**DA 04-1739**

**THE WIRELINE COMPETITION BUREAU SEEKS COMMENT ON**

**PETITION TO REDEFINE CERTAIN RURAL TELEPHONE COMPANY SERVICE AREAS IN
THE STATE OF NORTH DAKOTA**

**CC Docket No. 96-45**

> **Release Date: June 17, 2004**

**Comment Date: July 1, 2004**

**Reply Comment Date: July 15, 2004**

The Wireline Competition Bureau seeks comment on a petition filed by
Northwest Dakota Cellular of North Dakota Limited Partnership; North
Central RSA 2 of North Dakota Limited Partnership; North Dakota RSA No.
3 of North Dakota Limited Partnership; Badlands Cellular of North Dakota
Limited Partnership; North Dakota 5 -- Kidder Limited Partnership; and
Bismarck MSA Limited Partnership (Petitioners), pursuant to section
54.207(c) of the Commission's rules, requesting Federal Communications
Commission agreement with the North Dakota Public Service Commission's
(North Dakota Commission) decision to redefine certain rural telephone
company service areas in the state of North Dakota.[^1]

In accordance with section 54.207(c)(1), Petitioners filed with their
Petition the service area definition proposed by the North Dakota
Commission and the North Dakota Commission's ruling presenting its
reasons for adopting the proposed redefinition.[^2] The North Dakota
Commission's redefinition may not take effect unless and until this
Commission agrees with the North Dakota Commission's redefinition.[^3]

This is the Public Notice required by section 54.207(c)(2).[^4] If the
Commission initiates a proceeding to consider the Petition*,* it must do
so within ninety (90) days from the release of this Public Notice.[^5]
If the Commission does not act on the Petition within 90 days of the
release of this Public Notice, the definition proposed by the North
Dakota Commission will be deemed approved by the Commission and shall
take effect in accordance with state procedures.[^6]

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 1, 2004**, and reply comments on or before **July 15,
2004**. Comments may be filed using the Commission\'s Electronic Comment
Filing System (ECFS) or by filing paper copies.[^7]

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, Natek, 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 Marlene H.
Dortch, Office of the Secretary, Federal Communications Commission.

Parties who choose to file by paper 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, Best Copy and Printing, Inc. (BCPI), Portals II 445 12th
Street, Suite CY-B402, Washington, DC 20554.

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 Thomas Buckley,
Telecommunications Access Policy Division, Wireline Competition Bureau
at (202) 418-7400, TTY (202) 418-0484.

[^1]: *Petition for Agreement with Redefinition of Service Area
    Requirement for Certain Rural Telephone Company Study Areas in the
    State of North Dakota Pursuant to 47 C.F.R. § 54.207(c),* CC Docket
    No. 96-45, filed June 3, 2004 (Petition). Section 54.207 of the
    Commission's rules, which implements section 214(e)(5) of the
    Communications Act of 1934, as amended, provides that a rural
    telephone company's service area will be its study area "unless and
    until the Commission and the states, after taking into account the
    recommendations of a Federal-State Joint Board instituted under
    section 410(c), establish a different definition of service area for
    such company." 47 C.F.R. § 54.207(b); 47 U.S.C. § 214(e)(5).

[^2]: *See* Petition, Exhibit A, *State of North Dakota Public Service
    Commission*, Order, Case Nos. PU-1226-03-597, PU-386-03-598,
    PU-897-03-599, PU-1225-03-600, PU-338-03-601, PU-494-03-602, at 6-7
    (North Dakota Pub. Serv. Comm'n. Feb. 25, 2004) (*North Dakota
    Order*). A petition seeking redefinition of a rural telephone
    company's study areas shall contain: (i) the definition proposed by
    the state commission; and (ii) the state commission's ruling or
    other official statement presenting the state commission's reason
    for adopting its proposed definition, including an analysis that
    takes into account the recommendations of any Federal-State Joint
    Board convened to provide recommendations with respect to the
    definition of a service area served by a rural telephone company.
    *See also Federal-State Joint Board on Universal Service,* Report
    and Order, CC Docket No. 96-45, 12 FCC Rcd 8776, 8881 (1997)
    (subseq. history omitted) (*Universal Service Order*).

[^3]: *See supra* n. 1.

[^4]: 47 C.F.R. § 54.207(c)(2).

[^5]: 47 C.F.R. § 54.207(c)(3)(i).

[^6]: *See* 47 C.F.R. § 54.207(c)(3)(ii). The Commission delegated its
    authority to act on petitions to redefine rural service areas to the
    Wireline Competition Bureau. 47 C.F.R. § 54.207(e).

[^7]: *See* Electronic Filing of Documents in Rulemaking Proceedings, 63
    Fed. Reg. 24121 (1998).