[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Notices]
[Pages 36706-36708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12862]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 07-1239]


Wireline Competition Bureau Seeks Additional Comment on Promoting 
Deployment and Subscribership in Underserved Areas, Including ``Near 
Reservation'' Areas

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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[[Page 36707]]

SUMMARY: In this document, the Wireline Competition Bureau (Bureau) 
seeks additional comment on issues raised in the above docket related 
to what constitutes a ``near reservation'' area for federal Lifeline 
and Link-Up support purposes.

DATES: Comments are due on or before August 6, 2007. Reply comments are 
due on or before August 20, 2007.

ADDRESSES: All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, Room 5-A266, 445 12th Street, SW., Washington, DC. Comments 
may be submitted, identified by CC Docket No. 96-45, by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.fcc.gov. Follow the 
instructions for submitting comments on the Electronic Comment Filing 
System (ECFS) / http://www.fcc.gov/cgb/ecfs/.
     E-mail: To [email protected]. Include CC Docket 
No. 96-45 in the subject line of the message.
     Fax: To the attention of Dana Walton-Bradford at 202-418-
1932. Include CC Docket No. 96-45 on the cover page.
     Mail: All filings must be addressed to the Commission's 
Secretary, Marlene H. Dortch, Office of the Secretary, Federal 
Communications Commission, Room 5-A266, 445 12th Street, SW., 
Washington, DC. Parties should send a copy of their filings to Dana 
Walton-Bradford, Telecommunications Access Policy Division, Wireline 
Competition Bureau, Federal Communications Commission, Room 5-A321, 445 
12th Street, SW., Washington, DC 20554.
     Public inspection, purchase, or download: The full text of 
the document summarized here is available for inspection and copying 
during normal business hours in the FCC Reference Center, Portals II, 
225 12th Street, SW., Room CY-A257, Washington, DC 20504. The complete 
text of this document also may be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room, 
CY-B402, Washington, DC 20554, and may also be downloaded at: http://www.fcc.gov.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to [email protected] or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    Instructions: All submissions received must include the agency name 
and docket number. All comments received will be posted without change 
to http://www.fcc.gov/cgb/ecfs/, including any personal information 
provided. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Comment 
Filing Procedures'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.

FOR FURTHER INFORMATION CONTACT: Gina Spade, Wireline Competition 
Bureau, Telecommunications Access Policy Division, (202) 418-7400, or 
Dana Walton-Bradford, Wireline Competition Bureau, Telecommunications 
Access Policy Division, (202) 418-7400.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice in CC Docket No. 96-45, released March 12, 2007 (DA 07-1239). 
The full text of this document is available for inspection and copying 
during normal business hours in the FCC Reference Center, Portals II, 
445 12th St. SW., Room CY-A257, Washington, DC 20554. The complete text 
of this document also may be purchased from the Commission's copy 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room, 
CY-B402, Washington, DC 20554. The full text may also be downloaded at: 
http://www.fcc.gov. 1. By this document, the Bureau seeks to refresh 
the record on issues raised in the Twelfth Report and Order, 65 FR 
47941, August 4, 2000, and Twenty-Fifth Report and Order and Further 
Notice of Proposed Rulemaking, 68 FR 41936, July 16, 2003, in the above 
proceeding related to what constitutes a ``near reservation'' area for 
federal Lifeline and Link-Up support purposes. Because comments on the 
issue were filed several years ago, the passage of time and intervening 
developments have rendered the records developed by those commenters 
stale. Moreover, some issues raised by commenters may have become moot 
or irrelevant in light of intervening events. For these reasons, the 
Bureau requests that parties refresh the record with any new 
information or arguments they believe to be relevant to deciding the 
issues still pending. The refreshed record will enable the Commission 
to undertake appropriate consideration of the issue of how best to 
provide support through Lifeline and Link-Up to ``near reservation'' 
areas.
    2. In the Twelfth Report and Order, the Commission adopted a 
definition of ``tribal lands'' that included ``reservation'' and ``near 
reservation'' areas, as defined, at that time, in sections 20.1(v) and 
(r) of the Bureau of Indian Affairs (BIA) regulations. Subsequently, 
the Commission became aware that the term ``near reservation'' included 
wide geographic areas, extending substantially beyond the boundaries of 
reservations, that do not possess the same characteristics that 
warranted the targeting of support to reservations. As a result, the 
Commission issued an Order staying implementation of the enhanced 
Lifeline and Link-Up rules to the extent that they apply to qualifying 
low-income consumers located on ``near reservation'' areas.
    3. In the Further Notice accompanying the Tribal Stay Order and 
Further Notice, 65 FR 58721, October 2, 2000, the Commission sought 
additional comment on how to extend the enhanced Lifeline and Link-Up 
measures to qualifying low-income consumers living in areas or 
communities that are ``near reservations.'' Specifically, the 
Commission sought comment on how to define geographic areas that are 
adjacent to the reservations or are otherwise a part of the 
reservation's community of interest, in a manner that is consistent 
with its goal of targeting enhanced Lifeline and Link-Up support to the 
most underserved segments of the Nation. To the extent that using the 
BIA definition of ``near reservations'' to target support as intended 
in the Twelfth Report and Order was not effective, the Commission 
sought comment generally on how it might achieve its goal of serving 
geographically isolated, impoverished areas that are characterized by 
low subscribership.
    4. On May 21, 2003, in the Twenty-Fifth Order on Reconsideration, 
Report and Order, and Further Notice of Proposed Rulemaking, the 
Commission again sought comment on potential modifications to its rules 
regarding availability of enhanced Federal Lifeline and Link-Up 
assistance to qualifying low-income consumers living ``near 
reservations.'' In this follow-up, the Commission noted that few 
commenters filed in response to the 2000 Tribal Stay Order and Further 
Notice.

