*Pages 1--2 from Microsoft Word - 4296.doc* PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S. W. WASHINGTON, D. C. 20554 DA 00- 2349 News media information 202/ 418- 0500 Fax- On- Demand 202/ 418- 2830 Internet: http:// www. fcc. gov ftp. fcc. gov ALL WEST COMMUNICATIONS, INC., CARBON/ EMERY TELCOM, INC., CENTRAL UTAH TELEPHONE, INC., HANKSVILLE TELCOM, INC., MANTI TELEPHONE COMPANY, SKYLINE TELECOM, UBET TELECOM, INC. AND QWEST CORPORATION SEEK A WAIVER OF THE DEFINITION OF "STUDY AREA" IN PART 36 AND SECTIONS 61.41( C), 69.3( E)( 11), AND 69.605( C) OF THE COMMISSION'S RULES PLEADING CYCLE ESTABLISHED CC Docket No. 96- 45 Release Date: October 18, 2000 Comment Date: November 2, 2000 Reply Comment Date: November 13, 2000 On October 6, 2000, All West Communications, Inc., Carbon/ Emery Telcom, Inc. (Carbon/ Emery), Central Utah Telephone, Inc., Hanksville Telcom, Inc. (Hanksville), Manti Telephone Company (Manti), Skyline Telecom (Skyline), UBET Telecom, Inc. (UBET), (collectively, acquiring companies) and Qwest Corporation (Qwest) filed a joint petition for waiver of the definition of "study area" as set forth in Part 36 of the Commission's rules. That definition constitutes a rule freezing all study area boundaries. The requested waivers would allow Qwest to alter the boundaries of its existing Utah study area to remove twelve exchanges (35,600 access lines that it is transferring to the acquiring companies. The waiver would also allow the acquiring companies to add the purchased exchanges to their existing Utah study areas. 1 The petitioners submitted an Order from the Utah State Commission indicating that it has no objection to the changes in the study area boundaries. The acquiring companies, with the exception of Skyline and Manti, also seek waiver of section 61.41( c) of the Commission's price cap rules, 47 C. F. R. § 61.41, to exempt them from the price cap "all or nothing" rule. Section 61. 41( c) requires non- price cap companies, and the telephone companies with which they are affiliated, to become subject to price cap regulation after acquiring a price cap company or any part thereof. The requested waiver would permit the acquiring companies, with the exception of Skyline and Manti, to continue operating under rate- of- return 1 Carbon/ Emery, Hanksville, and UBET are newly- formed, wholly- owned subsidiaries of existing, small local exchange companies operating in rural areas of Utah which seek to add the exchanges being acquired by the listed subsidiaries to the parents’ existing study areas. 1 2 regulation after acquiring the Qwest exchanges that are currently under price cap regulation. Skyline and Manti request a waiver of section 69.605 of the Commission’s rules, 47 C. F. R. § 69.605, so that they may continue to operate as average schedule companies with the acquired exchanges. Section 69.605 defines an “average schedule company” as a telephone company that was participating in average schedule settlements on December 1, 1982. Finally, to the extent required by section 69.3( g)( 11), the acquiring companies seek waiver of section 69.3( e)( 11) of the Commission’s rules, 47 C. F. R. § 69.3( e)( 11), to utilize the National Exchange Carrier Association as their interstate tariff administrator. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 C. F. R. §§ 1.415, 1.419, interested parties may file comments on or before November 2, 2000, and reply comments on or before November 13, 2000. 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 Fed. Reg. 24,121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to . 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, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit electronic comments by Internet e- mail. To receive filing instructions for e- mail comments, commenters should send an e-mail to ecfs@ fcc. gov, and should include the following words in the body of the message, "get form