Federal Register: December 30, 2003 (Volume 68, Number 249)
DOCID: FR Doc 03-31969
FEDERAL COMMUNICATIONS COMMISSION
Federal Communications Commission
Docket ID: [CC Docket No. 96-45; DA 03-3105]
NOTICE: NOTICES
ACTION: Common carrier services:
DOCUMENT ACTION: Notice; solicitation of comments.
SUBJECT CATEGORY:
NPCR, Inc. d/b/a Nextel Partners Petition for Designation as an Eligible Telecommunications Carrier in the State of Tennessee
DATES: Comments are due on or before January 9, 2004. Reply comments are due on or before January 23, 2004.
DOCUMENT SUMMARY:
In this document, the Wireline Competition Bureau sought comment on the Nextel Partners Tennessee (Nextel Partners TN) petition. Nextel Partners TN seeks designation as an eligible telecommunications carrier (ETC) to receive federal universal service support for service offered in nonrural wire centers currently served by BellSouth and portions of the rural study area served by United Inter MTTN (United).
SUMMARY:
Telecommunications carrier eligibility designation petitions—; Nextel Partners; Tennessee service area,
SUPPLEMENTAL INFORMATION
This is a summary of the Commission's public notice, CC Docket No. 9645, released October 7, 2003. On June 12, 2003, NPCR, Inc. d/b/a Nextel Partners (Nextel Partners TN) filed with the Commission a petition under section 214(e)(6) of the Communications Act of 1934, as amended. In particular, Nextel Partners TN seeks designation as an eligible telecommunications carrier (ETC) to receive federal universal service support for service offered in those portions of Nextel Partners TN's licensed service area located in rural study areas in Tennessee currently served by BellSouth and United Inter MTTN (United).
Nextel Partners TN contends that the Tennessee Regulatory Authority (TRA) does not regulate Commercial Mobile Radio Service and presents a letter from TRA acknowledging its lack of jurisdiction. Hence, according to Nextel Partners TN, the Commission has jurisdiction under section 214(e)(6) to consider and grant its petition. Nextel Partners TN also maintains that it satisfies all the statutory and regulatory prerequisites for ETC designation, and that designating Nextel Partners TN as an ETC will serve the public interest.
In accordance with Sec. 54.207(c) of the Commission's rules, Nextel Partners TN requests that the Commission designate Nextel as an ETC in a service area defined along boundaries that differ from the incumbent rural local exchange carrier's study area boundaries. The service area requested by Nextel Partners TN for ETC designation partially covers United's study area. Nextel Partners TN requests a redefinition of United's rural service area so each wire center in United's study area is a separate service area. Nextel Partners TN intends to serve each proposed wire center in its entirety. Nextel Partners TN maintains that the proposed redefinition of service areas for ETC purposes is consistent with the factors to be considered when redefining a rural telephone company service area, as enumerated by the FederalState Joint Board on Universal Service. (Joint Board). The Wireline Competition Bureau seeks comment on the Nextel Partners TN Petition.
The petitioner must provide copies of its petition to the TRA. The Commission will also send a copy of this public notice to the TRA by overnight express mail to ensure that the TRA is notified of the notice and comment period.
Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments as follows: comments are due January 9, 2004 and reply comments are due January 23, 2004. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998.
Comments filed through the ECFS can be sent as an electronic file
via the Internet to http://www.fcc.gov/efile/ecfs.html. Generally,
only one copy of an electronic submission must be filed. If multiple
docket or rulemaking numbers appear in the caption of this proceeding,
however, commenters must transmit one electronic copy of the comments
to each docket or rulemaking number referenced in the caption. In
completing the transmittal screen, commenters should include their full
name, U.S. Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Internet email. To get filing instructions for email comments,
commenters should send an email to ecfs@fcc.gov, and should include
the following words in the body of the message, ``get form
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, commenters 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 firstclass or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission's contractor,
[[Page 75244]]
Natek, Inc., will receive handdelivered or messengerdelivered paper
filings for the Commission's Secretary at 236 Massachusetts Avenue,
NE., Suite 110, Washington, DC 20002. The filing hours at this location
are 8 a.m. to 7 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes 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
firstclass mail, Express Mail, and Priority Mail should be addressed
to 445 12th Street, SW., Washington, DC 20554. All filings must be sent
to the Commission's Secretary, Marlene H. Dortch, Office of the
Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554.
Parties filing electronic media should be advised that the
Commission released a public notice on August 22, 2003 providing new
guidance for mailing electronic media.\1\ In brief, electronic media
should not be sent through USPS because of the eradiation process USPS
mail must undergo to complete delivery. Hand or messenger delivered
electronic media for the Commission's Secretary should be addressed for
delivery to 236 Massachusetts Avenue, NE., Suite 110, Washington, DC
20002, and other messengerdelivered electronic media should be
addressed for delivery to 9300 East Hampton Drive, Capitol Heights, MD 20743.
\1\ ReminderFiling Locations for Paper Documents and
Instructions for Mailing Electronic Media, Public Notice, DA 032730 (rel. Aug. 22, 2003).
Parties also must send three paper copies of their filing to Sheryl Todd, Telecommunications Access Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street, SW., Room 5B540, Washington, DC 20554. In addition, commenters must send diskette copies to the Commission's copy contractor, Qualex International, Portals II, 445 12th Street, SW., Room CYB402, Washington, DC 20554.
Pursuant to Sec. 1.1206 of the Commission's rules, 47 CFR 1.1206,
this proceeding will be conducted as a permitbutdisclose proceeding
in which ex parte communications are permitted subject to disclosure. Federal Communications Commission.
Eric N. Einhorn,
Chief, Wireline Competition Bureau, Telecommunications Access Policy Division.
[FR Doc. 0331969 Filed 122903; 8:45 am]
BILLING CODE 671201P
FOR FURTHER INFORMATION CONTACT
Karen Franklin, Attorney, Wireline Competition Bureau, Telecommunications Access Policy Division, (202) 4187400, TTY (202) 4180494.