**DA 03-1881**

WIRELINE COMPETITION BUREAU SEEKS COMMENT

ON ALLTEL COMMUNICATIONS, INC. PETITION FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER IN THE STATE OF VIRGINIA

PLEADING CYCLE ESTABLISHED

**CC Docket No. 96-45**

**Release Date: June 3, 2003**

**Comment Date: 10 days from publication in Federal Register**

**Reply Comment Date: 17 days from publication in Federal Register**

On April 14, 2003, ALLTEL Communications, Inc. (ALLTEL), a commercial
mobile radio service (CMRS) carrier, 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 service offered throughout its licensed service area in the
state of Virginia, including rural and non-rural areas.[^1] On May 21,
2003, ALLTEL filed an amendment to its petition with regard to its
proposed service areas.[^2] Specifically, ALLTEL contends that: (1) the
Virginia State Corporation Commission (Virginia Commission) has provided
an affirmative statement that it does not regulate CMRS carriers;[^3]
(2) ALLTEL satisfies all the statutory and regulatory prerequisites for
ETC designation;[^4] and (3) designating ALLTEL as an ETC will serve the
public interest.[^5]

Pursuant to section 54.207(c) of the Commission's rules,[^6] ALLTEL also
requests that the Commission designate ALLTEL as an ETC in service areas
defined along boundaries that differ from incumbent rural local exchange
company (LEC) study area boundaries.[^7] ALLTEL requests that these
service areas be redefined on a wire center by wire center basis such
that each wire center is a separate service area.[^8] ALLTEL intends to
serve each proposed wire center in its entirety.[^9] The service area
requested by ALLTEL for ETC designation partially covers the study areas
of Central Telephone Company -- Virginia and United Inter-Mountain
Telephone.[^10] ALLTEL maintains that the proposed redefinition of
service areas for ETC purposes is consistent with the factors to be
considered when redefining a rural telephone company service area, as
enumerated by the Federal-State Joint Board on Universal Service (Joint
Board).[^11] The Wireline Competition Bureau seeks comment on the ALLTEL
Petition.

The petitioner must provide copies of its petition to the Virginia
Commission at the time of filing with the Commission. The Commission
will also send a copy of this Public Notice to the Virginia Commission
by overnight express mail to ensure that the Virginia 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 10 days from publication in the Federal Register, and reply
comments on or before 17 days from publication 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. 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, 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 Shannon Lipp, Telecommunications Access
Policy Division, Wireline Competition Bureau at (202) 418-7400, TTY
(202) 418-0484.

[^1]: *See ALLTEL Communications, Inc. Petition for Designation as an
    Eligible Telecommunications Carrier in the State of Virginia*, filed
    April 14, 2003 (ALLTEL Petition). ALLTEL requests ETC designation
    throughout its licensed service area in Virginia. *See id.* at 1, 7,
    Exhibit B. *See also First Amendment to the Application of ALLTEL
    Communications, Inc. for Designation as an Eligible
    Telecommunications Carrier in the State of Virginia*, filed May 21,
    2003 (ALLTEL Amendment) (delineating and modifying the list of wire
    centers for which ALLTEL seeks ETC designation).

[^2]: *See generally* ALLTEL Amendment.

[^3]: ALLTEL Petition at 3. On April 9, 2002, the Virginia Commission
    released an order stating that the Virginia Commission has not
    asserted jurisdiction over CMRS carriers and directing Virginia
    Cellular, the applicant in that case, to file for ETC designation
    with the FCC. *See Order*, Application of Virginia Cellular LLC for
    Designation as an Eligible Telecommunications Provider Under 47
    U.S.C. Sec. 214(e)(2), Case No. PUC010263 at pages 4-5 (April 9,
    2002).

[^4]: ALLTEL Petition at 1, 2-7, 12-13.

[^5]: ALLTEL Petition at 1, 10-12.

[^6]: *See* 47 C.F.R. § 54.207(c) (outlining the requirements for
    petitions seeking to redefine a service area of a rural telephone
    company).

[^7]: ALLTEL Petition at 8-10. Under section 214(e)(5), in the case of
    an area served by a rural telephone company, "service area" means
    such company's "study area" unless and until the Commission and the
    States, after taking into account recommendations of a Federal-State
    Joint Board, establish a different definition of "service area" for
    such company. 47 U.S.C. § 214(e)(5).

[^8]: *See* ALLTEL Amendment at 1, 3, Attachment (Study Areas Partially
    Served).

[^9]: *See* ALLTEL Amendment at 2, Attachment (modifying its petition to
    exclude the Galax wire center in United Inter-Mountain Telephone
    Company's study area because due to the contours of ALLTEL's
    licensed service area, ALLTEL is unable to serve the Galax wire
    center in its entirety).

[^10]: ALLTEL Petition at 8, Exhibits D and E; ALLTEL Amendment at 2-3,
    Revised Exhibit D, Attachment.

[^11]: ALLTEL Petition at 9-10. The Joint Board has enumerated the
    following three factors to be considered when redefining a rural
    service area: (1) whether the competitive carrier is engaged in
    "cream skimming," (2) whether the rural local exchange carrier's
    (LEC) special status under the Act will be duly recognized in the
    proceeding, (3) whether a redefinition of the service area would
    impose an additional administrative burden for the LEC. *See
    Federal-State Joint Board on Universal Service*, CC Docket No.
    96-45, Recommended Decision, 12 FCC Rcd 87, 179-80, paras. 172-74
    (1996).