**DA 07-1612**

**Released: April 4, 2007**

**PETITION OF FAIRPOINT COMMUNICATIONS, INC., FOR A WAIVER OF THE
ALL-OR-NOTHING RULE IN CONNECTION WITH ITS ACQUISITION OF CERTAIN
VERIZON PROPERTIES IN MAINE, NEW HAMPSHIRE, AND VERMONT**

**PLEADING CYCLE ESTABLISHED**

**WC Docket No. 07-66**

**COMMENTS DUE:** **May 4, 2007**\
**REPLY COMMENTS DUE: May 21, 2007**

On February 21, 2007, Fairpoint Communications, Inc. (Fairpoint) filed a
petition for waiver of section 61.41(b) and (c) of the Commission's
rules.[^1] Fairpoint is acquiring certain telephone properties in Maine,
New Hampshire, and Vermont from Verizon that are subject to price cap
regulation. Fairpoint seeks a waiver of section 61.41(b) and (c)---the
all-or-nothing rule---to permit it to continue operating its existing
telephone operation pursuant to rate of return regulation, while
continuing to operate the properties it is acquiring from Verizon
subject to price cap regulation.[^2]

Interested parties may file comments on or before **May 4, 2007**, and
reply comments on or before **May 21, 2007**. Comments may be filed
using the Commission\'s Electronic Comment Filing System (ECFS) or by
filing paper copies.[^3] Comments filed through the ECFS can be sent as
an electronic file via the Internet to
[[http://www.fcc.gov/cgb/ecfs/]{.underline}](http://www.fcc.gov/cgb/ecfs/).
Generally, only one copy of an electronic submission must be filed.[^4]
In completing the transmittal screen, commenters should include their
full name, U.S. Postal Service mailing address, and the applicable
docket or rulemaking number, in this case **WC Docket No. 07-66**.
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]{.underline}](mailto: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. 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). **Parties are strongly
encouraged to file comments electronically using the Commission's
ECFS.**

The Commission\'s contractor, Natek, Inc., will receive hand-delivered
or messenger-delivered paper filings for the Commission\'s Secretary at
236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002.

-   The filing hours at this location are 8 a.m. to 7 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, DC
    20554.

All filings must be addressed to the Commission\'s Secretary, Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission, Room
TW-A325, 445 12^th^ Street, SW, Washington, DC 20554. Parties should
also send a copy of their filings to Douglas Slotten, Pricing Policy
Division, Wireline Competition Bureau, Federal Communications
Commission, Room 5-A233, 445 12^th^ Street, SW, Washington, D.C. 20554,
or by e-mail to <douglas.slotten@fcc.gov>. Parties shall also serve one
copy with the Commission's copy contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC
20554, (202) 488-5300, or via e-mail to <fcc@bcpiweb.com>.

Fairpoint's petition and comments filed by participating parties will be
available for public inspection and copying during business hours at the
FCC Reference Information Center, Portals II, 445 12^th^ St. SW, Room
CY-A257, Washington, DC 20554. The documents may also be purchased from
BCPI, telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202)
488-5562, or by e-mail at <fcc@bcpiweb.com>. To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an e-mail to <fcc504@fcc.gov> or
call the Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^5] Persons making
oral *ex parte* presentations are reminded that memoranda summarizing
the presentations must contain summaries of the substance of the
presentations and not merely a listing of the subjects discussed. More
than a one- or two-sentence description of the views and arguments
presented generally is required.[^6] Other requirements pertaining to
oral and written *ex parte* presentations are set forth in section
1.1206(b) of the Commission's rules.[^7]

For further information, contact Douglas Slotten of the Pricing Policy
Division, Wireline Competition Bureau at (202) 418-1572.

**- FCC -**

[^1]: Petition of Fairpoint Communications, Inc., for Waiver of Sections
    61.41(b) and (c) of the Commission's Rule*s* (filed Feb. 21, 2007)
    (Fairpoint Petition).

[^2]: 47 C.F.R. § 61.41(b) and (c) (the all-or-nothing rule would
    require that Fairpoint convert its rate of return regulated
    operations to price cap regulations).

[^3]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).

[^4]: If multiple docket or rulemaking numbers appear in the caption of
    a proceeding, however, commenters must transmit one electronic copy
    of the comments to each docket or rulemaking number referenced in
    the caption. Similarly, commenters filing paper copies must submit
    two additional copies for each additional docket or rulemaking
    number.

[^5]: *See* 47 C.F.R. §§ 1.1200, 1.1206.

[^6]: 47 C.F.R. § 1.1206(b)(2).

[^7]: 47 C.F.R. § 1.1206(b).