FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012 Page: 2,194
xi, 1878-2785 p. ; 28 cm.View a full description of this book.
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area boundaries will not adversely affect the universal service find;4 (2) the state commission having
regulatory authority over the transferred exchanges does not object to the transfer; and (3) the transfer is
in the public interest.5 In addition, the Division has found good cause to grant Mid-Rivers Telephone
Cooperative, Inc.'s request for a waiver of section 69.3(e)(I 1). which will permit Mid-Rivers to include
the Terry, Montana access lines, revenues, and investment in the NECA common line tariff pool, because
immediate participation in the NECA pool will allow Mid-Rivers to avoid the costs of filing and
maintaining its own interstate tariff only for approximately 416 subscribers for a brief period.6 The
Division therefore finds that good cause exists to grant these three petitions.7 The Division also notes that
all of the petitions were unopposed.8
this order [on October 27, 2011J will be evaluated based on the former three-prong standard." Connect America
Fund et a!.. WC Docket No. 10-90 et al.. Report and Order and Further Notice of Proposed Rulemaking. FCC 1 1-
161. note 437 (rel. Nov. 18. 2011); see also, e.g., US WIEST Communications. Inc., and Eagle Telecommunications,
Inc., Joint Petition for Waiver of the Definition of "Study Area " Contained in Part 36, Appendix-Glossary of the
Commission's Rules, AAD 94-27, Memorandum Opinion and Order, 10 FCC Red 1771, 1772, para. 5 (1995)
(PTl 'Eagle Order) (setting forth the former three-prong standard). All of the petitions were filed well before
October 27, 2011, so the new standard does not apply.
4 In evaluating whether a study area boundary change will have an adverse impact on the universal service fund, the
Commission analyzes whether a study area waiver will result in an annual aggregate shift in an amount equal to or
greater than one percent of high-cost support in the most recent calendar year. PTI/Eagle Order. 10 FCC Red at
1774. paras. 14-17; see also US WEST Communications. Inc., and Eagle Telecommunications, Inc., Joint Petition
.for Waiver of "Study Area" Contained in Part 36, Appendix-Glossary of the Commission's Rules, and Petition for
Waiver of Section 61.41(c) of the Commission's Rules, AAD 94-27. Memorandum Opinion and Order on
Reconsideration. 12 FCC Red 4644 (1997).
See Mid-Rivers Petition at 2-6; Pine Drive Petition at 4-6; Upper Peninsula Petition at 4-8.
6 See 47 C.F.R. 69.3(e)( 11). NECA submitted a letter indicating that it has no objection to the inclusion of the
lines in the NECA tariff. See Letter from Tracey E.J. Saltenberger. Deputy Counsel, NECA to Marlene H. Dortch,
Secretary, FCC, CC Docket No. 96-45 (filed July 7. 2008).
7 Generally, the Commission's rules may be waived if good cause is shown. 47 C.F.R. 1.3. The Commission may
exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public
interest. Northeast Cellular Telephone Co. v. FCC. 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). In
addition, the Commission may take into account considerations of hardship, equity, or more effective
implementation of overall policy on an individual basis. WIT41TRadio v. [CC, 418 F.2d 1153, 1159 (D.C. Cir.
1969); Northeast Cellular. 897 F.2d at 1166. Waiver of the Commission's rules is appropriate only if both (i)
special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.
NetworklP, LLC v. FCC, 548 F.3d 116. 125-128 (D.C. Cir. 2008); Northeast Cellular. 897 F.2d at 1166.
8 The Wireline Competition Bureau sought comment on each of these petitions. See Comment Sought on the
Petition of Mid-Rivers Telephone Cooperative, Inc. to Waive the Study Area Boundary Freeze, as Codified in Part
36, and Section 69.3(e)(11) of the Commission's Rules. CC Docket No. 96-45, Public Notice, 23 FCC Recd 5558
(Wireline Comp. Bur. 2008). Comments were filed by Qwest Corporation and the Montana Public Service
Commission in support of the Mid-Rivers petition. See Comments of Qwest Corporation, CC Docket. No. 95-45
(filed May 5. 2008); Letter from Greg Jergeson. Chainnan, Montana Public Service Commission to Marlene H.
Dortch. Secretary, FCC, CC Docket No. 96-45 (filed May 19, 2008). NTCA filed comments in support of the Pine
Drive Petition. See Comments of the National Telecommunications Cooperative Association, CC Docket. No. 95-
45 (filed Sept, 10, 2010). See Comment Sought on the Joint Petition of Pine Drive Telephone Company and Qwest
Corporation to ll/aive the Study Area Boundary Freeze, as Codified in Part 36, and Section 69. 3(e)(11 I) of the
Commission's Rules, CC Docket No. 96-45, Public Notice, 25 FCC Red 10094 (Wireline Comp. Bur. 2010). See
Comment Sought on the Joint Petition of Upper Peninsula Telephone Company and Michigan Central Broadband
Company, LLC to Waive the Study Area Boundaryt Freeze, as Codified in Part 36, and Section 69. 3(e) (11) of the2194
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 3, Pages 1878 to 2785, February 21 - March 16, 2012, book, March 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94252/m1/335/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.