Federal Communications Commission DA 11-1728
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Telecommunication Carriers Eligible for Universal ) WC Docket No. 09-197
Service Support )
)Federal-State Joint Board on Universal Service
) CC Docket No. 96-45
ORDER
Adopted: October 18, 2011 Released: October 18, 2011
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. In this order, we approve the requests of Sprint Nextel Corporation (Sprint Nextel) to
relinquish the eligible telecommunications carrier (ETC) designations of its affiliate NPCR, Inc. dlb/a
Nextel Partners (Nextel) in Alabama, Georgia, New York, Pennsylvania, and Virginia, effective
December 31, 2011.'
2. Section 21 4(e)(6) of the Communications Act of 1934, as amended (Act), authorizes the
Commission to designate a carrier as an ETC when a state commission lacks jurisdiction.2 Section
214(e)(4) of the Act provides that the Commission shall permit an ETC to relinquish its designation "in
any area served by more than one" ETC so long as "the remaining [ETCs] ensure that all customers
served by the relinquishing carrier will continue to be served."3
3. By order dated August 25, 2004, the Wireline Competition Bureau designated Nextel as
an ETC in several states, including, as relevant here, Alabama, Georgia, New York, Pennsylvania, and
Virginia.4 Sprint and Nextel merged to become Sprint Nextel in 2005.
4. Pursuant to section 214(e) of the Act, Sprint Nextel filed, on behalf of its affiliates,
notices of its intent to relinquish the affiliates' ETC designations in the states identified above.6 In its
filings, Sprint Nextel demonstrates that various carriers are designated as ETCs in the areas in which it
seeks to relinquish its designations.7 Sprint Nextel also indicates that it will continue to offer service on a
non-ETC basis in these areas.8 Finally, Sprint Nextel has indicated that it will provide written notice to
each of its current Lifeline customers, advising the customer that while the company will discontinue
See Notice of Relinquishment of Eligible Telecommunications Carrier Designations on Behalf of NPCR, Inc., WC
Docket No. 96-45 (filed September 7, 2011) (Sprint Nextel Relinquishment Notice).
2 47 U.S.C. § 214(e)(6).
47 U.S.C. § 214(e)(4).
See Federal-State Joint Board on Universal Service, NPCR d/b/a Nextel Partners Pet ition for Designation as an
Eligible Telecommunications Carrier in the State ofAlabama, et al., CC Docket No. 96-45, Order, 19 FCC Rcd
16530 (Wireline Comp. Bur. 2004).
See Applications of Nextel Communications, Inc. and Sprint Corporation for Consent to Transfer Control of
Licenses andAuthorizations, WT Docket No. 05-63, Memorandum Opinion and Order, 20 FCC Rcd 13967 (2005).
6 See generally Sprint Nextel Relinquishment Notice.
' See Sprint Nextel Relinquishment Notice at Attachments A-E (illustrating that other ETCs currently serve the
entire service areas for which the company seeks to relinquish its designation).
See Sprint Nextel Relinquishment Notice at 3.
Federal Communications Commission DA 11-1728
providing Lifeline service, Lifeline discounts may be obtained from another ETC.9 Based on these
circumstances, we find it appropriate to grant Sprint Nextel's request to relinquish its designations.
5. IT IS ORDERED that, pursuant to the authority contained in section 21 4(e)(4) of the
Communications Act as amended, 47 U.S .C. § 21 4(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 designations of NPCR, Inc. d!b/a
Nextel Partners in the states of Alabama, Georgia, New York, Pennsylvania, and Virginia ARE
RELINQUISHED.'°
6. IT IS FURTHER ORDERED that, on behalf of its affiliates, Sprint Nextel Corporation
SHALL TRANSMIT a copy of this order to the Alabama Public Service Commission, Georgia Public
Service Commission, the New York State Public Service Commission, Pennsylvania Public Utility
Commission, and the Virginia State Corporation Commission.
7. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(l) of the Commission's
rules, 47 C.F.R. § 1.1 02(b)(1), this order SHALL BE EFFECTIVE December 31, 2011.
FEDERAL COMMUNICATIONS COMMISSSION
Trent B. Harkrader
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
See Sprint Nextel Relinquishment Notice at 4.
10 Accordingly, the Universal Service Administrative Company should discontinue the eligibility of study area codes
259007, 229001, 159007, 179004, 199003 which are assigned to NPCR, Inc., dib/a Nextel Partners.
2