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 CONCURRING  STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  Petition  of  Mid-  Rivers  Telephone  Cooperative,  Inc.  for  Order  Declaring  it  be  an  Incumbent  Local  Exchange  Carrier  in  Terry,  Montana  Pursuant  to  Section  251(  h)(  2); 
 WC  Docket  No.  02-  78 
 Today’s  decision  initiates  a  Notice  of  Proposed  Rulemaking  that  seeks  comment  on  how  section  251(  h)(  2)  of  the  Communications  Act  should  be  applied  to  the  request  by  Mid-  Rivers 
 Telephone  Cooperative,  Inc  (“  Mid-  Rivers”),  a  competitive  local  exchange  carrier  in  the  Terry,  Montana  exchange,  to  be  classified  as  an  incumbent  local  exchange  carrier  (“  ILEC”)  in  that 
 exchange. 
 Mid-  Rivers  filed  its  request  in  February  2002  and  the  Commission  sought  comment  on  that  request  in  April  2002.  1  In  its  petition,  Mid-  Rivers  declared  that  it  serves  approximately  97% 
 of  the  residential  and  business  access  lines  in  the  Terry  exchange  primarily  over  its  own  facilities.  Given  its  97%  share  of  the  local  exchange  market  in  Terry,  Montana,  Mid-  Rivers  asserts  that  it 
 meets  the  requirements  of  the  three  part  statutory  test  to  be  classified  as  an  ILEC.  Mid-  Rivers  asserts  that  its  overwhelming  market-  share  demonstrates  that  it:  “…  occupies  a  position  in  the 
 market  for  telephone  exchange  service  that  is  comparable  to  the  position  occupied  by  [the  ILEC];”  2  “has  substantially  replaced  the  ILEC…”  3  ;  and  that  the  “…  public  interest,  convenience, 
 and  necessity…”  4  is  served  by  recognition  of  its  de  facto  status  of  serving  virtually  all  the  customers  in  the  Terry  exchange  over  its  modern  network  facilities.  The  Mid-  Rivers’  petition 
 was  supported  by  the  Montana  Public  Service  Commission  and  the  incumbent  LEC  in  Terry,  Montana  did  not  file  in  opposition. 


 While  I  agree  that  this  petition--  which  has  been  pending  for  nearly  three  years--  raises  questions  regarding  some  of  the  Commission’s  fundamental  policies,  such  as  universal  service 
 and  local  competition,  I  believe  that  the  Commission  could  have  moved  forward  to  grant  the  petition  while  simultaneously  seeking  further  comment  on  these  policy  issues. 


 Accordingly,  I  concur  in  the  result  of  the  Order. 


 1  See  Mid-  Rivers  Telephone  Cooperative,  Inc.,  Petition  for  Order  Declaring  Mid-  Rivers  Telephone 
 Cooperative,  Inc.  an  Incumbent  Local  Exchange  Carrier  in  Terry,  MT,  WC  Docket  02-  78  (filed  Feb.  5,  2002). 
 2  See  47  USC  251(  h)(  2)(  A) 
 3  See  47  USC  251(  h)(  2)(  B) 
 4  See  47  USC  251(  h)(  2)(  C) 
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