Electronic Comment Filing System

ECFS Filing Proceeding: 09-51
Name of Filer: Nex-Tech Wireless & Carolina West Wireless
Author: Todd B. Lantor
Lawfirm: Lukas, Nace, Gutierrez & Sachs, LLP
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Type of Filing: NOTICE OF EXPARTE
Exparte Presentation: YES
Date Received: 12/8/10
Date Posted: 12/9/10 8:29 AM
Address: 8300 Greensboro Drive Suite 1200 McLean, VA 22102

REDACTED VERSION ? FOR PUBLIC INSPECTION FILED VIA ECFS1 December 8, 2010 Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, S.W. Washington, DC 20554 Re: Ex Parte Meeting Notification GN Docket No. 09-51; CC Docket No. 96-45; WC Docket No. 05-337; WT Docket No. 05-265 Dear Ms. Dortch: On December 7, 2010, Chief Executive Officer Johnie Johnson and Chief Operating Officer Brian Spurgeon of Nex-Tech Wireless (?Nex-Tech?), along with Gwendolyn O?Brien Donaldson, President, Donaldson Companies, on behalf of Nex- Tech and Carolina West Wireless (?CWW?), met with Carol Mattey, Rebekah Goodheart and Elise Kohn of the Wireline Competition Bureau (?WCB?), Margaret Wiener and Erik Salovaara of the Wireless Telecommunications Bureau (?WTB?), and Steven Rosenberg and Kevin King of the Office of Strategic Planning and Policy Analysis (?OSP?) to discuss two of the NBP?s proposals: the five-year phase-down of Universal Service Fund (?USF?) support to wireless carriers and the imposition of reverse auctions on wireless carriers. Nex-Tech and CWW representatives provided information to Commission staff demonstrating that the Commission?s proposed five-year phase-down of USF support 1 The confidential version of this ex parte filing is being filed separately via U.S. Mail. Confidential treatment is requested of the attachments to this filing. Marlene H. Dortch December 8, 2010 Page 2 of 2 would severely threaten access to wireless services in rural areas. In that regard, company representatives demonstrated how the cap on CETC high-cost support and the Commission?s proposed phase-down of CETC high-cost support will impair service enhancements in the rural communities served by each carrier. Company representatives also discussed how network costs for the transition to 4G are becoming increasingly unmanageable for smaller wireless carriers. Nex-Tech and CWW representatives described the harm that exclusive handset arrangements and each company?s inability to enter into data roaming agreements with certain nationwide carriers are causing to their businesses. Nex-Tech Wireless representatives also described their concerns regarding recent ETC ?amendment? applications filed by Verizon Wireless around the country, including one filed with the Kansas Corporation Commission. Nex-Tech and CWW representatives discussed how reverse auctions would unduly harm small businesses and render no measurable savings in the federal procurement arena. Company representative described how reverse auctions disproportionately hurt small businesses and proved unsuccessful when used by other federal agencies. Finally, in order to preserve and promote wireless broadband access in rural areas, Nex-Tech and CWW representatives encouraged Commission staff to consider a targeted exemption from future USF reforms for certain carriers and the minimal economic impact that such an exemption would have on the size of the USF. Pursuant to Section 1.1206 of the Commission?s Rules, this notification is being filed electronically with your office. Respectfully submitted, Todd B. Lantor Counsel to Nex-Tech Wireless and Carolina West Wireless cc: Carol Mattey Rebekah Goodheart Elise Kohn Margaret Wiener Erik Salovaara Steven Rosenberg Kevin King Enclosures REDACTED VERSION ? FOR PUBLIC INSPECTION ENCLOSURES ? ALL REDACTED IN THEIR ENTIRETY