Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Windy City Cellular and Adak Eagle Enterprises Petitions for Waiver

Download Options

Released: February 28, 2014

Federal Communications Commission

DA 14-289

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: February 28, 2014

Released: February 28, 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 extend further
limited, interim fixed support in the amount of $33,276 for AEE and $40,104 for WCC monthly,
beginning February 2014, for, whichever comes first, a period of no longer than six months or until the
Bureaus and/or the Commission complete review of the companies’ Petition for Reconsideration and/or
Application for Review, respectively, of the Bureaus’ AEE/WCC Denial Order.2
2. In July 2013, the Bureaus denied the petition of WCC for a waiver of section 54.307(e) of the
Commission’s rules, 3 which established a $250 per line per month cap on high-cost universal service
support for competitive eligible telecommunications carriers,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 month


1 Adak Eagle Enterprises, LLC and Windy City Cellular, LLC; Petitions for Waiver of Certain High-Cost Universal
Service Rules,
WC Docket No. 10-90, WT Docket No. 10-208, Order, 28 FCC Rcd 10194, 10211-12, paras. 48-50
(Wireless Tel. Bur./Wireline Comp. Bur. 2013) (AEE/WCC Denial Order).
2 Id. See 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 14-289

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 jointly 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 subsequently submitted
in October 2013.8 Both the Petition for Reconsideration and Application for Review present several
complex issues requiring in-depth, coordinated review and careful analysis of the new information
submitted. In January 2014, we issued an order granting a further two-month extension of the interim
relief to AEE and WCC out of an abundance of caution, to preserve the status quo while we completed
this review and analysis.9 As our review of the companies’ Petition for Reconsideration and Application
is still ongoing, we authorize this continued interim support, beginning February 2014, for a period of no
longer than six months or until review of the Petition for Reconsideration and/or Application for Review
is complete, whichever comes first. The support will be provided pursuant to the same terms and
conditions as were stipulated in the AEE/WCC Denial Order.10
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,11 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, WT Docket No. 10-208 (filed Oct. 23, 2013).
9 Connect America Fund; Universal Service Reform – Mobility Fund; Petitions for Waiver of Windy City Cellular,
LLC and Adak Eagle Enterprises, LLC
, WC Docket No. 10-90, WT Docket No. 10-208, Order, 29 FCC Rcd 244
(Wireline Comp. Bur./Wireless Tel. Bur. 2014).
10 See AEE/WCC Denial Order, 28 FCC Rcd at 10211-12, paras. 48-50.
11 USF/ICC Transformation Order, 26 FCC Rcd at 17842, para. 544.
2

Federal Communications Commission

DA 14-289

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

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.