> **DA 07-1614**

**Released: April 4, 2007**

**COMMENTS SOUGHT ON HAWAIIAN TELCOM, INC. PETITION FOR WAIVER**

**OF SECTION 61.42(g) OF THE COMMISSION'S RULES**

**WCB/Pricing File No. 07-12**

**COMMENTS DUE:** **April 24, 2007**\
**REPLY COMMENTS DUE: May 4, 2007**

By this Public Notice, we seek comment on a petition filed March 29,
2007 by Hawaiian Telcom, Inc. (HTI) requesting a limited waiver of
section 61.42(g) of the Commission's rules so that it may exclude its
advanced services from any price cap basket in the upcoming 2007 annual
access tariff filing.[^1] In support of its petition, HTI notes that it
is the successor entity to Verizon Hawaii, Inc. (Verizon) which has
received similar waivers of these rules each year since 2002.[^2] Also,
HTI contends that it is in a unique situation as a successor to Verizon
and that extension of the Commission's previous waivers would serve the
public interest.[^3]

Interested parties may file comments on or before **April 24, 2007**,
and reply comments on or before **May 4, 2007**. Comments and replies
should reference **WCB/Pricing File No. 07-12**. Parties filing
pleadings are encouraged to use ETFS in order to facilitate access to
these documents. Parties filing paper copies must file an original and
four (4) copies of each filing. Parties are requested also to send a
copy of their filings to Lynne Hewitt Engledow via e-mail
(lynne.engledow@fcc.gov).

Paper 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 and the Commission advises that electronic media NOT be
sent through the U.S. Postal Service). The Commission's contractor,
Natek, 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 a.m. to 7 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, S.W., Washington, D.C.
    20554.

    All filings must be addressed to the Commission's Secretary,
    Marlene H. Dortch, Office of the Secretary, Federal Communications
    Commission, Room TW-A325, 445 12^th^ Street, S.W., Washington,
    D.C. 20554. Parties shall also serve one copy with the Commission's
    copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II,
    445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, (202)
    488-5300, or via e-mail to fcc@bcpiweb.com. Documents in the
    proceeding are available for public inspection and copying during
    business hours at the FCC Reference Information Center, Portals II,
    445 12^th^ St. S.W., Room CY-A257, Washington, D.C. 20554,
    telephone (202) 418-0270, TTY (188) 835-5322. The documents may also
    be purchased from BCPI, telephone (202) 488-5300, facsimile (202)
    488-5563, TTY (202) 488-5562, e-mail fcc@bcpiweb.com. People with
    disabilities: To request materials in accessible formats for people
    with disabilities (braille, large print, electronic files, audio
    format), send an e-mail to fcc504@fcc.gov or call the Consumer &
    Governmental Affairs Bureau at telephone (202) 418-0530 or TTY (202)
    418-0432.

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^4] Persons making
oral *ex parte* presentations are reminded that memoranda summarizing
the presentations must contain summaries of the substance of the
presentations and not merely a listing of the subjects discussed. More
than a one- or two-sentence description of the views and arguments
presented generally is required.[^5] Other requirements pertaining to
oral and written *ex parte* presentations are set forth in section
1.1206(b) of the Commission's rules.[^6]

For further information, contact Lynne Hewitt Engledow of the Pricing
Policy Division, Wireline Competition Bureau at (202) 418-1520.

**- FCC -**

[^1]: *Hawaiian Telcom, Inc. Petition for a Waiver of Section 61.42(g)
    of the Commission's Price Cap Rules for Advanced Services Formerly
    Offered by Verizon Hawaii, Inc.*, WCB/Pricing File No. 07-12, at 1-2
    (filed March 29, 2007) (HTI Waiver Petition); *see also* 47 C.F.R.
    §§ 61.42(g). A list of HTI's advanced services is in Exhibit A of
    the HTI Waiver Petition. A copy of the petition is available on the
    Commission's Electronic Tariff Filing System (ETFS).

[^2]: HTI Waiver Petition at 1-4. *See e.g.*, *Verizon Petition for
    Interim Waiver of Sections 61.42(g), 61.38 and 61.49 of the
    Commission's Rules*, WCB/Pricing No. 02-16, Order, 17 FCC Rcd 11010
    (June 10, 2002).

[^3]: *Id*. at 4-8.

[^4]: 47 C.F.R. §§ 1.1200, 1.1206.

[^5]: 47 C.F.R. § 1.1206(b).

[^6]: *Id*.