[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Notices]
[Pages 13182-13183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6773]



[[Page 13182]]

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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 02-602]


Petition To Redefine the Service Area of Century Tel of the 
Southwest, Inc. in the State of New Mexico

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: In this document, the Common Carrier Bureau sought comment on 
Smith Bagley's petition requesting the Commission's consent to the New 
Mexico Public Regulation Commission's proposed ``service area'' 
definition for areas served by the Century Tel of the Southwest, Inc. 
(Century Tel) within New Mexico.

DATES: Comments are due on or before April 4, 2002. Reply comments are 
due on or before April 15, 2002.

ADDRESSES: See Supplementary Information section for where and how to 
file comments.

FOR FURTHER INFORMATION CONTACT: Richard D. Smith (202) 418-7400, TTY: 
(202) 418-0484.

SUPPLEMENTARY INFORMATION: On March 1, 2002, Smith Bagley filed with 
the Commission a petition, pursuant to section 54.207 of the 
Commission's rules, requesting the Commission's consent to the New 
Mexico Public Regulation Commission's (New Mexico Commission) proposed 
``service area'' definition for areas served by Century Tel of the 
Southwest, Inc. (Century Tel) within New Mexico. The New Mexico 
Commission proposes to define Smith Bagley's service area as an area 
different from the study area of Century Tel for the purpose of 
determining federal universal service obligations and support 
mechanisms. Specifically, the New Mexico Commission proposes to modify 
Smith Bagley's service area to include the Zuni, Ramah, and Fence Lake 
wire centers and Smith Bagley's existing service contour within the 
Pine Hill, Vanderwagn, Gallup, and Grants wire centers. The New Mexico 
Commission recommended that Century Tel's noncontiguous Pecos exchange 
be delineated as its own service area and that the exchanges served by 
Smith Bagley be grouped together as a second separate service area.
    If the Commission does not act on the petition within 90 days of 
the release of this Public Notice, the definition proposed by the New 
Mexico Commission will be deemed approved by the Commission and shall 
take effect in accordance with state procedures.
    The Petition: On February 19, 2002, the New Mexico Commission 
issued an order designating Smith Bagley as an eligible 
telecommunications carrier (ETC), under section 214(e) of the 
Communications Act of 1934, as amended (the Act), to receive federal 
universal service support for service provided in areas of New Mexico. 
In so doing, the New Mexico Commission concluded that it was in the 
public interest to designate Smith Bagley as an ETC in the study area 
of Century Tel, a rural telephone company.
    The New Mexico Commission conditioned Smith Bagley's ETC 
designation upon confirmation of its proposed service area designation 
by this Commission. In compliance with the request of the New Mexico 
Commission, Smith Bagley has filed a petition with the Commission 
seeking approval of the proposed modified service area definition.
    Commission Rules: For areas served by a rural telephone company, 
section 214(e)(5) provides that the company's service area will be its 
study area ``unless and until the Commission and the States, after 
taking into account the recommendations of a Federal-State Joint Board 
instituted under section 410(c), establish a different definition of 
service area for such company.'' Section 54.207 of the Commission's 
rules and the Universal Service Order, 62 FR 32962, June 17, 1997, set 
forth the procedures for consideration of petitions seeking to 
designate service areas for rural telephone companies that are 
different from such companies' study areas.
    Section 54.207(c)(3) of the Commission's rules provides that the 
Commission may initiate a proceeding to consider a petition to redefine 
the service area of a rural telephone company within ninety days of the 
release date of a Public Notice. If the Commission initiates a 
proceeding to consider the petition, the proposed definition shall not 
take effect until both the state commission and the Commission agree 
upon the definition of a rural service area, in accordance with section 
214(e)(5). If the Commission does not act on the petition within 90 
days of the release date of the Public Notice, the definition proposed 
by the state commission will be deemed approved by the Commission and 
shall take effect in accordance with state procedures. Under 
Sec. 54.207(e) of the Commission's rules, the Commission delegates its 
authority under Sec. 54.207(c) to the Chief of the Common Carrier 
Bureau.
    An original and four copies of all comments must be filed with 
William F. Caton, Acting Secretary, Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW., TW-B204, Washington DC 
20554. In addition, four copies of each comment must be delivered to 
Sheryl Todd, Common Carrier Bureau, 445 12th Street, SW., Room 5-A520, 
Washington, DC 20554, and one copy to Qualex International, Portals II, 
445 12th Street, SW., Room CY-B402, Washington DC, 20554. In accordance 
with the Commission's earlier Public Notice announcing that hand-
delivered or messenger-delivered filings are no longer accepted at the 
Commission's headquarters, hand-delivered or messenger-delivered 
filings must be delivered to 236 Massachusetts Avenue, NE, Suite 110, 
Washington, DC 20002. The filing hours at this location will be 8:00 
a.m. to 7:00 p.m. All hand deliveries must be held together with rubber 
bands or fasteners. Any envelopes must be disposed of before entering 
the building.
    Other messenger-delivered documents, including documents sent by 
overnight mail (other than United States Postal Service (USPS) Express 
Mail and Priority Mail), must be addressed to 9300 East Hampton Drive, 
Capitol Heights, MD 20743. This location will be open 8:00 a.m. to 5:30 
p.m. The USPS first-class mail, Express Mail, and Priority Mail should 
continue to be addressed to the Commission's headquarters at 445 12th 
Street, SW, Washington, DC 20554. The USPS mail addressed to the 
Commission's headquarters actually goes to our Capitol Heights facility 
for screening prior to delivery at the Commission.

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 If you are sending this type of document    It should be addressed for
      or using this delivery method--               delivery to--
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Hand-delivered or messenger-delivered       236 Massachusetts Avenue,
 paper filings for the Commission's          NE, Suite 110, Washington,
 Secretary.                                  DC 20002 (8 a.m. to 7
                                             p.m.).
Other messenger-delivered documents,        9300 East Hampton Drive,
 including documents sent by overnight       Capitol Heights, MD 20743
 mail (other than United States Postal       (8 a.m. to 5:30 p.m.).
 Service Express Mail and Priority Mail).

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United States Postal Service first-class    445 12th Street, SW.,
 mail, Express Mail, and Priority Mail.      Washington, DC 20554.
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    In addition to filing paper comments, parties are encouraged also 
to file comments electronically using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Document in 
Rulemaking Proceedings, 63 FR 24121, May 1, 1998. Comments filed 
through the ECFS can be sent as an electronic file via the Internet to 
http://www.fcc.gov/e.-file/ecfs.html. Generally, only one copy of an 
electronic submission must be filed. In completing the transmittal 
screen, commenters should include their full name, postal mailing 
address, and the applicable docket or rulemaking number. Parties may 
also submit an electronic comment by the Internet e-mail. To receive 
instructions, send an email to [email protected] and include the following 
words in the body of the message, ``get form your e-mail address>.'' A 
sample form and directions will be sent in reply.
    Pursuant to Sec. 1.1206 of the Commission's rules, 47 CFR. 1.1206, 
this proceeding will be conducted as a permit-but-disclose proceeding 
in which ex parte communications are permitted subject to disclosure.

Federal Communications Commission.
Anita Cheng,
Assistant Chief, Accounting Policy Division.
[FR Doc. 02-6773 Filed 3-20-02; 8:45 am]
BILLING CODE 6712-01-P