**DA 02-1034**

**DICKEY RURAL TELEPHONE COOPERATIVE, DICKEY RURAL ACCESS, INC., POLAR
TELECOMMUNICATIONS, INC., RED RIVER RURAL TELEPHONE ASSOCIATION, RED
RIVER TELECOM, INC., AND CITIZENS TELECOMMUNICATIONS COMPANY OF NORTH
DAKOTA SEEK A WAIVER OF THE DEFINITION OF \"STUDY AREA\" IN PART 36 AND
SECTIONS 61.41(C) AND (D), 69.3(E)(11) AND 69.605(C) OF THE
COMMISSION\'S RULES**

**PLEADING CYCLE ESTABLISHED**

**CC Docket No. 96-45**

**Release Date: May 6, 2002**

**Comment Date: June 5, 2002**

**Reply Comment Date: June 20, 2002**

On April 2, 2002, Dickey Rural Telephone Cooperative and Dickey Rural
Access, Inc. (Dickey), Polar Telecommunications, Inc., Red River
Telephone Association, Red River Telecom, Inc. (collectively, Acquiring
Companies) and Citizens Telecommunications Company of North Dakota
(Citizens) filed a joint petition for a waiver of the definition of
"study area" as set forth in Part 36 of the Commission's rules.[^1] That
definition constitutes a rule freezing all study area boundaries. The
requested waivers would allow Citizens to alter the boundaries of its
existing North Dakota and Minnesota study areas to remove from its study
area five exchanges (approximately 4,155 access lines) that it is
transferring to the Acquiring Companies.[^2] The waiver would also allow
the Acquiring Companies to add the purchased exchanges to their
respective study areas.

Dickey also seeks a waiver of sections 61.41(c) and (d) of the
Commission's price cap rules to exempt Dickey from the price cap
"all-or-nothing" rule, which requires non-price cap companies, and the
telephone companies with which they are affiliated, to become subject to
price cap regulation after acquiring a price cap company or any part
thereof. [^3] The requested waiver would permit Dickey to continue
operating under rate-of-return regulation once Dickey acquires the price
cap assets of Citizens. Also, the Acquiring Companies seek a waiver of
section 69.3(e)(11) of the Commission's rules so that the Acquiring
Companies can include the exchanges they acquire from Citizens in the
National Exchange Carrier Association carrier common line tariff upon
the closing date of the acquisition.[^4] Finally, the Acquiring
Companies, with the exception of Dickey, seek a waiver of section
69.05(c) so that they may continue to operate as average schedule
companies after the acquisition.[^5] The Wireline Competition Bureau
seeks comment on the Joint Petition.

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 **June 5, 2002**, and reply comments on or before **June 20,
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 appears 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, 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 Twelfth 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 Twelve 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 Cara Voth, Telecommunications Access
Policy Division, Wireline Competition Bureau at (202) 418-7400, TTY
(202) 418-0484.

[^1]: *See* *Citizens Telecommunications Company of North Dakota, Red
    River Telephone Association and Red River Telecom, Inc., Polar
    Telecommunications, Inc. and, Dickey Rural Telephone Cooperative and
    Dickey Rural Access, Inc. Joint Petition for Waiver of the
    Definition of "Study Area" Contained in Part 36, Appendix---Glossary
    of the Commission's Rules, Petition for Waiver of Section 61.41(c)
    and (d), Section 69.3(e)(11) and 69.605(c) of the Commission's
    Rules*, filed April 5, 2002 (Joint Petition).

[^2]: Two of the affected exchanges, Pembina and Fairmount, include some
    lines in Minnesota. *See* Joint Petition at 2.

[^3]: 47 C.F.R. § 61.41(c)-(d).

[^4]: 47 C.F.R. § 69.3(e)(11).

[^5]: 47 C.F.R. § 69.605(c).