Subject: [NEXTEL-1] NEXTEL PARTNERS OF UPSTATE NEW YORK, INC. d/b/a NEXTEL PARTNERS PETITION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN THE STATE OF NEW YORK

From: [email-masked]
Date: Thu, 17 Jul 2003 15:22:02 -0400

DA 03-2329

WIRELINE COMPETITION BUREAU SEEKS COMMENT
ON NEXTEL PARTNERS OF UPSTATE NEW YORK, INC. d/b/a NEXTEL PARTNERS PETITION FOR
DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN THE STATE OF NEW YORK

PLEADING CYCLE ESTABLISHED

 CC Docket No. 96-45

   Release Date:  July 16, 2003

Comment Date:  10 days from publication in Federal Register
Reply Comment Date:  24 days from publication in Federal Register

On April 3, 2003, Nextel Partners of Upstate New York, Inc. d/b/a Nextel Partners
(Nextel), a commercial mobile radio service (CMRS) carrier, filed with the
Commission a petition under section 214(e)(6) seeking designation as an eligible
telecommunications carrier (ETC) to receive federal universal service support for
service offered in designated rural and non-rural areas of its licensed service
area in the state of New York.   On May 28, 2003, Nextel filed an amendment to its
petition further delineating its proposed service areas.   Specifically, Nextel
contends that: (1) the New York Public Service Commission (New York Commission)
has provided an affirmative statement that it does not regulate CMRS carriers;
(2) Nextel satisfies all the statutory and regulatory prerequisites for ETC
designation;  and (3) designating Nextel as an ETC will serve the public
interest.   The Wireline Competition Bureau seeks comment on the Nextel Petition.
Nextel must provide copies of its petition to the New York Commission.  The
Commission will also send a copy of this Public Notice to the New York Commission
by overnight express mail to ensure that the New York Commission is notified of
the notice and comment period.
 Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R. §§
1.415, 1.419, interested parties may file comments on or before 10 days from
publication in the Federal Register, and reply comments on or before 24 days from
publication in the Federal Register.  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 Fed. Reg. 24121 (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-masked], and should include the following words in the body of the
message, "get form <your e-mail address>."  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, Vistronix, Inc., will receive hand-delivered
or messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002.  The filing hours
at this location are 8:00 a.m. to 7:00 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, D.C. 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 S.W., Room 5-B540, Washington, D.C.
20554.  In addition, commenters must send diskette copies to the Commission's copy
contractor, Qualex International, Portals II, 445 12th Street, S.W., Room CY-B402,
Washington, D.C.  20054.

 Pursuant to section 1.1206 of the Commission's rules, 47 C.F.R. § 1.1206, this
proceeding will be conducted as a permit-but-disclose proceeding in which ex parte
communications are permitted subject to disclosure.

 For further information, contact Elizabeth Yockus, Telecommunications Access
Policy Division, Wireline Competition Bureau at (202) 418-7400, TTY (202)
418-0484.

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