FCC Web Documents citing 54.701

as compiled by hallikainen.com/FccRules on 2012 06 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.pdf
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, � 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, � 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.pdf
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, � 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, � 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.pdf
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232, (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, � 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.pdf
  • Universal Service Support Mechanisms, Report and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 �� 63-64. 47 C.F.R. � 54.701(a). Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.pdf
  • Telecommunications Reporting Worksheet, Line 105, filed June 22, 2002 (``Omniat 2002 499-A''). See Omniat home page, http://www.omniat.com; Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). Omniat advertises interstate rates of ``4.5 cents anywhere in the US,'' and the ``lowest international rates in the US.'' Id. USAC is the administrator of the federal universal service fund. 47 C.F.R. � 54.701(a). Omniat's web site refers to the company interchangeably as ``OMNIAT,'' ``OMNIAT Telecom,'' and ``OMNIAT Telecom, LLC.'' See Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). The web site lists the address of the company as 127 W. Fairbanks Avenue, Suite 322, Winter Park, FL 32789. See About OMNIAT, http://www.omniat.com/About.asp (last visited Jan. 21, 2009). Omniat obtained an FCC
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.pdf
  • 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.pdf
  • 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.pdf
  • percentage of the company's overall traffic.'' FLOI Response, Response to Inquiry 20(a). In 2004, the company received a certificate of public convenience and necessity in California to operate as a nondominant interexchange carrier providing inter- and intra-LATA services. LOI Response, Response to Inquiry 6. FLOI Response, Response to Inquiry 20(c). USAC administers the federal Universal Service Fund. 47 C.F.R. � 54.701(a). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, Starfone, dated Mar. 9, 2009 (LOI). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, RB Communications, Inc., dated Sept. 4, 2009 (FLOI). LOI Response, Response to Inquiry 18.
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  • (SLD Appeal). SLD Appeal at 1. SLD Appeal at 1-2. Letter from Schools and Libraries Division, Universal Service Administrative Co., to William R. Leto, Project Interconnect, dated September 15, 2000 (Administrator's Decision on Appeal). Request for Review at 2. Id. Id. Id. 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). 47 C.F.R. � 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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  • Hysham Public Schools, Hysham, Montana, dated August 5, 1999 (Receipt Acknowledgement Letter). Receipt Acknowledgement Letter at 3. . Administration of the schools and libraries support mechanism is the responsibility of SLD under the oversight of the Schools and Libraries Committee of USAC. 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include their authority to make decisions in how to administrate the schools and libraries program and ensure compliance with our rules. See Changes to the Board of Directors of
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  • 471). Id. SLD Letter. SLD Appeal. Id. Id. Administrator's Decision on Appeal. Id. Id. Request for Review. Administration of the schools and libraries support mechanism is the responsibility of SLD, under the oversight of the Schools and Libraries Committee of USAC. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include "development of applications and associated instructions," "review of bills for services that are submitted by schools and libraries," and "administration of the application process, including activities to ensure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2456A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2456A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2456A1.txt
  • School, to Schools and Libraries Division, Universal Service Administrative Company, filed June 19, 2000 (Appeal to SLD), at 1. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Phil McHugh, Most Holy Trinity School, dated March 8, 2001 (Administrator's Decision on Appeal). Id. at 1-2. Id. at 2. Id. Request for Review at 1-2. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). While the application of this procedure leads to a denial of funding in this instance, that result could have been avoided by submitting two separate funding requests, one for the Priority One services, and the second for the Priority Two services. In Request for Review by Williamsburg-James City County Public Schools, Federal-State Joint Board on Universal Service,
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  • Service Category used for labor should reflect the same service category of the product, or service being installed or maintained''). Request for Review, at 2. East Grand Form 471, Attachment A; see also 47 C.F.R. � 54.506 (defining internal connections) Request for Review, at 2. East Grand Form 471, Attachment A. Request for Review, at 2. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See supra, para. 4. While the application of this procedure leads to a denial of funding in this instance, that result could have been avoided by submitting two separate funding requests, one for the Priority One services, and the second for the Priority Two services. We also note that in Request for Review by Williamsburg-James City County
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  • Request for Review, at 1. Request for Review by Most Holy Trinity, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-161422, CC Dockets No. 96-45 and 97-21, Order, DA 01-2456 (Com. Car. Bur. rel. October 23, 2001) (Most Holy Trinity Order) (affirming procedure). See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). Further Notice of Proposed Rulemaking, FCC 01-143, n.13. See Merrimack Form 471. 01-2578 01-2578 � � � L 4 � N N
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  • or more of the request is for funding of ineligible services, SLD will deny the funding request in its entirety. The 30 percent policy allows SLD to efficiently process requests for funding that contain only a small amount of ineligible services without expending significant fund resources working with applicants that are requesting funding of ineligible services. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2958A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2958A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2958A1.txt
  • is for funding of ineligible services, SLD will deny the funding request in its entirety. The 30 percent policy allows SLD to efficiently process requests for funding that contain only a small amount of ineligible services without expending significant fund resources working with applicants that are requesting funding of ineligible services. Request for Review, at 1. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-852A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-852A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-852A1.txt
