**DA 03-1894**

**Release Date: June 5, 2003**

**WIRELINE COMPETITION BUREAU SEEKS COMMENT ON ADVANTAGE CELLULAR
SYSTEMS, INC. PETITION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER THROUGHOUT ITS LICENSED SERVICE AREA IN THE STATE OF TENNESSEE**

**PLEADING CYCLE ESTABLISHED**

**CC Docket No. 96-45**

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

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

On May 9, 2003, Advantage Cellular Systems, Inc. (Advantage Cellular)
filed with the Commission a petition pursuant to section 214(e)(6) of
the Communications Act of 1934, as amended, 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 Tennessee.[^1] Specifically, Advantage Cellular contends
that: 1) the Tennessee Regulatory Authority has provided an affirmative
statement that it does not regulate commercial mobile radio service
(CMRS) carriers;[^2] 2) Advantage Cellular meets all the statutory and
regulatory prerequisites for ETC designation;[^3] and 3) designating
Advantage Cellular as an ETC will serve the public interest.[^4] The
Wireline Competition Bureau seeks comment on the Advantage Cellular
petition.

Pursuant to section 54.207(c) of the Commission's rules,[^5] Advantage
Cellular also requests that the Commission designate Advantage Cellular
as an ETC in service areas defined along boundaries that differ from
rural LEC study area boundaries.[^6] The service areas requested by
Advantage Cellular for ETC designation only partially cover the study
areas of BellSouth Telecommunications, Inc., Ben Lomand Rural Telephone
Cooperative, Inc., Bledsoe Telephone Cooperative, Inc., Delkab Telephone
Cooperative, Inc. d/b/a DTC Communications, Citizens Telecommunications
Company of Tennessee d/b/a Frontier Communications, North Central
Telephone Cooperative, Inc., and Twin Lakes Telephone Cooperative
Corporation.[^7] Advantage Cellular maintains that the proposed
redefinition of these service areas 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.[^8]
The Wireline Competition Bureau seeks comment on the Advantage Cellular
petition.

The petitioner must provide copies of its petition to the Tennessee
Regulatory Authority at the time of filing with the Commission. The
Commission will also send a copy of this Public Notice to the Tennessee
Regulatory Authority by overnight express mail to ensure that the
Tennessee Regulatory Authority 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 as follows:
comments are due **10 days after publication of the Public Notice in the
Federal Register** and reply comments are due **17 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.[^9]

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 fling 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 then 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 12^th^ 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 12^th^ 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 12^th^ 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 Thomas Buckley, Telecommunications
Access Policy Division, Wireline Competition Bureau at (202) 418-7400,
TTY (202) 418-0484.

[^1]: *See* Advantage Cellular, Inc., Application for Designation as an
    Eligible Telecommunications Carrier in the State of Tennessee, filed
    May 9, 2003 (Advantage Cellular Petition).

[^2]: *See id*. at 6-8; Exhibit D, Tennessee Regulatory Authority Order
    (Apr. 11, 2003).

[^3]: *See* Advantage Cellular Petition at 8-19.

[^4]: *See* Advantage Cellular Petition at 19-26.

[^5]: *See* 47 C.F.R. § 54.207(c) (outlining the requirements for
    petitions seeking to redefine a service area of a rural telephone
    company).

[^6]: *See* Advantage Cellular Petition at 16-19.

[^7]: *See id.* at 16.

[^8]: *See id.* at 16-19. 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 Communications Act of 1934, as amended, will be duly
    recognized in the proceeding, (3) whether a redefinition of 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).

[^9]: *See Electronic Filing of Documents in Rulemaking Proceedings*, 63
    Fed. Reg. 24121 (1998).