Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | CC Docket No. 96-45          |
|                                  | *) |                              |
| Centennial Cellular Tri-State    | ** |                              |
| Operating Partnership and        |    |                              |
| Centennial Claiborne Cellular    | *  |                              |
| Corp.                            | *) |                              |
|                                  | ** |                              |
| Petition for Waiver of Section   |    |                              |
| 54.314(d) of the Commission's    | *  |                              |
| Rules                            | *) |                              |
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| Mississippi Public Service       |    |                              |
| Commission                       | *  |                              |
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| Petition for Waiver of Sections  | ** |                              |
| 54.313(d) and 54.314(d) of the   |    |                              |
| Commission's Rules               | *  |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: August 14, 2006 Released: August 14, 2006**

By the Chief, Wireline Competition Bureau:

# introduction

1.  In this Order, we grant a request from Centennial Cellular Tri-State
    Operating Partnership and Centennial Claiborne Cellular Corp.
    (collectively, Centennial) for waiver of the April 1, 2004 and
    October 1, 2004 certification deadlines in section 54.314(d) of the
    Commission's rules.[^1] We also grant a request of the Mississippi
    Public Service Commission (MPSC) for a waiver of the January 1, 2005
    certification deadline in sections 54.313(d) of the Commission's
    rules, so that Southern Telecommunications Company, LLC (Southern)
    is eligible to receive universal service support beginning in the
    second quarter of 2005.[^2]

# background

2.  Section 254(e) of the Communications Act of 1934, as amended (the
    Act), provides that "only an eligible telecommunications carrier
    designated under section 214(e) shall be eligible to receive
    specific Federal universal service support."[^3] Once a carrier is
    designated as an ETC, other requirements must be satisfied before a
    carrier can begin receiving high-cost universal service support.
    Section 254(e) requires that support shall be used "only for the
    provision, maintenance, and upgrading of facilities and services for
    which support is intended."[^4] To implement this statutory
    requirement, the Commission adopted an annual certification
    requirement. Sections 54.313 and 54.314 of the Commission's rules
    provide that states desiring ETCs to receive universal service
    high-cost support shall file an annual certification with the
    Universal Service Administrative Company (USAC) and the Commission
    stating that all high-cost support received by such carriers within
    such state will be used "only for the provision, maintenance, and
    upgrading of facilities and services for which support is
    intended."[^5] In instances where carriers are not subject to the
    jurisdiction of a state, the Commission allows an ETC to certify
    directly to the Commission and USAC that federal high-cost support
    will be used in a manner consistent with section 254(e).[^6]
    Sections 54.313 and 54.314 provide that the certification must be
    filed by October 1 of the preceding calendar year for ETCs to
    receive support beginning in the first quarter of the subsequent
    calendar year.[^7] If the October 1 deadline for first quarter
    support is missed, the certification must be filed by January 1 for
    support to begin in the second quarter, by April 1 for support to
    begin in the third quarter, and by July 1 for support to begin in
    the fourth quarter.[^8] The Commission established this schedule to
    allow USAC sufficient time to process section 254(e) certifications
    and calculate estimated high-cost demand amounts for submission to
    the Commission.[^9]

3.  *[Centennial's Petition for Waiver of Section
    54.314(d)]{.underline}*. Centennial requests a waiver of the April
    1, 2004, July 1, 2004, October 1, 2004 and January 1, 2005
    certification filing deadlines to allow Centennial to receive
    universal service support beginning as of August 10, 2004, the
    effective date of the decision of the MPSC designating Centennial as
    an ETC.[^10] Centennial states that the April 1, 2004 and the July
    1, 2004 filing deadlines fell prior to Centennial's rural ETC
    designation in Mississippi and therefore, the MPSC could not have
    met those deadlines as required for Centennial to receive support
    beginning on August 10, 2004.[^11] Centennial further states that,
    although the October 1, 2004 certification deadline came after
    Centennial's August 10, 2004 ETC designation, the timing did not
    allow sufficient time for the MPSC to consider Centennial's 2005
    universal service utilization plan prior to the October 1 deadline.
    Finally, Centennial states that, due to a widespread electrical
    power outage that affected state offices in Jackson, Mississippi,
    the MPSC was prevented from submitting its 2005 section 54.314
    certification by January 1, 2005.[^12]