  • Christian School, Duquesne, Pennsylvania, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Benjamin J. Aron, Schwaninger & Associates, to Federal Communications Commission, filed December 8, 1999 (Request for Review). 47 C.F.R. �� 54.502, 54.503. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions); see also Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1122A1.txt
  • Corporation, to Schools and Libraries Division, Universal Service Administrative Company, filed August 6, 2001, at 1. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Roger Whaley, New Albany Floyd County Schools Corporation, dated October 1, 2001 (Administrator's Decision on Appeal). Id. at 1-2. See supra, para. 2. See New Albany Form 471. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii). 47 C.F.R. � 54.511(a); Administrator's Decision on Appeal, at 2. FCC Form 471, Block 6, Item 33. FCC Form 471, Block 6, Item 25; see also FCC Form 471 Instructions, at 24 (instructing applicants to check Item 25 to indicate that entities have the necessary resources for the ``eligible services you have requested in Block 5''). FCC Form
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1233A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1233A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1233A1.txt
  • Carolina Office of Information Technology Services, dated May 1, 2001 (Administrator's Decision on Appeal). Request for Review. Administration of the schools and libraries support mechanism is the responsibility of SLD, under the oversight of the Schools and Libraries Committee of USAC. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include "development of applications and associated instructions," "review of bills for services that are submitted by schools and libraries," and "administration of the application process, including activities to ensure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1408A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1408A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1408A1.txt
  • FCC Rcd at 13754, para. 38. Id. 47 C.F.R. � 54.504 et seq.; See Request for Review by Free Library of Philadelphia, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-112605, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 23820 (2000). See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1782A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1782A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1782A1.txt
  • Letter from Schools and Libraries Division, Universal Service Administrative Company to Daryl Ann Borel, Houston Independent School District, dated December 22, 2000 (December Funding Commitment Decision Letter). Request for Review. Id. at 10. Id. SLD Website, Service Categories: SLD Adjustment Process . 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). 47 C.F.R. � 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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  • Sue Burch, School District of Grand Island, to Schools and Libraries Division, Universal Service Administrative Company, filed May 11, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sue Burch, School District of Grand Island, dated February 14, 2001 (Administrator's Decision on Appeal). Id. at 2. Id. at 1. Request for Review. Id. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-698A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-698A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-698A1.txt
  • is for funding of ineligible services, SLD will deny the funding request in its entirety. The 30 percent policy allows SLD to efficiently process requests for funding that contain only a small amount of ineligible services without expending significant fund resources working with applicants that are requesting funding of ineligible services. Petition for Reconsideration, at 3. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). Request for Review by Most Holy Trinity, at para. 4; see also SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-93A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-93A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-93A1.txt
  • Ward, School District of La Crosse, to Schools and Libraries Division, Universal Service Administrative Company, filed May 4, 2000 (SLD Appeal). Id. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Ward, School District of La Crosse, dated January 23, 2001 (Administrator's Decision on Appeal). Id. Id. Id. Request for Review. Id. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-94A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-94A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-94A1.txt
  • or more of the request is for funding of ineligible services, SLD will deny the funding request in its entirety. The 30 percent policy allows SLD to efficiently process requests for funding that contain only a small amount of ineligible services without expending significant fund resources working with applicants that are requesting funding of ineligible services. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
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  • the universal service fund that would trigger increased funding requirements at a time when there is tremendous instability of the fund. SBC proposes that the Commission reform the high-cost support mechanism by establishing an affordability benchmark and funding all areas where forward-looking costs exceed the affordability benchmark. Recommendation In the 2000 Biennial Regulatory Review, the staff recommended deletion of sections 54.701(b)-(e), which address the now-completed merger of the Schools & Libraries Corporation and the Rural Health Care Corporation into USAC. WCB staff again finds that these rules are not necessary in the public interest for the reasons set forth in the Commission's previous review, and thus recommends that the Commission eliminate these sections in the context of ongoing rulemaking proceedings. The
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  • also 47 C.F.R. � 54.706(b). See 47 C.F.R. � 54.709(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Docket Nos. 96-45, 97-21, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Second Order on Reconsideration). See also 47 C.F.R. � 54.701. 47 C.F.R. � 54.711(a). See Form 499-A Instructions at 9; Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms at 8 (Form 499-Q Instructions). Unless otherwise indicated, all references are to the 2003 version of the Form 499-Q Instructions. The requirement in the Contribution Methodology Order and NPRM for contributors to report projected revenues in
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  • General Attorney, SBC Telecommunications, Inc., to David Janas, Special Counsel, Investigations & Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 6, 2004 and September 13, 2004. See Part 54, Subpart F, of the Commission's rules, 47 C.F.R. � 54.500 et seq. The Commission has designated USAC to administer universal service support under Commission direction and oversight. 47 C.F.R. � 54.701. Under this provision, SBC will not be required to provide E-Rate compliance training to employees whose responsibilities do not include any decision making regarding E-Rate contracts and services, and whose involvement in E-Rate projects is limited to performing non-E-Rate specific job functions. (continued....) Federal Communications Commission DA 04-3893 Federal Communications Commission DA 04-3893 - - O P Q T U
