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ACS Connect America Phase I Petition for Waiver Public Notice

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Released: October 2, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1573

Release Date: October 2, 2012




WC Docket Nos. 10-90, 05-337

Comment Date: October 12, 2012
Reply Comment Date: October 19, 2012

The Wireline Competition Bureau seeks comment on a petition filed by ACS of Anchorage, Inc.,
ACS of Northland, Inc., ACS of Fairbanks, Inc., and ACS of Alaska, Inc. (collectively, “ACS”) for a
waiver of certain portions of section 54.312(b)(2) of the Commission’s rules, which, among other things,
requires a carrier accepting Connect America Phase I incremental support to deploy broadband service to
a number of unserved locations equal to the amount of incremental support accepted divided by $775.1
ACS accepted $4,185,103 in incremental support, obligating it to deploy broadband to 5,401 unserved
locations.2 However, ACS alleges that it later discovered that the business case only supported deploying
to 2,163 unserved locations under the current Commission rules, accounting for $1,676,325 in accepted
support.3 In order to utilize the remaining $2,508,778 in support, ACS requests a waiver of the terms of
section 54.312(b)(2) of the Commission’s rules.4 Specifically, ACS requests three alternative forms of
relief. First, ACS requests waiver of the $775 per location limit, allowing it to deploy broadband to 363
locations for the remaining $2,508,778.5 Second, ACS requests a waiver of the definition of “broadband”
to allow ACS to count upgrading service to existing customers with speeds below 1.5 Mbps as deploying

1 ACS Petition for Waiver, WC Docket Nos. 10-90, 05-337 (filed Sept. 26, 2012) (Petition); see also 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 and FNPRM); pets. for review pending sub nom. In re:
FCC 11-161
, No. 11-9900 (10th Cir. filed Dec. 18, 2011); 47 C.F.R. § 54.312(b).
2 Petition at 3.
3 Id. at 6-7.
4 Id. at 7.
5 Id. at 8-9.

to an unserved location.6 Third, ACS requests a waiver of the definition of “unserved,” such that
locations served by a fixed wireless broadband provider would be deemed unserved.7
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file
comments or reply comments on or before the dates indicated above.8 Comments may be filed using the
Commission’s Electronic Comment Filing System (ECFS).9
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy 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, DC 20554.
The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber
bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.
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,
SW, Washington DC 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 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) Ryan J. Yates, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, S.W., Room 5-B441A, Washington, DC 20554; e-mail:; and
(2) Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, S.W., Room 5-A452, Washington, DC 20554; e-mail:

6 Id. at 9-11.
7 Id. at 11-12.
8 47 C.F.R. §§ 1.415, 1.419.
9 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.10 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
For further information, please contact Ryan Yates, Telecommunications Access Policy Division,
Wireline Competition Bureau at (202) 418-0886 or TTY (202) 418-0484.
- FCC -

10 47 C.F.R. §§ 1.1200 et seq.

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