PUBLIC NOTICE DA 12-710 Release Date: May 3, 2012 THE WIRELINE COMPETITION BUREAU CONSENTS TO FOUR SERVICE AREA REDEFINITIONS CC Docket No. 96-45 WC Docket No. 09-197 The Wireline Competition Bureau consents to four proposed service area redefinitions.1 These petitions are listed below: Petitioner(s) Date Petition Filed Cox Georgia Telecom, LLC July 6, 2011 NE Colorado Cellular, Inc. d/b/a Viaero Wireless July 22, 2011 Triangle Communications System Inc. Aug. 4, 2011 Virgin Mobile USA, L.P. January 25, 2012 Pursuant to the procedures set forth in section 54.207(c) of the Commission’s rules, the Commission and the appropriate state commission must agree on a proposed redefinition of a rural carrier’s service area.2 The Bureau sought comment on each of these petitions.3 The Bureau notes that 1 See 47 U.S.C. § 214(e)(5); 47 C.F.R. § 54.207(c); see also Cox Georgia Telecom, LLC Petition for Commission Agreement in Redefining the Service Area of Rural Telephone Companies in the State of Georgia Pursuant to 47 C.F.R. Section 54.207(c), WC Docket No. 09-197 (filed July 6, 2011) (Cox Georgia Petition); NE Colorado Cellular, Inc. d/b/a Viaero Wireless Petition for Commission Agreement in Redefining the Service Area of Rural Telephone Companies in the State of Montana Pursuant to 47 C.F.R. Section 54.207(c), WC Docket No. 09-197 (filed July 22, 2011) (Viaero Petition); Triangle Communications System Inc. Petition for Commission Agreement in Redefining the Service Area of Rural Telephone Companies in the State of Montana Pursuant to 47 C.F.R. Section 54.207(c), WC Docket No. 09-197 (filed Aug. 4, 2011) (Triangle Petition); Virgin Mobile USA, L.P. Petition for Commission Agreement in Redefining Certain Service Areas of Rural Incumbent Telephone Companies in the State of Kansas, WC Docket No. 09-197 (filed Jan. 25, 2012) (Virgin Mobile Petition). 2 47 C.F.R. § 54.207(c). The Bureau has delegated authority to act on redefinition requests. 47 C.F.R. § 54.207(e). 3 Wireline Competition Bureau Seeks Comment On Cox Georgia Telcom, LLC, Petition For Agreement In Redefining the Service Area Of A Rural Telephone Company in Georgia, WC Docket No. 09-197, Public Notice, 26 FCC Rcd 10236 (2011); Wireline Competition Bureau Seeks Comment on NE Colorado Cellular, Inc., D/B/A Viaero Wireless Petition for Agreement in Redefining the Service Areas of Rural Telephone Companies in Kansas, WC (continued…) Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 2 three of the petitions were unopposed.4 The Montana Telecommunications Association (MTA) filed several comments in response to the Triangle Petition, but the Bureau finds the issues raised by the MTA either inapposite to the instant redefinition petition or more appropriately addressed within the context of the broader universal service reform proceeding.5 For three of the petitions, the Bureau initiated a proceeding, pursuant to section 54.209(c)(3) of the Commission’s rules.6 By this Public Notice, the Bureau now closes those proceedings. 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. (Continued from previous page) Docket No. 09-197, Public Notice, 26 FCC Rcd 11131 (2011); Wireline Competition Bureau Seeks Comment on Triangle Communication Systems, Inc.'s Petitions for Agreement In Redefining The Service Areas of Rural Telephone Companies In Montana, WC Docket No. 09-197, Public Notice, 26 FCC Rcd 11368 (2011); Wireline Competition Bureau Seeks Comment on Virgin Mobile USA L.P., Petition for Commission Agreement in Redefining The Service areas of Rural Incumbent Telephone Companies in Kansas, WC Docket No. 09-197, Public Notice, 27 FCC Rcd 593 (2012). 4 No parties commented on either the Viareo Petition or the Virgin Mobile Petition. Public Service Telephone Company filed comments but did not oppose the Cox Georgia Petition. Comments of Public Service Telephone Company, WC Docket No. 09-197 (filed Aug. 17, 2011). Montana Independent Telecommunications Systems, a statewide association of rural telecommunications carriers, filed comments in support of the Triangle Petition. Comments of Montana Independent Telecommunications Systems, LLC, WC Docket No. 09-197 (filed Oct. 3, 2011). 5 See Comments of the Montana Telecommunications Association, WC Docket No. 09-197 (filed Sept. 16, 2011) (MTA Sept. 2011 Comments); Comments of the Montana Telecommunications Association, WC Docket No. 09- 197 (filed Dec. 14, 2011); Letter from Geoffrey A. Feiss, Montana Telecommunications Association, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 09-197 (filed Feb. 22, 2012); see also Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing a Unified Intercarrier Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and Link-Up; Universal Service Reform—Mobility Fund; WC Docket Nos. 10-90, 07- 135, 05-337, 03-109, CC Docket Nos. 01-92, 96-45, GN Docket No. 09-51, WT Docket No. 10-208, Report and Order and Further Notice of Proposed Rulemaking, 26 FCC 17663 (2011) (USF/ICC Transformation Order and FNPRM); pets. for review pending sub nom. In re: FCC 11-161, No. 11-9900 (10th Cir. filed Dec. 8, 2011). In its comments, MTA suggests several issues the Commission could consider – such as, for example, whether designating multiple ETCs would strain universal service funding or threaten high-cost support for rural ETCs – many of which are moot because Triangle will not receive high-cost support pursuant to the identical support rule. MTA Sept. 2011 Comments at 4-6. 6 Wireline Competition Bureau Initiates Proceeding To Consider Triangle Communications System, Inc.'s Petitions For Agreement In Redefining The Service Areas Of Rural Telephone Companies In Montana, WC Docket No. 09- 197, Public Notice, 26 FCC Rcd 15900 (2011); Wireline Competition Bureau Initiates Proceeding To Consider Cox Georgia Telcom, LLC Petition For Agreement In Redefining The Service Area Of A Rural Telephone Company In Georgia, WC Docket No. 09-197, Public Notice, 26 FCC Rcd 14311 (2011); Wireline Competition Bureau Initiates Proceeding To Consider NE Colorado Cellular, Inc. D/B/A Viaero Wireless Petition For Agreement In Redefining The Service Areas Of Rural Telephone Companies In Kansas, WC Docket No. 09-197, Public Notice, 26 FCC Rcd 15192 (2011). 3 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 Alex Minard, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484. - FCC -