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  • No. 96-45, Order, 19 FCC Rcd 13580 (2004) (True-Up Order). See ALLTEL Petition at 1; Cincinnati Bell Wireless Supplemented Petition at 1; Cingular Petition at 1; Dobson Petition at 2; Met-Tel Petition at 1; Nex-Tech Petition at 1; Nextel Petition at 6; T-Mobile Petition at 1. See True-Up Order, 19 FCC Rcd at 13580-81, para. 2. See 47 C.F.R. � 54.701 (stating that the Universal Service Administrative Company is the Administrator of the universal service support mechanisms). True-Up Order, 19 FCC Rcd at 13581, para. 3 (citing Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms,
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  • (WCB 2005). See BellSouth LD Petition at 2, 6; SouthernLINC Petition at 8. SouthernLINC Petition at 8-10. Alternatively, SouthernLINC requests that the Commission permit it to revise its historical gross-billed revenues for the first quarter 2003 as reported in its May 1, 2003 Form 499-Q. Id. See True-Up Order, 19 FCC Rcd at 13580-81, para. 2. See 47 C.F.R. � 54.701 (stating that the Universal Service Administrative Company is the Administrator of the universal service support mechanisms). True-Up Order, 19 FCC Rcd at 13581, para. 3 (citing Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms,
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  • August 23, 2004 (Petition). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 19 FCC Rcd 13580 (2004) (True-Up Order). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 04-3903 (Wireline Comp. Bur. rel. December 17, 2004). See Petition at 1-2. See True-Up Order, 19 FCC Rcd at 13580-81, para. 2. See 47 C.F.R. � 54.701 (stating that the Universal Service Administrative Company is the Administrator of the universal service support mechanisms). True-Up Order, 19 FCC Rcd at 13581, para. 3 (citing Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms,
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  • Form 471, Item 33, Block 6. 47 C.F.R. � 54.504(c)(1). (retrieved April 19, 2006). In certain situations, other documentation, such as evidence that each consortium member knew it was represented on the application, may be accepted as proof of authorization. Id. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC
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  • the application; and the type of services covered by the LOA. See LOA Guidance. In certain situations, other documentation, such as evidence that each consortium member knew it was represented on the application, may be accepted as proof of authorization. Id. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45,
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  • the application; and the type of services covered by the LOA. See LOA Guidance. In certain situations, other documentation, such as evidence that each consortium member knew it was represented on the application, may be accepted as proof of authorization. Id. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45,
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  • and Link-Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 8302 (2004) (Lifeline/Link-Up Report and Order). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8952-52, para. 329 (1997) (1997 Universal Service Order); 47 U.S.C. ��151, 154(i), 201, 205; 47 C.F.R. �� 54.701 and 54.702. 47 C.F.R. �� 1.1200 et seq. See 47 C.F.R. � 1.1206(b)(2). 47 C.F.R. � 1.1206(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov T ... � � � � P�3w(m�H(R)�nd�� 䡬�q�[�K��8⋵��`�"o3�zl[Siw�C� ��V����4���>j��q�M��]�nM # TX�G��ڟ�(R)�}� ��"�tma: �TU"�[��[(c)�} �va�
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  • obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Consumer & Governmental Affairs Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms (See 47 CFR 54.701 of this chapter), the North American Numbering Plan administration cost recovery (See 47 CFR 52.16 of this chapter), and the long-term local number portability cost recovery (See 47 CFR 52.32 of this chapter). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS
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  • functions and responsibilities, as well as, the composition of the Administrator's Board of Directors and Committees. These rules also establish requirements regarding contributions and contributor reporting requirements. Need: In implementing statutory requirements for the Universal Service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Numbers and Titles: 54.701 Administrator of universal service support mechanisms. 54.703 The Administrator's Board of Directors. 54.705 Committees of the Administrator's Board of Directors. 54.707 Audit controls. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. Contributor's failure to report or to contribute. PART 59-INFRASTRUCTURE SHARING Brief Description: These rules specify the general duty of incumbent LECs to provide
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  • IS GRANTED. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. �1.102(b)(1), this order SHALL BE effective upon release. FEDERAL COMMUNICATIONS COMMISSION Julie A. Veach Acting Chief Wireline Competition Bureau USAC Petition for Waiver of 47 C.F.R. 54.717(f), CC Docket No. 96-45 (filed Mar. 31, 2009) (Petition); 47 C.F.R. � 54.717(f). 47 C.F.R. � 54.701(a); see Changes to the Board of Directors of the National Exchange Carrier Association and Federal-State Joint Board on Universal Service, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25069-70, para. 20 (1998) (USAC Order). USAC Order,
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  • U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000). Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd at 18475, Appendix C. In 1999 the Commission combined the universal service reporting requirements of the FCC Form 457 with the reporting requirements of several other regulatory programs into a consolidated Telecommunications Reporting Worksheet, FCC Form 499. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services,
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  • functions and responsibilities, as well as the composition of the Administrator's Board of Directors and Committees. These rules also establish requirements regarding contributions and contributor reporting requirements. Need: In implementing statutory requirements for the universal service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Number and Title: 54.701 Administrator of universal service support mechanisms. 54.702 Administrator's functions and responsibilities. 54.703 The Administrator's Board of Directors. 54.704 The Administrator's Chief Executive Officer. 54.705 Committees of the Administrator's Board of Directors. 54.706 Contributions. 54.708 De minimis exemption. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. 54.715 Administrative expenses of the Administrator. SUBPART I-REVIEW OF
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  • at 2. Although USAC acted properly in adjusting TMI's contribution assessments to reflect accurately TMI's reported revenue, USAC should have explained the reason for the adjustment to TMI prior to or at the time it issued TMI's July 2007 invoice, consistent with its obligation to administer universal service support in ``an efficient, effective, and competitively neutral manner.'' 47 C.F.R. � 54.701(a). Federal Communications Commission DA 10-1122 Federal Communications Commission DA 10-1122 � � 4 = b r � '' � � � � � � �� �� `�_
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  • Universal Service First Report and Order, 12 FCC Rcd at 9171, para. 772; 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd at18400, 18423--24, para. 41; see 47 C.F.R. � 54.701. (1997) (Universal Service Second Order on Reconsideration). 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Apr.
