO APACHE TELECOM, INC.

TO WAIVE THE DEFINITION OF “STUDY AREA” AS CODIFIED IN PART 36 OF THE

COMMISSION’S RULES

CC Docket No. 96-45

Comment Date: July 7, 2014

Reply Comment Date: July 23, 2014

The Wireline Competition Bureau (Bureau) seeks comment on the Penasco Valley Telephone

Cooperative, Inc. (PVT) and Mescalero Apache Telecom, Inc. (MATI) (together, Petitioners) joint

petition for waiver of the Commission’s study area boundary freeze.1

Petitioners state that the purpose of

the waiver is to allow PVT to remove approximately 450 acres of land from its Mayhill, New Mexico

exchange and for MATI to add the same approximately 450 acres of land to its New Mexico study area.2

Petitioners claim that the land at issue is within the boundary of the Mescalero Apache Reservation and

that the proposed waiver would allow MATI to provide service throughout the Reservation.3

On April

28, 2014, Petitioners filed an erratum stating that both companies receive settlements from the National

Exchange Carriers Association on a cost basis.4

Petitioners state that granting the petition is in

compliance with the standards set forth in the USF/ICC Transformation Order5 and that there will be no

effect on the universal service fund since no access lines are in the area subject to the study area waiver.6

1 Penasco Valley Telephone Cooperative, Inc. and Mescalero Apache Telecom, Inc. Joint Petition for Expedited

Waiver, CC Docket No. 96-45 (filed Feb. 24, 2014) (Petition); 47 C.F.R. pt. 36 App. (defining “study area”).

2 See Petition at 1-2. There are no subscriber access lines in the 450 acres at issue. Id.

3 See id.

4 Penasco Valley Telephone Cooperative, Inc. and Mescalero Apache Telecom, Inc., Erratum to Joint Petition for

Expedited Waiver, CC Docket No. 96-45, at 1 (filed Apr. 28, 2014).

5 See Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates

for Local Exchange Carriers; High-Cost Universal Service Support; Developing a Unified Intercarrier

Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and Link-Up; Universal Service

Reform – Mobility Fund; WC Docket Nos. 10-90, 07-135, 05-337, 03-109, CC Docket Nos. 01-92, 96-45, GN

Docket No. 09-51, WT Docket No. 10-208, Report and Order and Further Notice of Proposed Rulemaking, 26 FCC

Rcd 17663, 17763, paras. 266-67 (2011) (USF/ICC Transformation Order); aff’d sub nom. In re:

FCC 11-161, ___

F.3d ___, 2014 WL 2142106 (10th Cir. May 23, 2014); 47 C.F.R. § 36.4.

6 See Petition at 4.

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Effective November 15, 1984, the Commission froze all study area boundaries to prevent

incumbent local exchange carriers from establishing separate study areas made up only of high-cost

exchanges to maximize their receipt of high-cost universal service support.7

A carrier must therefore

apply to the Commission for a waiver of the study area boundary freeze if it wishes to transfer or acquire

additional exchanges.

In the USF/ICC Transformation Order, the Commission streamlined its rules governing study

area waiver requests, creating a method similar to the Bureau’s processing of routine section 214 transfer

of control applications.8

In the past, the procedures for addressing petitions for study area waiver required

the Bureau to issue an order either granting or denying the request after issuing a public notice. Under the

revised process, upon determination that a petitioner has filed a complete petition and that the petition is

appropriate for streamlined treatment, the Bureau will issue a public notice seeking comment on the

petition, and the petition will be deemed granted 60 days after the reply comment due date absent further

action by the Bureau.9

Based on an initial review, the Bureau finds that the Petition is complete and is

appropriate for streamlined treatment, and it therefore seeks comment on the Petition.

Interested parties may file comments on or before July 7, 2014, and reply comments on or

before July 23, 2014. All pleadings are to reference CC Docket No. 96-45. Comments may be filed

using the Commission’s Electronic Comment Filing System (ECFS), or by filing paper copies.10

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. 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. All hand

deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of

before entering the building. The filing hours are 8:00 a.m. to 7:00 p.m.

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).

7 See MTS and WATS Market Structure, Amendment of Part 67 of the Commission’s Rules and Establishment of a

Joint Board, CC Docket Nos. 78-72, 80-286, Decision and Order, 50 Fed. Reg. 939 (1985).

8 See USF/ICC Transformation Order, 26 FCC Rcd at 17763, paras. 266-67.

9 See id.; 47 C.F.R. § 36.4.

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

FCC Rcd 11322 (1998).

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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, SW, Room

CY-B402, Washington, DC 20554, www.bcpiweb.com; phone: (202) 488-5300 fax: (202) 488-5563;

(2) Abdel Eqab, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th

Street, SW, Room 5-B431, Washington, DC 20554; e-mail: Abdel-Hamid.Eqab@fcc.gov;

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

Street, SW, Room 5-A452, Washington, DC 20554; e-mail: Charles.Tyler@fcc.gov.

This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the

Commission’s ex parte rules.11

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 Abdel Eqab, Telecommunications Access Policy Division,

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

- FCC -

11 47 C.F.R. §§ 1.1200 et seq.

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