Electronic Comment Filing System

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C., 20554 Southern Communications Services, Inc. d/b/a SouthernLINC Wireless Petition for Designation as an Eligible Telecommunications Carrier in the State ofAlabama Petition for Designation as an Eligible Telecommunications Carrier in the State ofFlorida Petition for Designation as an Eligible Telecommunications Carrier in the State ofGeorgia CC Docket No. 96-45 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ---------------) AMENDED PETITION FOR WAIVER AND REQUEST FOR AN EXTENSION OF TIME On August 15,2006, Southern Communications Services, Inc., d/b/a SouthernLINC Wireless, through its attorneys and pursuant to section 1.3 ofthe Federal Communications Commission's rules, 47 C.F.R. § 1.3, filed a petition requesting the Federal Communications Commission ("Commission") to grant SouthernLINC Wireless an extension of time to file a five-year plan, as set forth in section 54.202(b) ofthe Commission's rules, 47 C.F.R. § 54.202(b),1 regarding its eligible telecommunications carrier ("ETC") status (" Waiver Section 54.202(b) states, "[a]ny common carrier that has been designated under Section 214(e)(6) as an eligible telecommunications carrier or that has submitted its application for designation under Section 214(e)(6) before the effective date ofthese rules must submit the information required by paragraph (a) ofthis section no later than October 1, 2006, as part ofits annual reporting requirements under § 54.209." DCO 1/SMITD1260887.2 Petition..).2 The ETC applications ofSouthernLINC Wireless remain pending, but SouthemLINC Wireless remains hopeful that the Commission will soon grant the applications, which would further the Commission's goals as Congressmen Jo Bonner, Nathan Deal, Charlie Norwood, Mike Rogers, and David Scott explained in a letter to the Commission dated October 31, 2006. 3 Therefore, SouthemLINC wireless respectfully requests the Commission to amend the pending Waiver Petition to permit SouthemLINC Wireless to file its section 54.202 report thirty (30) days after the Commission grants ETC status to SouthemLINC Wireless. For the reasons set forth in the Waiver Petition, SouthemLINC Wireless believes a limited waiver and extension oftime ofthe section 54.202 filing requirement is warranted and should be granted. Therefore, SouthernLINC Wireless respectfully requests that the Commission grant the Waiver Petition as amended by this petition. o d . aubert Denise Smith KELLEY DRYE & WARREN LLP 3050 K Street, NW, Suite 400 Washington, D.C. 20007 (202) 342-8400 tdaubert@kelleydrye.com Counsel to SouthernLINC Wireless December 1, 2006 2 3 Petition for Waiver and Request for an Extension ofTime, CC Docket 96-45 (filed August 15, 2006) (Attached hereto as Attachment 1). Letter from the Honorable Charlie Norwood (Georgia), the Honorable Michael Rogers (Alabama), the Honorable Nathan Deal (Georgia), the Honorable David Scott (Georgia), and the Honorable Jo Bonner (Alabama), to Hon. Marlene Dortch, FCC (October 31, 2006) (supporting grant ofSouthemLINC Wireless's ETC applications) (Attached hereto as Attachment 2). DCO l/SMITD/260887.2 2 ATTACHMENT 1 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C., 20554 Southern Communications Services, Inc. d/b/a SouthernLINC Wireless Petition for Designation as an Eligible Telecommunications Carrier in the State ofFlorida Petition for Designation as an Eligible Telecommunications Carrier in the State ofAlabama Petition for Designation as an Eligible Telecommunications Carrier in the State ofGeorgia CC Docket No. 96-45 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ----------------) PETITION FOR WAIVER AND REQUEST FOR AN EXTENSION OF TIME Southern Communications Services, Inc., d/b/a SouthernLINC Wireless,) through its attorneys and pursuant to section 1.3 ofthe Federal Communications Commission's rules, 47 C.F.R. § 1.3, respectfully requests that, ifthe Commission grants SouthernLINC Wireless's above-referenced pending applications for designation as an eligible telecommunications carrier ("ETC") on or before October 1,2006/ the Commission.waive the requirement that 2 Since filing its petitions for designation as an ETC, SouthernLINC has changed its name to SouthernLINC Wireless. Petitioner therefore requests designation as an ETC in the name of"SouthernLINC Wireless." SouthernLINC Wireless has filed five separate petitions for designation as an ETC. In Alabama and Georgia, SouthernLINC Wireless separate its petitions into rural and non rural areas, and in Florida, SouthernLINC Wireless submitted a combined rural and non rural application. See Parties are Invited to Comment on Southern LINCPetitionsfor Designation as an Eligible Telecommunications Carrier in the States ofAlabama, Florida and Georgia, Public Notice, DA 05-143 (Jan. 21,2005); Parties are Invited to Comment on Southern LINCPetitionsfor Designation as an Eligible