Federal Communications Commission DA 10-1601
Before the
Federal Communications Commission
Washington, D.C.  20554
In the Matter of
Telecommunications Carriers Eligible for 
Universal Service Support
Standing Rock Telecommunications, Inc.
Petition for Designation as an Eligible 
Telecommunications Carrier
Petition of Standing Rock Telecommunications, 
Inc. to Redefine Rural Service Areas
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WC Docket 09-197
MEMORANDUM OPINION AND ORDER
Adopted:  August 24, 2010 Released:  August 24, 2010
By the Chief, Wireline Competition Bureau:
I. INTRODUCTION
1. In this order, we designate Standing Rock Telecommunications, Inc. (Standing Rock), a 
wireless carrier owned and operated by the Standing Rock Sioux Tribe, as an eligible telecommunications 
carrier (ETC) in certain wire centers within the boundaries of the Standing Rock Sioux Reservation 
(Standing Rock Reservation or Reservation).  This action will enable Standing Rock to qualify to receive 
both high-cost and low-income universal service support.  The company seeks to bring wireless service to 
the very sparsely populated Standing Rock Reservation, which straddles the border of North Dakota and 
South Dakota, and to provide consumers living on the Reservation with choices that are not widely 
available today.
2. The Commission shares a historic federal trust relationship with federally recognized 
Tribes and has a longstanding policy of promoting Tribal self-sufficiency and economic development and 
of helping ensure that Tribes have adequate access to communications services.1 Tribal governments play 
a vital role in serving the needs and interests of their local communities, often in remote, low-income, and 
underserved regions of the country.  Owning and operating critical communications infrastructure will 
empower the Standing Rock Sioux Tribe to protect the health and safety of Tribal consumers, to spur 
local economic development, to preserve Tribal language and culture, and to further the education of 
consumers through federal distance education programs.  We conclude, therefore, that designating 
Standing Rock as an ETC furthers the goals of universal service and will serve the public interest by 
enabling Standing Rock to provide critically needed services tailored to the needs and interests of the 
Tribe’s local communities.
  
1 Statement of Policy on Establishing a Government-to-Government Relationship with Indian Tribes, Policy 
Statement, 16 FCC Rcd 4078, 4080–81 (2000) (Tribal Policy Statement).
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II. BACKGROUND
A. Jurisdiction to Designate ETCs on Tribal Lands
3. The Communications Act of 1934, as amended (Act), seeks to ensure that low-income 
consumers and those in rural, insular, and high-cost areas, have access to services that are reasonably 
comparable to those enjoyed by urban consumers at reasonably comparable rates.2 A telecommunications 
carrier must be designated as an ETC and must offer services throughout its entire service area in order to 
receive universal service support.3 Although state commissions have primary responsibility for 
designating ETCs,4 that responsibility shifts to the Commission for carriers “providing telephone 
exchange service and exchange access that is not subject to the jurisdiction of a State commission.”5
4. The Commission has established a framework for determining whether a state 
commission or the Commission itself has jurisdiction to designate ETCs on Tribal lands.6 First, a carrier 
serving Tribal lands must petition the Commission for a determination on whether the state has 
jurisdiction over the carrier.7 The Commission then determines whether the carrier is subject to the 
jurisdiction of a state commission or whether it is subject to a Tribal authority given the Tribal interests 
involved.  In the latter case, the Commission has jurisdiction to designate the carrier as an ETC8 and will 
proceed to consider the merits of the carrier’s petition for designation.9
B. Commission Rules for ETC Designation and Redefinition of Service Areas
5. ETC Designation.  Pursuant to the Act, the Commission may, with respect to an area 
served by a rural telephone company,10 and shall, in all other cases, designate more than one common 
  
2 47 U.S.C. § 254(b)(3).
3 47 U.S.C. § 254(e) (stating that only an ETC is “eligible to receive specific Federal universal service support”).
4 47 U.S.C. § 214(e)(2); see Federal-State Joint Board on Universal Service; Promoting Deployment and 
Subscribership in Unserved and Underserved Areas, Including Tribal and Insular Areas; Smith Bagley, Inc., 
Cheyenne River Sioux Tribe Telephone Authority, Western Wireless Corporation, Wyoming, Cellco Partnership 
d/b/a/ Bell Atlantic Mobile, Inc., Petitions for Designation as an Eligible Telecommunications Carrier and for 
Related Waivers to Provide Universal Service, CC Docket No. 96-45, Twelfth Report and Order, Memorandum 
Opinion and Order, and Further Notice of Proposed Rulemaking, 15 FCC Rcd 12208, 12255, para. 93 (2000) 
(Twelfth Report and Order), recon. by Promoting Deployment and Subscribership in Unserved and Underserved 
Areas, Including Tribal and Insular Areas, CC Docket No. 96-45, Twenty-Fifth Order on Reconsideration, Report 
and Order, Order, and Further Notice of Proposed Rulemaking, 18 FCC Rcd 10958 (2003) (Tribal Recon. Order).
5 47 U.S.C. § 214(e)(6); see, e.g., Virginia Cellular, LLC Petition for Designation as an Eligible 
Telecommunications Carrier for the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and 
Order, 19 FCC Rcd 1563 (2004) (Virginia Cellular Order); Highland Cellular, Inc. Petition for Designation as an 
Eligible Telecommunications Carrier for the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum 
Opinion and Order, 19 FCC Rcd 6422 (2004) (Highland Cellular Order).
6 Twelfth Report and Order, 15 FCC Rcd at 12265–69, paras. 115–27; Tribal Recon. Order, 18 FCC Rcd at 10964 
n.28.
