$//Public Notice, Study Area and Price Cap Waivers, AAD 95-124, DA 95-2193//$

$/Part 36 Appendix-Glossary, Sect. 61.41(c)(2)/$
"Record Only"

                               PUBLIC NOTICE

             COMMENT SOUGHT ON PETITIONS FOR WAIVER OF SECTION
              61.41(C)(2) AND THE DEFINITION OF "STUDY AREA"
                   CONTAINED IN THE APPENDIX-GLOSSARY OF
                     PART 36 OF THE COMMISSION'S RULES
                                AAD 95-124
                                                            DA 95-2193
                                                            Release Date:  October 19, 1995
       Comment Date:  November 30, 1995 
       Reply Date:        December 14, 1995

       On September 6, 1995, US West Communications, Inc. ("US West") and 19 other
companies filed a joint petition for waiver of the definition of "study area" as set forth in the
Appendix-Glossary of Part 36 of the Commission's rules.  That definition constitutes a rule
freezing all study area boundaries.  US West seeks to alter the boundaries of its existing South
Dakota study area when transferring 63 of its telephone exchanges (having 45,700 access lines)
to the following 19 companies:

       Accent Communications, Inc.; Bridgewater-Canistota Independent Telephone Company;
       Dakota Cooperative Telecommunications, Inc.; Dakota Telecommunications Systems, Inc.;
       Fort Randall Telephone Company; G.W.S., Inc.; Hanson Communications, Inc.; Heartland
       Communications, Inc.; Intrastate Telephone Company, Inc.; Kennebec Telephone
       Company, Inc.; Mobridge Telecommunications Company; RC Communications, Inc.;
       Sancom, Inc.; Splitrock Properties, Inc.; State Line Telecommunications, Inc.; Stockholm-
       Strandburg Telephone Co.; Valley Cable & Satellite Communications, Inc.; Venture
       Communications, Inc.; and Western Telephone Company (collectively, "Acquiring
       Companies").

       Fifteen of the Acquiring Companies seek a Commission ruling that the study area freeze
rule does not apply to average schedule companies and, hence, that no waiver of that rule is
necessary for existing average schedule companies or new local exchange companies requesting
average schedule status.  Those 15 companies seek, in the alternative, a waiver of that rule, as
do the other four Acquiring Companies, which are or will be cost companies.  The Acquiring
Companies propose to add the transferred exchanges to their existing study areas or to establish
new study areas for those exchanges.  The Acquiring Companies further request that the
Commission not cap their post-acquisition levels of assistance from the Universal Service Fund.

       In addition, the Acquiring Companies seek waivers of Section 61.41(c)(2) of the
Commission's price cap rules, 47 C.F.R.  61.41, to exempt them from the price cap "all or
nothing" rule.  The Acquiring Companies also seek waivers of Sections 69.3(e)(11) and (i)(4) of
the Commission's access charge rules, if needed, 47 C.F.R.  69.3(e)(11) and (i)(4), so that all
regulatory, tariff and pooling changes may take effect on the date of their acquisition of these
exchanges from US West.  Finally, 14 of the Acquiring Companies request waivers of Section
69.605(c) of the Commission's access charge rules, 47 C.F.R.  69.605(c), to permit them to
obtain average schedule status.  

       Petitioners state that the proposed transfers of exchanges have been approved by the
following state commissions:  Iowa Utilities Board, Nebraska Public Service Commission, North
Dakota Public Service Commission, and the South Dakota Public Service Commission.

       Interested parties may file comments on the joint petition on or before November 30,
1995, and reply comments on or before December 14, 1995, with the Secretary, Federal
Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554.
Comments and reply comments should reference AAD 95-124.  Four (4) copies should also be
sent to Adrian Wright, Cost Analysis Branch, Common Carrier Bureau, Room 812, 2000 L Street,
N.W., Washington, D.C. 20554, and one (1) copy should be sent to the Commission's contractor
for public service record duplication: International Transcription Service (ITS), 2100 M Street,
N.W., Suite 140, Washington, D.C. 20037.  Copies of the petition may be obtained from the
Accounting and Audits Division's public reference room, Room 812, 2000 L Street, N.W.,
Washington, D.C.  Copies are also available from ITS at (202) 857-3800.

       We will treat this proceeding as non-restricted for purposes of the Commission's ex parte
rules.  See generally, 47 C.F.R.  1.1200-1.1206.  If the waiver petition is opposed, however
this proceeding becomes restricted under the Commission's ex parte rules.  See generally, 47
C.F.R.  1.1208-1.1216.  For further information contact Adrian Wright at (202) 418-0830.
                                     
                     FEDERAL COMMUNICATIONS COMMISSION