PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION 
1919 M STREET, N.W. 
WASHINGTON, D.C. 20554 DA 96-1517
News media intonnation 202/418-0500 Fax-On-Demand 202/418-2830 Internet: nttp://www.fccTgovftp.fcc.gov
TELALASKA, INC. AND TELHAWAII, INC. FILED A PETITION
FOR WAIVER OF SECTIONS 36.611, 36.612, 61.41(C) AND
THE DEFINITION OF "STUDY AREA" CONTAINED IN PART 36,
APPENDIX-GLOSSARY OF THE COMMISSIONS RULES
AAD 96-93
Released: September 11, 1996
Comment Date: September 26, 1996 
Reply Date: October 7, 1996
On August 16, 1996, TelAlaska, Inc. ("TelAlaska") and TelHawaii, Inc. ("TelHawaii") 
filed a Petition for Expedited Waivers of three Commission rules. TelHawaii (a subsidiary of 
TelAlaska) seeks the waivers so that it may comply with the Hawaii Public Utility Commission's 
("Hawaii PUC") mandate that TelHawaii provide telecommunications services as the carrier of 
last resort to the Ka'u area of Hawaii.
First, TelHawaii (a newly formed company) seeks a waiver of the definition of "Study 
Area" as set forth in the Appendix-Glossary of Part 36 of the Commission's rules. That 
definition constitutes a rule freezing all study area boundaries, effective November 15,1984. The 
waiver would allow TelHawaii to establish a new study area containing a rural telephone 
exchange serving approximately 2,447 access lines in the Ka'u area of Hawaii. This area is 
presently served by an exchange that is owned and operated by GTE Hawaiian Tel, and 
according to the petition, this Commission would need to alter the boundaries of GTE Hawaiian 
Tel's study area to accommodate TelHawaii's request.1 The Hawaii PUC states that it fully 
supports a study area waiver for TelHawaii.
Second, TelHawaii seeks a waiver of Sections 36.611 and 36.612. This waiver would 
provide TelHawaii with immediate Universal Service Fund ("USF") support monies effective with 
the transfer of GTE's assets to TelHawaii, and TelHawaii's commencement of service in the Ka'u 
area. Further, this waiver would /direct the National Exchange Carrier Association, Inc. 
("NECA") to make these USF payments to TelHawaii based, first on estimated data and then 
based on a rolling annualized average of quarterly costs until such time as actual annual costs 
are available.
1 In a letter dated August 23, 1996, TelHawaii, through its attorneys Latham and Watkins, notified this 
Commission that on August 15, 1996, GTE Hawaiian Tel filed a Notice of Appeal with the Hawaii PUC. In the 
notice, GTE states that it seeks review by the Hawaii Supreme Court of the PUC's orders in this matter. In the same 
letter, TelHawaii also urged this Commission to place the petition on Public Notice, so that all interested parties can 
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Finally, TelHawaii also seeks a waiver of Section 61.41(c) of the Commission's rules. 
Section 61.41(c) requires non-price cap companies, and the telephone companies with which they 
are affiliated, to become subject to price cap regulation after acquiring a price cap company or 
any part thereof. The requested waiver would permit TelHawaii to operate under rate-of-return 
regulation after acquiring the exchange which currently is under price cap regulation.
Interested parties may file comments on the joint petition on or before September 26, 
1996, and reply comments on or before October 7, 1996, with the Secretary, Federal 
Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554. 
Comments and reply comments should reference AAD 96-93. Four (4) copies should also be 
sent to Adrian Wright, Competitive Safeguards Branch, Common Carrier Bureau, 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 rodm, 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 purposes of the Commission's ex pane 
rules. See generally, 47 C.F.R. §§ 1.1200-1.1206. However, if this waiver petition is opposed, 
it will be treated as a restricted proceeding under the Commission's ex pane rules. See generally, 
47 C.F.R. §§ 1.1208-1.1216. For further information contact Adrian Wright at (202) 418-0830.
FEDERAL COMMUNICATIONS COMMISSION
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