**DA 06-1508**

**Released: July 25, 2006**

**WIRELINE COMPETITION BUREAU SEEKS COMMENT ON THE PETITION OF GORHAM
TELEPHONE COMPANY, INC., AND RURAL TELEPHONE SERVICE COMPANY, INC., TO
WAIVE THE STUDY AREA BOUNDARY FREEZE, AS CODIFIED, IN PART 36, AND
GORHAM TELEPHONE COMPANY'S REQUEST FOR WAIVER OF SECTION 69.3(e)(11) OF
THE COMMISSION'S RULES**

**PLEADING CYCLE ESTABLISHED**

**CC Docket No. 96-45**

**Comments Due: August 8, 2006**

**Reply Comments Due: August 15, 2006**

On June 15, 2006, Gorham Telephone Company, Inc., (Gorham) and Rural
Telephone Service Company, Inc., (RuralTel) filed a joint petition for
waiver of the study area boundary freeze as codified in the
Appendix-Glossary of Part 36 of the Commission's rules.[^1] Gorham also
seeks a related waiver of section 69.3(e)(11) of the Commission's
rules.[^2]

The two exchanges subject to this transaction, Luray and Paradise
(approximately 272 access lines in total), are currently part of the
United Telephone Company of Kansas' (United) study area. RuralTel and
United have a separate pending proceeding before the Commission
requesting a study area waiver to allow RuralTel to add the Luray and
Paradise exchanges and ten other exchanges to its Kansas study area and
to allow United to remove all 12 exchanges from its two Kansas study
areas.[^3] The instant study area waiver would permit RuralTel to remove
the Luray and Paradise exchanges from its Kansas study area and would
permit Gorham to add the two exchanges to its Kansas study area after,
and if, the RuralTel and United study area waiver is granted. Gorham
also requests a waiver of section 69.3(e)(11) of the Commission's rules
in order to continue to use the National Exchange Carrier Association as
its tariff pool administrator upon completion of the transfer of the
exchanges at issue.

Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47
C.F.R. §§ 1.415 and 1.419, interested parties are invited to comment on
the Gorham-RuralTel Petition **on or before August 8, 2006** and **reply
comments on or before August 15, 2006**. All pleadings are to reference
CC Docket No. 96-45. Comments may be filed using: (1) the Commission's
Electronic Comment Filing System (ECFS), (2) the Federal Government's
eRulemaking Portal, or (3) by filing paper copies. *See Electronic
Filing of Documents in Rulemaking Proceedings*, 63 FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the comments for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers 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, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message, "get form."
    A sample form and directions will be sent in response.

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-   Paper Filers: 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, filers
    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). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

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]{.underline} 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, Express, and
Priority mail should be addressed to 445 12th Street, S.W., Washington
D.C. 20554.

People with Disabilities: 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 &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

**You may submit comments, identified by the above noted docket number,
by any of the following methods:**

-   Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Follow
    the instructions for submitting comments.

-   Federal Communications Commission's Web Site:
    <http://www.fcc.gov/cgb/ecfs/>. Follow the instructions for
    submitting comments.

-   People with Disabilities: Contact the FCC to request reasonable
    accommodations (accessible format documents, sign language
    interpreters, CART, etc.) by e-mail: <FCC504@fcc.gov> or phone:
    202-418-0530 or TTY: 202-418-0432.

**In addition, one copy of each pleading must be sent to each of the
following:**

(1) The Commission's duplicating contractor, Best Copy and Printing,
    Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554,
    [www.bcpiweb.com](http://www.bcpiweb.com/); phone: (202) 488-5300
    fax: (202) 488-5563;

(2) Gary Seigel, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5-A633, Washington,
    D.C. 20554; e-mail: <gary.seigel@fcc.gov>;

(3) Katie King, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5-B544, Washington,
    D.C. 20554; e-mail: <katie.king@fcc.gov>;

(4) Antoinette Stevens, Telecommunications Access Policy Division,
    Wireline Competition Bureau, 445 12th Street, S.W., Room 5B-540,
    Washington, D.C. 20554; e-mail:
    [antoinette.stevens@fcc.gov]{.underline}; and

(5) James Bird, Office of General Counsel, 445 12th Street, S.W., Room
    8-C824, Washington, D.C. 20554; e-mail: <james.bird@fcc.gov>.

