[Federal Register Volume 68, Number 127 (Wednesday, July 2, 2003)]
[Notices]
[Pages 39559-39560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16628]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 03-1959]


NPCR, Inc. d/b/a Nextel Partners Petition for Designation as an 
Eligible Telecommunications Carrier in Certain Rural and Non-Rural 
Service Areas in the State of Virginia

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: In this document, the Wireline Competition Bureau seeks 
comment on the NPCR, Inc. d/b/a/ Nextel Partners (Nextel Partners) 
petition. Nextel Partners is seeking designation as an eligible 
telecommunications carrier (ETC) to receive federal universal service 
support for service offered in those portions of Nextel Partners' 
licensed service area located in rural and non-rural areas in Virginia.

DATES: Comments are due on or before July 14, 2003. Reply comments are 
due on or before July 21, 2003.

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

FOR FURTHER INFORMATION CONTACT: Andy Firth, Attorney, Wireline 
Competition Bureau, Telecommunications Access Policy Division (202) 
418-2694, TTY (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, CC Docket No. 96-45, released June 16, 2003. On April 23, 2003, 
NPCR, Inc. d/b/a/ Nextel Partners (Nextel Partners) filed with the 
Commission a petition under section 214(e)(6) of the Communications Act 
of 1934, as amended, seeking designation as an eligible 
telecommunications carrier (ETC) to receive federal universal service 
support for service offered in those portions of Nextel Partners' 
licensed service area located in rural and non-rural areas in Virginia. 
Nextel Partners contends that the Virginia State Corporation Commission 
(Virginia Commission) lacks jurisdiction to consider Nextel Partners' 
petition because wireless carriers are not subject to state 
jurisdiction in Virginia. Hence, according to Nextel Partners, the 
Commission has jurisdiction under section 214(e)(6) to consider and 
grant its petition. Nextel Partners also maintains that it satisfies 
all the statutory and regulatory prerequisites for ETC designation.
    The petitioner must provide copies of its petition to the Virginia 
Commission. The Commission will also send a copy of this Public Notice 
to the Virginia Commission by overnight express mail to ensure that the 
Virginia 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 on or before July 14, 2003, and reply comments are due 
on or before July 21, 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, comments must transmit one electronic copy of the comments to 
each docket or rulemaking 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 your .'' 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 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.a to 
7 p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of

[[Page 39560]]

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. 03-16628 Filed 7-01-03; 8:45 am]
BILLING CODE 6712--01--M