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  • service fund. Universal Service First Report and Order, 12 FCC Rcd at 9207, para. 846. Id. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997); see 47 C.F.R. � 54.701. (last visited Apr. 30, 2010) (USAC Form 499 Filing Schedule). Contributors project future quarters' revenue on the quarterly Telecommunications Reporting Worksheets (FCC Form 499-Q), which are generally filed on February 1, May 1, August 1, and November 1. USAC Form 499 Filing Schedule. 47 C.F.R. � 54.711(a). 47 C.F.R. � 54.702(b). An entity that provides telecommunications services on a common
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  • FCC Rcd at 9171, para. 772; 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Universal Service Second Order on Reconsideration); see 47 C.F.R. � 54.701. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 18, 2011) (USAC Form 499 Filing Schedule). Contributors
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  • para. 15 (1999) (Universal Service Eighth Report and Order). Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd at 18400, 18423-24, para. 41 (1997) (Universal Service Second Order on Reconsideration); see 47 C.F.R. � 54.701. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See USAC, Schedule of Filings, http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 17, 2011) (USAC Form 499 Filing Schedule). Contributors project future quarters'
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  • C.F.R. �1.102(b)(1), this order SHALL BE effective upon release. FEDERAL COMMUNICATIONS COMMISSION Trent B. Harkrader Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from David Case, Universal Service Administrative Company, to Mark Stephens, Chief Financial Officer, Office of Managing Director, Federal Communications Commission, CC Docket No. 96-45 (dated Mar. 27, 2012) (Petition); 47 C.F.R. � 54.717(f). 47 C.F.R. � 54.701(a); see Changes to the Board of Directors of the National Exchange Carrier Association and Federal-State Joint Board on Universal Service, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25069-70, para. 20 (1998) (USAC Order). USAC Order,
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  • or � 69.152(d) and (q)'' with ``� 69.104 or �� 69.152(d)(1) and 69.152(q) of this chapter'' Amend Appendix B, � 54.403(b) by replacing ``� 69.104 or � 69.152(d) and (q)'' with ``� 69.104 or �� 69.152(d)(1) and 69.152(q) of this chapter'' and by replacing each time it appears ``End-User Common Line'' with ``End User Common Line'' Amend Appendix B, � 54.701(g); � 54.702(a); � 54.705(c)(1); Subpart I - Interstate Access Universal Service Support Mechanism; � 61.46(d); and � 61.48(l)(1)(i)(B), by replacing ``Subpart I'' with ``subpart J'' Amend Appendix B, � 54.701(g) and � 54.702(a) by replacing ``Part'' with ``part'' Amend Appendix B, � 54.705(a)(1) by redesignating subsections (A) through (K) as (i) through (xi) Amend Appendix B, � 54.705(a)(2) by redesignating
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  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
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  • compliance (as captured within the processes associated with the Form 499-A), a compliance attestation audit of contributors corresponding to a unique Filer_ ID was undertaken. With the IG's use of compliance attestation audits, the auditee (management of the contributor) is required to sign an assertion letter acknowledging its responsibility for compliance with applicable requirements Commission rules (e.g. 47 C.F.R. �� 54.701-717), as well as orders governing contribution requirements to the Federal Universal Service Fund and to make specific assertions relative to the auditee's compliance with those rules. Auditors validate or invalidate the assertions, and provide the cause(s) for the failure of an assertion. That is, auditors determine whether a contributor is in compliance with FCC rules and, if the contributor is
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  • analysis of the 89 observation which includes non-random substitutes is set out in Appendix 1. Memorandum For Heads of Executive Departments and Agencies - Issuance of Appendix C to OMB Circular A-123. Executive Office of the President, Office of Managemant and Budget (August 10 2006), Appendix C at 2. See 47 U.S.C. � 254(h)(1) and (2). See 47 C.F.R. �� 54.701-705. See generally USAC Website: www.usac.org/rhc. 54 C.F.R. � 54.603(b). 54 C.F.R. � 54.603(a). 54 C.F.R. � 54.603(b)(4). The issuance of a check for the discount means that the health care provider paid full price for the telecommunications or internet access and receives the discount in the form of a check. USAC Website: www.usac.org. See FCC Report to Congress on Improper
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295932A1.pdf
  • rules are particularly relevant to this case. First, SLD has detailed rules governing what equipment and services may be purchased with E-Rate funds. In general 1 USAC is a nonprofit corporation designated by the FCC as the admin- istrator of the Universal Service Fund, the source of funding for E-Rate and other Universal Service programs. See 47 C.F.R. �� 54.5, 54.701-717. 1316 UNITED STATES v. GREEN Case: 08-10149 01/22/2010 Page: 3 of 24 DktEntry: 7204178 terms, SLD will subsidize the purchase and installation of equipment needed to establish a school's connectivity. End- user devices that are needed to actually make use of that con- nectivity, such as computers, telephones, or fax machines, are not eligible for a subsidy by SLD. In
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  • para 52. See ITTA Comments at 8-9. Specifically, the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to
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  • examples of rules that should be eliminated, in whole or in part, for this reason. 36.701 - Lifeline connection assistance expense allocation - general. 51.211 - Toll Dialing Parity Implementation. 51.515(b)-(c) - Application of access charges. 53.101 - Joint marketing of local and long distance services by interLATA carriers. 53.201(a)-(b) - Services for which a separate 272 affiliate is required. 54.701(b)-(e) - Administrator of universal service support mechanisms. 64.1320 - Payphone compensation verification and reports. 64.1903(c) - Obligations of all incumbent independent local exchange carriers. 69.116 - Universal service fund. 69.117 - Lifeline assistance. 69.126 - Nonrecurring charges. 69.127 - Transitional equal charge rule. 69.612 - Long term and transitional support. Other Issues Comments The Commission sought public comment on the
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  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
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  • state commission pursuant to subsections (d)(2)(i) and (d)(2)(iv) of this section or the Federal Communications Commission. A carrier electing to disaggregate and target support under subsection (c) or (d) of this section must submit to the Administrator maps which precisely identify the boundaries of the designated disaggregation zones of support within the carrier's study area. Subpart H -- Administration Section 54.701 is revised by amending paragraph (g)(1)(iii) as follows: � 54.701 Administrator of universal service support mechanisms. * * * (g)(1) * * * (iii) The High Cost and Low Income Division, which shall perform duties and functions in connection with the high cost and low income support mechanism, the interstate access universal service support mechanism for price cap carriers described
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  • * * * (c) Keep confidential all data obtained from carriers and not disclose such data in company-specific form unless authorized by the Commission. Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the B & C Agent may share data obtained from carriers with the administrators of the universal service support mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter, and the local number portability cost recovery (See 47 CFR 52.32). The B & C Agent shall keep confidential all data obtained from other administrators. The B & C Agent shall use such data, from carriers or administrators, only for calculating, collecting and verifying payments. The Commission
