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WIRELINE COMPETITION BUREAU INITIATES PROCEEDING TO CONSIDER NE COLORADO CELLULAR, INC. D/B/A VIAERO WIRELESS PETITION FOR AGREEMENT IN REDEFINING THE SERVICE AREAS OF RURAL TELEPHONE COMPANIES IN KANSAS

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Released: May 4, 2011

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 11-642

Release Date: April 7, 2011

WIRELINE COMPETITION BUREAU INITIATES PROCEEDING TO CONSIDER NE

COLORADO CELLULAR, INC. D/B/A VIAERO WIRELESS PETITION FOR AGREEMENT

IN REDEFINING THE SERVICE AREAS OF RURAL TELEPHONE COMPANIES IN KANSAS

WC Docket No. 09-197

Comment Date: May 9, 2011
Reply Comment Date: May 24, 2011

The Wireline Competition Bureau (Bureau) provides notice that it is initiating a proceeding to
consider a petition filed by NE Colorado Cellular, Inc. d/b/a Viaero Wireless (Viaero), pursuant to section
54.207 of the Commission's rules.1 Viaero requests the Commission's agreement with the decision of the
Kansas State Corporation Commission to redefine the service areas of several rural telephone companies:
Golden Belt, S&T Telephone Cooperative Association, Tri-County Telephone Association, Twin Valley,
and Wheat State.2
On January 19, 2011, the Bureau released a public notice seeking comment on Viaero's petition.3
Pursuant to section 54.207(c)(3) of the Commission's rules, the Bureau has 90 days from the release date
of a public notice to initiate a proceeding to consider petitions to redefine the service areas of rural
telephone companies.4 This notice constitutes initiation of such a proceeding for the Petition.
Interested parties may file comments on or before May 9, 2011, and reply comments on or
before May 24, 2011. All pleadings are to reference

WC Docket No. 09-197

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

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


1 Petition by NE Colorado Cellular, Inc., d/b/a Viaero Wireless for Commission Agreement in Redefining Certain
Service Areas of Incumbent Rural Telephone Companies in the State of Kansas Pursuant to 47 C.F.R. Section
54.207(c), WC Docket No. 09-197 (filed Jan. 13, 2011) (Petition); 47 C.F.R. 54.207.
2 Petition at 56.
3 Wireline Competition Bureau Seeks Comment on NE Colorado Cellular, Inc. d/b/a Viaero Wireless Petition for
Agreement in Redefining the Service Areas of Rural Telephone Companies in Kansas
, WC Docket No. 09-197,
Public Notice, 26 FCC Rcd 369 (Wireline Comp. Bur. 2011).
4 47 C.F.R. 54.207(c)(3). If the Commission does not initiate a proceeding within 90 days of the release of the
public notice, the definitions proposed by the Illinois Commerce Commission will be deemed approved by the
Commission and would take effect in accordance with state procedures. 47 C.F.R. 54.207(c)(3)(ii). The
Commission delegated its authority to act on petitions to redefine rural service areas to the Bureau. 47 C.F.R.
54.207(e).
5 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).


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. 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, D.C. 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, 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) Joseph Cavender, Telecommunications Access Policy Division, Wireline Competition Bureau, 445
12th Street, S.W., Room 5-B442, Washington, D.C. 20554; e-mail: joseph.cavender@fcc.gov; and
(3) 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.
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 CY-B402, Washington,
D.C. 20554, telephone: (202) 488-5300, fax: (202) 488-5563, or via e-mail www.bcpiweb.com.
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


6 47 C.F.R. 1.1200 et seq.
7 See 47 C.F.R. 1.1206(b)(2).
8 47 C.F.R. 1.1206(b).
2

For further information, please contact Joseph Cavender, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
- FCC -
3

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