PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

1919 M STREET, N.W.

WASHINGTON, D.C. 20554 **DA 00-1119**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 TTY
202/418-0484 202/418-0485 Internet: http://www.fcc.gov ftp.fcc.gov

**Released: May 18, 2000**

**ALLTEL Corporation Files Petition for Waiver of Section 61.41 of the
Commission\'s Rules**

**[Pleading Cycle Established]{.underline}**

**CCB/CPD NO. 99-1**

**COMMENTS: July 3, 2000**

**REPLY COMMENTS: July 24, 2000**

**COMMENTS (INTERIM WAIVER): June 1, 2000**

**REPLY COMMENTS (INTERIM WAIVER): June 8, 2000**

On May 17, 2000, ALLTEL/Aliant filed a petition requesting that the
Commission grant it permission to convert 13 of the ALLTEL study areas
to price cap regulation under section 61.4(a)(3) of the Commission's
rules, 47 C.F.R. § 61.41(a)(3) and waive, on a temporary basis, section
61.41(b) of the Commission's rules, 47 C.F.R. § 61.41(b) to permit the
continued regulation of its remaining study areas as rate-of-return
companies.[^1]

In addition, ALLTEL/Aliant requests that the Commission grant, on an
expedited basis, an interim waiver of section 61.41(b) of the
Commission's rules to allow the merged company to continue to operate
the former Aliant exchanges under price cap regulation pending the
Commission's decision on ALLTEL/Aliant's request to elect price cap
regulation on a permanent basis for the ALLTEL study areas.

On June 30, 1999, the Commission approved a merger between ALLTEL and
Aliant.[^2] The Commission waived sections 61.41(c)(1), (2) and (d) of
the Commission\'s rules, 47 C.F.R. §§ 61.41(c)(1), (2) and (d), and any
other necessary provisions of its rules, to permit the continued
regulation of the ALLTEL incumbent local exchange companies as
rate-of-return companies and to permit Aliant Communications (Aliant) to
convert to rate-of-return regulation following the merger. In order to
prevent ALLTEL from circumventing the purpose of the Commission\'s rules
in sections 61.41(c) and (d), the Commission also required the merged
company to seek prior Commission approval if it ever decided to elect
price cap regulation.

This matter shall be treated as a \"permit-but-disclose\" proceeding in
accordance with the Commission\'s *ex parte* rules. *See* 47 C.F.R. §§
1.1200, 1.1206. 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 that a one or two sentence description
of the views and arguments presented is generally required. See 47
C.F.R. § 1.1206(b). 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, 47 C.F.R. § 1.1206(b).

Interested parties may file comments regarding the potential conversion
of 13 of ALLTEL's study areas no later than July 3, 2000. Reply comments
regarding this conversion request may be filed no later than July 24,
2000. In addition, interested parties may file comments regarding the
request that the former Aliant exchanges remain subject to price cap
regulation during the interim period no later than June 1, 2000. Reply
comments regarding the former Aliant exchanges request may be filed no
later than June 8, 2000. When filing comments, please reference the
internal file number: CCB/CPD 99-1.

An original and four copies of all comments and reply comments must be
filed with the Commission\'s Secretary, Magalie Roman Salas, Office of
the Secretary, Federal Communications Commission, 445-12^th^ Street,
S.W., TW-A325, Washington, D.C. 20554. In addition, one copy of each
pleading must be filed with International Transcription Services (ITS),
the Commission\'s duplicating contractor, at its office at 1231-20^th^
Street, N.W., Washington, D.C. 20036, and one copy with the Chief,
Competitive Pricing Division, 445-12^th^ Street, S.W., 5^th^ Floor,
Washington, D.C. 20554. The full text if this document is available for
public inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445-12^th^ Street, S.W., Room
CY-A257, Washington, D.C. 20554. This document may also be purchased
from the Commission's copy contractor, International Transcription
Service, Inc. (ITS), 1231-20^th^ Street, N.W., Washington, D.C. 20036,
telephone (202) 857-3800, facsimile 9202) 857-3805.

For further information, contact Joi Roberson Nolen, Competitive Pricing
Division, Common Carrier Bureau, (202) 418-1520.

**- FCC -**

[^1]: For purposes of this Public Notice, when discussing the company
    formed by the merger of ALLTEL and Aliant, we use the term
    "ALLTEL/Aliant" or the "merged company." When discussing only the
    ALLTEL exchanges, we use the term "ALLTEL." Similarly, when
    discussing the former Aliant exchanges, we use the term "Aliant."

[^2]: *See* ALLTEL Corporation, Petition for Waiver of Section 61.41 of
    the Commission's Rules and Applications for Transfer of Control, 14
    FCC Rcd 14, 191 (1999) (*ALLTEL/Aliant Order*).