Subject: [NEXTEL-1] WCB- SEEKS COMMENT ON NEXTEL PARTNERS FOR WAIVER OF SECTIONS 54.307(C) AND 54.314(D) OF THE COMMISSION’S RULES

From: [email-masked]
Date: Fri, 13 Feb 2004 20:13:18 -0500

PUBLIC NOTICE
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Internet: http://www.fcc.gov
TTY: 1-888-835-5322
DA 04-384

Release Date: February 13, 2004

WIRELINE COMPETITION BUREAU SEEKS COMMENT ON
PETITION OF NCPR, INC. D/B/A NEXTEL PARTNERS FOR WAIVER OF SECTIONS
54.307(C) AND 54.314(D) OF THE COMMISSION’S RULES
CC Docket No. 96-45

Comment Date: February 27, 2004

Reply Comment Date: March 12, 2004

On December 11, 2003, NCPR, Inc. d/b/a Nextel Partners (Nextel Partners), a
competitive eligible communications carrier, filed a petition with the
Commission seeking
waiver of the December 30, 2002 deadline set forth in section 54.307(c)(4) of
the Commission’s
rules for filing line-count data with the Universal Service Administrative
Company (USAC).1 In
addition, Nextel Partners requests a waiver of the January 1, 2003 deadline set
forth in section
54.314(d)(2) of the Commission’s rules for the Iowa Utilities Board (Iowa Board)
to file an
annual certification with the USAC and the Commission stating that all universal
service highcost
support received by Nextel Partners will be used “only for the provision,
maintenance, and
upgrading of facilities and services for which support is intended.”2

Nextel Partners’ waiver request relates to its receipt of high-cost support and
interstate
common line support (ICLS) for service provided in the state of Iowa. Nextel
Partners contends
that granting its request for waiver of sections 54.307 and 54.314 is
appropriate in light of the
delay associated with its ETC designation. Specifically, Nextel Partners
contends that because
its ETC designation occurred on May 15, 2003, it was unable to meet the December
30, 2002

1 NCPR, Inc. d/b/a Nextel Partners Petition for Waiver – Expedited Treatment
Requested, filed Dec. 11, 2003
(Nextel Petition); 47 C.F.R. § 54.307(c).

2 See Nextel Petition at 1; 47 C.F.R. § 54.314(d). Section 54.314 of the
Commission’s rules provides that states
desiring rural ETCs to receive universal service high-cost support shall file an
annual certification with the USAC
and the Commission stating that all high-cost support received by such carriers
within such state will be used “only
for the provision, maintenance, and upgrading of facilities and services for
which support is intended.” 47 C.F.R. §
54.314(a). In instances where carriers are not subject to the jurisdiction of a
state, the Commission allows an ETC to
certify directly to the Commission and USAC that federal high-cost support will
be used in a manner consistent with
section 254(e). See 47 C.F.R. §54.314(b).

line count filing deadline and the Iowa Board could not have met the January 1,
2003
certification filing deadline, both of which must be satisfied to receive
support in second quarter
2003.3 Nextel Partners further argues that granting its waiver request will
advance the public
interest by promoting the availability of competitive telecommunications
services in underserved
areas in Iowa and adhering to the Commission’s principle of competitive
neutrality.4 Nextel
Partners therefore requests that the Commission grant its waiver request so that
it can receive
high-cost support and ICLS as of May 15, 2003, the date Nextel Partners received
its ETC
designation.

We invite comment on the Petition for Waiver. Pursuant to sections 1.415 and
1.419 of
the Commission’s rules, 47 C.F.R. §§ 1.415, 1.419, parties may file comments on
or before
February 27, 2004. Reply comments are due on or before March 12, 2004. Comments
may be
filed using the Commission’s Electronic Comment Filing System (ECFS) or by
filing paper
copies. 5

 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 email
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 firstclass
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, 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
3 Nextel Petition at 7.

4 Id. at 7. See also Federal-State Joint Board on Universal Service, CC Docket
96-45, Ninth Report and Order and
Eighteenth Order on Reconsideration, 14 FCC Rcd 20432, 20479-78, paras. 89-90
(1999) (Ninth Report and Order),
reversed in part and remanded in part, Qwest Corp. v. FCC, 258 F.3d 1191 (10th
Cir. 2001). See also Federal-
State Joint Board on Universal Service; Promoting Deployment of Subscribership
in Unserved and Underserved
Areas,Including Tribal and Insular Areas, CC Docket No. 96-45, Twelfth Report
and Order, Memorandum Opinion
and Order, and Further Notice of Proposed Rulemaking, 15 FCC Rcd 12208,
12264-65, para. 114 (2000)
(“competitively neutral access to … support is critical to ensuring all
Americans, including those that live in highcost
areas, have access to affordable telecommunications.”).

5 See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg.
24121 (1998).
overnight mail (other then 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 Thomas Buckley, Telecommunications Access
Policy
Division, Wireline Competition Bureau at (202) 418-7400, TTY (202) 418-0484.

http://www.fcc.gov/Daily_Releases/Daily_Business/2004/db0213/DOC-243911A1.pdf
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From: [email-masked]
Date: Fri, 13 Feb 2004 20:19:26 -0500

Why bother asking the FCC for a Wavier? Just call  Foolsner (Nextel's legal eagle)he
keeps his rubber wavier stamp in his top right-hand draw!

 
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