7 Twelfth Report and Order, 15 FCC Rcd at 12265–69, paras. 115–27.
8 Id. at 12266–12267, paras. 120–22.
9 Id. at 12265, para. 115.
10 Section 3 of the Act defines a rural telephone company as a local exchange carrier operating entity to the extent 
that such entity:
(A) provides common carrier service to any local exchange carrier study area that does not include either—
(i) any incorporated place of 10,000 inhabitants or more, or any part thereof, based on the most recently 
available population statistics of the Bureau of the Census; or
(continued . . .)
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carrier as an ETC for a service area so long as the requesting carrier meets certain requirements.11 In 
addition, the Commission must determine that a designation is in the public interest before designating a 
competitive ETC in an area served by a rural telephone company.12
6. A carrier seeking designation from the Commission must: (1) certify and briefly state 
facts demonstrating that it is not subject to the jurisdiction of a state commission; (2) certify that it offers 
or intends to offer all services designated for support by the Commission; (3) certify that it offers or 
intends to offer the supported services using either its own facilities or a combination of its own facilities 
and resale of another carrier’s services throughout its proposed service area; (4) describe how it will 
advertise the availability of supported services and the charges therefor using media of general 
distribution; and (5) describe in detail the geographic service area for which it requests designation if the 
carrier is not a rural telephone company.13 In addition, such a carrier must demonstrate: (6) a 
commitment and ability to provide services, including providing service to all customers within its 
proposed service area; (7) how it will remain functional in emergency situations; (8) that it will satisfy 
consumer protection and service quality standards; (9) that it offers local usage comparable to that offered 
by the incumbent local exchange carrier (LEC); and (10) an understanding that it may be required to 
provide equal access if all other ETCs in the designated service area relinquish their designations pursuant 
to section 214(e)(4) of the Act.14 The Commission has delegated authority to the Chief of the Wireline 
Competition Bureau to act on the Commission’s behalf on these matters.15
7. Redefinition of Service Areas.  The Act defines each rural telephone company’s service 
area as the company’s entire study area, unless that service area is redefined.16 In order for a competitive 
ETC to serve only part of a rural telephone company’s service area, the Act requires that the Commission 
and the appropriate state commission agree to redefine the rural telephone company’s service area as one 
(. . . continued from previous page)    
(ii) any territory, incorporated or unincorporated, included in any urbanized area, as defined by the Bureau 
of the Census as of August 10, 1993;
(B) provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;
(C) provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access 
lines; or
(D) has less than 15 percent of its access lines in communities of more than 50,000 on February 8, 1996.
47 U.S.C. § 153(37).
11 47 U.S.C. § 214(e)(6).  For example, all ETCs must offer and advertise the services supported by the federal 
universal service mechanisms throughout their designated service areas.  47 U.S.C. § 214(e)(1).
12 47 U.S.C. § 214(e)(6); 47 C.F.R. § 54.202(c).
13 See Procedures for FCC Designation of Eligible Telecommunications Carriers Pursuant to Section 214(e)(6) of 
the Communications Act, CC Docket No. 96-45, Public Notice, 12 FCC Rcd 22947, 22948–49 (1997) (Section 
214(e)(6) Public Notice); see also Federal-State Joint Board on Universal Service; Western Wireless Corporation 
Petition for Preemption of an Order of the South Dakota Public Utilities Commission, Declaratory Ruling, CC 
Docket No. 96-45, 15 FCC Rcd 15168 (2000) (Declaratory Ruling), recon. pending.
14 47 C.F.R. § 54.202(a).
15 See Section 214(e)(6) Public Notice, 12 FCC Rcd at 22948.  The Wireline Competition Bureau previously was 
known as the Common Carrier Bureau.
16 See 47 U.S.C. § 214(e)(5); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and 
Order, 12 FCC Rcd 8776, 8880–81, paras. 186–88 (1997) (Universal Service First Report and Order) (subsequent 
history omitted).
Federal Communications Commission DA 10-1601
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or more service areas.17 In contrast, no redefinition is needed for a competitive ETC to serve only part of 
a non-rural carrier’s service area.18
8. The Commission’s rules set forth the procedures for considering petitions seeking to 
redefine a rural telephone company’s service area.  There are two options available under the rules.  First, 
if a state commission has proposed to redefine a rural telephone company’s service area, that commission 
or any interested party may submit the proposed redefinition to the Commission for its approval.19 After 
the Commission seeks comment on the proposed redefinition, it evaluates the proposed redefinition and 
determines whether it should initiate a proceeding.  If the Commission has not initiated a proceeding 
within 90 days of seeking comment on the proposed redefinition, the redefinition is deemed approved by 
operation of law.20 In the alternative, the Commission may initiate a proceeding to consider redefining a 
rural telephone company’s service area before a state commission has proposed a redefinition.21 If the 
Commission proposes to redefine a rural telephone company’s service area, it then submits its proposed 
redefinition to the appropriate state commission for approval.22 In either case, a proposed redefinition 
does not take effect until the Commission and the appropriate state commission agree on a single 
redefinition.23 The Commission has delegated authority to the Chief of the Wireline Competition Bureau 
to act on redefinition petitions.24
9. In evaluating the merits of a proposed redefinition, the Commission focuses primarily on 
minimizing creamskimming25 and assessing the impact of any redefinition on the ability of the affected 
rural incumbent LEC to continue to serve its entire service area.26 As part of its public interest analysis, 
the Commission requires that proposed service areas encompass a minimum geographical area and favors 
redefinition if it will promote universal service goals.27
  
17 See 47 U.S.C. § 214(e)(5); Universal Service First Report and Order, 12 FCC Rcd at 8880–81, paras. 186–88; see 
also id. at 8881, para. 187 (“[T]he plain language of section 214(e)(5) dictates that neither the Commission nor the 
states may act alone to alter the definition of service areas served by rural carriers.”).