SouthernLINC Wireless file a five-year plan pertaining to its ETC status on October 1, 2006, as set forth in section 54.202(b) ofthe Commission's rules, 47 C.F.R. § 54.202(b).3 Specifically, if the Commission grants SouthernLINC Wireless's application on or before October 1, 2006, then SouthernLINC Wireless requests that the Commission permit it to file its five-year plan sixty (60) days after the Commission grants.ETC status to SouthernLINC Wireless. Granting a limited waiver and extension oftime ofthe filing requirement is in the public interest, because it will permit SouthernLINC Wireless to file a more accurate and complete five-year plan with the Commission. SouthernLINC Wireless satisfies the standard for granting a waiver ofthe filing requirement. Generally, the Commission will waive its rules for good cause shown. 4 The Commission has found that it is appropriate to grant a waiver ifspecial circumstances exist that justify deviation from the traditional rule and ifwaiver is in the public interest. 5 In the present case, good cause and special circumstances exist for granting a waiver ofthe October 1, 2006, filing deadline. 3 4 5 Telecommunications Carrier in the States ofAlabama andGeorgia, Public Notice, DA 05-269 (Feb. 1,2005). This Petition for Wavier and Request for an Extension ofTime applies to each ofthe five petitions in the three above-captioned proceedings. Section 54.202(b) states, "[a]ny common carrier that has been designated under Section 214(e)(6) as an eligible telecommunications carrier or that has submitted its application for designation under Section 214(e)(6) before the effective date ofthese rules must submit the information required by paragraph (a) ofthis section no later than October 1, 2006, as part ofits annual reporting requirements under § 54.209." See, e.g., Valor Telecommunications ofTexas, L.p. RequestforReview ofDecision of Universal Service Administrator; Petition for Waiver and/or Clarification ofFiling Deadline in 47 C.FR. § 54.802(a), CC Docket No. 96-45, Order (reI. Jan. 13,2006) (finding good cause justified granting a waiver ofthe filing deadline for interstate universal service access support); see also WAITRadio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969) (establishing the waiver standard); Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. I990)(discussing the FCC's waiver standard). See Northeast Cellular, 897 F.2d at 1166. 2 Granting a waiver ofthe October 1,2006, filing deadline will enable SouthemLINC Wireless to file a plan that satisfies the Commission's criteria and contains the most up-to-date infonnation available. In the five-year plan, the ETC is required to describe "with specificity its proposed improvements or upgrades to [its] network on a wire center-by- wire centerbasis throughout its designated service area.,,6 In the plan, the ETC also must demonstrate how high-cost support will be used for "service improvements that would not occur absent receipt ofsuch support.,,7 In doing so, the Commission has requested specific infonnation such as the projected start date ofthe improvements and the number ofpersons affected by those improvements. s In the present situation, SouthemLINC Wireless filed its petitions for ETC status in September 2004, each ofwhich remains pending. The business plan SouthemLINC Wireless developed when it filed those petitions in 2004 is now outdated due to updates and expansions SouthemLINC Wireless has made to its networks and operations, and thus the plan would not satisfY the requirements ofsection 54.202(b) ofthe Commission's rules, 47 C.F.R. § 54.202(b). Although SouthemLINC Wireless currently is updating that plan, SouthemLINC Wireless would not have sufficient time to update and finalize the business plan with the requisite specificity if the Commission were to grant SouthemLINC Wireless's pending applications at any time between now and October 1, 2006. Therefore, SouthemLINC Wireless requests that the Commission provide it with sixty days after ETC designation in which to file the five-year plan. Providing SouthemLINC Wireless with this additional time will enable SouthemLINC Wireless to submit a plan that contains the detailed wire center analysis that the Commission seeks. 