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Universal Service Fund - High-Cost

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Released: June 4, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


TTY: 1-888-835-5322

Washington, D.C. 20554

DA 13-1308

Released: June 4, 2013




WC Docket No. 10-90

WC Docket No. 05-337

Oppositions Due: June 14, 2013
Replies to Oppositions Due: June 24, 2013

The Wireline Competition Bureau (Bureau) seeks comment on an application for review filed by
Dell Telephone Cooperative, Inc. (Dell).1 On April 30, 2013, the Bureau released an order that dismissed
without prejudice several petitions for waiver of certain universal service rules, including a petition from
Dell,2 because of the availability of alternative remedies and support through a state process.3 Dell seeks
review of the Bureau’s decision to dismiss its petition for waiver.4
Pursuant to section 1.115 of the Commission’s rules, oppositions shall be filed within 15 days
after the application for review is filed and replies to oppositions shall be filed within 10 days after the
opposition is filed.5 Oppositions and replies to oppositions may be filed using the Commission’s
Electronic Comment Filing System (ECFS).6

1 Application for Review of Dell Telephone Cooperative, WC Docket Nos. 10-90, 05-337 (filed May 30, 2013)
(Dell Application for Review).
2 Petition for Waiver of Dell Telephone Cooperative, WC Docket No. 10-90 et al. (filed June 7, 2012) (seeking
waiver of: (i) section 54.302 of the Commission’s rules capping per-line support at $250 per month; (ii) section
36.621(a)(5) of the Commission’s rules (“the benchmark rule”) limiting capital and operating expenses for high-cost
loop support (HCLS); and (iii) section 36.621(a)(4) of the Commission’s rules extending existing corporate
operations expense limits to the existing HCLS and interstate common line support (ICLS) mechanisms).
3 Connect America Fund; High-Cost Universal Service Support, WC Docket Nos. 10-90, 05-337, Order, DA 13-965
(Wireline Comp. Bur. rel. April 30, 2013).
4 See Dell Application for Review, supra note 1.
5 47 C.F.R. § 1.115.
6 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (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 St., SW, Room TW-A325, Washington, D.C. 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 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 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) Abdel Eqab, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, S.W., Room 5-B431, Washington, D.C. 20554; e-mail:;
(2) Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, S.W., Room 5-A452, Washington, D.C. 20554; e-mail:; and
(3) Dania Ayoubi, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, S.W., Room 6-A322, Washington, D.C. 20554; e-mail:
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.7 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

7 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, please contact Abdel Eqab, Telecommunications Access Policy Division,
Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
- FCC -

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