PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION  
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                 DA 97-659

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov
                                
NEBCOM, INC. FILED A PETITION FOR WAIVER OF SECTIONS 61.41(C)(2) 
            AND 69.605(C) OF THE COMMISSION'S RULES
                            AAD 97-50
                                                Released:  April 3, 1997

Comment Date:  April 23, 1997
Reply Date:         May 5, 1997

     On March 25, 1997, NebCom, Inc. ("NebCom") filed a petition for waiver of Sections
61.41(c)(2) and 69.605(c) of the Commission's rules.  NebCom is a Nebraska corporation newly
formed to operate nine exchanges purchased from U S WEST Communications, Inc. ("U S WEST"). 
NebCom is a wholly-owned subsidiary of Northeast Nebraska Telephone Company ("NE
Nebraska"), an average schedule company, serving other local exchanges within Nebraska.  NebCom
shares the study area of its parent, NE Nebraska.  NebCom states that prior to the acquisition of the
U S WEST exchanges, NE Nebraska received permission from the Common Carrier Bureau to
reconfigure its study area boundaries to include the nine exchanges purchased from U S WEST. 
NE Nebraska decided to transfer the nine exchanges to its subsidiary, NebCom.  As a result,
NebCom seeks a waiver of Section 61.41(c)(2) of the Commission's price cap rules, 47 C.F.R. 
61.41, if necessary, to exempt it from the price cap "all or nothing" rule.  That rule requires non-price
cap companies, and the telephone companies with which they are affiliated, to become subject to
price cap regulation after acquiring a price cap company or any part thereof.  The requested waiver
would permit NebCom to operate under rate-of-return regulation after acquiring the U S WEST
exchanges which currently are under price cap regulation.  In addition, NebCom seeks waiver of
Section 69.605(c) so that it may operate as an average schedule company.  

     Interested parties may file comments on the petition on or before April 23, 1997, and reply
comments on or before May 5, 1997, with the Secretary, Federal Communications Commission,
1919 M Street, N.W., Room 222, Washington, D.C. 20554. Comments and reply comments should
reference AAD 97-50.  Four (4) copies should also be sent to Adrian Wright, Competitive
Safeguards Branch, Common Carrier Bureau, Room 257, 2000 L Street, N.W., Washington, D.C.
20554, and one (1) copy should be sent to the Commission's contractor for public service record
duplication: International Transcription Service (ITS), 2100 M Street, N.W., Suite 140, Washington,
D.C. 20037.  Copies of the petition may be obtained from the Accounting and Audits Division's public reference room, Room 812, 2000 L Street, N.W., Washington, D.C. 
Copies are also available from ITS at (202) 857-3800.  

     We will treat this proceeding as non-restricted for purposes of the Commission's ex parterules.  See generally, 47 C.F.R.  1.1200-1.1206.  However, if this waiver petition is opposed, it
will be treated as a restricted proceeding under the Commission's ex parte rules.  See generally, 47
C.F.R.  1.1208-1.1216.  For further information contact Adrian Wright at (202) 418-0840.
                                 
                FEDERAL COMMUNICATIONS COMMISSION