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Comment Sought on Petition for Waiver Filed by Pioneer Telephone

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Released: April 18, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-786

Released: April 18, 2013




CC Docket No. 80-286

Comment Date: May 20, 2013
Reply Comment Date: June 3, 2013

In the 2001 Separations Freeze Order, the Commission imposed a freeze on all Part 36 cost
allocation factors.1 In addition, the Commission imposed a freeze on Part 36 category relationships for
price cap carriers, but gave rate-of-return carriers the option freezing their category relationships or
leaving them unfrozen.2 The Commission has subsequently extended the separations freeze.3 On March
22, 2013, Pioneer Telephone Cooperative, Inc. (Pioneer), a rate-of-return carrier which elected in 2001 to
freeze its category relationships, filed a petition seeking a waiver of sections 36.3, 36.123-126, 36-141,
36.152-157, 36.191 and 36.372-382 of the Commission’s rules to unfreeze Part 36 category
relationships.4 The Wireline Competition Bureau seeks comment on Pioneer’s petition.
Interested parties may file comments on or before May 20, 2013 and reply comments on or
before June 3, 2013. All filings are to reference

CC Docket No. 80-286

. Comments may be filed using
the Commission’s Electronic Comment Filing System (ECFS).5
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: Filers should follow the instructions provided on the
website for submitting comments.

1 Jurisdictional Separations and Referral to the Federal-State Joint Board, CC Docket No. 80-286, Report and
Order, 16 FCC Rcd 11382, 11387-88, para. 9. (2001).
2 Id. at 11388-89, para. 11.
3 See e.g., Jurisdictional Separations and Referral to the Federal-State Joint Board, CC Docket No. 80-286, Report
and Order, 26 FCC Rcd 7133 (2011) (extending the separations freeze until June 30, 2012); 47 C.F.R. Part 36.
4 Petition of Pioneer Telephone Cooperative, Inc. for Waiver of 47 C.F.R. Section 36.3, 36.123-126, 36-141, 36.152-
157, 36.191 And 36.372-382 To Unfreeze Part 36 Category Relationships, CC Docket No. 80-286 (Mar. 22, 2013);
47 C.F.R. §§ 36.3; 36.123-126, 36-141, 36.152-157, 36.191 and 36.372-382.
5 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).

Paper Filers: Parties who choose to file by paper must file an original and four copies 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).
This proceeding is considered a “permit but disclose” proceeding for purposes of the
Commission’s ex parte rules.6 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 parte rules.

6 47 C.F.R. §§ 1.1200 et seq.

For further information, please contact Wesley Platt, Competition Policy Division, Wireline
Competition Bureau, (202) 418-2821 or
- FCC -

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