6 7 8 Federal-State Joint Board on Universal Service, Report and Order, FCC 05-46,~23 (Mar. 17,2006). Id. Id. 3 Granting a waiver and an extension oftime in which to file the plan also is consistent with the public interest. IfSouthernLINC Wireless has sufficient time in which to draft the plan, then it will be able to put forth a plan that maximizes the use ofthe funding that it will receive to the benefit ofits subscribers. Forthe foregoing reasons, good cause and special circumstances exist for granting a waiver ofthe October 1, 2006, filing deadline, and for granting SouthemLINC Wireless sixty days from approval ofthe ETC application in which to file the five-year plan. Therefore, SouthernLINC Wireless respectfully requests thatthe Commission grant this waiver request. Todd Daube Jennifer Kashatus KELLEY DRYE & WARREN LLP 3050 K Street, NW, Suite 400 Washington, D.C. 20007 (202) 342-8400 tdaubert@kelleydrye.com ikashatus@kelleydrye.com Counsel to SouthernLINC Wireless August 15,2006 4 ECFS Comment Submission: CONFIRMATION --- - -------- 1(~;Federal Communications Commission 1 -," The FCC Acknowledges Receipt ofComments From ... SouthernLINC Wireless ...and Thank You for Your Comments Your Confirmation Number is: '2006815844218' Date Received: Aug 15 2006 Docket: 96-45 Number ofFiles Transmitted: 1 I DISCLOSURE I , This confirmation verifies that ECFS has received and accepted your filing. However, your filing will be rejected by ECFS ifit contains macros, passwords, redlining, read-only formatting, a virus or automated links to source documents that is not included with your mingo Filers are encouraged to retrieve and view their filing , within 24 hours of receipt ofthis confirmation. For any problems contact the Help Desk at202-418-0193? . . Page I of 1 FCC Home Page Commissioners updated 12/11/03 Bureaus/Offices Anding Info http://gullfoss2.fcc.gov/cgi-bin/websqIlprod/ecfs/upload_v2.hts 8/15/2006 ATTACHMENT 2 (ltn rellS nf fIfe faf:ea .naJ~i11gb:nt.ilQI: 2U515 October 31,2006 Hon. Marlene Dortch Secret,u'y Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: SouthernIJINCCommunication Services, Inc. d/b/aSontblen:IIJ[l' ETC Designation Petition, CC Docket No.96~45,- Alabama, Flo Georgia Wireless, a and Dear Ms. Dortch: Consumers in areas that are access to affordabl consumers, like for voice cOlrun consumers e. prohibitively competitive ulliversa telecommunications c To that end, S less filed Petitions with the FCC seeking ETC status in the states ofAJabama, F tember 14, 2004. tly, SouthernLINC Wireless amended i seek ETC status only eas vvhere it provides coverage across the entire area. These Petitions 11.iive been pending f re than two years, and the delay is preventing consumers in these statesfroin receiving the full benefits that the universal service system is designed to provide. We strongly urge the FCC to support the FCC granting SouthemLI iately take action on the Petitions. In additi.on, we , ETC statns for the following reasons: 1America, but it wi11not ofmral " will benefit byhaving access to vice areas. Rural communities and consumers, in wireless services throughout the designat SouthernLlNC Wireless be able to implement its ervice p communities and consumers without designation (2) (3) (l) Thevalue ofuniversal service as a national goal ,viII be preserved and enhanced by making fundin less services that consumers increasingly rely on for their teleco1111 needs. PRINTED ON R.CYCLED PAPER (4) SouthernLINC Wireless senres a crucial role during disasters, and the cornpany has made providing reliable communications during a disaster a high priority. This last point deserves further expansion. Fifteen named hurricanes have made landfall in its service territory since SouthernLINC Wireless began operations, the most recent being HUITicane Katrina, which caused extensive damage along the Mississlppi and Alabama Gulf Coasts. In many instances, the SouthemLINC Wireless ne rovided the only immediate means ofcommunicating along these areas ofMississippi an na. SouthernLlNC Wireless also took extraordinary steps to repair damaged facilities quickly and ensure that vital communications were possible. Its efforts included, among other things, deploying microwave facilities and mobile cell sites to replace damage iIities, and activating approximately 2,500 phones for use by government and public es including the Mississippi EMA, the National Guard, the U.s. Coast Guard and g River Hospital. Similarly, when calls placed to the 228 area code in Mississippi uld not be comp due to heavy call volume, SouthernLINC Wireless quickly provisioned public safety p el with toll free numbers for their SouthemLINC Wireless phones in order to bypass ov equipment. Additionally, SouthernLINC Wireless enabled communication for public rsonnel regardless of whether they wereSouthernLINC Wireless customers. As required by Section 1.1206(0), this Ie s being filed el the public record ofthe above-referenced proceeding, and a copy is ailed to Chairman . Martin and Thomas Navin. Please direct any questions regarding this matter to the rsigned. Thank you for your consideration. Sincerely, cc: Thomas Navin CERTIFICATE OF SERVICE I, Denise N. Smith, do hereby certify that on December 1,2006, a true and correct copy ofthe foregoing "Amended Petition for Waiver and Request for an Extension of Time" was filed with the Federal Communications Commission via its Electronic Comment Filing System and served, via e-mail, on Vickie Robinson and Sheryl Todd ofthe Telecommunications Access Policy Division, Wireline Competition Bureau. C;~~~ ...~./~ Denise N. Smith DCO I/SMITD/260954. I