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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  445  12th  STREET,  S.  W.  WASHINGTON,  D.  C.  20554  DA  01-  2838 
 News  media  information  202/  418-  0500  Fax-  On-  Demand  202/  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 PALAU  NATIONAL  COMMUNICATIONS  CORPORATION  SEEKS  A 
 DECLARATORY  RULING  AND  WAIVER  OF  CERTAIN  PROVISION  OF  PARTS  36, 
 54,  AND  69  OF  THE  COMMISSION'S  RULES 


 PLEADING  CYCLE  ESTABLISHED 
 CC  Docket  No.  96-  45 
 Release  Date:  December  6,  2001 
 Comment  Date:  January  7,  2002 
 Reply  Comment  Date:  January  22,  2002 


 On  November  16,  2001,  Palau  National  Communications  Corporation  (PNCC)  petitioned 
 the  Federal  Communications  Commission  (FCC  or  Commission)  for  a  declaratory  ruling  that 
 PNCC  is  subject  to  FCC  jurisdiction  and  therefore  is  eligible  to  participate  in  the  federal  universal 
 service  support  programs  and  the  National  Exchange  Carrier  Association.  PNCC  also  petitions 
 for  related  waivers  and  international  section  214  authority. 


 In  particular,  PNCC  requests  a  declaratory  ruling  that  the  Compact  of  Free  Association 
 between  the  United  States  and  the  Government  of  Palau  (Palau  Compact)  gives  the  FCC 
 jurisdiction  over  PNCC's  common  carrier  operations  in  Palau.  Accordingly,  PNCC  states  that  it  is 
 eligible  to  receive  high-  cost  universal  service  support  pursuant  to  section  254  of  the 
 Communications  Act  of  1934,  as  amended  (Act).  PNCC  also  requests  waivers  of:  1)  the 
 definition  of  "incumbent  local  exchange  carrier,"  as  that  term  is  used  in  certain  provisions  in  Parts 
 36,  54,  and  69  of  the  Commission's  rules;  2)  sections  36.611  and  36.612  of  the  Commission's 
 rules  to  enable  PNCC  to  receive  high-  cost  loop  support  based  on  estimated  costs;  3)  the  definition 
 of  "study  area"  in  Part  36  Appendix-  Glossary  of  the  Commission’s  rules;  and  4)  any  other  rules 
 that  may  be  necessary  to  enable  PNCC  to  receive  support  under  the  high-  cost  universal  service 
 support  mechanism.  If  the  Commission  grants  these  requests,  PNCC  further  requests  authority 
 under  section  214  of  the  Act  to  provide  resold  international  switched  telecommunication  services 
 on  all  international  routes. 


 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  January  7,  2002,  and  reply  comments 
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 on  or  before  January  22,  2002.  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  <http://  www.  fcc.  gov/  e-  file/  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,  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  <your  e-  mail  address>."  A  sample  form  and  directions  will  be  sent  in  reply.  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.  All  filings  must  be  sent 
 to  the  Commission's  Secretary,  Magalie  Roman  Salas,  Office  of  the  Secretary,  Federal 
 Communications  Commission,  445  12th  Street,  S.  W.,  Washington,  D.  C.  20554. 


 Parties  also  must  send  three  paper  copies  of  their  filing  to  Sheryl  Todd,  Accounting  Policy 
 Division,  Common  Carrier  Bureau,  Federal  Communications  Commission,  445  Twelfth  Street 
 S.  W.,  Room  5-  A422,  Washington,  D.  C.  20554.  In  addition,  commenters  must  send  diskette 
 copies  to  the  Commission's  copy  contractor,  Qualex  International,  Portals  II,  445Twelfth  Street, 
 S.  W.,  Room  CY-  B402,  Washington,  D.  C.  20554. 


 Pursuant  to  section  1.1206  of  the  Commission's  rules,  47  C.  F.  R.  §  1.1206,  this  proceeding 
 will  be  conducted  as  a  permit-  but-  disclose  proceeding  in  which  ex  parte  communications  are 
 permitted  subject  to  disclosure. 


 For  further  information,  contact  the  Accounting  Policy  Division,  Common  Carrier  Bureau 
 at  (202)  418-  7400,  TTY  (202)  418-  0484. 
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