18 See 47 U.S.C. § 214(e)(5); Universal Service First Report and Order, 12 FCC Rcd at 8880–81, paras. 186–88.
19 47 C.F.R. § 54.207(c)(1).
20 47 C.F.R. § 54.207(c)(3).
21 47 C.F.R. § 54.207(d).
22 47 C.F.R. § 54.207(d)(1).
23 47 C.F.R. §§ 54.207(c)(3)(i), 54.207(d)(2).
24 47 C.F.R. § 54.207(e).
25 A carrier “creamskims” when it serves only those customers that are least expensive to serve.  See Universal 
Service First Report and Order, 12 FCC Rcd at 8881–82, para. 189.
26 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 20 FCC Rcd 6371, 
6392, 6404, paras. 48, 74 (2005) (ETC Designation Order), recon. pending.  The Commission (and the state 
commissions) must take into account the recommendations of the Federal-State Joint Board on Universal Service.  
47 U.S.C. § 214(e)(5); see Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Recommended 
Decision, 12 FCC Rcd 87, 179–80, paras. 172–74 (1996) (considering the potential for creamskimming by 
competitive ETCs, the Act’s concern for maintaining service in areas served by rural telephone companies, and the 
administrative burdens any redefinition would impose on those carriers).
27 Highland Cellular Order, 19 FCC Rcd at 6438, para. 33.  To date, the Commission has required that service areas 
include entire wire centers of the rural telephone company.  See ETC Designation Order, 20 FCC Rcd at 6405, para. 
77.
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C. Standing Rock’s Petitions
10. Standing Rock sets forth the following in its petitions.  Standing Rock is a Tribally-
owned commercial mobile radio service (CMRS) provider operating within the boundaries of the 
Standing Rock Reservation.28 The Reservation encompasses territory located in both North Dakota and 
South Dakota.29 Standing Rock is licensed to provide personal communications service throughout the 
Reservation, and its licensed service area covers parts of the service areas of the following incumbent 
rural telephone companies operating within the boundaries of the Reservation: Cheyenne River Sioux 
Tribe Telephone Authority (Cheyenne River), West River Cooperative Telephone Company (West River 
Cooperative), West River Telecommunications of Mobridge (West River of Mobridge), and West River 
Telecommunications (West River).30 Standing Rock’s licensed service area also includes part of the 
study area of Qwest Communications (Qwest), a non-rural telephone company operating within the 
boundaries of the Reservation.31
11. On December 18, 2009, Standing Rock filed a petition seeking ETC designation for a 
service area consisting of the entire Reservation.32 Standing Rock contends that the Commission has 
jurisdiction because neither the North Dakota Commission nor the South Dakota Commission has 
jurisdiction over a Tribally-owned wireless carrier providing service within reservation boundaries.33
12. Concurrent with filing its petition with the Commission, Standing Rock began working 
with the North Dakota Public Service Commission (North Dakota Commission) and the South Dakota 
Public Utilities Commission (South Dakota Commission) to redefine the service areas of the rural 
telephone companies serving the Reservation.34 On February 18, 2010, Standing Rock filed a petition 
with the Commission to redefine the service areas of several rural telephone companies—Cheyenne 
River, West River Cooperative, West River of Mobridge, and West River.35 Standing Rock asserts that 
the Commission has the authority to redefine these rural service areas,36 and argues that doing so 
comports with federal law, policy, and precedent.37
III. DISCUSSION
13. We conclude that we may, and should, exercise our jurisdiction to consider Standing 
Rock’s petition for ETC designation.  In reviewing that petition, we find that Standing Rock has satisfied 
the Commission’s requirements and accordingly designate Standing Rock as an ETC in the wire centers 
  
28 Petition of Standing Rock Telecommunications, Inc. for Designation as an Eligible Telecommunications Carrier, 
WC Docket No. 09-197, at 5–6 (filed Dec. 18, 2009) (Standing Rock ETC Petition).
29 Standing Rock ETC Petition at 3, 5–6 and Exh. VIII.
30 Standing Rock ETC Petition at 17.
31 Id.
32 See Standing Rock ETC Petition at 5.
33 Id. at 6.
34 Id. at 3.
35 Petition of Standing Rock Telecommunications, Inc. to Redefine Rural Service Areas, WC Docket No. 09-197, at 
2, Exh. 1 (filed Feb. 18, 2010) (Standing Rock Redefinition Petition).  Standing Rock also requested that we 
redefine Qwest’s service area, but the company later withdrew that request, recognizing that Qwest is not a rural 
telephone company and thus redefinition is not required.  See Letter from Douglas G. Bonner, Counsel for Standing 
Rock Telecommunications, Inc., to Marlene H. Dortch, Secretary, FCC, WC Docket No. 09-197, at 1 (filed May 14, 
2010).
36 Standing Rock Redefinition Petition at 5.
37 Id. at 5–10.
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listed in Appendix B, rendering the company eligible to receive federal universal service support.  In 
addition, we grant Standing Rock’s request to redefine the service area of West River to the extent that 
such redefinition would encompass entire wire centers that West River serves.  Consistent with 
Commission rules, Standing Rock’s designation in the three rural telephone company wire centers is 
conditioned on the consent of the North Dakota Commission to redefinition of West River’s service 
area.38 To the extent that Standing Rock seeks to serve and redefine rural service areas below the wire-
center level, we refer that issue to the full Commission for further consideration.
A. Jurisdiction
14. Consistent with the framework established in the Twelfth Report and Order, Standing 
Rock filed its petition with the Commission and simultaneously served copies on the North Dakota 
Commission and the South Dakota Commission.39 Neither state commission contested the authority of 
the Commission to consider Standing Rock’s ETC designation petition.40 We conclude that the North 
Dakota and South Dakota Commissions lack jurisdiction to consider Standing Rock’s ETC designation 
petition, and therefore that the Commission may consider that petition on the merits.
