**DA 02-3588**

**WIRELINE COMPETITION BUREAU INITIATES PROCEEDING TO CONSIDER THE
COLORADO PUBLIC UTILITIES COMMISSION PETITION TO REDEFINE THE SERVICE
AREA OF DELTA COUNTY TELE-COMM, INC. IN THE STATE OF COLORADO**

**CC Docket No. 96-45**

> **Release Date: December 24, 2002**

The Wireline Competition Bureau (Bureau) provides notice that it is
initiating a proceeding to consider the petition filed by the Colorado
Public Utilities Commission (Colorado Commission), pursuant to section
54.207 of the Commission's rules, requesting the Commission's agreement
with the Colorado Commission's proposed "service area" definition for
areas served by Delta County Tele-Comm, Inc. (Delta County) within
Colorado.[^1] The Colorado Commission proposes to define Delta County's
service area as an area different from the study area of Delta County
for the purpose of determining federal universal service obligations and
support mechanisms.[^2] Specifically, the Colorado Commission proposes
to designate each individual wire center of Delta County as a separate
service area.[^3] The Bureau recently released a Public Notice seeking
comment on the Colorado Commission's petition.[^4]

[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."[^5] Section 54.207 of the Commission's rules and the
*Universal Service Order* 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.[^6]

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.[^7] 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.[^8] 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.[^9]

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]: Petition by the Colorado Public Utilities Commission, Pursuant to
    47 C.F.R. § 54.207(c), for Commission Agreement in Redefining the
    Service Area of Delta County Tele-Comm, Inc., a Rural Telephone
    Company, CC Docket No. 96-45, filed on August 12, 2002 (Petition).

[^2]: *See* *generally* Petition.

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

[^4]: *See Colorado Public Utilities Commission Petitions to Redefine
    the Service Area of Delta County Tele-Comm., Inc. in the State of
    Colorado*, Public Notice, CC Docket No. 96-45, DA 02-2383 (Wireline
    Comp. Bur. rel. Sept. 25, 2002).

[^5]: *See* 47 U.S.C. § 214(e)(5).

[^6]: *See* 47 C.F.R. § 54.207(c). 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.
    *See also 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).

[^7]: 47 C.F.R. § 54.207(c)(3). We note that if the Commission did not
    act on the Petition within 90 days of the release of the Public
    Notice, the definition proposed by the Colorado Commission would be
    deemed approved by the Commission and would take effect in
    accordance with state procedures. 47 C.F.R. § 54.207(c)(3)(ii).

[^8]: *See* 47 C.F.R. § 54.207(c)(3)(i); 47 U.S.C. § 214(e)(5).

[^9]: 47 C.F.R. § 54.207(e).