**DA 02-2087**

**THE COLORADO PUBLIC UTILITIES COMMISSION PETITIONS TO REDEFINE THE
SERVICE AREA OF CENTURYTEL OF EAGLE, INC. IN THE STATE OF COLORADO**

**CC Docket No. 96-45**

> **Release Date: August 26, 2002**

**Comment Date: September 13, 2002**

**Reply Comment Date: September 27, 2002**

The Wireline Competition Bureau (Bureau) provides notice that the
Colorado Public Utilities Commission (Colorado Commission) has filed a
petition, pursuant to section 54.207 of the Federal Communications
Commission's (Commission) rules,[^1] requesting the Commission's consent
to the Colorado Commission's proposed "service area"[^2] definition for
areas served by CenturyTel of Eagle, Inc. (CenturyTel) within
Colorado.[^3] The Colorado Commission proposes to define CenturyTel's
service area as an area different from the study area[^4] of CenturyTel
for the purpose of determining federal universal service obligations and
support mechanisms.[^5] Specifically, the Colorado Commission proposes
to designate each individual wire center of CenturyTel as a separate
service area.[^6]

The Colorado Commission asserts that redefining CenturyTel's service
area to the wire center level is consistent with CenturyTel's recent
election to disaggregate and target high-cost support to the wire center
level pursuant to section 54.315(d) of the Commission's rules.[^7] In
accordance with section 54.315 of the Commission's rules and the
*Fourteenth Report and Order*, the Colorado Commission recently adopted
rules directing rural carriers to disaggregate universal service support
under the paths of disaggregration established by the Commission.[^8]
The Colorado Commission's rules also provide that the disaggregation
plans of each incumbent rural carrier will be used as a basis to
redefine that carrier's service area.[^9]

If this Commission does not act on the Colorado Commission Petition
within 90 days of the release of this Public Notice, the definition
proposed by the Colorado Commission will be deemed approved by the
Commission and shall take effect in accordance with state
procedures.[^10]

[Commission Rules]{.underline}: For areas served by a rural telephone
company, section 214(e)(5) of the Communications Act of 1934, as amended
(the Act) provides that the company's service area will be its study
area "unless and until the Commission and the States, after taking into
account the recommendations of a Federal-State Joint Board instituted
under section 410(c), establish a different definition of service area
for such company."[^11] Section 54.207 of the Commission's rules[^12]
and the *Universal Service Order*[^13] set forth the procedures for
consideration of petitions seeking to designate service areas for rural
telephone companies that are different from such companies' study
areas.[^14]

Section 54.207(c)(3) of the Commission's rules provides that the
Commission may initiate a proceeding to consider a petition to redefine
the service area of a rural telephone company within ninety days of the
release date of a Public Notice.[^15] If the Commission initiates a
proceeding to consider the petition, the proposed definition shall not
take effect until both the state commission and the Commission agree
upon the definition of a rural service area, in accordance with section
214(e)(5) of the Act.[^16] If the Commission does not act on the
petition within 90 days of the release date of the Public Notice, the
definition proposed by the state commission will be deemed approved by
the Commission and shall take effect in accordance with state
procedures.[^17] Under section 54.207(e) of the Commission's rules, the
Commission delegates its authority under section 54.207(c) to the Chief
of the Wireline Competition Bureau.[^18]

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 **September 13, 2002**, and reply comments on or before
**September 27, 2002**. Comments may be filed using the Commission\'s
Electronic Comment Filing System (ECFS) or by filing paper copies.[^19]

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 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. 20554.

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.

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height="6.944444444444445e-4in"}

[^1]: 47 C.F.R. § 54.207.

[^2]: Section 214(e)(5) defines the term "service area" as a geographic
    area established by a State commission or the Federal Communications
    Commission for the purpose of determining universal service
    obligations and support mechanisms. For areas served by a rural
    telephone company, section 214(e)(5) provides that the company's
    service area will be its study area "unless and until the Commission
    and the States, after taking into account the recommendations of a
    Federal-State Joint Board instituted under section 410(c), establish
    a different definition of service area for such company." 47 U.S.C.
    § 214(e)(5).

[^3]: *Petition by the Public Utilities Commission of the State of
    Colorado to Redefine the Service Area of Century Tel of Eagle,
    Inc.*, CC Docket No. 96-45, filed by Public Utilities Commission of
    the State of Colorado on August 6, 2002 (Colorado Commission
    Petition).

[^4]: Generally, a study area corresponds to an incumbent local exchange
    carrier's entire service territory within a state. *See* 47 C.F.R. §
    54.207(b).

[^5]: *See* Colorado Petition at 2.

[^6]: *See* Colorado Petition at 3.

[^7]: *Id.* at 1-5. Pursuant to section 54.315(d) of the Commission's
    rules, a rural carrier may self-certify that it has disaggregated
    support to the wire center level or into no more than two cost zones
    per wire center. 47 C.F.R. § 54.315(d). *See also* *Federal-State
    Joint Board on Universal Service, Multi-Association Group (MAG) Plan
    for Regulation of Interstate Services of Non-Price Cap Incumbent
    Local Exchange Carriers and Interexchange Carriers*, CC Docket Nos.
    96-45, and 00-256, Fourteenth Report and Order, Twenty-Second Order
    on Reconsideration, and Further Notice of Proposed Rulemaking, and
    Report and Order, 16 FCC Rcd 11244, 11302-309 (2001) (*Fourteenth
    Report and Order*) (adopting three paths for the disaggregation and
    targeting of high-cost universal service support).

[^8]: *See Proposed Amendments to the Rules Concerning the Colorado High
    Cost Support Mechanism, 4 CCR 723-41, and the Rules Concerning
    Eligible Telecommunications Carriers, 4 CCR 723-42*, Decision No.
    C02-319, Docket No. 01R-434T (Colo. Comm'n Jan. 30, 2002) (adopting
    rules providing that a rural carrier's method for disaggregating
    universal service support shall also function as the method for
    redefining service areas). *See also* § 4 Colo. Code Regs. §§
    723-42-110, 723-42-11 (2002); Colorado Commission Petition at 5-7 &
    Attachment 3.

[^9]: *Id*.

[^10]: *See* 47 C.F.R. § 54.207(c)(3)(ii).

[^11]: *See* 47 U.S.C. § 214(e)(5).

[^12]: 47 C.F.R. § 54.207.

[^13]: *Federal-State Joint Board on Universal Service,* Report and
    Order, CC Docket No. 96-45, 12 FCC Rcd 8776, 8881, para. 188 (1997)
    (*Universal Service Order*) (subseq. history omitted).

[^14]: 47 C.F.R. § 54.207(c)(1)(i), (ii). Specifically, section
    54.207(c)(1) provides that such a petition shall contain: (i) the
    definition proposed by the state commission; and (ii) the state
    commission's ruling or other official statement presenting the state
    commission's reason for adopting its proposed definition, including
    an analysis that takes into account the recommendations of any
    Federal-State Joint Board convened to provide recommendations with
    respect to the definition of a service area served by a rural
    telephone company.

[^15]: 47 C.F.R. § 54.207(c)(3).

[^16]: *See* 47 C.F.R. § 54.207(c)(3)(i); 47 U.S.C. § 214(e)(5).

[^17]: *See* 47 C.F.R. § 54.207(c)(3)(ii).

[^18]: 47 C.F.R. § 54.207(e).

[^19]: *See* Electronic Filing of Documents in Rulemaking Proceedings,
    63 Fed. Reg. 24121 (1998).