[Federal Register: January 22, 2004 (Volume 69, Number 14)]
[Notices]               
[Page 3145-3146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja04-50]                         

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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 03-4113]

 
NPCR, Inc. d/b/a Nextel Partners Petition for Designation as an 
Eligible Telecommunications Carrier in the State of Florida

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: In this document, the Wireline Competition Bureau sought 
comment on the NPCR, Inc. d/b/a Nextel Partners' petition seeking 
designation as an eligible telecommunications carrier (ETC) to receive 
federal universal service support for service offered in certain rural 
and non-rural study areas in the state of Florida.

DATES: Comments are due on or before February 2, 2004. Reply comments 
are due on or before February 17, 2004.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for further filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Karen Franklin, Attorney, Wireline 
Competition Bureau, Telecommunications Access Policy Division, (202) 
418-7400, TTY (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's public 
notice, CC Docket No. 96-45, DA 03-4113, released December 30, 2003. On 
September 16, 2003, NPCR, Inc. d/b/a/ Nextel Partners (Nextel Partners) 
filed a petition seeking designation as an eligible telecommunications 
carrier (ETC). Nextel Partners provides commercial mobile radio service 
and seeks designation as an ETC so that it can receive federal 
universal service support for its service offered in the State of 
Florida in rural study areas currently served by GTC, Inc.''FL, 
Frontier Communications'South, ALLTEL Florida, Inc., and Quincey 
Telephone Company and in non-rural wire centers served by BellSouth 
Telecommunications, Inc.
    Nextel Partners contends that the Florida Public Service Commission 
(Florida Commission) does not regulate commercial mobile radio service 
providers for purposes of ETC designations and provides a declaration 
from the Florida Commission asserting its lack of jurisdiction. Nextel 
Partners submits that the Commission has jurisdiction under section 
214(e)(6) to consider and grant its petition. Nextel Partners also 
maintains that it satisfies all the statutory and regulatory 
prerequisites for ETC designation and that its designation as an ETC 
will serve the public interest.
    The petitioner must provide copies of its petition to the Florida 
Commission. The Commission will also send a copy of this public notice 
to the Florida Commission by overnight express mail to ensure that the 
Florida Commission is notified of the notice and comment period.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments as follows: 
comments are due February 2, 2004, and reply comments are due February 
17, 2004. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS) or by filing paper copies. See Electronic 
Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 
1998.
    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 .'' 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

[[Page 3146]]

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 a.m. to 7 
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, DC 20554. All filings must be sent to the Commission's 
Secretary, Marlene H. Dortch, Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554.
    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 Sec.  1.1206 of the Commission's rules, 47 CFR 1.1206, 
this proceeding will be conducted as a permit-but-disclose proceeding 
in which ex parte communications are permitted subject to disclosure.

Federal Communications Commission.
Sharon Webber,
Deputy Chief, Wireline Competition Bureau, Telecommunications Access 
Policy Division.
[FR Doc. 04-1337 Filed 1-21-04; 8:45 am]

BILLING CODE 6712-01-P