**DA 08-2575**

**Release Date: November 26, 2008**

**COMMENT SOUGHT ON A PETITION BY CELLULAR PROPERTIES, INC. FOR
AGREEMENT IN REDFINING THE SERVICE AREA OF CERTAIN TELEPHONE COMPANIES
IN ILLINOIS**

**CC Docket No. 96-45**

**Comment Date: December 26, 2008**

**Reply Comment: January 12, 2009**

The Wireline Competition Bureau seeks comment on a petition filed by
Cellular Properties, Inc., pursuant to section 54.207 of the
Commission's rules, requesting the Commission's agreement with the
decision of the Illinois Commerce Commission (Illinois Commission) to
redefine the service area of certain rural incumbent local exchange
carriers.[^1]

Section 54.207 of the Commission's rules, which implements section
214(e)(5) of the Communications Act of 1934, as amended (the Act),
provides that a rural telephone company's service area will be its study
area "unless and until the Commission and the states, after taking into
account recommendations of a Federal-State Joint Board instituted under
section 410(c) of the Act, establish a different definition of service
area for such company."[^2]

This is the public notice required by section 54.207(c)(2) of the
Commission's rules.[^3] If the Commission initiates a proceeding to
consider the Petition*,* it must do so within 90 days of the release
date of this public notice, pursuant to the Commission's rules.[^4] If
the Commission does not act on the Petition by **February 24, 2009**,
the definition proposed by the Illinois Commission will be deemed
approved by the Commission and shall take effect in accordance with
state procedures.[^5]

Interested parties may file comments on or before **December 26, 2008**,
and reply comments on or before **January 12, 2009**. All pleadings are
to reference **CC Docket No. 96-45**. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS), or by filing paper
copies.[^6]

-   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; phone: (202) 488-5300 fax: (202) 488-5563;

(2) Jennifer Prime, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5-B550, Washington,
    D.C. 20554; e-mail: Jennifer.Prime@fcc.gov; and

(3) David Duarte, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5B-441, Washington,
    D.C. 20554; e-mail: [David.Duarte@fcc.gov]{.underline}.

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.

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^7] 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.[^8] 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.[^9]

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

**- FCC -**

[^1]: *See* Petition by Cellular Properties, Inc. for Commission
    Agreement in Redefining the Service Areas of Rural Telephone
    Companies in the State of Illinois Pursuant to 47 C.F.R. Section
    54.207(c), CC Docket No. 96-45 (filed Nov. 13, 2008) (Petition); 47
    C.F.R. § 54.207. Pursuant to section 54.207(e), the Commission
    delegated authority to the Wireline Competition Bureau to consider
    redefinitions of rural telephone companies' service areas. 47 C.F.R.
    § 54.207(e).

[^2]: 47 C.F.R. § 54.207(b); 47 U.S.C. § 214(e)(5).

[^3]: 47 C.F.R. § 54.207(c)(2).

[^4]: 47 C.F.R. § 54.207(c)(3).

[^5]: *See* 47 C.F.R. § 54.207(c)(3)(ii).

[^6]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).

[^7]: 47 C.F.R. §§ 1.1200 *et seq*.

[^8]: *See* 47 C.F.R. § 1.1206(b)(2).

[^9]: 47 C.F.R. § 1.1206(b).