[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Notices]
[Pages 75243-75244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31969]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 03-3105]


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

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 Tennessee (Nextel Partners TN) petition. 
Nextel Partners TN seeks designation as an eligible telecommunications 
carrier (ETC) to receive federal universal service support for service 
offered in non-rural wire centers currently served by BellSouth and 
portions of the rural study area served by United Inter MT-TN (United).

DATES: Comments are due on or before January 9, 2004. Reply comments 
are due on or before January 23, 2004.

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 October 7, 2003. On June 12, 
2003, NPCR, Inc. d/b/a Nextel Partners (Nextel Partners TN) filed with 
the Commission a petition under section 214(e)(6) of the Communications 
Act of 1934, as amended. In particular, Nextel Partners TN seeks 
designation as an eligible telecommunications carrier (ETC) to receive 
federal universal service support for service offered in those portions 
of Nextel Partners TN's licensed service area located in rural study 
areas in Tennessee currently served by BellSouth and United Inter MT-TN 
(United).
    Nextel Partners TN contends that the Tennessee Regulatory Authority 
(TRA) does not regulate Commercial Mobile Radio Service and presents a 
letter from TRA acknowledging its lack of jurisdiction. Hence, 
according to Nextel Partners TN, the Commission has jurisdiction under 
section 214(e)(6) to consider and grant its petition. Nextel Partners 
TN also maintains that it satisfies all the statutory and regulatory 
prerequisites for ETC designation, and that designating Nextel Partners 
TN as an ETC will serve the public interest.
    In accordance with Sec.  54.207(c) of the Commission's rules, 
Nextel Partners TN requests that the Commission designate Nextel as an 
ETC in a service area defined along boundaries that differ from the 
incumbent rural local exchange carrier's study area boundaries. The 
service area requested by Nextel Partners TN for ETC designation 
partially covers United's study area. Nextel Partners TN requests a 
redefinition of United's rural service area so each wire center in 
United's study area is a separate service area. Nextel Partners TN 
intends to serve each proposed wire center in its entirety. Nextel 
Partners TN maintains that the proposed redefinition of service areas 
for ETC purposes is consistent with the factors to be considered when 
redefining a rural telephone company service area, as enumerated by the 
Federal-State Joint Board on Universal Service. (Joint Board). The 
Wireline Competition Bureau seeks comment on the Nextel Partners TN 
Petition.
    The petitioner must provide copies of its petition to the TRA. The 
Commission will also send a copy of this public notice to the TRA by 
overnight express mail to ensure that the TRA 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 January 9, 2004 and reply comments are due January 23, 
2004. 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,

[[Page 75244]]

Natek, 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 filing electronic media should be advised that the 
Commission released a public notice on August 22, 2003 providing new 
guidance for mailing electronic media.\1\ In brief, electronic media 
should not be sent through USPS because of the eradiation process USPS 
mail must undergo to complete delivery. Hand or messenger delivered 
electronic media for the Commission's Secretary should be addressed for 
delivery to 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002, and other messenger-delivered electronic media should be 
addressed for delivery to 9300 East Hampton Drive, Capitol Heights, MD 
20743.
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    \1\ Reminder--Filing Locations for Paper Documents and 
Instructions for Mailing Electronic Media, Public Notice, DA 03-2730 
(rel. Aug. 22, 2003).
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    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 20554.
    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.
Eric N. Einhorn,
Chief, Wireline Competition Bureau, Telecommunications Access Policy 
Division.
[FR Doc. 03-31969 Filed 12-29-03; 8:45 am]
BILLING CODE 6712-01-P