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

FEDERAL COMMUNICATIONS COMMISSION

445 12th STREET, S.W.

WASHINGTON, D.C. 20554 **DA 99-1847**

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

**WESTERN WIRELESS CORPORATION PETITIONS FOR**

**DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER AND FOR RELATED
WAIVERS TO PROVIDE SERVICES ELIGIBLE FOR UNIVERSAL SERVICE SUPPORT TO
CROW RESERVATION, MONTANA**

**PLEADING CYCLE ESTABLISHED**

#  CC Docket No. 96-45

**Release Date: September 10, 1999**

**Comment Date: October 12, 1999**

**Reply Comment Date: October 27, 1999**

On August 4, 1999, Western Wireless Corporation's wholly-owned
subsidiaries, WWC Holding Co., Inc., and Western CLEC Corporation
(collectively, "Western Wireless"), submitted a petition pursuant to
Section 214(e)(6) of the Communications Act of 1934, as amended, seeking
designation by the Commission as an eligible telecommunications carrier
(ETC) to allow Western Wireless to provide services eligible for
universal service support to the Crow Reservation in Montana. Western
Wireless contends that its petition satisfies all the statutory
prerequisites for designation as a ETC, and it is not subject to the
jurisdiction of a state commission.[^1] Western Wireless also contends
that designation as a ETC in a service area partially served by a rural
telephone company will advance the public interest in this case.[^2]

In addition, Western Wireless requests waivers of certain rules to
facilitate its offering of services eligible for universal service
support throughout its designated service area. Specifically, Western
Wireless seeks a waiver of the rules that govern the support provided to
competitive ETCs, with respect to the amount of high cost and low-income
funding Western Wireless will receive as an ETC serving an Indian
reservation, and the timing of Western Wireless' receipt of those funds.
Western Wireless states that the Commission should grant this waiver to
recognize that the federal government bears a greater responsibility
than state commissions for addressing Indian economic development
issues, and that state support may not be available to ETCs designated
under Section 214(e)(6).[^3] Specifically, Western Wireless contends
that, since the Commission stands in the place of the state for purposes
of Section 214(e)(6), federal universal service support should provide
both the federal share and imputed state share of universal service
support.[^4] Western Wireless also requests that, rather than using a
national cost benchmark to determine the amount of support, the amount
of high cost support should be based on a unique benchmark developed
specifically for this purpose. Western Wireless requests the use of a
\$10 per line benchmark. Western Wireless also requests a waiver of 47
C.F.R. § 54.307 to allow Western Wireless to begin receiving universal
service support immediately upon providing services eligible for
universal service support to the Crow Reservation.

Western Wireless also seeks a waiver of 47 C.F.R. § 54.403 to enable the
federal universal service fund to provide both the federal share and the
state share of support for the Lifeline and Link-Up programs for
low-income individuals. Western Wireless contends that each of the
waiver requests satisfy the Commission's two-pronged waiver standard
(*i.e.*, that special circumstances justify the requested waivers, and
granting them would serve the public interest).[^5]

We seek comment on the issues raised in Western Wireless's petition. In
addition, we note that the Commission has recently sought comment on a
number of issues relating to unserved areas and tribal lands.[^6] To the
extent that Western Wireless raises similar or related issues in its
petition, we seek comment on the advisability of granting waivers during
the pendency of that proceeding.

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 **October 12, 1999**, and reply comments on or before **October
27, 1999**. 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 Richard D. Smith, Accounting Policy
Division, Common Carrier Bureau at (202) 418-7400, TTY (202) 418-0484.

[^1]: Western Wireless Corporation Petition for ETC Designation and
    Related Waivers (filed August 4, 1999)(*Petition*) at 7.

[^2]: *Id*. at 13-17.

[^3]: *Id*. at 19.

[^4]: *Id*.

[^5]: *Id*. at 17.

[^6]: *Extending Wireless Telecommunications Services To Tribal Lands*,
    WT Docket No. 99-266, Notice of Proposed Rulemaking, FCC 99-205
    (rel. Aug. 18, 1999). *Federal-State Joint Board on Universal
    Service: Promoting Deployment and Subscribership in Unserved and
    Underserved Areas, Including Tribal and Insular Areas*, CC Docket
    No. 96-45, Further Notice of Proposed Rulemaking, FCC 99-204 (rel.
    Sept. 3, 1999).