11 FCC Red No. 3 Federal Communications Commission Record DA 96-43 Before the Federal Communications Commission Washington, D.C. 20554 PUBLIC NOTICE Release Date: January 26, 1996 COMMENT SOUGHT ON PETITIONS FOR WAIVER OF SECTION 61.4l(C)(2) AND THE DEFINITION OF "STUDY AREA" CONTAINED IN THE APPENDIX-GLOSSARY OF PART 36 OF THE COMMISSION'S RULES AAD 95-171 Comment Date: February 26, 1996 Reply Date: March 12, 1996 On November 8, 1995, United Telephone Company of Kansas (United) and Classic Telephone, Inc. (Classic), a wholly-owned subsidiary of Classic Communications (Clas­ sic Communications), filed a joint petition for waiver of the definition of "Study Area" as set forth in the Appen­ dix-Glossary of Part 36 of the Commission's rules. That definition constitutes a rule freezing all study area bound­ aries. United seeks to alter the boundaries of its existing Kansas study area after selling four of its telephone ex­ changes (having 5,315 access lines) to Classic. Classic pro­ poses to establish a new study area in Kansas for the purchased exchanges. Classic Communications and Classic also seek waiver of Section 61.4l(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. Such waivers would permit the buyers to operate under rate-of-return regulation after acquiring the four exchanges that currently are under price cap regula­ tion. Finally, Classic Communications and Classic request waiver of Section 69(e)(ll), if needed, in order that Classic may become an issuing carrier in the National Exchange Carrier Association (NECA) tariffs and participate in all NECA pools effective with the purchase of the four ex­ changes. The Kansas Corporation Commission has stated, in an Order dated December 8, 1995,- that it does not object to the proposed reconfiguration of study area bound­ aries implied by the transaction. Interested parties may file comments on the petition on or before February 26, 1996, and reply comments on or before March 12, 1996, with the Secretary, Federal Com­ munications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554. Comments and reply comments should reference AAD 95-171. Four (4) copies should also be sent to Adrian Wright, Cost Analysis Branch, Common Carrier .Bureau, Room 812, 2000 L Street, N.W., Washing­ ton, D.C. 20554, and one (1) copy should be sent to the Commission's contractor for public service record duplica­ tion: 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. 1077 We will treat this proceeding as non-restricted for pur­ poses of the Commission's ex parte rules. See generally, 47 C.F.R. §§ 1.1200-1.1206. However, if the waiver petition is opposed 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