[Federal Register Volume 68, Number 211 (Friday, October 31, 2003)]
[Notices]
[Pages 62077-62078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27428]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 03-3112]


Wireline Competition Bureau Seeks Comment on Western Wireless 
Corporation Petition To Reject Rural Telephone Company Self-
Certification Filed by Valor Telecommunications of Texas, LP, for the 
State of Oklahoma

AGENCY: Federal Communications Commission

ACTION: Notice; solicitation for comments.

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SUMMARY: In this document the Commission invites comment on

[[Page 62078]]

Western Wireless's petition to reject Valor's self-certification as a 
rural telephone company in the state of Oklahoma.

DATES: Submit comments on or before December 1, 2003 and reply comments 
on or before December 15, 2003.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554, Room TW-B204. See Supplemental Information for 
further filing instructions.

FOR FURTHER INFORMATION CONTACT: Sheryl Todd (202) 418-7400 TTY: (202) 
418-0484.

SUPPLEMENTARY INFORMATION: On June 30, 2003, Valor Telecommunications 
of Texas, LP (Valor) filed a rural self-certification letter stating 
that it meets the criterion set forth in section 153(37)(D) of the Act 
for all its study areas in the states of Texas (which includes a small 
portion in Arkansas), Oklahoma, and New Mexico. Valor had previously 
self-certified its Texas and New Mexico study areas as rural telephone 
company study areas on June 27, 2000. Valor states that it now also 
meets the criterion for certification of its Oklahoma study area as a 
rural telephone company study area as a result of a merger among Valor 
Telecommunications of Texas, LP, Valor Telecommunications of Oklahoma, 
LLC, and Valor Telecommunications of New Mexico, LLC.
    On September 16, 2003, Western Wireless Corporation (Western 
Wireless) filed a petition requesting that the Commission reject 
Valor's self-certification as a rural carrier in the state of Oklahoma. 
Western Wireless previously filed a similar petition to reject Valor's 
self-certification as a rural telephone company in Texas and New 
Mexico, and the Commission asked for and received public comment on 
that petition. Western Wireless now claims, similar to its arguments in 
its petition opposing Valor's self-certifications in Texas and New 
Mexico, that Valor does not qualify as a rural telephone company in 
Oklahoma under section 153(37)(D) because Valor was not a local 
exchange carrier on the date of enactment of the Telecommunications Act 
of 1996 (1996 Act) and Valor did not have ``less than 15 percent of its 
access lines in communities of more than 50,000'' on the date that the 
1996 Act was adopted. Western Wireless further argues that any 
interpretation of section 153(37)(D) that would allow Valor to qualify 
as a rural telephone company as a consequence of its purchase of 
exchanges from GTE would subvert the Commission's policy to ``prevent 
carriers from subdividing study areas to gain an advantage under the 
[universal service] rules.'' Western Wireless also argues that it would 
be anti-competitive for Valor's claimed rural telephone company status 
to potentially prejudice the Eligible Telecommunications Carrier (ETC) 
status of competitive entrants. Finally, Western Wireless argues that 
Valor cannot use an internal corporate reorganization as a means to 
acquire rural telephone company status.
    We invite comment on Western Wireless's petition to reject Valor's 
self-certification as a rural telephone company in the state of 
Oklahoma. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, interested parties may file comments on or before December 1, 
2003, and reply comments on or before December 15, 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 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, Natek, 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 addressed to the 
Commission's Secretary, Marlene H. Dortch, Office of the Secretary, 
Federal Communications Commission.
    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, this proceeding 
will be conducted as a permit-but-disclose proceeding in which ex parte 
communications are permitted subject to disclosure.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-27428 Filed 10-30-03; 8:45 am]
BILLING CODE 6712-01-P