Federal Communications Commission DA 09-494 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service RCC Minnesota, Inc., and RCC Atlantic, Inc. Petition for Designation as an Eligible Telecommunications Carrier in New Hampshire ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 ORDER Adopted: February 26, 2009 Released: February 26, 2009 By the Deputy Chief, Wireline Competition Bureau: 1. In this order, we accept the relinquishment of the eligible telecommunications carrier (ETC) designation of RCC Minnesota, Inc., and RCC Atlantic, Inc. (RCC) in the state of New Hampshire.1 2. On October 7, 2005, the Wireline Competition Bureau granted the request of RCC, a commercial mobile radio service (CMRS) provider, for ETC designation in certain service areas within New Hampshire.2 On May 1, 2008, the Commission amended RCC’s New Hampshire ETC designation to include the Meridian wire center in the study area of Kearsarge Telephone Company.3 RCC states that, on or about July 29, 2007, its parent company, Rural Cellular Company, entered into an Agreement and Plan of Merger with Cellco Partnership d/b/a Verizon Wireless.4 According to RCC, under the terms of the agreement, Verizon Wireless would acquire ownership and control of Rural Cellular Company and its subsidiaries, including RCC Minnesota, Inc. and RCC Atlantic, Inc.5 The sale of RCC to Verizon Wireless closed August 7, 2008.6 On January 14, 2009, RCC filed the instant notice with the Commission indicating its intent to relinquish its ETC designation in New Hampshire.7 1 RCC Minnesota Inc., and RCC Atlantic, Inc., Notice of Relinquishment of Eligible Telecommunications Carrier, CC Docket No. 96-45 (filed Jan. 14, 2009) (RCC Notice). 2 RCC Minnesota Inc., and RCC Atlantic, Inc. Petition for Designation as an Eligible Telecommunications Carrier in New Hampshire, CC Docket No. 96-45, Order, 20 FCC Rcd 15833 (Wireline Comp. Bur. 2005) (RCC Order). 3 See High-Cost Universal Service Support; Federal-State Joint Board on Universal Service, Alltel Communications, Inc., et al. Petitions for Designation as Eligible Telecommunications Carriers, RCC Minnesota, Inc. and RCC Atlantic Inc. New Hampshire ETC Designation Amendment, WC Docket No. 05-337, CC Docket No. 96-45, Order, 23 FCC Rcd 8834, 8937, App. C (2008) (CETC Interim Cap Order). 4 RCC Notice at 2. 5 Id. at 3. 6 Id. 7 Id. at 1-5. Federal Communications Commission DA 09-494 2 3. Pursuant to section 214(e)(4) of the Communications Act of 1934, as amended (the Act), RCC provided notice of its intent to relinquish its ETC designation in New Hampshire.8 RCC demonstrated that multiple carriers are designated as ETCs in RCC’s designated service area in New Hampshire.9 Further, RCC asserts that it will continue providing service to customers within its licensed service area in New Hampshire, but it will do so on a non-ETC basis.10 Finally, RCC indicates that upon approval of its relinquishment, it will provide written notice to each of its current Lifeline customers, advising that RCC will no longer provide discounts as an ETC and that Lifeline discounts may be obtained form one of the remaining ETCs in the area.11 Therefore, RCC is permitted to relinquish its ETC designation in New Hampshire. 4. IT IS ORDERED that, pursuant to the authority contained in section 214(e)(4) of the Communications Act as amended, 47 U.S.C. § 214(e)(4), and the authority delegated in sections 0.91 and 0.291 of the Commission’s Rules, 47 C.F.R. §§ 0.91, 0.291, the ETC designation of RCC Minnesota, Inc, and RCC Atlantic, Inc. IS RELINQUISHED in the state of New Hampshire. 5. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s rules, 47 C.F.R. §1.102(b)(1), this order SHALL BE effective upon release. 6. IT IS FURTHER ODERED that RCC SHALL TRANSMIT a copy of this order to the New Hampshire Public Utilities Commission and the Universal Service Administrative Company. FEDERAL COMMUNICATIONS COMMISSION Julie A. Veach Deputy Chief Wireline Competition Bureau 8 47 U.S.C. § 214(e)(4); RCC Notice at 1. 9 RCC Notice at 3-4. 10 Id. at 4. 11 Id. at 4.