(*1; PUBLIC NOTICE
Federal Communications Commission
44 12 St., s.w.
Washington, D.C. 20554
News Media Information 202 /418.0500
Internet: http:llwww.fcc.gov
TTY: 1-888-835-5322
DA 12-39
Release Date: January 11, 2012
THE TELECOMMUNICATIONS ACCESS POLICY DIVISION
OF THE WIRELINE COMPETITION BUREAU
GRANTS PETITIONS REQUESTING WAIVER OF VARIOUS
HIGH-COST UNIVERSAL SERVICE FILING DEADLINES
WC Docket No. 08-71
The Telecommunications Access Policy Division (Division) of the Wireline Competition Bureau
has found that there is good cause to grant three petitions for waiver of Commission rules setting forth
deadlines that eligible telecommunications carriers (ETCs) must meet to be eligible to receive certain
forms of high-cost universal service support.' The Division has found that there is good cause to grant
the requested waivers because the missed deadlines were the result of minor ministerial, clerical, or
procedural errors. The Division also notes that all of the petitions were unopposed.2 These petitions and
related information are listed below:
Generally, the Commission's rules may be waived if good cause is 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. WAITRadio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir.
1969); Northeast Cellular, 897 F.2d at 1166. 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.
NetworklP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.
2 The Wireline Competition Bureau sought comment on each of these petitions. Wireline Competition Bureau Seeks
Comment on Telenational Communications, Inc. Petition for Waiver of a Universal Service High-Cost Filing
Deadline, WC Docket. No 08-71, Public Notice, 26 FCC Rcd 12881 (Wirelme Comp. Bur. 2011); The Wireline
Competition Bureau Seeks Comment on Windstream Communications, Inc. Petition for Waiver of a Universal
Service High-Cost Filing Deadline, WC Docket. No 08-71, Public Notice, 26 FCC Rcd 5989 (Wireline Comp. Bur.
2011); Comment Sought on the Twin Valley Telephone, Inc. Petition for Waiver of a Universal Service High-Cost
Filing Deadline, WC Docket. No 08-71, Public Notice, 25 FCC Rcd 12270 (Wirelme Comp. Bur. 2010). As noted
above, all of these petitions were unopposed. One comment and one ex parte letter were filed in support of the Twin
Valley Telephone, Inc. petition. See Letter from Tracey Sattenberger, NECA, to Marlene Dortch, FCC, WC Docket
No. 08-7 1 (filed Sept. 28, 2010); Comments of National Telecommunications Cooperative Association,
Organization for the Promotion and Advancement of Small Telecommunications Companies, and Western
Telecommunications Alliance, WC Docket No. 08-71 (filed Sept. 21, 2010).
Petitioner Rule(s) Waived Date Petition Filed
Telenational Communications, Inc. 54.307(c)3 8/30/11
Windstream Communications, Inc. 54.903(a)4 4/13/11
Twin Valley Telephone, Inc.
___________________________________________________
36.6 12(a)(3)
54.305(d)(1 )5
8/9/10
_____________________
Filings and comments are available for public inspection and copying during regular business
hours at the FCC Reference Information Center, Portals II, 445 12th Street, S.W., Room CY-A257,
Washington, D.C. 20554. They may also be purchased from the Commission's duplicating contractor,
Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554,
telephone: (202) 488-5300, fax: (202) 488-5563, or via e-mail www.bcpiweb.com.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail to fcc504(fcc.gov or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).
For further information, please contact Abdel Eqab, Telecommunications Access Policy Division,
Wireline Competition Bureau at (202) 418-7400 or YTY (202) 418-0484.
-FCC-.
Section 54.307(c) sets forth the deadlines for a competitive ETC to file line count data to be eligible to receive
high-cost universal service support. 47 C.F.R § 54.307(c).
Section 54,903(a) sets forth deadlines for rate-of-return carriers to file certain line count data to be eligible to
receive Interstate Common Line Support. 47 C.F.R § 54.903(a).
Sections 36.612(a)(3) and 54.305(d)(l) set forth deadlines for filing loop-related expense data to be eligible to
receive safety valve support. 47 C.F.R § 36.612(a)(3), 54.305(d)(l).
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