********************* ********************* ************** NOTICE ********************* ********************* ************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ********************* ********************* ********************* ** PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 99-1847 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov WESTERN WIRELESS CORPORATION PETITIONS FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER AND FOR RELATED WAIVERS TO PROVIDE SERVICES ELIGIBLE FOR UNIVERSAL SERVICE SUPPORT TO CROW RESERVATION, MONTANA PLEADING CYCLE ESTABLISHED CC Docket No. 96-45 Release Date: September 10, 1999 Comment Date: October 12, 1999 Reply Comment Date: October 27, 1999 On August 4, 1999, Western Wireless Corporation's wholly-owned subsidiaries, WWC Holding Co., Inc., and Western CLEC Corporation (collectively, "Western Wireless"), submitted a petition pursuant to Section 214(e)(6) of the Communications Act of 1934, as amended, seeking designation by the Commission as an eligible telecommunications carrier (ETC) to allow Western Wireless to provide services eligible for universal service support to the Crow Reservation in Montana. Western Wireless contends that its petition satisfies all the statutory prerequisites for designation as a ETC, and it is not subject to the jurisdiction of a state commission. Western Wireless also contends that designation as a ETC in a service area partially served by a rural telephone company will advance the public interest in this case. In addition, Western Wireless requests waivers of certain rules to facilitate its offering of services eligible for universal service support throughout its designated service area. Specifically, Western Wireless seeks a waiver of the rules that govern the support provided to competitive ETCs, with respect to the amount of high cost and low-income funding Western Wireless will receive as an ETC serving an Indian reservation, and the timing of Western Wireless' receipt of those funds. Western Wireless states that the Commission should grant this waiver to recognize that the federal government bears a greater responsibility than state commissions for addressing Indian economic development issues, and that state support may not be available to ETCs designated under Section 214(e)(6). Specifically, Western Wireless contends that, since the Commission stands in the place of the state for purposes of Section 214(e)(6), federal universal service support should provide both the federal share and imputed state share of universal service support. Western Wireless also requests that, rather than using a national cost benchmark to determine the amount of support, the amount of high cost support should be based on a unique benchmark developed specifically for this purpose. Western Wireless requests the use of a $10 per line benchmark. Western Wireless also requests a waiver of 47 C.F.R.  54.307 to allow Western Wireless to begin receiving universal service support immediately upon providing services eligible for universal service support to the Crow Reservation. Western Wireless also seeks a waiver of 47 C.F.R.  54.403 to enable the federal universal service fund to provide both the federal share and the state share of support for the Lifeline and Link-Up programs for low-income individuals. Western Wireless contends that each of the waiver requests satisfy the Commission's two-pronged waiver standard (i.e., that special circumstances justify the requested waivers, and granting them would serve the public interest). We seek comment on the issues raised in Western Wireless's petition. In addition, we note that the Commission has recently sought comment on a number of issues relating to unserved areas and tribal lands. To the extent that Western Wireless raises similar or related issues in its petition, we seek comment on the advisability of granting waivers during the pendency of that proceeding. 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 October 12, 1999, and reply comments on or before October 27, 1999. 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 Fed. Reg. 24,121 (1998). Comments filed through the ECFS can be sent as an electronic file via the Internet to . 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, Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit electronic comments by Internet e-mail. To receive 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