PC PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON D.C. 20554_____________________________DA 96-1830 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov COLUMBINE TELEPHONE COMPANY, INC., SILVER STAR TELEPHONE COMPANY, INC., AND U S WEST COMMUNICATIONS, INC. FILED A PETITION FOR WAIVERS OF SECTIONS 61.41(C)(D), 69.3(E)(11), AND THE DEFINITION OF "STUDY AREA" CONTAINED IN THE APPENDIX-GLOSSARY OF PART 36 OF THE COMMISSION'S RULES AAD 96-169 Released: November 6, 1996 Comment Date: November 27, 1996 Reply Date: December 10, 1996 On October 11, 1996, Columbine Telephone Company > Inc. ("Columbine"), Silver Star Telephone Company, Inc. ("Silver Star"), and U S WEST Communications, Inc. ("U S WEST") filed a petition for 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. U S WEST seeks to alter the boundaries of its existing Idaho study area as a result of selling three telephone exchanges (serving 2,849 access lines) to Columbine, a sister company of Silver Star with identical ownership and management. Columbine proposes to establish a new Idaho study area on a cost settlement basis. In addition, Columbine seeks a waiver of the Sections 61.41(c) and (d) 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. Section 61.41(d) states that once a local exchange carrier becomes subject to price cap regulation it shall not be eligible to withdraw from such regulation. The requested waiver would permit Columbine to operate under rate-of-return regulation after acquiring the exchanges which currently are under price cap regulation. Finally, Columbine requests a waiver of Section 69.3(e)(ll) of the rules, if necessary, so that the regulatory, tariff and pooling changes related to the proposed exchange acquisitions may occur immediately upon the closing of the transactions. In Orders attached to the petition, the Idaho Public Utilities Commission and the Wyoming Public Service Commission state that they do not object to the changes in the study area boundaries caused by transferring the three exchanges from U S WEST to Columbine. Interested parties may file comments on the joint petition on or before November 27, 1996, and reply comments on or before December 10, 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 96-169. Four (4) copies should also be sent to Adrian Wright, Competitive Safeguards Branch, Common 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 14501 (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 purposes of the Commission's exparte 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 exparte rules. See-generally, 47 C.F.R. §§ 1.1208-1.1216. For further information contact Adrian Wright at (202) 418-0830. FEDERAL COMMUNICATIONS COMMISSION 14502