PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554DA 97-1230 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov RURAL TELEPHONE SERVICE COMPANY, INC. AND UNITED TELEPHONE COMPANY OF KANSAS FILED A PETITION FOR WAIVER OF SECTION 61.41(C) AND THE DEFINITION OF "STUDY AREA" CONTAINED IN THE APPENDIX- GLOSSARY OF PART 36 OF THE COMMISSION'S RULES AAD 97-73 Released: June 13, 1997 Comment Date: July 3, 1997 Reply Date: July 14, 1997 On May 29, 1997, Rural Telephone Service Company, Inc. ("Rural") and United Telephone Company of Kansas ("United") filed a petition for waiver of the definition of "Study Area" as set forth in the Appendix-Glossary of Part 36 of the Commission's rules. That definition constitutes a rule freezing all study area boundaries, effective November 15, 1984. Rural and United seek to alter the boundaries of their existing Kansas study areas to reflect the sale of the Quinter and Wakeeney exchanges from United to Rural. In addition, Rural seeks a waiver of Section 61.41(c) of the Commission's price cap rules, 47 C.F.R.  61.41, 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 Rural to continue operating under rate-of-return regulation after acquiring the United exchanges which currently are under price cap regulation. The petitioners submitted a letter from the Kansas Corporation Commission indicating that it does not object to the changes in the study area boundaries caused by transferring the exchanges from United to Rural. Interested parties may file comments on the petition on or before July 3, 1997, and reply comments on or before July 14, 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 97-73. 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 permit-but-disclose proceeding for purposes of the Commission's ex parte rules. 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. For further information contact Adrian Wright at (202) 418-0840. FEDERAL COMMUNICATIONS COMMISSION