B. Designating Standing Rock an ETC
15. Having determined that we have jurisdiction over the Standing Rock petition, we now 
examine whether Standing Rock satisfies the requirements of section 214 of the Act for the requested 
service areas on the Reservation.  As discussed in further detail below, we find that Standing Rock meets 
the requirements of sections 214(e)(1) and 214(e)(6) of the Act.
1. Offering and Advertising the Supported Services
16. We conclude that Standing Rock has demonstrated through its filing and certifications 
that it now offers, or will offer upon obtaining designation as an ETC, the services supported by the 
federal universal service support mechanisms.  Specifically, Standing Rock certifies that it now provides, 
or will provide upon designation, the services and functionalities enumerated in section 54.101(a) of the 
Commission’s rules throughout the entirety of its designated service area.41 In addition, Standing Rock 
has demonstrated that it will offer throughout its service area supported services using its existing 
network infrastructure or a combination of its own facilities and resale of another carrier’s services in 
compliance with section 214(e)(1)(A) of the Act.42
17. Moreover, Standing Rock has demonstrated that it will satisfy the requirement of section 
214(e)(1)(B) of the Act by advertising the availability of supported services and related charges using 
media of general distribution, including local and Tribal newspapers, electronic newsletters, billing
inserts, public exhibits, via the Internet on the company’s website, and in Tribal offices and public 
benefits offices.43 Standing Rock further maintains that it will publicize the availability of supported 
services to reach all of the residents in its service area and will ensure that customers are aware of the 
  
38 See 47 C.F.R. § 54.207(d).
39 See Standing Rock ETC Petition, Certificate of Service.
40 In fact, the South Dakota Commission specifically requested that the Commission review Standing Rock’s 
petition on the merits.  South Dakota Commission Comments at 2.
41 Standing Rock ETC Petition at 11–14; see 47 C.F.R. § 54.101.
42 Standing Rock ETC Petition at 15 and Exh. III; see 47 U.S.C. § 214(e)(1)(A); 47 C.F.R. § 54.201(d)(1).
43 Standing Rock ETC Petition at 15–16; see 47 U.S.C. § 214(e)(1)(B); 47 C.F.R. § 54.201(d)(2).
Federal Communications Commission DA 10-1601
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availability of the supported services, particularly the Lifeline and Link Up support available to eligible 
low-income consumers.44
2. Additional Obligations of Federally Designated ETCs
18. We find that Standing Rock also has agreed to satisfy additional obligations that the 
Commission requires before designating a carrier as an ETC.  That is, Standing Rock has committed to 
providing service to any requesting customers within its designated service area,45 has submitted a five-
year plan detailing proposed improvements to its network,46 and has demonstrated its ability to remain 
functional in emergency situations.47 Standing Rock also has committed to complying with consumer 
protection and service quality standards, as well as with the CTIA Consumer Code for Wireless Service;48
has committed to offer local usage plans among its universal service offerings;49 and has acknowledged 
that it may be required to provide consumers with equal access to long-distance carriers.50
3. Public Interest Analysis
19. We conclude that it is consistent with the public interest, convenience, and necessity to 
designate Standing Rock as an ETC in the areas set forth below.51 We conclude that Standing Rock has 
satisfied its burden of proof in establishing that its universal service offering in this service area will 
benefit rural and Tribal consumers and is in the public interest.52
20. We find that Standing Rock’s universal service offering will provide a variety of benefits 
to consumers, including increased consumer choice and improved quality of service.  For example, 
universal service support will enable Standing Rock to construct facilities and provide wireless services 
that may not otherwise exist on the Reservation.53 Moreover, the mobility of Standing Rock’s wireless 
service will provide additional benefits to consumers on the Reservation.54 For example, access to 
wireless service will mitigate the health and safety risks associated with living and working in a remote 
and rural location, where consumers must often drive significant distances for work, school, medical 
attention, or other needs.55 Access to wireless communications services will also assist the Tribal Council 
and law enforcement to ensure public safety during severe weather conditions or natural disasters.56  
  
44 Standing Rock ETC Petition at 16; see 47 C.F.R. §§ 54.405(b), 54.411(d).
45 Standing Rock ETC Petition at 19; see 47 C.F.R. § 54.202(a)(1)(i).
46 Standing Rock ETC Petition Exhs. VIII, XI (confidential); see 47 C.F.R. § 54.202(a)(1)(ii).
47 Standing Rock ETC Petition at 22–23; see 47 C.F.R. § 54.202(a)(2).
48 Id. at 23 (citing CTIA, Consumer Code for Wireless Service, available at
http://files.ctia.org/pdf/ConsumerCode.pdf); see 47 C.F.R. § 54.202(a)(3).
49 Standing Rock ETC Petition at 13, 23; see 47 C.F.R. § 54.202(a)(4).
50 Standing Rock ETC Petition at 23; see 47 C.F.R. § 54.202(a)(5).
51 See infra para. 25.  For the reasons described below, see infra para. 29, at this time we do not designate Standing 
Rock an ETC in the wire centers listed in Appendix C.
52 See Virginia Cellular, 19 FCC Rcd at 1574–75, para. 26; Highland Cellular, 19 FCC Rcd at 6431, para. 20.  In 
determining whether the public interest is served in an ETC petition, the Commission places the burden on the ETC 
applicant.  ETC Designation Order, 20 FCC Rcd at 6390, para. 44.
53 See Standing Rock ETC Petition at 18–20.
54 Id. at 20.
55 Id.
56 Letter from Heather Dawn Thompson, Counsel, Standing Rock Telecommunications, Inc. to Marlene H. Dortch, 
Secretary, FCC, at 2 (filed July 19, 2010) (Standing Rock July 19 Ex Parte Letter).
