[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Notices]
[Pages 75562-75563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32116]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 03-3824]


ALLTEL Communications, Inc. for Designation as an Eligible 
Telecommunications Carrier and Rural Service Area Redefinition in North 
Carolina

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 ALLTEL Communications, Inc. (ALLTEL) petition. ALLTEL is 
seeking designation as an eligible telecommunications carrier (ETC) to 
receive federal universal service support for service offered 
throughout its licensed service area in the state of North Carolina. 
ALLTEL also requests that the Commission redefine certain rural service 
areas.

DATES: Comments are due on or before January 12, 2004. Reply comments 
are due on or before January 26, 2004.

ADDRESSES: Federal Communications Commission, 445 12th 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) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice, CC Docket No. 96-45, released November 26, 2003. On August 26, 
2003, ALLTEL filed with the Commission a petition pursuant to section 
214(e)(6) of the Communications Act of 1934, as amended, so that it can 
receive Federal universal service support in the state of North 
Carolina. ALLTEL also requests that the Commission redefine certain 
rural service areas pursuant to section 54.207 of the Commission's 
rules. ALLTEL provides commercial mobile radio services and seeks 
federal universal service support for its service offered in non-rural 
wire centers currently served by BellSouth Telecomm Inc., Verizon 
South, Inc.-NC, Verizon South, Inc. (CONTEL), and North State Telephone 
Co., and for service offered in rural wire centers currently served by 
ALLTEL Carolina, Inc., Atlantic Telephone Membership, Central Telephone 
Co., Concord Telephone Company, Ellerbe Telephone Co. Inc., Lexcom 
Telephone Company, Mebtel Inc., Piedmont Telephone Membership, 
Pineville Telephone Co., Randolph Telephone Co., Randolph Telephone 
Membership, Service Telephone Co., Sprint Mid-Atlantic, Star Telephone 
Membership, Surry Telephone Membership, Tri-County Telephone 
Membership, and Yadkin Valley Telephone Membership. ALLTEL has 
requested that the Commission consider ALLTEL's request to become an 
ETC in non-rural service areas separately from its rural area ETC 
designation requests, if such bifurcation would expedite Commission 
action on ALLTEL's ETC petitions as they relate to the non-rural 
service areas.
    ALLTEL asserts that the North Carolina Utilities Commission (North 
Carolina Commission) does not regulate commercial mobile radio service 
providers for purposes of ETC designations and presents an order from 
the North Carolina Commission asserting its lack of jurisdiction. 
Hence, according to ALLTEL, the Commission has jurisdiction under 
section 214(e)(6) to consider and grant its petition. ALLTEL also 
maintains that it satisfies all the statutory and regulatory 
prerequisites for ETC designation and that designating ALLTEL as an ETC 
in areas served by rural LECs will serve the public interest.
    In accordance with section 54.207 of the Commission's rules, ALLTEL 
requests that the Commission designate ALLTEL as an ETC in a service 
area defined along boundaries that differ from the incumbent rural 
local exchange carriers' study area boundaries. The service area 
requested by ALLTEL for ETC designation partially covers the study 
areas of ALLTEL Carolina, Inc., Central Telephone Company and Surry 
Telephone Membership Corporation. ALLTEL requests a redefinition of 
these rural service areas so each wire center in each of the respective 
study areas is designated as a separate service area. ALLTEL limits its 
redefinition request to those wire centers that ALLTEL serves in its 
entirety and notes that where ALLTEL serves only a portion of a wire 
center, it does not request ETC status for that wire center. ALLTEL 
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.
    The petitioner must provide copies of its petition to the North 
Carolina Commission. The Commission sent a copy of this Public Notice 
to the North Carolina Commission by overnight express mail to ensure 
that the North Carolina 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 January 12, 2004, and reply comments are 
due on or before January 26, 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/

[[Page 75563]]

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, 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.
Sharon Webber,
Deputy Chief, Wireline Competition Bureau, Telecommunications Access 
Policy Division.
[FR Doc. 03-32116 Filed 12-30-03; 8:45 am]
BILLING CODE 6712-01-P