**DA 07-1741**

**Released: April 16, 2007**

## WIRELESS TELECOMMUNICATIONS BUREAU SEEKS COMMENT

## ON REQUEST OF COPPER VALLEY WIRELESS, INC. FOR WAIVER OF

##  THE analog service requirement

**WT Docket No. 07-80**

**Comment Date: May 7, 2007**

**Reply Comment Date: May 17, 2007**

Pursuant to Section 1.925(c) of the Commission's rules,[^1] the Wireless
Telecommunications Bureau ("Bureau") hereby seeks comment on the request
of Copper Valley Wireless, Inc. (CVW),[^2] Call Sign KNKQ401, for waiver
of Section 22.901(b) of the Commission's rules.[^3] Section 22.901(b)
requires cellular radiotelephone service licensees to provide analog
service until February 18, 2008 (the "analog sunset date") to
subscribers and roamers whose mobile equipment conforms to the Advanced
Mobile Phone Service (AMPS) standard.[^4]

CVW operates an analog cellular system in south central Alaska
(CMA316-Alaska 2-Bethel), and seeks waiver of Section 22.901(b) to
discontinue analog service at 12 of its system's 13 base stations before
the analog sunset date.[^5] CVW states that it serves 1,300 analog
subscribers---including 158 households that receive fixed cellular
service---and seeks to transition these subscribers to its new digital
CDMA cellular system as phased construction is completed.[^6] CVW states
that it will provide eligible subscribers free hearing aid-compatible
and emergency-only digital handsets until February 18, 2008.[^7] CVW
also states that it will provide free digital handsets to all existing
analog-only mobile subscribers as an incentive to migrate to digital
service.[^8] CVW states that it will provide fixed users free digital
replacement equipment, which it will install (at no charge) for any user
accessible by road, and will provide users inaccessible by road, a free
"Phone-in-a-Box" kit for self-installation.[^9] CVW further states that
it will use billing inserts, telephone calls, and newspaper
advertisements to notify subscribers that analog service will be
discontinued.[^10]  CVW argues that, under these circumstances, the
underlying purpose of the analog service requirement would not be served
by continued application to CVW, and would be unduly burdensome.[^11]

We note that in 2002, the Commission determined that it was unnecessary
to continue the analog service requirement indefinitely, because it had
achieved the Commission's original goals of ensuring public access to
nationwide service (roaming) and low-cost handsets.[^12] The Commission,
however, adopted a 5-year sunset period (commencing on the effective
date of the *Analog Sunset Order*), to facilitate the transition of
persons with hearing disabilities and emergency-only users from analog
to digital handsets.[^13]

In view of the foregoing, we invite interested parties to comment on
CVW's request for waiver of the analog service requirement.

**Procedural Matters**

Comments on the Request are due **no later than May 7, 2007**. Reply
Comments are due **no later than May 17, 2007**. All responsive filings
should reference the docket number of this proceeding, WT 07-80.

This proceeding has been designated as a "permit-but-disclose"
proceeding in accordance with the Commission\'s ex parte rules.[^14]
Parties making oral *ex parte* presentations in this proceeding are
reminded that memoranda summarizing the presentation must contain the
presentation's substance and not merely list the subjects
discussed.[^15] More than a one- or two-sentence description of the
views and arguments presented is generally required.[^16]

The Request is available for public inspection and copying in the
Commission\'s Reference Center, Room CY A257, 445 12th Street, S.W.,
Washington, DC 20554. Copies of the Request also may be obtained via the
Commission\'s Electronic Comment Filing System (ECFS) by entering the
docket number, WT 07-80. Copies of the Request are also available from
Best Copy and Printing, Inc., telephone (800) 378-3160, facsimile (301)
816-0169, e-mail FCC@BCPIWEB.com.

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/cgb/ecfs/. 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." 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 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 shall send one copy of their comments and reply comments to Best
Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY-B402,
Washington, D.C. 20554, (800) 378-3160, e-mail <FCC@BCPIWEB.com>.

Comments filed in response to this Public Notice will be available for
public inspection and copying during business hours in the FCC Reference
Information Center, Portals II, 445 12th Street SW, Room CY-A257,
Washington, D.C. 20554, and via the Commission\'s Electronic Comment
Filing System (ECFS) by entering the Docket Number, WT 07-80. The
comments may also be purchased from Best Copy and Printing, Inc.,
telephone (800) 378-3160, facsimile (301) 816-0169, e-mail
FCC@BCPIWEB.com.

