Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Bureau Seeks Comment on Petition for Limited Waiver Filed by Carriers.

Download Options

Released: December 3, 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 12-1939

Release Date: December 3, 2012





WC Docket Nos. 10-90, 07-135, 05-337, 03-109; GN Docket No. 09-51; CC Docket Nos. 01-92, 96-45;

WT Docket No. 10-208

Comment Date: January 2, 2013
Reply Comment Date: January 17, 2013

On November 19, 2012, Cimarron Telephone Company, Cross Telephone Company, and
Pottawatomie Telephone Company (collectively, Petitioners) filed a petition seeking limited waiver of the
requirements set forth in 51.917 of the Commission’s rules.1 Petitioners request a “waiver allowing them
to include in their 2011 Base Period Revenues amounts billed, due, and owing from Halo Wireless, Inc. . .
. for intrastate usage during Fiscal Year 2011.”2 Petitioners assert that Halo diverted a “large amount of
traffic” through its network3 and then “filed for bankruptcy protection [] staying all collection actions.”4
Petitioners state that their “2011 Base Period Revenues do not represent normal traffic revenues because
an inordinate amount is uncollectible”5 and that if “the Halo uncollectable intrastate access revenues are
not included in the Petitioners 2011 Base Period Revenues, consumers in Petitioners’ rural Oklahoma
service areas will suffer the consequences for years to come.”6
Petitioners filed a confidential and a redacted version of their waiver petition. Parties seeking
access to the confidential version of Petitioners waiver petition shall request access pursuant to the terms
of the Third Protective Order adopted August 30, 2012.7

1 Cimarron Telephone Company, Cross Telephone Company, and Pottawatomie Telephone Company Petition for
Limited Waiver of Section 51.917(c) of the Commission’s Rules, WC Docket Nos. 10-90, 07-135, 05-337, 03-109;
GN Docket No. 09-51; CC Docket Nos. 01-92, 96-45; WT Docket No. 10-208 (filed Nov. 19, 2012) (Cimarron et al.
Waiver Petition).
2 Cimarron et al. Waiver Petition at 2.
3 Id. at iii.
4 Id. at 7.
5 Id. at iii.
6 Id. at iv.
7 Connect America Fund et al., WC Docket Nos. 10-90, 07-135, 05-337, 03-109; GN Docket No. 09-51; CC Docket
Nos. 01-92, 96-45; WT Docket No. 10-208, Protective Order, 27 FCC Rcd. 10276 (2012) (Third Protective Order).

Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file
comments and reply comments on or before the dates indicated on the first page of this document.8 All
pleadings are to reference

WC Docket Nos. 10-90, 07-135, 05-337, 03-109; GN Docket No. 09-51; CC
Docket Nos. 01-92, 96-45; WT Docket No. 10-208.

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 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 email to or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (tty).
In addition, one copy of each pleading must be sent to Belinda Nixon, Federal Communications
Commission, Wireline Competition Bureau, Pricing Policy Division, 445 12th Street, SW, Room 5-A333,
Washington, DC 20554, or via email at
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

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).
10 47 C.F.R. §§ 1.1200 et seq.

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, contact Belinda Nixon, Wireline Competition Bureau, Pricing Policy
Division, at (202) 418-1520 or via email at
- FCC -

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.


You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.