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  • on interexchange carriers. See 47 C.F.R. � 69.4(d). Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). See id. at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. � 54.711(a) (providing that ``[c]ontributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet . . . .''); Second Order on Reconsideration, 12 FCC Rcd at 18424, para. 43, 18442, para. 80, 18501-02, Appendix C. The Commission adopted the Worksheet and attached it
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  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24 para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
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  • 47 C.F.R. � 54.722(a). >. Eighth Order on Reconsideration, 13 FCC Rcd 25058, 25091-25094, paras. 66-71. USAC's operations include three divisions created pursuant to the Commission's regulations: the High Cost and Low Income Division, the Schools and Libraries Division, and the Rural Health Care Division, each of which is responsible for its respective universal service support mechanism. 47 C.F.R. � 54.701(g)(1). For each of these three divisions, there is a committee of the USAC Board of Directors (the Board) that directs and oversees its actions. 47 C.F.R. � 54.701(f). Any action taken by a committee with regard to its respective support mechanism is binding on the Board, unless the USAC Board disapproves of such action by a two-thirds vote of a
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  • the new provisions are substantively the same as the original definitions, we conclude that all of these rule changes are minor and technical, and we therefore find good cause to conclude that notice and comment procedures of the Administrative Procedure Act (APA) are unnecessary. Deletion of Obsolete Rules The Biennial Regulatory Review 2000 Staff Report (Staff Report) recommended that sections 54.701(b) through (e) of our rules, which mandate the merger of the Schools and Libraries Corporation and the Rural Health Care Corporation into the Universal Service Administrative Company, be deleted. Given that the merger has been completed, the Staff Report concluded that these transitional provisions were no longer applicable. We now adopt the recommendations of the Staff Report and delete section
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  • Inc., and Verizon telephone companies ARE GRANTED, IN PART, as set forth herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary AT&T Petition for Waiver, CC Docket No. 96-45, (filed Jan. 27, 2004); SBC Petition for Waiver, CC Docket No. 96-45, (filed Feb. 27, 2004); Verizon Petition for Waiver, CC Docket No. 96-45, (filed Feb. 27, 2004). See 47 C.F.R. � 54.701 (stating that the Universal Service Administrative Company is the Administrator of the universal service support mechanisms). See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities,
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  • Administrator.'' 47 C.F.R. � 54.703(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, �� 10-14 (1998) (``USAC Appointment Order''); 47 C.F.R. � 54.701(a). This amount was disbursed as of April 30, 2005. See, e.g., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912 (2003) (``Third Report and Order''); Lifeline and Link Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking, 19
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  • (1996). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. The Commission has appointed the Universal Service Administrative Company (``USAC'') as permanent administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). 47 U.S.C. � 225(b)(1). See Telecommunications Relay Services and the Americans with Disabilities Act of 1990, Third Report and Order, 8 FCC Rcd 5300, 5301, � 7 (1993). Telecommunications relay services enable persons with hearing and speech disabilities to communicate by telephone with persons who may or may not have such disabilities. Such services provide telephone access to a
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  • 43235. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 C.F.R. �� 64.1195(a). 47 C.F.R. �� 54.711(a), 64.604(c)(5)(iii)(B), 52.17(b). 47 U.S.C. �� 254(d), 251(e)(2). 47 C.F.R. �� 54.706(a), 64.604(c)(5)(iii)(A), 52.17(a). 47 C.F.R. �� 1.1154, 1.1157(b)(1). The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection. 47 C.F.R. �� 54.701(a), 54.702(b). See www.teletronics-inc.com. See Letter from David A. Ferris, Counsel for Teletronics, Inc., Ferris and Neuman, L.L.P, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, FCC, dated November 24, 2004. Because this letter did not specify the exact dates in 1999 that Teletronics began interstate and international services, the applicability of regulatory provisions that became effective during
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  • San Antonio, TX , 78209. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. � 254(d). 47 C.F.R. �� 54.711(a), 64.604. 47 C.F.R. �� 54.706(a), 64.604(c)(5)(iii)(A). 47 C.F.R. �� 1.1154, 1.1157(b)(1). The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). See, e.g., 47 U.S.C. � 151. See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Existing carriers such as Carrera were required to register on or before April 2, 2001. Id. at 15996, 16025 (requiring existing
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  • filer identification number is then to be included on all further filings by the company and is used by the Commission and its administrators to track the carrier's contributions and invoices. The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. � 54.709(a). See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC
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  • Suite 300, Beverly Hills, CA 90211. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 C.F.R. � 64.1195. 47 C.F.R. �� 54.711(a), 64.604(c)(5)(iii)(B). 47 U.S.C. � 254(d). 47 C.F.R. �� 54.706(a), 64.604(c)(5)(iii)(A). The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). See, e.g., 47 U.S.C. � 151. See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 47 C.F.R. � 64.1195. Based on Telecom House's reported revenue for 2002, which it reported through its 2003 Form 499-A, it
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  • Inc., 105 Park Place Way, Carrollton, GA 30117. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 C.F.R. � 64.1195. 47 C.F.R. � 54.711(a). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(a). The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). See, e.g., 47 U.S.C. � 151. See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 47 C.F.R. � 64.1195. Based on CSII's reported revenue for 2002, CSII was a de minimis carrier in 2002, and therefore
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  • the application; and the type of services covered by the LOA. See LOA Guidance. In certain situations, other documentation, such as evidence that each consortium member knew it was represented on the application, may be accepted as proof of authorization. Id. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45,
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  • 47 C.F.R. �� 54.502-03. . See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, �� 10-14 (1998) (``USAC Appointment Order''); 47 C.F.R. � 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. � 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. � 254. Under
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  • Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, 02-6, Order on Reconsideration and Fourth Report and Order, 19 FCC Rcd 15252 (2004); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Schools and Libraries Second Report and Order''). 47 C.F.R. � 54.701(a); see Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25069-70, � 20 (1998) (``USAC Appointment Order''). See 47 C.F.R. �� 54.702(b)-(m), 54.711, 54.715. 47
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  • a specific investigation. See, e.g., PHE, Inc. v. Dep't of Justice, 983 F.2d 248, 250-51 (D.C. Cir. 1993) . . . .''). This formulation is consistent with John Doe Agency, 493 U.S. at 153, where the Court observed that ``[t]he objects sought merely must have been `compiled' when the Government invokes the Exemption.'' AFR at 1, 2. 47 C.F.R. � 54.701. See Fifth Report & Order, 19 FCC Rcd at 15810. See id., 19 FCC Rcd at 15808, 15809, 15811, 15817 & n.49, 15819, 15830 and 15835. 47 C.F.R. �� 54.722 and 54.723. See Fifth Report & Order, 19 FCC Rcd at 15809 and 15835. See, e.g., Burka v. Dep't of Health & Human Svcs, 87 F.3d 508, 515 (D.C. Cir.