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Standing Rock will also provide all of its customers with access to emergency services that are vital to 
those living in remote rural communities.57
21. The Commission has previously recognized that Tribal areas often experience 
particularly low levels of subscribership because of the very high cost of service, inadequate 
telecommunications infrastructure, and a lack of competitive service providers.58 As a Tribally-owned 
company, we believe that Standing Rock may be particularly well-suited to reaching out to low-income 
consumers and other residents of the Reservation and could provide an additional option for the provision 
of telecommunications services.
22. Finally, Standing Rock has requested to serve the entire Reservation and thus we find that 
creamskimming is not a significant concern here.59 Although we designate Standing Rock as an ETC in 
three wire centers served by West River, a rural telephone company, we note that West River has 
disaggregated and targeted its high-cost support, which minimizes creamskimming concerns.60  
Moreover, Standing Rock has sought only to serve areas within the Reservation, an area where an average 
of only 2.7 persons reside per square mile.61 This fact further bolsters our belief that creamskimming is 
not a concern in this instance.
23. We also waive the requirement that Standing Rock provide the wire center by wire center 
population density of its proposed service area.62 Standing Rock has provided us with equivalent 
information in its filings.63 Moreover, because strict compliance with the requirement would be 
  
57 See id.; ETC Designation Order, 20 FCC Rcd at 6391, para. 44; see also Twelfth Report and Order, 15 FCC Rcd 
at 12212, para. 3. 
58 Twelfth Report and Order, 15 FCC Rcd at 12220, para. 20.  See also Federal Communications Commission, 
Connecting America: The National Broadband Plan at 152 (rel. Mar. 16, 2010) (NBP or National Broadband Plan, 
available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-296935A1.pdf (stating that “[m]any Tribal 
communities face significant obstacles to the deployment of broadband infrastructure”).
59 See supra n.25. We must perform a creamskimming analysis because Standing Rock’s proposed service area 
differs from the service areas of Cheyenne River Sioux, West River Cooperative, West River of Mobridge, and West 
River.  See 47 C.F.R. § 54.202(c).
60 See 47 C.F.R. § 54.202(c) (“In its creamskimming analysis, the Commission shall consider other factors, such as 
disaggregation of support pursuant to § 54.315 by the incumbent local exchange carrier.”); 47 C.F.R. § 54.315 
(authorizing rural local exchange carriers to disaggregate and target high cost support at or below the wire center 
level); USAC, Disaggregation Map Search, http://www.usac.org/hc/tools/disaggregation-maps/default.aspx (search 
for study area code 381637) (displaying West River’s disaggregation maps for the Fort Yates, McLaughlin, and 
Selfridge wire centers).
61 See Standing Rock Redefinition Petition at 8.  Because some areas may be so sparsely populated and costly to 
serve that few, if any, carriers would build out their networks to those areas absent universal service support, the 
likelihood that a carrier could creamskim by serving those areas is lessened.  Cf. Highland Cellular Order, 19 FCC 
Rcd at 6438, para. 33.
62 See 47 C.F.R. § 54.202(c).  The Commission may waive any provision of its rules for good cause shown.  47 
C.F.R. § 1.3.  The Commission may exercise its discretion to waive a rule where the particular facts make strict 
compliance inconsistent with the public interest.  Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 
(D.C. Cir. 1990) (Northeast Cellular).  In addition, the Commission may take into account considerations of 
hardship, equity, or more effective implementation of overall policy on an individual basis.  WAIT Radio v. FCC, 
418 F.2d 1153, 1157 (D.C. Cir. 1969), affirmed by WAIT Radio v. FCC, 459 F.2d 1203 (D.C. Cir. 1972); Northeast 
Cellular, 897 F.2d at 1166.  In sum, waiver of the Commission’s rules is appropriate if special circumstances 
warrant a deviation from the general rule, and such deviation will better serve the public interest than strict 
adherence to the general rule.  Northeast Cellular, 897 F.2d at 1166. Accord NetworkIP, LLC v. FCC, 548 F.3d 116, 
127 (D.C. Cir. 2008).
63 See Standing Rock ETC Petition at Exh. VIII.
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extremely costly to Standing Rock and would provide little, if any, additional information, we believe that 
enforcing this rule would be unduly harsh in the unique circumstances of this case.
24. For all of these reasons, we find that designating Standing Rock as an ETC is in the 
public interest.
4. Designated Service Area
25. Based on the record before us, we define Standing Rock’s service area to consist of the 
McIntosh and Morristown wire centers within Qwest’s service area; the portion of Qwest’s Timberlake 
wire center within the Reservation’s boundaries;64 and the Fort Yates, McLaughlin, and Selfridge wire 
centers within West River’s service area.  The definition of Standing Rock’s service area is conditioned 
on the consent of the North Dakota Commission to redefine the service area of West River, a rural 
telephone company.  As articulated above, we believe that the public interest will be served by the 
designation of Standing Rock throughout these wire centers.