4.  *[MPSC's Petition for Waiver of Certification Filing
    Deadlines]{.underline}*. MPSC requests a waiver of the January 1,
    2005 certification filing deadline to allow Southern to receive
    support in Mississippi beginning April 1, 2005.[^13] MPSC also
    requests a waiver of the January 1, 2005 certification filing
    deadline in section 54.314(d) to allow Centennial to receive support
    in Mississippi beginning April 1, 2005.[^14] MPSC states that a
    severe electrical problem closed MPSC's office building from
    December 27, 2004 through January 3, 2005. Because of the building
    closure, the MPSC was unable to complete and submit its universal
    service certifications for Southern and Centennial by the January 1,
    2005 certification filing deadline.[^15] MPSC filed the
    certifications on January 6, 2005.[^16] Approval of these waiver
    requests will allow Southern and Centennial to receive universal
    service support beginning April 1, 2005.

5.  *[Waiver Standard]{.underline}*. Generally, the Commission's rules
    may be waived for good cause shown.[^17] The Commission may exercise
    its discretion to waive a rule where the particular facts make
    strict compliance inconsistent with the public interest.[^18] In
    addition, the Commission may take into account considerations of
    hardship, equity, or more effective implementation of overall policy
    on an individual basis.[^19] Waiver of the Commission's rules is
    therefore appropriate only if special circumstances warrant a
    deviation from the general rule, and such a deviation will serve the
    public interest.[^20] Moreover, in demonstrating whether a waiver is
    warranted, the burden of proof rests with the petitioner.[^21]

# discussion

6.  *[Centennial's Petition for Waiver of Section
    54.314(d)]{.underline}*. We find good cause exists to waive the
    April 1, 2004 and October 1, 2004 certification filing deadlines
    contained in section 54.314 of the Commission's rules so that
    Centennial can receive support beginning August 10, 2004, the date
    of Centennial's designation as an ETC, and through 2005.[^22]
    Although section 54.314(d) requires states to meet deadlines for
    their certifications that competitive ETCs will use universal
    service support for its intended purposes, we believe in this case
    that Centennial has demonstrated that special circumstances warrant
    a deviation from the filing deadline in the Commission's rules and
    that a waiver is consistent with the public interest.

7.  The certification filing schedule set out in the Commission's rules
    was adopted to ensure that USAC has sufficient time to process the
    certifications prior to its submission of estimated support
    requirements to the Commission.[^23] Because Centennial did not
    receive its ETC designation until August 10, 2004, however, the MPSC
    could not have met, under any circumstances, the April 1, 2004
    certification filing deadline so that Centennial could receive
    support beginning August 10, 2004 and for the remainder of 2004.
    Further, we find that Centennial should not be denied support for
    all of 2005 due to MPSC's delay in submitting its certification by
    the October 1, 2004 deadline.[^24] As the Wireline Competition
    Bureau has determined in prior orders, it would be onerous to deny
    an ETC receipt of universal service support because of a delay
    beyond the control of Centennial.[^25] In this instance, moreover,
    these special circumstances outweigh any processing difficulties
    that USAC may face as a result of the late filed certifications. We
    therefore find that Centennial has demonstrated special
    circumstances that justify a waiver of section 54.314. Our grant of
    Centennial's waiver request will provide universal service support
    to Centennial beginning August 10, 2004, the date of its ETC
    designation.

8.  *[MPSC's Petition for Waiver of Sections 54.313(d) and
    54.314(d)]{.underline}*. We find that the MPSC has demonstrated that
    special circumstances warrant a waiver of the January 1, 2005
    certification filing deadline set forth in section 54.313(d) of the
    Commission's rules in order for Southern to be eligible to receive
    support effective April 1, 2005.[^26] The severe electrical problem
    that caused MPSC's office building to be closed from December 27,
    2004 through January 3, 2005 prevented MPSC from certifying Southern
    by the January 1, 2005 deadline.[^27] We find that closure of MPSC's
    offices due to the electrical problem was unforeseeable and it
    therefore would be unduly onerous to delay Southern's universal
    service support eligibility to July 1, 2005. Approval of MPSC's
    requested waiver of the January 1, 2005 certification deadline will
    allow Southern to be eligible for universal service at the beginning
    of the second quarter of 2005.

# ordering clauses

9.  Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 5(c), 214,
    and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§
    151, 154(i), 155(c), 214, and 254, and sections 0.91, 0.291, and 1.3
    of the Commission\'s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that
    the petition for waiver of the April 1, 2004 and October 1, 2004
    certification deadlines in section 54.314(d) of the Commission\'s
    rules, 47 C.F.R. § 54.314(d), filed by Centennial Cellular Tri-State
    Operating Partnership and Centennial Claiborne Cellular Corp. on
    January 21, 2005, IS GRANTED, as described herein.

10. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 5(c), 214, and
    254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
    154(i), 155(c), 214, and 254, and sections 0.91, 0.291, and 1.3 of
    the Commission\'s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that the
    petition for waiver of the July 1, 2004 and January 1, 2005
    certification deadlines in section 54.314(d) of the Commission\'s
    rules, 47 C.F.R. § 54.314(d), filed by Centennial Cellular Tri-State
    Operating Partnership and Centennial Claiborne Cellular Corp. on
    January 21, 2005, IS DISMISSED, as moot, as described herein.

11. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 5(c), 214, and
    254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
    154(i), 155(c), 214, and 254, and sections 0.91, 0.291, and 1.3 of
    the Commission\'s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that the
    petition for waiver of the January 1, 2005 certification deadline in
    sections 54.313(d) and 54.314(d) of the Commission\'s rules with
    respect to Southern Telecommunications Company, LLC, 47 C.F.R. §§
    54.313(d)(3)(ii) and 54.314(d)(2), filed by the Mississippi Public
    Service Commission on January 21, 2005, IS GRANTED, as described
    herein.

12. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 5(c), 214, and
    254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151,
    154(i), 155(c), 214, and 254, and sections 0.91, 0.291, and 1.3 of
    the Commission\'s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that the
    petition for waiver of the January 1, 2005 certification deadline in
    section 54.314(d) of the Commission\'s rules with respect to
    Centennial Cellular Tri-State Operating Partnership and Centennial
    Claiborne Cellular Corp., 47 C.F.R. § 54.314(d), filed by
    Mississippi Public Service Commission on January 21, 2005, IS
    DISMISSED, as moot, as described herein.

> FEDERAL COMMUNICATIONS COMMISSION

Thomas J. Navin

Chief

> Wireline Competition Bureau

[^1]: Centennial Cellular Tri-State Operating Partnership and Centennial
    Claiborne Cellular Corp., Petition for Waiver of Section 54.314(d)
    of the Commission's Rules, CC Docket No. 96-45, filed Jan. 21, 2005
    (Centennial Petition). *See* 47 C.F.R. § 54.314(d). We dismiss, as
    unnecessary and without prejudice, Centennial's request for waiver
    of the July 1, 2004 and January 1, 2005 certification deadlines in
    section 54.314(d) of the Commission's rules. *See infra* n.22.

[^2]: Mississippi Public Service Commission, Petition for Waiver of
    Section 54.314(d)(1) of the Commission's Rule, CC Docket No. 96-45,
    filed Jan. 21, 2005 (MPSC Petition). The MPSC erroneously requests a
    waiver of section 54.314(d) on behalf of Southern. Because Southern
    operates within the service territory of a non-rural incumbent local
    exchange carrier, a waiver of section 54.313(d) is necessary. *See*
    Letter from Bo Robinson, Chairman, Mississippi Public Service
    Commission to Marlene H. Dortch, Office of the Secretary, Federal
    Communications Commission (Jan. 12, 2005) (certifying, pursuant to
    47 C.F.R. § 54.313, that Southern's proposed use of universal
    service support for the year 2005 will be only used for the
    provision, maintenance, and upgrading of facilities and services for
    which the support is intended). *See* 47 C.F.R. §§ 54.313(d) and
    54.314(d)(1). We dismiss as moot MPSC's request for waiver of the
    January 1, 2005 certification deadline on behalf of Centennial.
    *See* *infra* n.22.

[^3]: 47 U.S.C. § 254(e). Section 214(e) of the 1996 Act provides that
    state commissions shall designate carriers as ETCs. 47 U.S.C. §
    214(e).

[^4]: 47 U.S.C. § 254(e).

[^5]: 47 C.F.R. §§ 54.313 and 54.314. The certification requirement for
    non-rural ETCs is found in section 54.313 of the Commission's rules.
    The certification requirement for rural ETCs is found in section
    54.314 of the Commission's rules.

[^6]: *See Federal-State Joint Board on Universal Service*, CC Docket
    No. 96-45, Fourteenth Report and Order and Twenty-Second Order on
    Reconsideration, *Multi-Association Group (MAG) Plan for Regulation
    of Interstate Services of Non-Price Cap Incumbent Local Exchange
    Carriers and Interexchange Carriers*, CC Docket No. 00-256, Report
    and Order, 16 FCC Rcd 11244, para. 189 (rel. May 23, 2001) (*Rural
    Task Force Order*); 47 C.F.R. § 54.314(b).

[^7]: 47 C.F.R. §§ 54.313(d)(3)(i), 54.314(d)(1).

[^8]: *See* 47 C.F.R. §§ 54.313(d)(3), 54.314(d).

[^9]: *See Rural Task Force Order*, 16 FCC Rcd at 11319, para. 191.
    Under the Commission's rules, USAC submits to the Commission
    estimated demand for the universal service support mechanisms,
    including high-cost support, two months prior to the beginning of
    each quarter. *See* 47 C.F.R. § 54.709(a)(3). Therefore, for the
    first quarter, USAC submits estimated demand amounts to the FCC on
    or before November 1. In order to submit an accurate estimate by
    that date, USAC needs to know which carriers have been certified
    under the Commission's rules no later than October 1.

[^10]: *See* Centennial Petition at 1.

[^11]: *Id*. at 4.

[^12]: *See* Centennial Petition at 5-6.

[^13]: Specifically, a waiver of section 54.313(d)(3)(ii) is required in
    order for Southern to receive universal service support beginning
    April 1, 2005. *See* 47 C.F.R. § 54.313(d)(3)(ii). *See infra* n. 1.

[^14]: The January 1 certification deadline is specifically referenced
    in section 54.314(d)(2) of the Commission's rules. *See* 47 C.F.R. §
    54.314(d)(2).

[^15]: *See* MPSC Petition at 1-2.

[^16]: *See* Centennial Petition at Exhibit B.

[^17]: 47 C.F.R. § 1.3.

[^18]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1164, 1166
    (D.C. Cir. 1990) ("*Northeast Cellular*").

[^19]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1159 (D.C. Cir. 1969);
    *Northeast Cellular*, 897 F.2d at 1166.

[^20]: *Northeast Cellular*, 897 F.2d at 1166.

[^21]: *Tucson Radio, Inc. v. FCC*, 452 F.2d 1380, 1382 (D.C. Cir.
    1971).

[^22]: Centennial does not need a waiver of the July 1, 2004
    certification filing deadline because a waiver of the April 1, 2004
    deadline will allow Centennial to receive universal service support
    from August 10, 2004, the date of its ETC designation, to the end of
    2004. Similarly, Centennial does not need a waiver of the January 1,
    2005 certification filing deadline because a waiver of the October
    1, 2004 deadline will allow Centennial to receive universal service
    support for all of 2005. Therefore, we dismiss, as moot,
    Centennial's request for waiver of the July 1, 2004 and January 1,
    2005 certification deadlines. *See* 47 C.F.R. § 54.314(d).

[^23]: *See Federal-State Joint Board on Universal Service, Western
    Wireless Corporation Petition for Waiver of Section 54.314 of the
    Commission's Rules and Regulations,* Order, CC Docket No. 96-45, 18
    FCC Rcd 14689, 14691-92, para. 7 (2003) (*Western Wireless Order*).

[^24]: We note that MPSC filed a letter stating that it does not oppose
    Centennial's petition for waiver. *See* Letter from Brian U. Kay,
    Executive Secretary, Mississippi Public Service Commission to
    Marlene H. Dortch, Secretary, Federal Communications Commission
    (Jan. 13, 2006). MPSC missed the January 1, 2005 filing deadline due
    to an electrical problem at its offices. *See infra* para. 8.

[^25]: *See, e.g*., *Western Wireless Order*, 18 FCC Rcd 14689,
    14691-92, para. 7; *Federal-State Joint Board on Universal Service,
    Midwest Wireless Iowa, L.L.C., Petition for Waiver of Sections
    54.313(d) and 54.314(d) of the Commission's Rules and Regulations*,
    Order, CC Docket No. 96-45, 19 FCC Rcd 10484, 10486, para. 7 (2004).
    Furthermore, the Commission's rules allow newly designated ETCs 60
    days to file their required data and certification. *See* 47 C.F.R.
    54.314(d)(6). The October 1 deadline fell less than 60 days after
    Centennial's designation so it was reasonable for the MPSC to file
    the certification by the next deadline of January 1.

[^26]: Because we have dismissed, as moot, Centennial's separate request
    for a waiver of the January 1, 2005 certification deadline, we find
    MPSC's similar request for a waiver of the January 1, 2005, on
    behalf of Centennial, is moot. *See supra* n.22.

[^27]: *See* MPSC Petition at 1-2.