DA 18-914
Released: September 5, 2018

WIRELINE COMPETITION BUREAU SEEKS COMMENT ON THE PETITION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN THE STATE OF NEW YORK SUBMITTED BY HAEFELE TV, INC.  
WC Docket No. 09-197
Comment Date: September 20, 2018
Reply Comment Date: October 1, 2018
The Wireline Competition Bureau seeks comment on the petition for designation as an Eligible Telecommunications Carrier (ETC) in the state of New York submitted by Haefele TV, Inc. (Haefele) to become eligible to receive Connect America Fund (CAF) support, as awarded in coordination with the New York’s New NY Broadband Program for state and CAF support (New York Program). Petition of Haefele TV, Inc. for Eligible Telecommunications Carrier Status in the State of New York (filed Aug. 17, 2018), https://ecfsapi.fcc.gov/file/10817990712297/Petition%20for%20ETC%20Designation_Haefele.pdf; see also generally Connect America Fund et al., Order, 32 FCC Rcd 968 (2017) (granting a petition filed by New York State seeking waiver of Phase II auction program rules to allow use of CAF support in CAF-eligible areas in New York in coordination with New NY Broadband Program).
  
Haefele seeks designation as an ETC in all census blocks in the state of New York where it was awarded CAF support through the New York Program.  Pursuant to the New York Program, Haefele must serve 667 locations in 97 CAF-eligible census blocks in exchange for an approximate $1,257,581 in CAF support. See Wireline Competition Bureau Announces FCC Deadlines for New York Broadband Program Winning Bidders, WC Docket No. 10-90, Public Notice, DA 18-510, Attach. A (rel. May 18, 2018) (summarizing estimated CAF awards of winning bidders participating in the New York Program).

Interested parties may file comments on or before September 20, 2018 and replies on or before October 1, 2018.  All pleadings must reference WC Docket No. 09-197.  Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS) or by filing paper copies. See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).
  
Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS:  http://fjallfoss.fcc.gov/ecfs2/.  
Paper Filings.  Parties who choose to file by paper must file an original and one copy of each filing.  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, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, Office of the Secretary, Federal Communications Commission. 
· Hand or Messenger Delivery.  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.  Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. 
· U.S. Postal Service first-class, Express, and Priority mail.  US postal service mail must be addressed to 445 12th Street, S.W., Washington D.C. 20554.
Additional Copies.  Parties should send a copy of their filings to Nissa Laughner, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-B444, Washington D.C. 20554, or by e-mail to Nissa.Laughner@fcc.gov.  
People with Disabilities: To request materials in accessible formats (Braille, large print, electronic files, audio format) for people with disabilities, send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 or (202) 418-0432 (TTY).
Permit but Disclose Ex Parte Communications.  For the purposes of the Commission’s ex parte rules, each petition submitted pursuant to section 214(e)(6) will be treated as initiating a permit-but-disclose proceeding under the Commission’s rules. See 47 CFR § 1.1206.
  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). Id. § 1.2016(b)(2)(iii).
  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 presentation was made, and (2) summarize all data presented and arguments made during the presentation. Id. § 1.206(b)(1).
  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. Id.
  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). Id. § 1.1206(b)(2).
  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). Id. § 1.1206(b)(2)(i); see also id. § 1.49(f).
  Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.
For additional information on this proceeding, please contact Nissa Laughner (Nissa.Laughner@fcc.gov) of the Wireline Competition Bureau, Telecommunications Access Policy Division, (202) 418-7400.
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