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  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, � 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, � 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
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  • federal Universal Service Fund (USF) by the Commission. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, paras. 10-14 (1998); 47 C.F.R. � 54.701(a). See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rule Making, 18 FCC Rcd 9202, 9213, para. 31 (2003) (Schools and Libraries Second Report and Order); see also 47 U.S.C. � 254; Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (1996 Act). Schools and
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  • at http://www.fcc.gov/oig/oigreportsaudit.html. 47 U.S.C. � 254(b). See id. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21, and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, paras. 10-14 (1998); 47 C.F.R. � 54.701(a). The Commission also established the Rural Health Care Pilot Program in which 69 participants covering 42 states and three US territories are eligible to receive funding for up to 85 percent of the costs associated with: (1) the construction of a state or regional broadband network and the advanced telecommunications and information services provided over that network; (2) connecting to
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  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, � 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, � 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
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  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232, (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, � 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947,
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  • the federal universal service fund by the Commission. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, paras. 10-14 (1998); 47 C.F.R. � 54.701(a). See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9213, para. 31 (2003) (Schools and Libraries Second Report and Order); see also 47 U.S.C. � 254(c). (last visited Dec. 2, 2009); see also Schools and Libraries Third Report and Order, 18 FCC Rcd
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  • Universal Service Support Mechanisms, Report and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 �� 63-64. 47 C.F.R. � 54.701(a). Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.txt
  • Telecommunications Reporting Worksheet, Line 105, filed June 22, 2002 (``Omniat 2002 499-A''). See Omniat home page, http://www.omniat.com; Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). Omniat advertises interstate rates of ``4.5 cents anywhere in the US,'' and the ``lowest international rates in the US.'' Id. USAC is the administrator of the federal universal service fund. 47 C.F.R. � 54.701(a). Omniat's web site refers to the company interchangeably as ``OMNIAT,'' ``OMNIAT Telecom,'' and ``OMNIAT Telecom, LLC.'' See Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). The web site lists the address of the company as 127 W. Fairbanks Avenue, Suite 322, Winter Park, FL 32789. See About OMNIAT, http://www.omniat.com/About.asp (last visited Jan. 21, 2009). Omniat obtained an FCC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-83A1.txt
  • 552(b)(7). See Kay v. FCC, 976 F.Supp. 23, 37 (D.D.C. 1997), aff'd, 172 F.3d 919 (D.C. Cir. 1998). The exemption applies both to pending actual enforcement proceedings and reasonably foreseeable proceedings that are regarded as prospective. Id. at 38. See also Daniel E. Riordan, 22 FCC Rcd 4316, 4317-19 �� 6-9 (2007). See AFR at 13-14. See 47 C.F.R. � 54.701(a) (designating USAC as administrator of the universal service support mechanisms); 47 C.F.R.�� 54.702(a),(j) (USAC shall be responsible for administering programs and must provide Commission with full access to data collected pursuant to administration of universal service support programs); Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, 20 FCC Rcd 11308, 11310 � 4 (2005) (USAC administers the universal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-138A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-138A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-138A1.txt
  • Water Users Protective Ass'n, 532 U.S. 1,9 (2001) (noting that some courts of appeals have held that in some circumstances a document prepared outside the Government may nevertheless qualify as an intra-agency memorandum). See, e.g., 47 C.F.R. � 54.702(j) (USAC must provide Commission with full access to data collected pursuant to administration of universal service support programs); 47 C.F.R. � 54.701(a) (designating USAC as administrator of the universal service support mechanisms); 47 C.F.R.�� 54.702(a),(j) (USAC shall be responsible for administering programs and must provide Commission with full access to data collected pursuant to administration of universal service support programs); Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, 20 FCC Rcd 11308, 11310 � 4 (2005) (USAC administers the universal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.txt
  • [universal service fund] Administrator.'' 47 C.F.R. � 54.703(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25,058, 25,063-66 �� 10-14 (1998); 47 C.F.R. � 54.701(a). USAC is responsible for performing numerous functions including, but not limited to, billing USF contributors, collecting USF contributions, disbursing funds, recovering improperly disbursed funds, processing appeals of funding decisions, submitting periodic reports to the Commission, maintaining accounting records, conducting audits of contributors and beneficiaries, and providing outreach to interested parties. See 47 C.F.R. �� 54.702(b)-(m), 54.711, 54.715. . See generally
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.txt
  • 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.txt
  • 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-88A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-88A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-88A1.txt
  • obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Consumer & Governmental Affairs Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms (See 47 CFR 54.701 of this chapter), the North American Numbering Plan administration cost recovery (See 47 CFR 52.16 of this chapter), and the long-term local number portability cost recovery (See 47 CFR 52.32 of this chapter). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.txt
  • Administrator of the Fund under the Commission's direction. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25,058, 25,063-66, paras. 10-14 (1998); 47 C.F.R. � 54.701(a). The Commission appointed USAC the permanent Administrator of all of the federal universal service support mechanisms. See 47 C.F.R. �� 54.702(b)-(m), 54.711, 54.715. USAC administers the Fund in accordance with the Commission's rules and orders. The Commission provides USAC with oral and written guidance, as well as regulation through its rulemaking process. USAC plays a critical role as day-to-day Administrator
