10 FCC Red No. 21 Federal Communications Commission Record DA 95-1980
Before the
Federal Communications Commission 
Washington, D.C. 20554
PUBLIC NOTICE
Released September 19,1995
GTE MIDWEST INCORPORATED, BPS TELEPHONE
COMPANY, 
CASS COUNTY TELEPHONE COMPANY AND OZARK
TELEPHONE
COMPANY, INC. PETITION FOR WAIVER OF SECTION
61.41(C)(2) AND THE DEFINITION OF "STUDY AREA"
CONTAINED IN THE APPENDIX-GLOSSARY OF PART
36 OF THE COMMISSION'S RULES
AAD 95-62
Comment Date: October 19, 1995 
Reply Date: October 31, 1995
On April 21, 1995, GTE Midwest Incorporated ("GTE"), 
BPS Telephone Company ("BPS"), Cass County Telephone 
Company ("Cass County"), and Ozark Telephone Com 
pany, Inc. ("Ozark")(collectively, "Petitioners") filed a 
joint petition for waiver of the definition of "study area" as 
set forth in the Appendix-Glossary of Part 36 of the Com 
mission's rules. That definition constitutes a rule freezing 
all study area boundaries. The requested waivers would 
allow GTE and Cass County to alter the boundaries of 
their existing Missouri study areas when transferring eight 
telephone exchanges (with 5,943 access lines) from GTE to 
Cass County. The requested waivers, if granted, would also 
authorize BPS and Ozark to create two new Missouri study 
areas coincident with the transfer of five additional tele 
phone exchanges (with 5,277 access lines) from GTE to 
BPS and Ozark.
In addition, BPS, Cass County and Ozark seek waivers of 
Section 61.41(c)(2) of the Commission's price cap rules, 47 
C.F.R. § 61.41, to exempt them from the price cap "all or 
nothing" rule. Those waivers would permit BPS, Cass 
County, and Ozark to remain under rate-of-return regula 
tion after acquiring these 13 exchanges, which are cur 
rently under price cap regulation. The proposed transfer of 
exchanges and modifications of study area boundaries have 
been approved, or at this point are unopposed, by the 
following state commissions: the Arkansas Public Service 
Commission (filed Sept. 1, 1995), the Kansas Corporation 
Commission (filed Sept. 14, 1995), the Missouri Public 
Service Commission (filed Jul. 13, 1995), and the Okla 
homa Corporation Commission (filed Sept. 1, 1995).
Interested parties may file comments on the joint peti 
tion on or before October 19, 1995, and reply comments 
on or before October 31, 1995, with the Secretary, Federal 
Communications Commission, 1919 M Street, N.W., Room 
222, Washington, D.C. 20554. Comments and reply com 
ments should reference AAD 95-62. Four (4) copies should 
also be sent to Adrian Wright, Cost Analysis Branch, Com 
mon Carrier Bureau, Room 812, 2000 L Street, N.W., 
Washington, D.C. 20554, and one (1) copy should be sent 
to the Commission's contractor for public service record 
duplication: International Transcription Service (ITS), 2100 
M Street, N.W., Suite 140, Washington, D.C. 20037. Copies
of the petition may be obtained from the Accounting and 
Audits Division's public reference room, Room 812, 2000 
L Street, N.W., Washington, D.C. Copies are also available 
from ITS at (202) 857-3800.
We will treat this proceeding as non-restricted for pur 
poses of the Commission's ex parte rules. See generally, 47 
C.F.R. §§ 1.1200-1.1206. However, if the waiver petition is 
opposed this proceeding becomes restricted under the 
Commission's ex parte rules.
See generally, 47 C.F.R. §§ 1.1208-1.1216. For further 
information contact Adrian Wright at (202) 418-0830.
FEDERAL COMMUNICATIONS COMMISSION
11037