**DA 08-1744**

**Released: July 28, 2008**

**COMMENT SOUGHT ON NEP REQUEST TO AMEND ETC DESIGNATION**

**IN PENNSYLVANIA**

**PLEADING CYCLE ESTABLISHED**

**CC Docket No. 96-45**

**Comment Date: August 27, 2008**

**Reply Comment Date: September 11, 2008**

On July 17, 2008, NEP Cellcorp, Inc. (NEP) filed a request to amend its
eligible telecommunications carrier (ETC) designation in the state of
Pennsylvania.[^1] NEP asks the Commission to amend its decision to deny
NEP's request for ETC designation in the rural study area of
North-Eastern Pennsylvania Telephone Company (NE PAT).[^2] NEP states
that, on June 19, 2008, it executed a formal extension agreement with
T-Mobile that allows NEP to serve all of the Clifford and Forest City
wire centers using its own facilities.[^3] NEP, therefore, asks the
Commission to designate NEP as an ETC in the entire NE PAT study area.

The Wireline Competition Bureau seeks comment on the NEP Amendment
Petition. Interested parties may file **comments on or before August 27,
2008**, and **reply comments on or before September 11, 2008**. All
pleadings are to reference **CC Docket No. 96-45**. Comments may be
filed using the Commission's Electronic Comment Filing System (ECFS) or
by filing paper copies.[^4]

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/>.
    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).

**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; and

(2) Antoinette Stevens, Telecommunications Access Policy Division,
    Wireline Competition Bureau, 445 12th Street, S.W., Room 5B-521,
    Washington, D.C. 20554; e-mail: <antoinette.stevens@fcc.gov>; and

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.[^5] 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.[^6] 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.[^7]

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

**- FCC -**

[^1]: Petition of NEP Cellcorp, Inc. to Amend Designation as an Eligible
    Telecommunications Carrier in the State of Pennsylvania, CC Docket
    No. 96-45 (filed July 17, 2008) (NEP Amendment Petition).

[^2]: *High-Cost Universal Service Support, Federal-State Joint Board on
    Universal Service, Alltel Communications, Inc. et al., Petitions for
    Designation as Eligible Telecommunications Carriers,* WC Docket Nos.
    05-337, 96-45, Order, FCC 08-122 (rel. May 1, 2008). The Commission
    determined that designating NEP as an ETC in the North-Eastern
    Pennsylvania Telephone Co. study area would not be in the public
    interest because NEP only provided partial coverage in the Clifford
    and Forest City wire centers. *Id.* at para. 22.

[^3]: *See* NEP Amendment Petition at 2.

[^4]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).

[^5]: 47 C.F.R. §§ 1.1200 *et seq*.

[^6]: *See* 47 C.F.R. § 1.1206(b)(2).

[^7]: 47 C.F.R. § 1.1206(b).