**DA 02-1465**

WIRELINE COMPETITION BUREAU SEEKS COMMENT

ON CELLULAR SOUTH LICENSE, INC. PETITION FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER IN THE STATE OF ALABAMA

PLEADING CYCLE ESTABLISHED

**CC Docket No. 96-45**

**Release Date: June 21, 2002**

**Comment Date: July 5, 2002**

**Reply Comment Date: July 12, 2002**

On June 4, 2002, Cellular South License, Inc. (Cellular South) 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 Alabama.[^1] Specifically,
Cellular South contends that: (1) the Alabama Public Service Commission
(Alabama Commission) has provided an affirmative statement that it does
not regulate commercial mobile radio service (CMRS) carriers and that
Cellular South, as a CMRS provider, should apply to the Commission for
ETC designation;[^2] (2) Cellular South satisfies all the statutory and
regulatory prerequisites for ETC designation;[^3] and (3) designating
Cellular South as an ETC will serve the public interest.[^4]

Pursuant to section 54.207(c) of the Commission's rules,[^5] Cellular
South also requests that the Commission designate Cellular South as an
ETC in a service area defined along boundaries that differ from rural
LEC study area boundaries.[^6] The service area requested by Cellular
South for ETC designation only partially covers the study areas of
Butler Telephone Company and Frontier Communications of Alabama,
Inc.[^7] Cellular South maintains that the proposed redefinition of its
service area 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).[^8] The Wireline Competition Bureau seeks comment on the
Cellular South Petition.

The petitioner must provide copies of its petition to the Alabama
Commission at the time of filing with the Commission. The Commission
will also send a copy of this Public Notice to the Alabama Commission by
overnight express mail to ensure that the Alabama 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 July 5, 2002, and reply comments on or before July 12, 2002.
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 Anita Cheng, Telecommunications Access
Policy Division, Wireline Competition Bureau at (202) 418-7400, TTY
(202) 418-0484.

[^1]: *See Cellular South License, Inc. Petition for Designation as an
    Eligible Telecommunications Carrier in the State of Alabama*, filed
    June 4, 2002 (Cellular South Petition). Cellular South requests ETC
    designation throughout its licensed service area in Alabama. *See
    id.* at 1, 9-13.

[^2]: *Id.* at 2-4.

[^3]: *Id*. at 2-9.

[^4]: *Id.* at 13-16.

[^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]: Cellular South Petition at 11-13. 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).

[^7]: *Id.*

[^8]: *Id*. at 12. 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).