Bureau Seeks Comment on Midstate and Arthur Mutual Petitions
Federal Communications Commission
News Media Information 202 / 418-0500445 12th St., S.W.
Washington, D.C. 20554
Released: May 20, 2013
WIRELINE COMPETITION BUREAU SEEKS COMMENT ON MIDSTATE TELEPHONE
COMPANY AND ARTHUR MUTUAL TELEPHONE COMPANY PETITIONS FOR LIMITED
WAIVER OF THE COMMISSION’S INTERCARRIER COMPENSATION REVENUE
RECOVERY RULES FOR RATE-OF-RETURN CARRIERS
CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51;
WC Docket Nos. 03-109, 05-337, 07-135, 10-90; WT Docket No. 10-208
Comment Date: June 4, 2013On May 9, 2013, Midstate Telephone Company (Midstate) filed a petition for waiver of section
51.917(b)(7)(iii) of the Commission’s rules.1 Specifically, Midstate seeks a limited waiver “to correct a
clerical error in the identification of its Base Period Fiscal Year 2011 reciprocal compensation revenues
received by March 31, 2012.”2 Midstate explains that when it “initially identified its fiscal year reciprocal
compensation revenues and expenses, it inadvertently excluded a portion of the recip[rocal]
comp[ensation] revenue for one of the CMRS providers.”3 Midstate argues that “a significant support
reduction”4 would result if the clerical error is not corrected.
On May 13, 2013, Arthur Mutual Telephone Company (Arthur), filed a petition for waiver of
section 51.917(b)(7)(ii) of the Commission’s rules.5 Arthur seeks a limited waiver “to include in its FY
2011 Base Period Revenue amounts for Transitional Access Service that were billed and collected during
this time period, but were not properly accounted for when calculating the baseline for recovery.”6 Arthur
states that “due to a change in billing vendors” the company mistakenly omitted “eight months of revenue
and minutes related to Intrastate/InterMTA billed as Intrastate access and received from wireless
1 Petition of Midstate Telephone Company for Limited Waiver of 47 C.F.R. § 51.917(b)(7)(iii), CC Docket Nos. 01-
92, 96-45, GN Docket No. 09-51, WC Docket Nos. 03-109, 05-337, 07-135, 10-90, WT Docket No. 10-208 (filed
May 9, 2013).
3 Id. at 1-2.
4 Id. at 2.
5 Petition of Arthur Mutual Telephone Company for Limited Waiver of 47 C.F.R. § 51.917(b)(7)(ii), CC Docket
Nos. 01-92, 96-45, GN Docket No. 09-51, WC Docket Nos. 03-109, 05-337, 07-135, 10-90, WT Docket No. 10-208
(filed May 13, 2013).
carriers.”7 Arthur argues that if it is not allowed to correct “[t]his material understatement of base period
revenues” the company would lose “significant” CAF support.”8
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 C.F.R. §§ 1.415, 1.419,
interested parties may file comments on or before the date indicated on the first page of this document.
Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
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 Street, 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
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 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 email@example.com or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (tty).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.9 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
7 Id. at 2.
9 47 C.F.R. §§ 1.1200 et seq.
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 Gregory Haledjian, Wireline Competition Bureau, Pricing
Policy Division, at (202) 418-1520 or via e-mail at Gregory.Haledjian@fcc.gov.
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