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-180A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-180A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-180A1.txt
  • � 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based on quarterly filings are subject to an annual true-up. 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.txt
  • percentage of the company's overall traffic.'' FLOI Response, Response to Inquiry 20(a). In 2004, the company received a certificate of public convenience and necessity in California to operate as a nondominant interexchange carrier providing inter- and intra-LATA services. LOI Response, Response to Inquiry 6. FLOI Response, Response to Inquiry 20(c). USAC administers the federal Universal Service Fund. 47 C.F.R. � 54.701(a). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, Starfone, dated Mar. 9, 2009 (LOI). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, RB Communications, Inc., dated Sept. 4, 2009 (FLOI). LOI Response, Response to Inquiry 18.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-46A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-46A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-46A1.txt
  • shall be based on contributors' projected collected end-user telecommunications revenues and on a contribution factor determined quarterly by the Commission based on information submitted by USAC. The quarterly contribution factor is based on the ratio of total projected quarterly expenses of the universal service support mechanisms to total projected collected end-user telecommunications revenues. 47 C.F.R. � 54.709(a). 47 C.F.R. � 54.701; Universal Service Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41. 47 C.F.R. � 54.711(a); 47 C.F.R. � 54.708 (``all interconnected VoIP providers, including those whose contributions would be de minimis, must file the Telecommunications Reporting Worksheet.''). In addition to de minimis interconnected VoIP service providers, certain other non-contributors are also required to file the Telecommunications Reporting Worksheets
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf
  • data in company-specific form unless authorized by the Commission. The B & C Agent shall use such data only for calculating, collecting and verifying payments, except as described below in this paragraph. The Chief of the Common Carrier Bureau may approve arrangements between the B & C Agent and administrators of the universal service support mechanism (See 47 C.F.R. Sec. 54.701), the TRS Fund (See 47 C.F.R. Sec. 64.604(c)(4)(iii)(H)), and the local number portability cost recovery (See 47 C.F.R. Sec. 52.32) to permit sharing of information on contributors in order to gain administrative efficiencies or validate contributor data; * * * 3. Section 52.17 of the Commission's rules is amended to read as follows: � 52.17 Costs of number administration. All
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.txt
  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • FEDERAL REGULATIONS 1. Part 54 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 54--UNIVERSAL SERVICE 2. Section 54.507(e) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 3. Section 54.509(a) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 4. Section 54.701 is amended by removing all references to "Temporary Administrator". 5. Section 54.5 is amended by revising the definition of "Administrator" and adding the following definitions: Administrator. The term "Administrator" shall refer to the National Exchange Carrier Association, Inc. until the date that an independent subsidiary of the National Exchange Carrier Association, Inc. is incorporated and has commenced the administration of
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • to reduce their lowest tariffed (or otherwise generally available) residential rate for the services enumerated in � 54.101(a)(1) through (a)(9), and charge Lifeline consumers the resulting amount. (c) Lifeline support for providing toll limitation shall equal the eligible telecommunications carrier's incremental cost of providing either toll blocking or toll control, whichever is selected by the particular consumer. Subpart H-Administration � 54.701 Administrator of universal service support mechanisms. (a) The Universal Service Administrative Company is appointed the permanent Administrator of the federal universal service support mechanisms, subject to a review after one year by the Federal Communications Commission to determine that the Administrator is administering the universal service support mechanisms in an efficient, effective, and competitively neutral manner. (b) The Schools and
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • para 52. See ITTA Comments at 8-9. Specifically, the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to
• http://transition.fcc.gov/Reports/biennial2000report.doc http://transition.fcc.gov/Reports/biennial2000report.pdf http://transition.fcc.gov/Reports/biennial2000report.txt
  • examples of rules that should be eliminated, in whole or in part, for this reason. 36.701 - Lifeline connection assistance expense allocation - general. 51.211 - Toll Dialing Parity Implementation. 51.515(b)-(c) - Application of access charges. 53.101 - Joint marketing of local and long distance services by interLATA carriers. 53.201(a)-(b) - Services for which a separate 272 affiliate is required. 54.701(b)-(e) - Administrator of universal service support mechanisms. 64.1320 - Payphone compensation verification and reports. 64.1903(c) - Obligations of all incumbent independent local exchange carriers. 69.116 - Universal service fund. 69.117 - Lifeline assistance. 69.126 - Nonrecurring charges. 69.127 - Transitional equal charge rule. 69.612 - Long term and transitional support. Other Issues The USTA Petition and Industry Comments In preparation
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3893A2.html
  • General Attorney, SBC Telecommunications, Inc., to David Janas, Special Counsel, Investigations & Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 6, 2004 and September 13, 2004. 4 See Part 54, Subpart F, of the Commission's rules, 47 C.F.R. 54.500 et seq. 5 The Commission has designated USAC to administer universal service support under Commission direction and oversight. 47 C.F.R. 54.701. 6 Under this provision, SBC will not be required to provide E-Rate compliance training to employees whose responsibilities do not include any decision making regarding E-Rate contracts and services, and whose involvement in E-Rate projects is limited to performing non-E-Rate specific job functions. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A2.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A2.doc
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • 110 Stat. 56 (1996). 1047 U.S.C. 254(d). 1147 C.F.R. 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. The Commission has appointed the Universal Service Administrative Company (``USAC'') as permanent administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 1247 U.S.C. 225(b)(1). 13See Telecommunications Relay Services and the Americans with Disabilities Act of 1990, Third Report and Order, 8 FCC Rcd 5300, 5301, 7 (1993). Telecommunications relay services enable persons with hearing and speech disabilities to communicate by telephone with persons who may or may not have such disabilities. Such services provide telephone access to a significant number
