[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Rules and Regulations]
[Pages 65424-65425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18770]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 51

[WC Docket No. 06-132, FCC 06-132]


Petition of Mid-Rivers Telephone Cooperative, Inc.

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Commission concludes that Mid-Rivers 
Telephone Cooperative, Inc. (Mid-Rivers) should be treated as an 
incumbent local exchange carrier (LEC) in the Terry, Montana local 
exchange (Terry exchange). The Commission also concludes that Mid-
Rivers' operations in the Terry exchange should remain subject to 
existing competitive LEC regulation for interstate purposes pending 
further Commission action. In addition, the Commission concludes that 
Qwest, the legacy incumbent LEC in the Terry exchange, should be 
subject to non-dominant regulation for its interstate 
telecommunications services in that exchange pending further action.

DATES: Effective October 11, 2006.

FOR FURTHER INFORMATION CONTACT: Adam Kirschenbaum, (202) 418-7280, 
Competition Policy Division, Wireline Competition Bureau. For 
additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Judith B. Herman at 202-418-0214, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (Order) in WC Docket No. 02-78, adopted August 31, 2006, and 
released October 11, 2006. The complete text of this document is 
available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554, telephone (800) 378-3160 or (202) 
863-2893, facsimile (202) 863-2898, or via e-mail at http://www.bcpiweb.com. It is also available on the Commission's Web site at 
http://www.fcc.gov.
    People with Disabilities: Contact the FCC to request materials in 
accessible formats (Braille, large print, electronic files, audio 
format, etc.) by e-mail at [email protected] or call the Consumer and 
Governmental Affairs Bureau at (202) 418-0531 (voice), (202) 418-7365 
(TTY).

Synopsis of the Report and Order

    The Commission concludes that Mid-Rivers satisfies the three-part 
test in section 251(h)(2) and should be treated as an incumbent LEC for 
purposes of section 251. Specifically, the Commission finds that the 
Terry exchange is the appropriate area for consideration under section 
251(h)(2)(A), that Mid-Rivers occupies a market position comparable to 
that of a traditional legacy incumbent LEC in the Terry exchange, that 
Mid-Rivers has ``substantially replaced'' Qwest in the Terry exchange, 
and that treating Mid-Rivers as an incumbent LEC for purposes of 
section 251 in the Terry exchange is consistent with the public 
interest. The Commission expects that the treatment of Mid-Rivers as an 
incumbent LEC for purposes of access charges, universal service support 
and other purposes will be addressed, as appropriate, in conjunction 
with the study area boundary waiver request that Mid-Rivers has stated 
it plans to file. Thus, Mid-Rivers remains subject to existing 
competitive LEC non-dominant regulation for its interstate 
telecommunications services pending further Commission action.
    Further, the Commission reduces the extent of regulation applicable 
to Qwest's interstate services in the Terry exchange. In the Notice of 
Proposed Rulemaking, 69 FR 69573, November 30, 2004, the Commission 
sought comment on the appropriate regulatory treatment of Qwest if the 
Commission found Mid-Rivers to be an incumbent LEC under section 
251(h)(2). In light of the record in the proceeding, the Commission 
concludes that Qwest should be treated as a non-dominant carrier in the 
Terry exchange for purposes of its interstate service offerings. If 
Qwest chooses, however, it may continue to operate pursuant to dominant 
carrier regulation since this might be more convenient for 
administrative purposes given the very small number of lines involved. 
If Qwest operates under non-dominant carrier regulation in the Terry 
exchange, to preserve the status quo pending further agency action, the 
Commission caps Qwest's carrier-to-carrier interstate switched exchange 
access rates in the Terry exchange at their level on the date the 
Commission adopted this Order. Qwest may, however, lower these rates 
subject to compliance with non-dominant carrier regulatory 
requirements. Additionally, Qwest may request additional deregulation 
in the Terry exchange by filing a formal petition for forbearance 
consistent with the relevant Commission rules, although it has not yet 
done so.

Paperwork Reduction Act

    This document does not contain new information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or modified ``information collection burden for small business concerns 
with fewer than 25 employees,'' pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking, 69 FR 69573, 
November 30, 2004. The Commission received no comments regarding the 
IRFA.
    In conformance with the RFA, we certify that the rules adopted 
herein will not have a significant economic impact on a substantial 
number of small entities. See 5 U.S.C. 605(b). Our rule treating Mid-
Rivers as an incumbent LEC pursuant to section 251(h)(2) will

[[Page 65425]]

affect only Mid-Rivers directly. Even if Mid-Rivers can be classified 
as a small entity, it does not constitute a ``substantial number of 
small entities'' for purposes of the RFA. In addition, we accord non-
dominant carrier status to Qwest's interstate telecommunications 
operations in the Terry exchange and cap Qwest's carrier-to-carrier 
switched access rates in the Terry exchange at their levels as of the 
date of adoption of this Order. We note that Qwest is not a small 
entity. In addition, it appears that our actions with regard to Qwest 
fall outside the scope of the RFA because they are rules of particular 
applicability involving rates and pricing. See generally 5 U.S.C. 
601(2).

Ordering Clauses

    Accordingly, It is ordered, pursuant to section 251(h)(2) of the 
Communications Act of 1934, as amended, 47 U.S.C. 251(h)(2), and Sec.  
51.223 of the Commission's rules, 47 CFR 51.2223, that Mid-Rivers 
Telephone Cooperative, Inc. will be treated as an incumbent local 
exchange carrier for purposes of section 251 in the Terry, Montana 
exchange, as described herein.
    It is Further Ordered that Qwest is relieved of its dominant 
carrier status for its interstate telecommunications services in the 
Terry exchange as described herein.
    It is Further Ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
 [FR Doc. E6-18770 Filed 11-7-06; 8:45 am]
BILLING CODE 6712-01-P