Alternate formats of this Public Notice (computer diskette, large print,
audio recording, and Braille) are available to persons with disabilities
by contacting Brian Millin at (202) 418-7426 (voice), (202) 418-7365
(TTY), or send an e-mail to <access@fcc.gov>.

FOR FURTHER INFORMATION, CONTACT: Joyce Jones of the Wireless
Telecommunications Bureau, Mobility Division, at (202) 418-1327,
<joyce.jones@fcc.gov>.

Action by the Deputy Chief, Mobility Division, Wireless
Telecommunications Bureau.

**- FCC -**

[^1]: 47 C.F.R. § 1.925(c).

[^2]: *See* Request of Copper Valley Wireless, Inc. for Limited Waiver
    of Section 22.901(b) of the Commission's Rules, FCC File No.
    0002897896 (filed Feb. 1, 2007) ("Request"); Amendment (filed Mar.
    28, 2007) ("Amendment").

[^3]: 47 C.F.R. § 22.901(b).

[^4]: On December 20, 2006, the Bureau released a public notice seeking
    comment on a petition for rulemaking to extend the analog sunset
    date until February 18, 2010. *See* "Wireless Telecommunications
    Bureau Seeks Comment On Petition For Rulemaking To Extend Cellular
    Analog Sunset Date," *Public Notice*, 22 FCC Rcd 656 (WTB 2006).
    Comments and reply comments were due January 19 and February 6,
    2007, respectively, in that proceeding, RM-11355, and FCC staff is
    reviewing the record.

[^5]: The thirteenth base station is owned by ACS Wireless, Inc. and
    will remain operational in analog mode until at least February 18,
    2008. Request at 1-2. On December 18, 2006, the Bureau granted ACS
    Wireless, Inc. a waiver to discontinue AMPS at seven remote sites in
    Alaska (out of more than 100 AMPS sites operated by the company).
    *See* Petition of ACS Wireless, Inc. for Limited Waiver of Analog
    Service Rule, *Order*, 21 FCC Rcd 14594 (WTB 2006).

[^6]: CVW has installed and is testing its CDMA replacement facilities
    at nine of its 13 base stations and expects commercial operation in
    spring 2007. The four remaining sites are scheduled to be
    constructed by July 2007, and to be put into commercial operation
    between September 2007 and February 2008. Request at 2*.*

[^7]: *Id.* at 1.

[^8]: Amendment at 2-3. Until July 31, 2007, mobile users who receive
    free digital replacement phones will be subject to a two-year
    minimum service agreement. Commencing August 1, 2007, free digital
    replacement phones will be provided to all remaining analog-only
    subscribers without a minimum service requirement contract. *Id.* at
    2.

[^9]: *Id.* at 3. CVW notes that the self-installation process for
    inaccessible subscribers has worked well in the past. *Id.* CVW does
    not indicate whether fixed users will be required to enter into a
    minimum service agreement as a condition of receiving free digital
    replacement equipment.

[^10]: *Id.* at 2.

[^11]: Request at 6-7.

[^12]: *See* Year 2000 Biennial Review---Amendment of Part 22 of the
    Commission's Rules to Modify or Eliminate Outdated Rules Affecting
    the Cellular Radiotelephone Service and Other Commercial Mobile
    Radio Services, WT Docket No. 01-108, *Report and Order*, 17 FCC Rcd
    18401, 18406 ¶8, and 18409-18412 ¶¶13-17 (2002) ("*Analog Sunset
    Order"*)*,* *Order on Reconsideration*, 19 FCC Rcd 3239 (2004).

[^13]: *Analog Sunset Order*, 17 FCC Rcd at 18406 ¶8, and 18414-18419
    ¶¶22-30.

[^14]: *See* 47 C.F.R. §§ 1.1200(a), 1.1206.

[^15]: *See* "Commission Emphasizes the Public's Responsibilities in
    Permit-But-Disclose Proceedings," *Public Notice*, 15 FCC Rcd 19945
    (2000).

[^16]: *See* 47 C.F.R. § 1.1206(b)(2). Other rules pertaining to oral
    and written presentations are set forth in Section 1.1206(b) as
    well. *Id.* at § 1.1206(b).