PUBLIC NOTICE![](media/image1.png){width="0.95in"
height="0.9055555555555556in"}

FEDERAL COMMUNICATIONS COMMISSION

445 12th STREET, S.W.

WASHINGTON, D.C. 20554 **DA 00-1882**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

COMMON CARRIER BUREAU SEEKS COMMENT ON

WESTERN WIRELESS CORPORATION PETITION TO REJECT

RURAL TELEPHONE COMPANY SELF-CERTIFICATION FILED BY

VALOR TELECOMMUNICATIONS SOUTHWEST, LLC

# 

# CC Docket No. 96-45

### 

### Released: August 17, 2000

**Comment Date: September 18, 2000**

**Reply Date: October 3, 2000**

On October 21, 1999, the Commission required rural carriers serving
study areas with more than 100,000 access lines to file certification
letters by July 1, 2000.[^1] The Commission required such carriers to
explain how they meet the criteria set forth in the definition of "rural
telephone company" in section 153(37) of the Communications Act (Act),
as amended.[^2] Specifically, the Commission required a carrier
self-certifying as a rural telephone company as defined in section
153(37)(A) to include a description of the study areas in which it
provides service and the basis for its assertion that it meets the
requirements of this subsection.[^3] Similarly, the Commission required
a carrier self-certifying as a rural telephone company as defined in
section 153(37)(D) to include a list of all communities to which it
provides service, the population of those communities, the number of its
access lines serving those communities, and the total number of access
lines it serves.[^4] In subsequent years, carriers serving study areas
with more than 100,000 access lines need only file certification letters
if their status changes.[^5]

On June 27, 2000, Valor Telecommunications Southwest, LLC on behalf of
Valor Telecommunications of New Mexico and Valor Telecommunications of
Texas (collectively, Valor) filed its rural certification letter stating
it meets the criteria in section 153(37)(D). On July 27, 2000, Western
Wireless Corporation (Western Wireless) filed a Petition to Reject Rural
Telephone Company Self-Certification requesting that the Commission
reject the self-certification letter filed by Valor requesting to have
those carriers certified as rural telephone companies under section
153(37) of the Act. Western Wireless claims that Valor does not qualify
as a rural telephone company under section 153(37)(D) because Valor was
not a local exchange carrier on the date of enactment of the
Telecommunications Act of 1996 (1996 Act),[^6] and Valor did not have
"less than 15 percent of its access lines in communities of more than
50,000"on the date the 1996 Act was adopted. Western Wireless further
argues that Valor is purchasing exchanges from GTE that have already
been disqualified from satisfying the section 153(37)(D) definition
because GTE had substantially more than 15 percent of its access lines
communities of more than 50,000 on February 8, 1996. Finally, Western
Wireless claims that Valor's claimed rural telephone company status
would prejudice the eligible telecommunications carrier status of
prospective competitive entrants such as Western Wireless.

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 **September 18, 2000**, and reply comments on or before **October
3, 2000**. 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. 24,121
(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, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit electronic comments by
Internet e-mail. To receive filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, 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. All filings must be
sent to the Commission\'s Secretary, Magalie Roman Salas, Office of the
Secretary, Federal Communications Commission, 445 12th Street, S.W.,
Washington, D.C. 20554.

Parties also must send three paper copies of their filing to Sheryl
Todd, Accounting Policy Division, Common Carrier Bureau, Federal
Communications Commission, 445 Twelfth Street S.W., Room 5-B540,
Washington, D.C. 20554. In addition, commenters must send diskette
copies to the Commission\'s copy contractor, International Transcription
Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20037.

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 Katie King, Accounting Policy Division,
Common Carrier Bureau, at (202) 418-7400, TTY (202) 418-0484.

[^1]: *See Federal-State Joint Board on Universal Service,
    Forward-Looking Mechanism for High Cost Support for Non-Rural LECs*,
    CC Docket Nos. 96-45, 97-160, Tenth Report and Order, 14 FCC Rcd
    20156, 20350-58 (1999) (*Tenth Report and Order*).

[^2]: *See* 47 U.S.C. § 153(37). The Commission determined that it could
    easily determine whether a carrier satisfies the criteria in
    subsections 153(37)(B) or (C) and only required additional
    information if the carrier claims rural status under the criteria in
    subsection 153(37)(A) or (D). Section 153(37)(B) provides that a
    local exchange carrier operating entity is deemed a rural telephone
    company to the extent that such entity "provides telephone service,
    including exchange access, to fewer than 50,000 access lines."
    Section 153(37)(C) provides that a local exchange carrier operating
    entity is deemed a rural telephone company to the extent that such
    entity "provides telephone exchange service to any local exchange
    carrier study area with fewer than 100,000 access lines. Thus, a
    carrier serving study areas with more than 100,000 access lines
    could not, by definition, meet the criteria set forth in section
    153(37)(B) or (C). *See* *Tenth Report and Order*, 14 FCC Rcd at
    20354.

[^3]: Section 153(37)(A) provides that a local exchange carrier
    operating entity is deemed a rural telephone company to the extent
    that such entity -- "provides common carrier service to any local
    exchange carrier study area that does not include either -- (i) any
    incorporated place of 10,000 inhabitants or more, or any part
    thereof, based on the most recently available population statistics
    of the Bureau of the Census; or (ii) any territory, incorporated or
    unincorporated, included in an urbanized area, as defined by the
    Bureau of the Census as of August 10, 1993." 47 U.S.C. § 153(37)(A).
    *See also Tenth Report and Order*, 14 FCC Rcd at 20354-55.

[^4]: Section 153(37)(D) provides that a local exchange carrier
    operating entity is deemed a rural telephone company to the extent
    that such entity -- "has less than 15 percent of its access lines in
    communities of more than 50,000 on the date of enactment of the
    Telecommunications Act of 1996." 47 U.S.C. § 153(37)(D). *See also
    Tenth Report and Order*, 14 FCC Rcd at 20358.

[^5]: *Tenth Report and Order*, 14 FCC Rcd at 20352, 20355.

[^6]: Pub. L. No. 104, 110 Stat. 56 (1996). *See also note* 4, *supra*.