**DA 08-2102**

**Released: September 17, 2008**

**COMMENT SOUGHT ON STATE OF IOWA PETITION FOR WAIVER OF AND RELIEF FROM
E-RATE RULES ON BEHALF OF VICTIMS OF IOWA STORMS AND FLOODS**

**PLEADING CYCLE ESTABLISHED**

**CC Docket No. 02-6**

**Comment Date: October 1, 2008**

**Reply Comment Date: October 8, 2008**

On August 21, 2008, the State of Iowa (Iowa) filed a petition for waiver
of and relief from rules pertaining to the schools and libraries
universal service support mechanism, also known as the E-rate
program.[^1] In the late spring and summer of 2008, Iowa experienced
tornadoes and heavy rainfall that resulted in extensive flooding. Iowa
estimates the replacement costs for E-rate eligible services in damaged
schools and libraries to be approximately \$3 million.[^2] Iowa requests
relief similar to the E-rate program relief that was granted to
Hurricane Katrina victims.[^3] Among other things, Iowa requests that
the Commission:

-   re-open the Funding Year 2008 FCC Form 471 filing window for all
    applicants affected by the storms and floods in Iowa;

-   allow affected eligible entities to receive 90 percent discounts for
    reconstruction and/or temporary services;

-   waive the technology plan approval requirement for services
    requested within the window; and

-   extend applicable form deadlines for affected entities.[^4]

Interested parties may file **comments on or before October 1, 2008**
and **reply comments on or before October 8, 2008**. All pleadings are
to reference **CC Docket No. 02-6**. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS) or by filing paper
copies.[^5]

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/>.
    Filers should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the comments for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers 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, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message, "get form."
    A sample form and directions will be sent in response.

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-   Paper Filers: 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, filers
    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). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

The Commission's contractor 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]{.underline} 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, Express, and
Priority mail should be addressed to 445 12th Street, S.W., Washington
D.C. 20554.

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 <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

**In addition, one copy of each pleading must be sent to each of the
following:**

(1) The Commission's duplicating contractor, Best Copy and Printing,
    Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554,
    [www.bcpiweb.com](http://www.bcpiweb.com/); phone: 202-488-5300 fax:
    202-488-5563; and

(2) Antoinette Stevens, Telecommunications Access Policy Division,
    Wireline Competition Bureau, 445 12th Street, S.W., Room 5B-521,
    Washington, D.C. 20554; e-mail: <antoinette.stevens@fcc.gov>; and

(3) Anita Cheng, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W. Room 5-A445, Washington,
    D.C. 20554; e-mail: <anita.cheng@fcc.gov>.

Filings and comments are also available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington,
D.C. 20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
S.W., Room CYB402, Washington, D.C. 20554, telephone: 202-488-5300, fax:
202-488-5563, or via e-mail [www.bcpiweb.com](http://www.bcpiweb.com/).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^6] Persons making
oral *ex parte* presentations are reminded that memoranda summarizing
the presentations must contain summaries of the substance of the
presentation 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.[^7] Other rules pertaining to oral and
written *ex parte* presentations in permit-but-disclose proceedings are
set forth in section 1.1206(b) of the Commission's rules.[^8]

For further information, please contact Anita Cheng, Telecommunications
Access Policy Division, Wireline Competition Bureau, at 202-418-7400 or
TTY (202) 418-0484.

\- FCC -

[^1]: *See* Petition for Waiver and Relief of E-Rate Rules on Behalf of
    Victims of Iowa Storms and Floods, CC Docket No. 02-6 (filed Aug.
    22, 2008) (Iowa Petition).

[^2]: Iowa Petition at 3.

[^3]: *Id.* at 3; *see Federal-State Joint Board on Universal Service,
    Schools and Libraries Universal Service Support Mechanism, Rural
    Health Care Support Mechanism, Lifeline and Link-Up*, CC Docket Nos.
    96-45, 02-6, WC Docket Nos. 02-60, 03-109, Order, 20 FCC Rcd 16883,
    16904 (2005). 

[^4]: Iowa Petition at 5-6.

[^5]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).

[^6]: 47 C.F.R. §§ 1.1200 *et seq*.

[^7]: *See* 47 C.F.R. § 1.1206(b)(2).

[^8]: 47 C.F.R. § 1.1206(b).