26. We propose to redefine West River’s service area at the wire center level.65 As discussed 
above, we do not believe that creamskimming is a significant concern because West River’s territory is 
very sparsely populated and because the company has chosen to disaggregate and target its high cost 
support pursuant to Commission rules.66 Furthermore, redefining West River’s service area at the wire 
center level should pose minimal administrative burdens and there is no evidence in the record that the 
redefinition would undermine West River’s ability to continue to serve its rural customers.67
27. In accordance with our rules, we will submit this order to the North Dakota Commission 
and request that the state commission treat it as a petition to redefine West River’s service area.68  
Standing Rock’s ETC designation in the Fort Yates, Selfridge, and McLaughlin wire centers, all of which 
fall within West River’s service area, is subject to the North Dakota Commission’s review and agreement 
with the redefinition proposed herein.  We note that the state commission is uniquely qualified to examine 
the proposed redefinition because of its familiarity with the rural telephone company’s service area in 
question.  Upon the effective date of the agreement of the North Dakota Commission with our 
redefinition of West River’s service area, our designation of Standing Rock as an ETC in the Fort Yates, 
McLaughlin, and Selfridge wire centers shall also take effect.69 In all other areas for which this order 
designates Standing Rock an ETC, such designation is effective immediately.  If the North Dakota 
Commission determines that it does not agree with the redefinition proposed herein, we will reexamine 
Standing Rock’s petition with regard to redefining West River’s service area.
  
64 In the Highland Cellular Order, the Commission held that “a rural telephone company’s wire center is an 
appropriate minimum geographic area for ETC designation,” 19 FCC Rcd at 6438, para. 33, but it has not imposed a 
similar requirement on non-rural companies’ service areas.  In fact, the Commission has specifically encouraged 
state commissions to establish non-rural company service areas that better promote competition between competitive 
ETCs and non-rural incumbents.  See Universal Service First Report and Order, 12 FCC Rcd at 8879, para. 184.
65 We propose to redefine each wire center in West River’s study area as a separate service area.  
66 See USAC, Disaggregation Map Search, http://www.usac.org/hc/tools/disaggregation-maps/default.aspx (search 
for study area code 381637) (displaying West River’s disaggregation maps for the Fort Yates, McLaughlin, and 
Selfridge wire centers).
67 See, e.g., Federal-State Joint Board on Universal Service; North Carolina RSA 3 Cellular Telephone Company 
Petition for Designation as an Eligible Telecommunications Carrier in the State of North Carolina, CC Docket No. 
96-45, Order, 21 FCC Rcd 9151, 9158–59, paras. 25–27 (Wireline Comp. Bur. 2006).
68 See 47 C.F.R. § 54.207(d)(1).
69 See 47 C.F.R. § 54.207(d)(2).  We reiterate that Standing Rock’s designation is effective in the wire centers within 
West River’s service area (i.e., the Fort Yates, McLaughlin, and Selfridge wire centers) if and when the North 
Dakota Commission agrees with our redefinition.
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28. We do not agree with Standing Rock’s assertion that redefinition is unnecessary here or 
that the Commission alone can redefine the service areas of the rural telephone companies at issue.70 In 
the case of an area served by a rural telephone company, the Act stipulates that such an area means a 
company’s study area, “unless and until the Commission and the States . . . establish a different definition 
for such company.”71 The Act, therefore, contemplates a process that requires the participation of both 
the Commission and the states.72 In this case, the South Dakota Commission chose not to comment on 
the merits of Standing Rock’s petition because it would have an “opportunity . . . to review the FCC’s 
proposed redefinition once that decision has been made by the FCC.”73 Standing Rock does not seek to 
serve all consumers within West River’s existing service area; instead, it seeks only to serve those 
consumers living on the Reservation.74 Because the company seeks to serve an area different than the 
service areas of the existing rural telephone companies serving the Reservation, therefore, redefinition is 
required.
29. We do not act at this time on Standing Rock’s request to redefine and serve the following 
partial wire centers: (1) the St. Anthony wire center within West River’s service area; (2) the Lemmon 
and Meadow wire centers within West River Cooperative’s service area; (3) the Mobridge wire center 
within West River of Mobridge’s service area; and (4) the Isabel wire center within Cheyenne River’s 
service area.75 In the Highland Cellular Order, the Commission stated that competitive ETCs should 
commit to serve a “minimum geographic area” within a rural telephone company’s service area.76 In the 
ETC Designation Order, the Commission held that a competitive ETC’s service area should encompass 
entire rural wire centers and that the standard should be applied “rigorously.”77 Cheyenne River argues 
that these precedents are dispositive.78 Standing Rock counters that the Commission has never directly 
spoken on the question of whether a Tribe should be allowed to serve all residents of its Reservation.79  
Because the Commission has never addressed that precise issue, we believe it prudent to refer to the 
Commission the question of whether Standing Rock should be permitted to serve partial rural wire centers 
in order to encompass the entire Reservation.  We are instead seeking further comment so that the 
  
70 See Standing Rock Redefinition Petition at 5; Standing Rock Redefinition Reply at 1–3.
71 See 47 U.S.C. § 214(e)(5).
72 47 U.S.C. § 214(e)(5); see Rural Telephone Companies Redefinition Comments at 2–3; South Dakota 
Commission Redefinition Comments at 1.
73 South Dakota Commission Redefinition Comments at 2.
74 Standing Rock ETC Petition at 6, 17.
75 West River, West River Cooperative, West River of Mobridge, and Cheyenne River Sioux Telephone are rural 
telephone companies as defined in section 3 of the Act.  See 47 U.S.C. § 153(37).
76 Highland Cellular Order, 19 FCC Rcd at 6438, para. 33.
77 ETC Designation Order, 20 FCC Rcd at 6406, para. 79.
78 See Cheyenne River Redefinition Comments at 7; see also Rural Telephone Companies Redefinition Comments at 
2–3.
79 Standing Rock Redefinition Reply at 3–7.  Some Tribally-owned ETCs serve entire wire centers that go beyond 
the corresponding Tribal reservation’s boundaries.  See, e.g., Federal-State Joint Board on Universal Service; Hopi 
Telecommunications, Inc. Petition for Designation as an Eligible Telecommunications Carrier for the Hopi 
Reservation in Arizona, CC Docket No. 96-45, Order, 22 FCC Rcd 1866, 1870, para. 9 (Wireline Comp. Bur. 2007) 
(designating Hopi Telecommunications, Inc.’s service area as three wire centers that covered the Hopi Reservation 
and also crossed into the neighboring Navajo Reservation); Cheyenne River Redefinition Comments at 3 (noting 
that Cheyenne River’s designated service area does not parallel the boundaries of the Cheyenne River Sioux 
Reservation but instead includes, for example, the Isabel wire center that crosses onto the Standing Rock Sioux 
Reservation).
