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Windy City Cellular, LLC and Adak Eagle Enterprises, LLC

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Released: June 14, 2013

Federal Communications Commission

DA 13-1384

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: June 14, 2013

Released: June 14, 2013

By the Chief, Wireless Telecommunications Bureau and the Chief, Wireline Competition Bureau:
1. By this Order, the Wireless Telecommunications Bureau (WTB) and the Wireline
Competition Bureau (WCB) (collectively, Bureaus) approve limited, interim relief from certain
Commission rules governing high-cost universal service support to provide Windy City Cellular, LLC
(WCC) and Adak Eagle Enterprises, LLC (AEE) with additional interim support. Specifically, the
Bureaus authorize fixed support in the amount of $40,104 for WCC and $33,276 for AEE for a period of
one month. The Bureaus provide this continued limited, interim relief while we review the companies'
respective waiver petitions,1 including proposals that were recently filed to reduce certain expenses.2
2. In December 2012, the Bureaus granted WCC and AEE interim relief while the Bureaus
reviewed the carriers' respective waiver petitions.3 The Bureaus approved additional relief to provide
both WCC and AEE with interim support in the amounts of $40,104 per month and $33,276 per month,
respectively, for a period of six months or until the Bureaus resolved the petitions. During that time, AEE


1 Petition for Waiver of Windy City Cellular, LLC, WC Docket No. 10-90 et al. (filed Apr. 3, 2012); Adak Eagle
Enterprises, LLC Petition for Waiver of Section 54.302 of the Commission's Rules, WC Docket No. 10-90 and WT
Docket No. 10-208 (filed May 22, 2012). For more detailed background on the AEE and WCC petitions, see the
Bureaus' order granting interim relief to AEE and WCC. Connect America Fund; Universal Service Reform
Mobility Fund; Petitions for Waiver of Windy City Cellular, LLC, and Adak Eagle Enterprise
, LLC, WC Docket No.
10-90, WT Docket No. 10-208, Order, 27 FCC Rcd 15836 (Wireless Tel. Bur./Wireline Comp. Bur. 2012)
(AEE/WCC Interim Relief Order).
2 Letter from Monica S. Desai, Counsel, Adak Eagle Enterprises, LLC and Windy City Cellular, LLC, to Marlene H.
Dortch, Secretary, Federal Communications Commission, Submission of Supplemental Information, WC Docket
No. 10-90 et al. (filed May 15, 2013) (AEE May 15, 2013 Ex Parte); Letter from Monica S. Desai, Counsel, Adak
Eagle Enterprises, LLC and Windy City Cellular, LLC, to Marlene H. Dortch, Secretary, Federal Communications
Commission, WC Docket No. 10-90 et al. (filed May 31, 2013) (AEE May 31, 2013 Ex Parte).
3 AEE/WCC Interim Relief Order (providing interim support to AEE & WCC). WTB granted WCC similar interim
relief in June 2012. Connect America Fund; Universal Service Reform Mobility Fund; Petition for Waiver of
Windy City Cellular, LLC
, WC Docket No. 10-90, WT Docket No. 10-208, Order, 27 FCC Rcd 6224 (Wireless Tel.
Bur. 2012) (WCC Interim Relief Order).

Federal Communications Commission

DA 13-1384

and WCC submitted several filings in support of their petitions, including two expense reduction
proposals filed on May 15, 2013 and May 31, 2013.4
3. In order to fully consider the recent submissions, we grant a one-month further extension of
the interim relief to AEE and WCC. The support will be provided pursuant to the same terms and
conditions as the prior interim relief awarded in this proceeding. Specifically, as a condition of interim
support, WCC must continue providing wireless service on the same terms and conditions, or coordinate
with WTB staff on a transition plan should WCC elect to terminate service.5 In addition, AEE must
maintain its existing services. To the extent that AEE must discontinue, reduce or impair service, it must
coordinate with WCB staff on a transition plan in order to minimize customer disruption.6 The Bureaus
also expect AEE and WCC to actively pursue any and all further cost cutting and revenue generating
measures they can take in order to reduce their dependency on universal service support to the level of
the cap.7 The interim relief provided in this Order will be subject to true-up following the Bureaus' final
determination on the merits of the petitions.
4. For the reasons discussed above, WTB hereby authorizes Windy City Cellular, LLC interim
relief in the amount of $40,1048 for a period of one month.9 In addition, WCB hereby authorizes Adak
Eagle Enterprises, LLC interim relief in the amount of $33,27610 for a period of one month.11
5. 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,12 FCC 11-161, that the Universal Service


4 See, e.g., Letter from Monica S. Desai, Counsel, Adak Eagle Enterprises, LLC and Windy City Cellular, LLC, to
Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 10-90 et al. (filed Feb. 28,
2013); Letter from Monica S. Desai, Counsel, Adak Eagle Enterprises, LLC and Windy City Cellular, LLC, to
Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 10-90 et al. (filed Apr. 12,
2013); Letter from Monica S. Desai, Counsel, Adak Eagle Enterprises, LLC and Windy City Cellular, LLC, to
Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 10-90 et al. (filed May 14,
2013); AEE May 15, 2013 Ex Parte; Letter from Monica S. Desai, Counsel, Adak Eagle Enterprises, LLC and
Windy City Cellular, LLC, to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No.
10-90 et al. (filed May 16, 2013); Letter from Monica S. Desai, Counsel, Adak Eagle Enterprises, LLC and Windy
City Cellular, LLC, to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 10-90
et al. (filed May 20, 2013); AEE May 31, 2013 Ex Parte.
5 See, e.g., AEE/WCC Interim Relief Order, 27 FCC Rcd at 15840, para. 11.
6 The condition on the waiver enabling AEE to obtain interim support is in addition to any otherwise-applicable
discontinuance requirements. See, e.g., 47 U.S.C. 214(a); 47 C.F.R. 63.71.
7 See AEE/WCC Interim Relief Order, 27 FCC Rcd at 15836-40, paras. 2-11.
8 See WCC Interim Relief Order, 27 FCC Rcd at 6227-28, paras. 12-15 (describing the methodology used to
determine the interim support amount for WCC).
9 This one month interim relief is for the period subsequent to the final disbursement of interim relief authorized by
the AEE/WCC Interim Relief Order.
10 See AEE/WCC Interim Relief Order, 27 FCC Rcd at 15839-40, para. 9 (describing the methodology used to
determine the interim support amount for AEE).
11 See supra note 9.
12 Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed
Rulemaking, 26 FCC Rcd 17663 (2011) (USF/ICC Transformation Order), pets. for review pending sub nom. In re:
FCC 11-161
, No. 11-9900 (10th Cir. filed Dec. 8, 2011).
2

Federal Communications Commission

DA 13-1384

Administrative Company SHALL MAKE payment to Windy City Cellular, LLC and Adak Eagle
Enterprises, LLC in accordance with the amount, terms and conditions described herein.
6. 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
Ruth Milkman
Chief, Wireless Telecommunications Bureau
Julie A. Veach
Chief, Wireline Competition Bureau
3

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