PUBLIC NOTICE![](media/image1.png){width="0.95in"
height="0.9055555555555556in"}

FEDERAL COMMUNICATIONS COMMISSION

445 12th STREET, S.W.

WASHINGTON, D.C. 20554 **DA 00-1824**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

**MESCALERO APACHE TELECOM, INC., GTE SOUTHWEST INCORPORATED, AND VALOR
TELECOMMUNICATIONS OF NEW MEXICO, LLC SEEK A WAIVER OF THE DEFINITION OF
\"STUDY AREA\" IN PART 36 AND A WAIVER OF VARIOUS OF THE COMMISSION\'S
RULES**

**PLEADING CYCLE ESTABLISHED**

#  CC Docket No. 96-45

**Release Date: August 10, 2000**

**Comment Date: September 11, 2000**

**Reply Comment Date: September 21, 2000**

On June 30, 2000, Mescalero Apache Telecom, Inc. (Mescalero), GTE
Southwest Incorporated (GTE) and Valor Telecommunications of New Mexico,
LLC (Valor) filed a joint petition for waiver of the definition of
\"study area\" as set forth in Part 36 of the Commission\'s rules. That
definition constitutes a rule freezing all study area boundaries. The
requested waiver will permit Valor to alter the boundaries of a New
Mexico study area it is acquiring from GTE to transfer to Mescalero
approximately 950 access lines currently serving the Mescalero Apache
Reservation.[^1] This waiver also will permit Mescalero to establish a
new study area in New Mexico for the access lines it intends to acquire
from Valor. The petitioners submitted a letter from the New Mexico
Public Service Commission indicating that it does not oppose the grant
of the requested study area waiver.

In addition, Mescalero seeks a waiver of section 54.305 of the
Commission's rules, 47 C.F.R. § 54.305, to enable Mescalero to receive
high-cost universal service support based on the average cost of its own
lines, rather than receiving the same per-line levels of high-cost
support for which the acquired access lines were eligible prior to their
transfer. Mescalero also seeks a waiver of sections 36.611 and 36.612 of
the Commission's rules, 47 C.F.R. §§ 36.611 and 36.612, to allow
Mescalero to immediately begin receiving high-cost universal service
support based upon current costs, rather than historical costs.
Mescalero also seeks a waiver of section 61.41(c)(2) of the Commission's
rules, 47 C.F.R. § 61.41(c)(2), to permit it to continue under
rate-of-return regulation after acquiring from Valor access lines that
currently are under price-cap regulation. Finally, Mescalero requests a
waiver of section 69.3(e)(11) of the Commission's rules, 47 C.F.R. §
69.3(e)(11), to enable the acquired access lines to participate in the
National Exchange Carrier Association (NECA) carrier common line tariff
upon the date of the closing of the transaction, instead of waiting
until July 1, 2001 to participate in the NECA carrier common line
tariff.

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 **September 11, 2000**, and reply comments on or before
**September 21, 2000**. 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.
24,121 (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, Postal
Service mailing address, and the applicable docket or rulemaking number.
Parties may also submit electronic comments by Internet e-mail. To
receive 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. All filings must be sent to the
Commission\'s Secretary, Magalie Roman Salas, Office of the Secretary,
Federal Communications Commission, 445 12th Street, S.W., Washington,
D.C. 20554.

Parties also must send three paper copies of their filing to Sheryl
Todd, Accounting Policy Division, Common Carrier 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, International Transcription
Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20037.

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 Adrian Wright, Accounting Policy
Division, Common Carrier Bureau at (202) 418-7400, TTY (202) 418-0484.

[^1]: Valor has entered into an agreement with GTE to acquire GTE's
    entire New Mexico study area. The waiver request states that
    Mescalero will not acquire the access lines from Valor until after
    the close of Valor's transaction with GTE.