Whippany, NJ - January 20, 2004 - The National Exchange Carrier Association (NECA) has filed joint comments requesting that the Federal Communications Commission reject a petition by Western Wireless Corporation that asks the FCC to start a new rulemaking proceeding on rate-of-return regulation. Joining NECA in filing the comments are Eastern Rural Telecom Association, Independent Telephone and Telecommunications Alliance, National Telecommunications Cooperative Association, Organization for the Promotion and Advancement of Small Telecommunications Companies, United States Telecom Association and Western Alliance.

The comments point out that the requested proceeding is unnecessary because the issues raised by Western Wireless are already pending before the Commission in other closely-related proceedings.  According to the filing,  “a new rulemaking to consider matters that are already under consideration elsewhere would be contrary to basic principals of administrative law and would be a waste of the Commission’s time and resources.”

The comments explain that Western Wireless’ petition amounts to nothing more than a request that the Commission base universal service support for rural telephone companies on forward looking economic cost models rather than historical revenue requirements.   The comments further explain that these issues, as well as others raised by Western Wireless, are already before the Joint Board and the Commission in other contexts.

The comments also point out that opening a proceeding to eliminate ROR regulation, as Western Wireless requests, “would be transparently prejudicial to rural telephone companies’ interests and could ‘chill’ further investment in rural infrastructure, in contradiction to the Commission’s universal service goals.”