Filings and comments are also available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington,
D.C. 20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
S.W., Room CYB402, Washington, D.C. 20554, telephone: (202) 488-5300,
fax: (202) 488-5563, or via e-mail
[www.bcpiweb.com](http://www.bcpiweb.com/).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^4] Persons making
oral ex parte presentations are reminded that memoranda summarizing the
presentations must contain summaries of the substance of the
presentation 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.[^5] Other rules pertaining to oral and
written *ex parte* presentations in permit-but-disclose proceedings are
set forth in section 1.1206(b) of the Commission's rules.[^6]

For further information, please contact Gary Seigel, Telecommunications
Access Policy Division, Wireline Competition Bureau, at (202) 418-7400
or TTY (202) 418-0484.

\- **FCC** -

[^1]: *See* Gorham Telephone Company, Inc., and Rural Telephone Service
    Company, Inc., Joint Petition for Waiver of the Definition of "Study
    Area" of the Appendix-Glossary of Part 36 of the Commission's Rules,
    CC Docket No. 96-45 (filed June 15, 2006) (Gorham-RuralTel
    Petition). *See* *also* 47 C.F.R. Part 36 App. (defining "study
    area"). On May 31, 2006, RuralTel and Gorham filed a separate
    application, pursuant to section 63.04 of the Commission's rules,
    requesting authority to transfer control of certain RuralTel
    exchanges in the state of Kansas to Gorham. *See* Gorham Telephone
    Company, Inc., and Rural Telephone Service Company, Inc.,
    Application for Authorization Pursuant to Section 214 of the
    Communications Act of 1934, as Amended, for Transfer of Control.
    *See* *also* 47 U.S.C. § 214; 47 C.F.R. § 63.04. The Wireline
    Competition Bureau (Bureau) released a public notice seeking comment
    on the transfer of control application. *See* *Domestic Section 214
    Application Filed for the Transfer of Assets of Rural Telephone
    Service Company, Inc. to Gorham Telephone Company, Inc*., WC Docket
    No. 06-117, Public Notice, DA 06-1381 (rel. June 30, 2006).

[^2]: 47 C.F.R. § 69.3(e)(11).

[^3]: *See* Rural Telephone Service Company, Inc,, Nex-Tech, Inc.,
    United Telephone Company of Kansas, and United Telephone of Eastern
    Kansas, Joint Petition for Waiver of the Definition of "Study Area"
    of the Appendix-Glossary of Part 36 of the Commission's Rules,
    Petition for Waiver of Section 69.3(e)(11) of the Commission's
    Rules, CC Docket No. 96-45 (filed April 3, 2006) (RuralTel-United
    Petition). On April 27, 2006, the Bureau released a public notice
    seeking comment on the RuralTel-United Petition. *See Domestic
    Section 214 Application Filed for the Acquisition of Assets of*
    *United Telephone Company of Kansas and United Telephone of Eastern
    Kansas by Rural Telephone Service Company, Inc*., WC Docket No.
    06-80, *Rural Telephone Service Company, Inc., Nex-Tech, Inc.,
    United Telephone Company of Kansas, and United Telephone of Eastern
    Kansas Seek Waiver of the Study Area Boundary Freeze as Codified in
    Part 36, and Rural Telephone Service Company, Inc. Seeks Waiver of
    Part 69.3(e)(11) and of the Commission's Rules*, CC Docket No.
    96-45, Public Notice, 21 FCC Rcd 4395 (2006).

[^4]: 47 C.F.R. §§ 1.1200 *et seq*.

[^5]: *See* 47 C.F.R. § 1.1206(b)(2).

[^6]: 47 C.F.R. § 1.1206(b).