PUBLIC NOTICE 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 DA 13-1313 Release Date: June 5, 2013 WIRELINE COMPETITION BUREAU SEEKS COMMENT ON PETITION BY CHARITON VALLEY TELECOM CORPORATION FOR AGREEMENT IN REDEFINING THE SERVICE AREA OF A RURAL TELEPHONE COMPANY IN THE STATE OF MISSOURI WC Docket No. 09-197 Comment Date: July 8, 2013 Reply Comment Date: July 23, 2013 The Wireline Competition Bureau seeks comment on a petition filed on May 13, 2013 by the Chariton Valley Telecom Corporation (“Chariton Valley”) pursuant to section 54.207 of the Commission’s rules.1 In its petition, Chariton Valley requests that the Commission concur with the decision of the Missouri Public Service Commission that the redefinition of the service area of Spectra Communications Group, LLP in Macon, Missouri is in the public interest.2 Section 54.207 of the Commission’s rules, which implements section 214(e)(5) of the Communications Act of 1934, as amended (the Act), provides that a rural telephone company’s service area will be its study area “unless and until the Commission and the states, after taking into account the recommendations of a Federal-State Joint Board instituted under section 410(c) of the Act, establish a different definition of service area for such company.”3 This public notice is required by section 54.207(c)(2) of the Commission’s rules.4 If the Commission initiates a proceeding to consider the Petition, it must do so within 90 days of the release date of this public notice, pursuant to the Commission’s rules.5 If the Commission does not act on the 1 Chariton Valley Telecom Corporation Petition for Commission Agreement in Redefining a Certain Service Area of a Rural Telephone Company in the State of Missouri, WC Docket No. 09-197 (filed May 13, 2013) (Petition); 47 C.F.R. § 54.207. 2 Id. at 1. At this time, Chariton Valley is not eligible to receive any high-cost support. See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663, 17827 para. 502 et seq. (2011) (eliminating identical support for competitive ETCs). Chariton Valley does expect to seek Lifeline support for eligible customers. Petition at Ex. A. 3 47 C.F.R § 54.207(b); 47 U.S.C. § 214(e)(5). 4 47 C.F.R. § 54.207(c)(2). 5 47 C.F.R. § 54.207(c)(3). Federal Communications Commission DA 13-1313 2 Petition by September 3, 2013, the definition proposed by the Missouri Public Utilities Commission will be deemed approved by the Commission and shall take effect in accordance with state procedures.6 Interested parties may file comments on or before July 8, 2013, and reply comments on or before July 23, 2013. All pleadings are to reference WC Docket No. 09-197. Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file comments on or before the dates indicated on the first page of this document.7 Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).8 § Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. § Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. § Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. § U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554. 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). In addition, one copy of each pleading must be sent to: Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-A452, Washington, D.C. 20554; e-mail: Charles.Tyler@fcc.gov. The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.9 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte 6 See 47 C.F.R. § 54.207(c)(3)(ii). 7 47 C.F.R. §§ 1.415, 1.419. 8 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). 9 47 C.F.R. §§ 1.1200 et seq. Federal Communications Commission DA 13-1313 3 presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. For further information, please contact Alexander Minard, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484. - FCC -