*Pages 1--3 from Microsoft Word - 39986* PUBLIC NOTICE Federal Communications Commission 445 12th St., S. W. Washington, D. C. 20554 News Media Information 202 / 418- 0500 Fax- On- Demand 202 / 418- 2830 TTY 202 / 418- 2555 Internet: http:// www. fcc. gov ftp. fcc. gov DA 04- 2063 THE WIRELINE COMPETITION BUREAU SEEKS COMMENT ON PETITIONS TO REDEFINE CERTAIN RURAL TELEPHONE COMPANY SERVICE AREAS IN WISCONSIN AND MINNESOTA CC Docket No. 96- 45 Release Date: July 8, 2004 Comment Date: July 22, 2004 Reply Comment Date: August 5, 2004 The Wireline Competition Bureau seeks comment on two petitions seeking redefinition of service areas in Wisconsin and Minnesota, filed pursuant to section 54.207( c) of the Commission’s rules. 1 First, on June 30, 2004, CTC Telecom, Inc. (CTC Telecom) filed a petition requesting Federal Communications Commission agreement with the Public Service Commission of Wisconsin’s (Wisconsin Commission) decision to redefine the service area of the rural telephone company, CenturyTel of the Midwest-Wisconsin. 2 Second, on July 2, 2004, Cellular Mobile Systems of St. Cloud, LLC d/ b/ a Cellular 2000 of St. Cloud (Cellular Mobile) filed a petition requesting Federal Communications Commission agreement with the Minnesota Public Utility Commission’s (Minnesota Commission) decision to redefine the service areas of the following rural telephone companies: Citizens Telecommunications Company, Benton Cooperative Telephone Co., Melrose Telephone Co., and Sherburne County Rural Telephone Co. 3 In accordance with section 54.207( c)( 1), CTC Telecom and Cellular Mobile also filed with their respective petitions the service area definitions proposed by the Wisconsin Commission and Minnesota Commission 1 Section 54.207 of the Commission’s rules, which implements section 214( e)( 5) of the Communications Act of 1934, as amended, provides that a rural telephone company’s service area will be its study area “unless and until the Commission and the states, after taking into account the recommendations of a Federal- State Joint Board instituted under section 410( c), establish a different definition of service area for such company.” 47 C. F. R. § 54.207( b). See also 47 U. S. C. § 214( e)( 5). 2 Petition of CTC Telecom, Inc. for Redefinition of the Service Area of CenturyTel of the Midwest- Wisconsin, CC Docket No. 96- 45, filed June 30, 2004 (CTC Telecom Petition). 3 Petition of Cellular Mobile Systems of St. Cloud for FCC Agreement to Redefine the Study Areas of Four Rural Telephone Companies in Minnesota, CC Docket No. 96- 45, filed July 2, 2004 (Cellular Mobile Petition). 1 2 and their rulings presenting their reasons for adopting the proposed redefinitions. 4 This is the Public Notice required by section 54.207( c)( 2). 5 If the Commission initiates a proceeding to consider either the CTC Petition or Cellular Mobile Petition, it must do so within ninety (90) days from the release of this Public Notice. 6 If the Commission does not act on either of these petitions within 90 days of the release of this Public Notice, the definition proposed by the relevant state commission will be deemed approved by the Commission and shall take effect in accordance with state procedures. 7 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 July 22, 2004, and reply comments on or before August 5, 2004. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies. 8 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, U. S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e- mail. To get 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 ." 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. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service 4 See CTC Telecom Petition, Appendix A, Public Service Commission of Wisconsin, Application of CTC Telecom, Inc., for Designation as an Eligible Telecommunications Carrier in Wisconsin, Final Decision, 1455- T1- 101, at 5- 9 (Pub. Serv. Comm’n of Wisconsin Mar. 18, 2004); Cellular Mobile Petition, Exhibit A, Before the Minnesota Public Utilities Commission, Order, Docket No. PT6201/ M- 03- 1618, at 1- 2 (Minnesota Pub. Serv. Comm’n May 6, 2004). A petition seeking redefinition of a rural telephone company’s study area shall contain: (1) the definition proposed by the state commission; and (2) the state commission’s ruling or other official statement presenting the state commission’s reason for adopting its proposed definition, including an analysis that takes into account the recommendations of any Federal- State Joint Board convened to provide recommendations with respect to the definition of a service area served by a rural telephone company. See also Federal- State Joint Board on Universal Service, Report and Order, CC Docket No. 96- 45, 12 FCC Rcd 8776, 8881 (1997) (subseq. history omitted) (Universal Service Order). 5 47 C. F. R. § 54.207( c)( 2). 6 47 C. F. R. § 54.207( c)( 3)( i). 7 See 47 C. F. R. § 54.207( c)( 3)( ii). The Commission delegated its authority to act on petitions to redefine rural telephone company service areas to the Wireline Competition Bureau. 47 C. F. R. § 54.207( e). 8 See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24121 (1998). 2 3 mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Natek, Inc., will receive hand- delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 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 first- class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Marlene H. Dortch, Office of the Secretary, Federal Communications Commission. Parties who choose to file by paper 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, S. W., Room 5- B540, Washington, D. C. 20554. In addition, commenters must send diskette copies to the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II 445 12th Street, Suite CY- B402, Washington, DC 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 Thomas Buckley, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418- 7400, TTY (202) 418- 0484. 3