**DA 02-1466**

WIRELINE COMPETITION BUREAU SEEKS COMMENT

ON SMITH BAGLEY, INC. PETITION FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER FOR THE NAVAJO RESERVATION IN UTAH

PLEADING CYCLE ESTABLISHED

**CC Docket No. 96-45**

**Release Date: June 21, 2002**

**Comment Date: 30 days after publication in Federal Register**

**Reply Comment Date: 45 days after publication in Federal Register**

On May 24, 2002, Smith Bagley, Inc. (Smith Bagley) 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 the provision of service on the Navajo Reservation
in Utah.[^1] Smith Bagley contends that its service offering to tribal
residents on the Navajo Reservation is not subject to the jurisdiction
of the Public Service Commission of Utah (Utah Commission).[^2] Smith
Bagley also maintains that it satisfies all the statutory and regulatory
requirements to be an ETC, and that designating Smith Bagley as an ETC
for the Navajo Reservation in Utah will advance the public interest.[^3]
The Wireline Competition Bureau seeks comment on Smith Bagley's
petition.

In the *Twelfth Report and Order*, the Commission concluded that a
carrier seeking ETC designation for service provided on tribal lands may
petition the Commission for designation under section 214(e)(6), without
first seeking designation from the appropriate state commission.[^4] The
petitioner must provide copies of its petition to the appropriate state
commission at the time of filing with the Commission. Pursuant to the
guidelines established in the *Twelfth Report and Order*, the Commission
will publish a copy of this Public Notice, or a summary thereof, in the
Federal Register.[^5] The Commission will also send the Public Notice
announcing the comment and reply comment dates to the Utah Commission by
overnight express mail to ensure that the state 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 **30 days after publication of the Public Notice in the Federal
Register** and reply comments on or before **45 days after publication
of the Public Notice in the Federal Register**. 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. 24,121 (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 Smith Bagley, Inc. Petition for Designation as an Eligible
    Telecommunications Carrier for the Navajo Reservation in Utah*,
    filed May 24, 2002 (Smith Bagley Petition).

[^2]: Smith Bagley Petition at 3-6.

[^3]: *Id*. at 6-17.

[^4]: *Federal-State Joint Board on Universal Service; Promoting
    Deployment and Subscribership in Unserved and Underserved Areas,
    Including Tribal and Insular Areas*, CC Docket No. 96-45, Twelfth
    Report and Order, Memorandum Opinion and Order, and Further Notice
    of Proposed Rulemaking, 15 FCC Rcd 12208, 12265, para. 115 (2000)
    (*Twelfth Report and Order*). The petitioner must set forth in its
    petition the basis for its assertion that it is not subject to the
    state commission's jurisdiction, and bears the burden of proving
    that assertion. *Twelfth Report and Order*, 15 FCC Rcd at 12266,
    para. 120.

[^5]: *See Twelfth Report and Order*, 15 FCC Rcd at 12266-67, para. 120.