[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Pages 38333-38334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16320]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket 96-45; DA 03-1929]


NPCR, Inc. d/b/a/ Nextel Partners Petition for Designation as an 
Eligible Telecommunications Carrier in the Commonwealth of Pennsylvania

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: In this document, the Wireline Competition Bureau sought 
comment on the Nextel Partners Pennsylvania (Nextel Partners PA) 
petition. Nextel Partners PA seeks designation as an eligible 
telecommunications carrier (ETC) to receive federal universal service 
support for service offered in those portions of their licensed service 
area located in rural study areas in Pennsylvania.

DATES: Comments are due on or before July 7, 2003. Reply comments are 
due on or before July 14, 2003.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. See Supplementary Information for further filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Karen Franklin, Attorney, Wireline 
Competition Bureau, Telecommunications Access Policy Division, (202) 
418-7400, TTY (202) 418-0494.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, CC Docket No. 96-45, released June 12, 2003. On April 3, 2003, 
NPCR, Inc. d/b/a/ Nextel Partners (Nextel Partners PA) filed with the 
Commission a petition under section 214(e)(6) of the Communications Act 
of 1934, as amended. In particular, Nextel Partners PA seeks 
designation as an eligible telecommunications carrier (ETC) to receive 
federal universal service support for service offered in those portions 
of Nextel Partners PA's licensed service area located in rural study 
areas in Pennsylvania currently served by Bentleyville Communications 
Company, Frontier Communications of Breezewood, Inc., Buffalo Valley 
Telephone Company, Frontier Communications of Canton, Inc., 
Commonwealth Telephone Company, Conestoga Telephone & Telegraph 
Company, Denver and Ephrata Telephone & Telegraph Company, Ironton 
Telephone Company, Lackwaxen Telecommunications Services, Inc., Laurel 
Highland Telephone Company, Mahanoy and Mahantongo Telephone Company, 
Marianna & Scenery Hill Telephone Company, North Eastern Pennsylvania 
Telephone Company, North Penn Telephone Company, Armstrong Telephone 
Company--North, Palmerton Telephone Company, Pennsylvania Telephone 
Company, Pymatuning Independent Telephone Company, South Canaan 
Telephone Company, Sugar Valley Telephone Company, Venus Telephone 
Corporation, and West Side Telecommunications.
    Nextel Partners PA contends that the Pennsylvania Public Utility 
Commission (Pennsylvania Commission) lacks jurisdiction to consider 
Nextel Partners PA's petition because wireless carriers are not subject 
to state jurisdiction in Pennsylvania. Hence, according to Nextel 
Partners PA, the Commission has jurisdiction under section 214(e)(6) to 
consider and grant its petition. Nextel Partners PA also maintains that 
it satisfies all the statutory and regulatory prerequisites for ETC 
designation, and that designating Nextel Partners PA as an ETC will 
serve the public interest.
    The petitioner must provide copies of its petition to the 
Pennsylvania Commission. The Commission will also send a copy of this 
Public Notice to the Pennsylvania Commission by overnight express mail 
to ensure that the Pennsylvania Commission is notified of the notice 
and comment period.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments as follows: 
comments are due July 7, 2003 and reply comments are due July 14, 2003. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by filing paper copies. See Electronic Filing of 
Documents 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. If multiple 
docket or rulemaking numbers appear in the caption of this proceeding, 
however, commenters must transmit one electronic copy of the comments 
to each docket or rulemaking

[[Page 38334]]

number referenced in the caption. In completing the transmittal screen, 
commenters should include their full name, U.S. Postal Service mailing 
address, and the applicable docket or rulemaking number. Parties may 
also submit an electronic comment by Internet e-mail. To get filing 
instructions for e-mail comments, commenters should send an e-mail to 
[email protected], and should include the following words in the body of the 
message, ``get form .'' A sample form 
and directions will be sent in reply.
    Parties who choose to file by paper must file an original and four 
copies of each filing. If more than one docket or rulemaking number 
appears in the caption of this proceeding, commenters must submit two 
additional copies for each additional docket or rulemaking number. 
Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Vistronix, Inc., 
will receive hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be sent to the Commission's 
Secretary, Marlene H. Dortch, Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554.
    Parties also must send three paper copies of their filing to Sheryl 
Todd, Telecommunications Access Policy Division, Wireline Competition 
Bureau, Federal Communications Commission, 445 12th Street SW., Room 5-
B540, Washington, DC 20554. In addition, commenters must send diskette 
copies to the Commission's copy contractor, Qualex International, 
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20054.
    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.
Paul Garnett,
Acting Assistant Division Chief, Wireline Competition Bureau 
Telecommunications Access Policy Division.
[FR Doc. 03-16320 Filed 6-26-03; 8:45 am]
BILLING CODE 6712-01-P