Subject: [NEXTEL-1] Nextel Partners Seeks Wavier-

From: [email-masked]
Date: Fri, 12 Dec 2003 16:43:33 -0500

DA 03-3949
Release Date: December 12, 2003

WIRELINE COMPETITION BUREAU SEEKS COMMENT ON PETITION OF
 NPCR, INC. D/B/A NEXTEL PARTNERS FOR WAIVER OF SECTION 54.313 OF THE
COMMISSION’S RULES

Comment Date:  December 29, 2003
Reply Comment Date: January 5, 2004

  On October 21, 2003, NPCR, Inc. d/b/a Nextel Partners (Nextel Partners) filed
a petition with the Commission seeking waiver of the April 1 deadline set forth
in section 54.313(d), which requires states to file an annual certification with
the Universal Service Administrative Company and the Commission stating that all
universal service high-cost support received by such carrier will be used “only
for the provision, maintenance, and upgrading of facilities and services for
which support is intended.”
  Nextel Partners is a Commercial Mobile Radio Service carrier providing service
in the State of Mississippi and was designated as an eligible telecommunications
carrier (ETC) by the Mississippi Public Service Commission (Mississippi
Commission) on September 29, 2003.   Although the Mississippi Commission met the
October 1 filing deadline so that Nextel Partners can receive high-cost support
as of first quarter 2004, Nextel Partners seeks a waiver of the April 1 deadline
so that it can receive support as of the date of its ETC designation, i.e.,
September 29, 2003, through fourth quarter 2003.   Nextel Partners states that
granting a waiver of the filing deadline would be consistent with the
Commission’s goals of competitive neutrality and bringing advanced mobile
telecommunications technologies to all citizens.   Nextel Partners therefore
requests that the Commission grant the waiver request so that it can receive
high-cost universal service support for the period September 29, 2003 to
December 31, 2003.
  We invite comment on the Nextel Partners’ waiver request.  Pursuant to
applicable procedures set forth in sections 1.415 and 1.419 of the Commission’s
rules, interested parties may file comments on or before December 29, 2003, and
reply comments on or before   January 5, 2004.  All filings should refer to CC
Docket No. 96-45.  Comments may be filed using the Commission’s Electronic
Comment Filing System (ECFS) or by filing paper copies.

  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 <[email-masked]>, 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, NE, Suite 110, Washington,
DC 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 then 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.

  Parties 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, SW, Room 5-B540, Washington, DC
20554.  In addition, commenters must send diskette copies to the Commission’s
copy contractor, Qualex International, Portals II, 445 12th Street, SW, Room
CY-B402, Washington, DC 20054.

  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 Scott A. Mackoul, Telecommunications Access
Policy Division, Wireline Competition Bureau at 202-418-7498 or
[email-masked].  The TTY number is 202-418-0484.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-3949A1.doc

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