Federal Communications Commission DA 11-1366 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petitions for Waiver of Universal Service High- Cost Filing Deadlines Totah Communications, Inc. Petition for Waiver of Section 36.621(a)(4) of the Commission’s Rules ) ) ) ) ) ) ) ) WC Docket No. 08-71 ORDER Adopted: August 5, 2011 Released: August 5, 2011 By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau: 1. In this order, we deny a petition filed by Totah Communications, Inc. (Totah) for a waiver of section 36.621(a)(4) of the Commission’s rules, which caps the amount of high-cost universal service support recoverable for carriers’ corporate operations expenses.1 Totah provides local exchange telephone service in areas of rural Oklahoma and states that it has corporate operations expenses that exceed the Commission’s limit on the recovery of such expenses for purposes of receiving loop support.2 In its request, Totah contends that it would not be able to maintain affordable rates in its service area without a waiver of the corporate operations expense cap.3 2. We conclude that Totah has failed to demonstrate that there is good cause to waive the applicable section of the Commission’s rules. Generally, the Commission’s rules may be waived if good cause is shown.4 The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest.5 In addition, the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis.6 Waiver of the Commission’s rules is appropriate only if both (i) special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.7 3. We find that there is no evidence to substantiate Totah’s claims. Totah’s statements are merely cursory. It has not presented any information about what its rates are today and how they may change without a waiver of the corporate operations expense cap, nor how the limit on corporate operations expenses causes a hardship on Totah and its subscribers. It also has not supplied a detailed accounting of the corporate operations expenses incurred for the past three years and an explanation of why these costs were necessary and unavoidable. We conclude that Totah has provided no evidence of 1 Totah Communications, Inc. Petition for Waiver of Commission Rule 47 CFR § 36.621(a)(4), WC Docket No. 08- 71 (filed July 7, 2011) (Petition); see also 47 C.F.R. § 36.621(a)(4). 2 Petition at 1. 3 Id. 4 47 C.F.R. § 1.3. 5 Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). 6 WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. 7 NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166. Federal Communications Commission DA 11-1366 2 special circumstances to demonstrate good cause to grant a waiver of the Commission’s rules and we deny its petition. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to the authority contained in sections 4(i) and 254(d) of the Communications Act, 47 U.S.C. §§ 4(i), 254(d), and the authority delegated by sections 0.91, 0.291, and 54.722 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 54.722, the petition for waiver of section 36.621(a)(4) of the Commission’s rules filed by Totah Communications, Inc. IS DENIED. 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. FEDERAL COMMUNICATIONS COMMISSION Amy E. Bender Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau