**DA 02-1152**

WIRELINE COMPETITION BUREAU SEEKS COMMENT

ON VIRGINIA CELLULAR LLC PETITION FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER IN THE STATE OF VIRGINIA

PLEADING CYCLE ESTABLISHED

**CC Docket No. 96-45**

**Release Date: May 15, 2002**

**Comments Due: May 24, 2002**

**Reply Comments Due: May 31, 2002**

On April 26, 2002, Virginia Cellular LLC (Virginia Cellular) filed with
the Commission a petition under section 214(e)(6) seeking designation as
an eligible telecommunications carrier (ETC) to receive federal
universal service support for service offered throughout its licensed
service area in the state of Virginia.[^1] Specifically, Virginia
Cellular contends that: (1) the Commonwealth of Virginia State
Corporation Commission (Virginia Commission) has provided an affirmative
statement that it does not regulate commercial mobile radio service
(CMRS) carriers and that Virginia Cellular, as a CMRS provider, should
apply to the Commission for ETC designation;[^2] (2) Virginia Cellular
satisfies all the statutory and regulatory prerequisites for ETC
designation;[^3] (3) designating Virginia Cellular as an ETC will serve
the public interest.[^4]

Pursuant to section 54.207(c) of the Commission's rules,[^5] Virginia
Cellular also requests that the Commission redefine the service areas of
three rural telephone companies --- Shenandoah Telephone Company
(Shenandoah), Mountain Grove-Williamsville Telephone Company (MGW) and
Clifton Forge Waynesboro Telephone Company (CFW).[^6] Virginia Cellular
seeks redefinition of the Shenandoah, MGW, and CFW service areas because
its authorized service area does not fully encompass the three rural
telephone company service areas.[^7] Virginia Cellular maintains that
the proposed redefinition of the Shenandoah, MGW, and CFW service areas
is consistent with the factors to be considered when redefining a rural
telephone company service area, as enumerated by the Federal-State Joint
Board on Universal Service (Joint Board).[^8] The Wireline Competition
Bureau seeks comment on the Virginia Cellular Petition.

The petitioner must provide copies of its petition to the Virginia
Commission at the time of filing with the Commission. The Commission
will also send a copy of this Public Notice to the Virginia Commission
by overnight express mail to ensure that the Virginia Commission is
notified of the notice and comment period.

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 **May 24, 2002**, and reply comments on or before **May 31,
2002**. 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. 24121 (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, 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 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
appear in the caption of this proceeding, commenters 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). The Commission\'s contractor, Vistronix, Inc., 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 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 mail, Express
Mail, and Priority Mail should be addressed to 445 12th Street, SW,
Washington, D.C. 20554. All filings must be addressed to the
Commission\'s Secretary, Marlene H. Dortch, Office of the Secretary,
Federal Communications Commission.

Parties also must send three paper copies of their filing to Sheryl
Todd, Telecommunications Access Policy Division, Wireline Competition
Bureau, Federal Communications Commission, 445 12th Street S.W., Room
5-B540, Washington, D.C. 20554. In addition, commenters must send
diskette copies to the Commission\'s copy contractor, Qualex
International, Portals II, 445 12th Street, S.W., Room CY-B402,
Washington, D.C. 20054.

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 Anita Cheng, Telecommunications Access
Policy Division, Wireline Competition Bureau at (202) 418-7400, TTY
(202) 418-0484.

[^1]: *See Virginia Cellular LLC Petition for Designation as an Eligible
    Telecommunications Carrier in the State of Virginia*, filed April
    26, 2002 (Virginia Cellular Petition). Virginia Cellular requests
    ETC designation for its entire service area in Virginia, which is
    the boundary for the Virginia-6 rural service area. *See* Virginia
    Cellular Petition at 9-10 and Exhibit C.

[^2]: Virginia Cellular Petition at 3-4 and Exhibit A.

[^3]: *Id*. at 2-9.

[^4]: *Id.* at 14-17.

[^5]: *See* 47 C.F.R. § 54.207(c) (outlining the requirements for
    petitions seeking to redefine a service area of a rural telephone
    company).

[^6]: Virginia Cellular Petition at 11-12.

[^7]: *Id*. at 11-13.

[^8]: *Id*. at 12. The Joint Board has enumerated the following three
    factors to be considered when redefining a rural service area: (1)
    whether the competitive carrier is engaged in "cream skimming," (2)
    whether the rural local exchange carrier's (LEC) special status
    under the Act will be duly recognized in the proceeding, (3) whether
    a redefinition of service area would impose an additional
    administrative burden for the LEC. *See Federal-State Joint Board on
    Universal Service*, CC Docket No. 96-45, Recommended Decision, 12
    FCC Rcd 87, 179-80, ¶¶ 172-74 (1996).