FEDERAL COMMUNICATIONS COMMISSION June 6,2011 JULIUS GENACHOWSKI CHAIRMAN The Honorable Dan Benishek U.S. House ofRepresentatives 514 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Benishek: Thank you for your letter regarding a petition filed by Osirus Communications, Inc. The petition requests that the Commission designate it as an incumbent local exchange carrier (ILEC) in the state ofMichigan to enable it to become a member ofthe National Exchange Carrier Association (NECA), to participate in NECA tariffs and pools, and to begin collecting high-cost universal service support. As you may know, there are two other carriers in Michigan seeking ILEC status for the same unserved areas. It is highly unusual for the Commission to choose among competing carriers seeking ILEC status, an issue more appropriately and typically decided at the state level. The Osirus petition raises important but complex issues, including how to ensure that consumers in high-cost areas ofthe country have access to modem communications networks, how to achieve that goal in a fiscally responsible manner, what to do when multiple providers seek to serve the same high-cost area, and the roles ofthe states and federal government in addressing these challenges. Earlier this year, the Commission initiated a proceeding to modernize the Universal Service Fund and intercarrier compensation systems to meet the nation's broadband availability challenge. That proceeding, which is on an aggressive schedule, seeks comment on each ofthe issues raised by the Osirus petition. Once that proceeding is concluded, we will be in a position to address the petition. A copy ofyour letter is being entered into the record ofthe proceeding and we will keep you apprised ofour work to resolve these important issues. Thank you for your interest in this important matter and please do not hesitate to contact me ifI can be offurther assistance. Si~ly, // .,/ iiUS Genachowski 445 12n-i STREET S.W. WASHINGTON, D.C. 20554 • 202-418-1000