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Commission can address this important matter based on a more robust record, taking into account the 
unique equities and policies that surround telecommunications policy on Tribal lands.80
5. Regulatory Oversight
30. Consistent with Commission rules, Standing Rock certified in its petition that it will use 
all of its federal high-cost support “for the provision, maintenance, and upgrading of facilities and 
services for which the support is intended” in the areas in which the company is designated as an ETC.81  
A newly designated ETC is eligible to receive support as of the effective date of its designation as an 
ETC, provided that it submits the data required by section 54.307(b) of the Commission’s rules within 60 
days of the effective date.  Therefore, if Standing Rock files the required data within the 60-day period, 
the company will be eligible to receive support as of the effective date of its designation.  We direct 
Standing Rock to make all required filings with the Universal Service Administrative Company (USAC) 
under Part 54 of the Commission’s rules so that it may be eligible to receive high cost support.82 We also 
direct USAC to work with Standing Rock as necessary for Standing Rock to make the required filings 
with USAC.
31. Standing Rock must meet and continue to meet each of the criteria required by the ETC 
Designation Order, and must submit information detailing how it has satisfied the criteria annually.  
These records and documentation must be filed with the Commission and USAC on October 1 of each 
year.83 As noted above, Standing Rock has also committed to meeting applicable consumer protection 
and service quality standards.84
32. We find that reliance on Standing Rock’s commitments is reasonable and consistent with 
the public interest, the Act, and the Fifth Circuit decision in Texas Office of Public Utility Counsel v. 
FCC.85  We conclude that fulfillment of these additional reporting requirements will further the 
Commission’s goal of ensuring that Standing Rock satisfies its obligation under section 214(e) of the Act 
to provide supported services throughout its designated service area.86
33. We note that the Commission may institute an inquiry on its own motion to examine any 
ETC’s records and documentation to ensure that the high-cost support it receives is being used “only for 
the provision, maintenance, and upgrading of facilities and services” in the areas where it is designated as 
an ETC.87 Standing Rock is required to provide such records and documentation to the Commission and 
USAC upon request.  We further emphasize that, if Standing Rock fails to fulfill the requirements of the 
Act, the Commission’s rules, or the terms of this Order after it begins receiving universal service support, 
  
80 See Comment Sought on Whether Standing Rock Telecommunications, Inc. Should Be Designated an Eligible 
Telecommunications Carrier in Partial Rural Wire Centers so that It Can Serve the Entire Standing Rock Sioux 
Reservation, WC Docket No. 09-197, Public Notice, DA 10-1602 (Wireline Comp. Bur. rel. Aug. 24, 2010); 47 
U.S.C. § 4(j) (authorizing the Commission to conduct its proceedings “in such a manner as will best conduce to the 
proper dispatch of business and to the ends of justice”); see also Letter from Heather Dawn Thompson, Counsel, 
Standing Rock Telecommunications, Inc. to Marlene H. Dortch, Secretary, FCC, at 1 (filed July 21, 2010) (asking 
the Bureau to bifurcate the ETC designation process along these lines).
81 See id. at 4; see also 47 U.S.C. § 254(e); 47 C.F.R. §§ 54.313, 54.314.
82 See generally 47 C.F.R. Part 54.
83 See ETC Designation Order, 20 FCC Rcd at 6401–02, paras. 68–69.
84 Standing Rock ETC Petition at 23; see supra paras. 15, 21.
85 Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393, 417–18 (5th Cir. 1999).
86 47 U.S.C. § 214(e).
87 47 U.S.C. §§ 220, 403; 47 C.F.R. §§ 54.313, 54.314.
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the Commission may exercise its authority to revoke Standing Rock’s ETC designation.88 The 
Commission also may assess forfeitures for violations of Commission rules and orders.89
6. Anti-Drug Abuse Act Certification
34. Pursuant to section 5301 of the Anti-Drug Abuse Act of 1988, no applicant is eligible for 
any new, modified, or renewed instrument of authorization from the Commission, including 
authorizations issued pursuant to section 214 of the Act, unless the applicant certifies that neither it, nor 
any party to its application, is subject to a denial of federal benefits, including Commission benefits.90  
Standing Rock has provided a certification consistent with the requirements of the Anti-Drug Abuse Act 
of 1988.91 We find that Standing Rock’s certification satisfies the requirements of the Anti-Drug Abuse 
Act of 1988, as codified in sections 1.2001–1.2003 of the Commission’s rules.
IV. ORDERING CLAUSES
35. ACCORDINGLY, IT IS ORDERED that, pursuant to the authority contained in section 
214(e)(6) of the Communications Act of 1934, 47 U.S.C. § 214(e)(6), and pursuant to authority delegated 
in sections 0.91, 0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, and 
54.722(a), Standing Rock Telecommunications, Inc. IS DESIGNATED AN ELIGIBLE 
TELECOMMUNICATIONS CARRIER for portions of its licensed service area on the Standing Rock 
Sioux Reservation in North Dakota and South Dakota, to the extent described herein.
36. IT IS FURTHER ORDERED that Standing Rock Telecommunications, Inc. SHALL 
SUBMIT additional information pursuant to section 54.209 of the Commission’s rules, 47 C.F.R. 
§ 54.209, no later than October 1, 2010, as part of its annual reporting requirements.
