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Comment Sought on Texas LECs Petition for ICC Revenue Recovery Waiver

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Released: June 26, 2014


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-913

Released: June 26, 2014




CC Docket No. 01-92; WC Docket Nos. 07-135, 10-90

Comment Date: July 28, 2014

Reply Comment Date: August 12, 2014

On March 14, 2014, Big Bend Telephone Company, Brazoria Telephone Company, Eastex

Telephone Cooperative, Inc., Industry Telephone Company, Livingston Telephone Company, Inc., Mid-

Plains Rural Telephone Cooperative, Inc., Riviera Telephone Company, Inc., and Valley Telephone

Cooperative, Inc. (jointly referred to herein as Texas LECs) filed a petition for limited and expedited

waiver of section 51.917(c) of the Commission’s rules.1 Section 51.917(b) requires that 2011 Rate-of-

Return Carrier Base Period Revenue consist of, among other things, Fiscal Year 2011 revenues from

Transitional Intrastate Access Service received by March 31, 2012. Specifically, the Texas LECs seek a

waiver “to include amounts owed to the Company by Halo Wireless, Inc. (“Halo”) in Fiscal Year 2011 in

its Carrier Base Period Revenues.”2

Pursuant to section 1.419 of the Commission’s rules, 47 C.F.R. § 1.419, interested parties may

file comments on or before the dates indicated above. Comments may be filed by paper copies or by

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.

Because more than one docket number appears in the caption of this proceeding, filers must

submit two additional copies for each additional docket number. Filings can be sent by hand or

messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal

1 Petition of Big Bend Telephone Company, Brazoria Telephone Company, Eastex Telephone Cooperative, Inc.,

Industry Telephone Company, Livingston Telephone Company, Inc., Mid-Plains Rural Telephone Cooperative, Inc.,

Riviera Telephone Company, Inc., and Valley Telephone Cooperative, Inc. for Limited Waiver of 47 C.F.R. §

51.917(c), 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 Mar. 14, 2014) (Texas LECs Petition). The rule to which the Texas LECs refer in

their waiver petition, 47 C.F.R. § 51.917(c), is now numbered as 47 C.F.R. § 51.917(b)(7)(ii).

2 Texas LECs Petition at 2.


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


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) or (202) 418-0432 (tty).

This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the

Commission’s ex parte rules.3 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.

For further information, please contact Gregory Haledjian, Pricing Policy Division, Wireline

Competition Bureau, at (202) 418-1520 or via e-mail at

- FCC -

3 47 C.F.R. §§ 1.1200 et seq.


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