**DA 04-1822**

> **Released Date: June 24, 2004**

**PARTIES ARE INVITED TO COMMENT ON TRACFONE WIRELESS' PETITION FOR
DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN THE STATE OF
NEW YORK AND PETITION FOR FORBEARANCE FROM APPLICATION OF SECTION 214**

**CC Docket No. 96-45**

**Comment Date: 10 days after publication in the Federal Register**

**Reply Comment Date: 24 days after publication in the Federal
Register**

Interested parties are invited to comment on two petitions filed on June
8, 2004 by TracFone Wireless, Inc. (TracFone), a reseller of commercial
mobile radio services (CMRS). First, TracFone filed a petition for
designation as an eligible telecommunications carrier (ETC) throughout
the entire state of New York pursuant to section 214(e)(6) of the
Communications Act, as amended (the Act).[^1] In addition, because
TracFone provides CMRS only through resale, pursuant to section 10 of
the Act, TracFone filed a petition requesting that the Commission
forbear from applying the section 214(e)(1)(A) requirement that an ETC
offer services supported by the universal service support mechanisms
using either its own facilities or a combination of its own facilities
and resale of another carrier's services.[^2]

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 **10 days after publication in the Federal Register**, and reply
comments on or before **24 days after publication in the Federal
Register**. 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/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]: *See* TracFone Wireless, Inc., Petition for Designation as an
    Eligible Telecommunications Carrier in the state of New York, CC
    Docket No. 96-45, filed June 8, 2004 (TracFone ETC Petition); 47
    U.S.C. § 214(e)(6). We note that TracFone should provide copies of
    its petitions to the New York Public Service Commission. In
    addition, the Commission will send a copy of this Public Notice to
    the New York Public Service Commission by overnight express mail to
    ensure that it is notified of the notice and comment period.

[^2]: *See* TracFone Wireless, Inc., Petition for Forbearance, CC Docket
    No. 96-45, filed June 8, 2004 (TracFone Forbearance Petition); 47
    U.S.C. § 160. *See also* 47 U.S.C. § 214(e)(1)(A).

[^3]: *See* Electronic Filing of Documents in Rulemaking Proceedings, 63
    Fed. Reg. 24121 (1998).