Comment Filing Procedures

    5. Pursuant to 1.415 and 1.419 of the Commission's rules, 47 CFR 
1.415, 1.419, interested parties may file comments are due on or before 
August 6, 2007 and reply comments are due on or before August 20, 2007. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by filing paper copies. Comments filed through the 
ECFS can be sent as an electronic file via the

[[Page 36708]]

Internet to http://www.fcc.gov/cgb/ecfs/. Generally, only one copy of 
an electronic submission must be filed. If multiple docket or 
rulemaking numbers appear in the caption of the proceeding, 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, in this case, CC Docket No. 96-45. 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 response. 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.
    6. Paper 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). Parties are strongly encouraged to 
file comments electronically using the Commission's ECFS.
    7. The Commission's contractor 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.
    8. All filings must be addressed to the Commission's Secretary, 
Marlene H. Dortch, Office of the Secretary, Federal Communications 
Commission, 445 12th Street, SW., Washington, DC 20554. Parties should 
also send a copy of their filings to Dana Walton-Bradford, 
Telecommunications Access Policy Division, Wireline Competition Bureau, 
Federal Communications Commission, Room 5-A321, 445 12th Street, SW., 
Washington, DC 20554, or by e-mail to [email protected]. 
Parties shall also serve one copy with the Commission's copy 
contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554, (202) 488-5300, or via 
e-mail to [email protected].
    9. Documents in CC Docket No. 96-45 will be available for public 
inspection and copying during business hours at the FCC Reference 
Information Center, Portals II, 445 12th St., SW., Room CY-A257, 
Washington, DC 20554. The documents may also be purchased from BCPI, 
telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, 
e-mail: [email protected].
    10. To request materials in accessible formats for people with 
disabilities (braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
    11. This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentations must contain summaries of the substance 
of the presentations and not merely a listing of the subjects 
discussed. More than a one-or two-sentence description of the views and 
arguments presented generally is required. Other requirements 
pertaining to oral and written presentations are set forth in section 
1.1206(b) of the Commission's rules.

Federal Communications Commission.
Kirk S. Burgee,
Chief of Staff, Wireline Competition Bureau.
[FR Doc. E7-12862 Filed 7-3-07; 8:45 am]
BILLING CODE 6712-01-P