[Federal Register Volume 69, Number 135 (Thursday, July 15, 2004)]
[Notices]
[Pages 42438-42439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-15988]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-45; DA 04-1822]


Parties Are Invited To Comment on TracFone Wireless' Petition for 
Designation as an Eligible Telecommunications Carrier in the State of 
New York and Petition for Forbearance From Application of Section 214

AGENCY: Federal Communications Commission.

ACTION: Notice; solicitation of comments.

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SUMMARY: In this document, interested parties are invited to comment on 
two petitions filed on June 8, 2004 by TracFone Wireless, Inc. 
(TracFone), a reseller of commercial mobile radio services (CMRS).

DATES: Comments are due on or before July 26, 2004. Reply comments are 
due on or before August 9, 2004.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for further filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Thomas Buckley, Attorney, Wireline 
Competition Bureau, Telecommunications Access Policy Division, (202) 
418-7400, TTY (202) 418-0484.

SUPPLEMENTARY INFORMATION: This is a summary of public notice, CC 
Docket No. 96-45; DA 04-1822, released June 24, 2004. In this document, 
interested parties are invited to comment on two petitions filed on 
June 8, 2004 by TracFone Wireless, Inc. (TracFone), a reseller of 
commercial mobile radio services (CMRS). First, TracFone filed a 
petition for designation as an eligible telecommunications carrier 
(ETC) throughout the entire state of New York pursuant to section 
214(e)(6) of the Communications Act, as amended (the Act). In addition, 
because TracFone provides CMRS only through resale, pursuant to section 
10 of the Act, TracFone filed a petition requesting that the Commission 
forbear from applying the section 214(e)(1)(A) requirement that an ETC 
offer services supported by the universal service support mechanisms 
using either its own facilities or a combination of its own facilities 
and resale of another carrier's services.
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments as follows: 
Comments are due on or before July 26, 2004, and

[[Page 42439]]

reply comments are due on or before August 9, 2004. 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 FR 24121, May 1, 1998. Parties should 
clearly specify in the caption of all filings the petition(s) to which 
the filing relates.
    Comments filed through the ECFS can be sent as an electronic file 
via the Internet to http://www.fcc.gov/e-file/ecfs.html. 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, U.S. Postal Service mailing address, and the applicable docket or 
rulemaking number. Parties may also submit an electronic comment by 
Internet e-mail. To get 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 .'' A sample form and directions will be sent in reply.
    Parties who choose to file by paper must file an original and four 
copies of each filing. If more than one docket or rulemaking number 
appears in the caption of this proceeding, commenters must submit two 
additional copies for each additional docket or rulemaking number. 
Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). The Commission's contractor, Natek, Inc., will 
receive hand-delivered or messenger-delivered paper filings for the 
Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, 
Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 
p.m. All hand deliveries must be held together with rubber bands or 
fasteners. Any envelopes must be disposed of before entering the 
building. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, 
Express Mail, and Priority Mail should be addressed to 445 12th Street, 
SW., Washington, DC 20554. All filings must be addressed to the Marlene 
H. Dortch, Office of the Secretary, Federal Communications Commission.
    Parties who choose to file by paper also must send three paper 
copies of their filing to Sheryl Todd, Telecommunications Access Policy 
Division, Wireline Competition Bureau, Federal Communications 
Commission, 445 12th Street, SW., Room 5-B540, Washington, DC 20554. In 
addition, commenters must send diskette copies to the Commission's copy 
contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th 
Street, SW., Room CY-B402, Washington, DC 20554.
    Pursuant to Sec.  1.1206 of the Commission's rules, 47 CFR 1.1206, 
this proceeding will be conducted as a permit-but-disclose proceeding 
in which ex parte communications are permitted subject to disclosure.

Federal Communications Commission.
Anita Cheng,
Assistant Chief, Wireline Competition Bureau Telecommunications Access 
Policy Division.
[FR Doc. 04-15988 Filed 7-14-04; 8:45 am]
BILLING CODE 6712-01-P