37. IT IS FURTHER ORDERED that the petition for redefinition filed by Standing Rock 
Telecommunications, Inc., IS GRANTED, to the extent discussed herein and conditioned on the consent 
of the North Dakota Public Service Commission to the proposed redefinition contained in Appendix D.
38. IT IS FURTHER ORDERED that a copy of this Order SHALL BE TRANSMITTED by 
the Wireline Competition Bureau to the North Dakota Public Service Commission, the South Dakota 
Public Utilities Commission, and the Universal Service Administrative Company.
  
88 See Declaratory Ruling, 15 FCC Rcd at 15174, para. 15; see also 47 U.S.C. § 254(e).
89 See 47 U.S.C. § 503(b).
90 21 U.S.C. § 862; 47 C.F.R. § 1.2002(a).  Section 1.2002(b) provides that a “party to the application” shall include:  
“(1) If the applicant is an individual, that individual; (2) If the applicant is a corporation or unincorporated 
association, all officers, directors, or persons holding 5% or more of the outstanding stock or shares (voting/and or 
non-voting) of the petitioner; and (3) If the applicant is a partnership, all non-limited partners and any limited 
partners holding a 5% or more interest in the partnership.”  47 C.F.R. § 1.2002(b); see Section 214(e)(6) Public 
Notice, 12 FCC Rcd at 22949.
91 See Standing Rock ETC Petition at 23 and Exh. IX.
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39. IT IS FURTHER ORDERED that pursuant to section 1.103 of the Commission’s rules, 
47 C.F. R. § 1.103, this Order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Sharon E. Gillett
Chief
Wireline Competition Bureau
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APPENDIX A
List of Commenters
Telecommunications Carriers Eligible for Universal Service Support, WC Docket No. 09-197, 
Comment Sought on Petition of Standing Rock Telecommunications for Designation as an Eligible 
Telecommunications Carrier, 25 FCC Rcd 352 (Wireline Comp. Bur. 2010)
Commenter Abbreviation
NA
Reply Commenter Abbreviation
Cheyenne River Sioux Tribe Telephone Authority Cheyenne River
Cheyenne River Sioux Tribe Cheyenne River Sioux Tribe
South Dakota Telecommunications Association, North Dakota Rural Telephone Companies
Association of Telecommunications Cooperatives, West River
Cooperative Telephone Company, West River
Telecommunications Cooperative
Telecommunications Carriers Eligible for Universal Service Support, WC Docket No. 09-197, 
Comment Sought on a Petition by Standing Rock Telecommunications, Inc. to Redefine Certain 
Rural Service Areas in North and South Dakota, 25 FCC Rcd 1828 (Wireline Comp. Bur. 2010)
Commenter Abbreviation
Cheyenne River Sioux Tribe Telephone Authority Cheyenne River
South Dakota Telecommunications Association, North Dakota Rural Telephone Companies
Association of Telecommunications Cooperatives, West River
Cooperative Telephone Company, West River
Telecommunications Cooperative
South Dakota Public Utilities Commission South Dakota Commission
Reply Commenter Abbreviation
South Dakota Telecommunications Association, North Dakota Rural Telephone Companies
Association of Telecommunications Cooperatives, West River
Cooperative Telephone Company, West River
Telecommunications Cooperative
Standing Rock Telecommunications, Inc. Standing Rock
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APPENDIX B
Standing Rock Telecommunication Inc.’s
Designated Service Area
Wire Center State Incumbent Carrier CLLI Code
Fort Yates* North Dakota West River Telecom. FTYTNDXA
McIntosh South Dakota Qwest MCINSDCO
McLaughlin* North Dakota West River Telecom. MCLGSDXA
Morristown South Dakota Qwest MRTWSDCO
Selfridge* North Dakota West River Telecom. SLRGNDXA
Timberlake† South Dakota Qwest TMLKSDCO
  
* Subject to the agreement of the North Dakota Public Service Commission to the Commission’s proposed 
redefinition.
† Only those areas within the boundaries of the Reservation.
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APPENDIX C
Wire Centers Not Included in Standing Rock Telecommunication Inc.’s
Designated Service Area At This Time
Wire Center State Incumbent Carrier CLLI Code
St. Anthony North Dakota West River Telecom. STATNDXB
Lemmon North Dakota/South Dakota West River Cooperative LMMNSDXA
Mobridge South Dakota West River Telecom. of 
Mobridge
MBRGSDXA
Meadow South Dakota West River Cooperative MEDWSDXA
Isabel South Dakota Cheyenne River ISBLSDXA
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APPENDIX D
Proposed Redefinition of West River Telecommunications
Wire Center State CLLI Code
Beulah North Dakota BELHNDXA
Carson North Dakota CRSNNDXA
Center North Dakota CNTRNDXA
Elgin North Dakota ELGNNDXA
Flasher North Dakota FLSHNDXA
Fort Yates North Dakota FTYTNDXA
Glen Ullin North Dakota GLNLNDXA
Golden Valley North Dakota GLVYNDXA
Goodrich North Dakota GDRCNDXA
Hazen North Dakota HAZNNDXA
Hebron North Dakota HBRNNDXA
McClusky North Dakota MCCSNDXA
McLaughlin North Dakota MCLGSDXA
Mercer North Dakota MRCRNDXA
New Salem North Dakota NWSLNDXA
Pick City North Dakota PKCYNDXA
Selfridge North Dakota SLRGNDXA
Solen North Dakota SOLNNDXA
St Anthony North Dakota STATNDXB
Stanton North Dakota SNTNNDXA
Turtle Lake North Dakota TRLKNDXA
Underwood North Dakota UNWDNDXA
Washburn North Dakota WSBNNDXA
Zap North Dakota ZAP NDXA