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195(a). 2 47 C.F.R. 54.711(a), 64.604(c)(5)(iii)(B), 52.17(b). 3 47 U.S.C. 254(d), 251(e)(2). 4 47 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A), 52.17(a). 5 47 C.F.R. 1.1154, 1.1157(b)(1). 6 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection. 47 C.F.R. 54.701(a), 54.702(b). 7 See www.teletronics-inc.com. 8 See Letter from David A. Ferris, Counsel for Teletronics, Inc., Ferris and Neuman, L.L.P, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, FCC, dated November 24, 2004. Because this letter did not specify the exact dates in 1999 that Teletronics began interstate and international services, the applicability of regulatory provisions that became
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • LP, P.O. Box 90417, San Antonio, TX , 78209. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 147 U.S.C. 254(d). 247 C.F.R. 54.711(a), 64.604. 347 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A). 447 C.F.R. 1.1154, 1.1157(b)(1). 5The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6See, e.g., 47 U.S.C. 151. 7See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Existing carriers such as Carrera were required to register on or before April 2, 2001. Id. at 15996, 16025 (requiring existing carriers
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • filer identification number is then to be included on all further filings by the company and is used by the Commission and its administrators to track the carrier's contributions and invoices. 11 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 12 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 13 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • 300, Beverly Hills, CA 90211. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195. 2 47 C.F.R. 54.711(a), 64.604(c)(5)(iii)(B). 3 47 U.S.C. 254(d). 4 47 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A). 5 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6 See, e.g., 47 U.S.C. 151. 7 See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 8 47 C.F.R. 64.1195. 9 Based on Telecom House's reported revenue for 2002, which it reported through its 2003 Form
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • 105 Park Place Way, Carrollton, GA 30117. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195. 2 47 C.F.R. 54.711(a). 3 47 U.S.C. 254(d). 4 47 C.F.R. 54.706(a). 5 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6 See, e.g., 47 U.S.C. 151. 7 See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 8 47 C.F.R. 64.1195. 9 Based on CSII's reported revenue for 2002, CSII was a de minimis carrier in 2002,
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • (February 2005), available at http://nces.ed.gov/pubs2005/2005015.pdf. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, PP 10-14 (1998) ("USAC Appointment Order"); 47 C.F.R. S 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. S 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. S 254. Under
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, P: 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, P: 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232, (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, P: 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947,
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
  • Universal Service Support Mechanisms, Report and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 P:P: 63-64. 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
  • Telecommunications Reporting Worksheet, Line 105, filed June 22, 2002 ("Omniat 2002 499-A"). See Omniat home page, http://www.omniat.com; Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). Omniat advertises interstate rates of "4.5 cents anywhere in the US," and the "lowest international rates in the US." Id. USAC is the administrator of the federal universal service fund. 47 C.F.R. S: 54.701(a). Omniat's web site refers to the company interchangeably as "OMNIAT," "OMNIAT Telecom," and "OMNIAT Telecom, LLC." See Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). The web site lists the address of the company as 127 W. Fairbanks Avenue, Suite 322, Winter Park, FL 32789. See About OMNIAT, http://www.omniat.com/About.asp (last visited Jan. 21, 2009). Omniat obtained an FCC
• http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • providing service until after the August 1, 2006 499-Qs were due. 47 C.F.R. S: 54.711. Carriers subject to the rule must file the Quarterly Worksheet to show projected revenues. See Quarterly Worksheet at 1. Carriers, including interconnected VoIP providers, must submit their annual Worksheets no later than April 1 of each year. See Annual Worksheet at 1. 47 C.F.R. S: 54.701(a). 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on
• http://transition.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • Quarterly Worksheet, the FCC Form 499-Q, to show projected revenues. Carriers must submit their Quarterly Worksheets no later than February 1, May 1, August 1, and November 1 of each year. See Quarterly Worksheet Form at 1. Carriers must submit their annual Worksheets no later than April 1 of each year. See Annual Worksheet Form at 1. 47 C.F.R. S: 54.701(a). 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910.
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910.
• http://transition.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
  • percentage of the company's overall traffic." FLOI Response, Response to Inquiry 20(a). In 2004, the company received a certificate of public convenience and necessity in California to operate as a nondominant interexchange carrier providing inter- and intra-LATA services. LOI Response, Response to Inquiry 6. FLOI Response, Response to Inquiry 20(c). USAC administers the federal Universal Service Fund. 47 C.F.R. S: 54.701(a). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, Starfone, dated Mar. 9, 2009 (LOI). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, RB Communications, Inc., dated Sept. 4, 2009 (FLOI). LOI Response, Response to Inquiry 18.
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.wp
  • data in company-specific form unless authorized by the Commission. The B & C Agent shall use such data only for calculating, collecting and verifying payments, except as described below in this paragraph. The Chief of the Common Carrier Bureau may approve arrangements between the B & C Agent and administrators of the universal service support mechanism (See 47 C.F.R. Sec. 54.701), the TRS Fund (See 47 C.F.R. Sec. 64.604(c)(4)(iii)(H)), and the local number portability cost recovery (See 47 C.F.R. Sec. 52.32) to permit sharing of information on contributors in order to gain administrative efficiencies or validate contributor data; * * * 3. Section 52.17 of the Commission's rules is amended to read as follows: � 52.17 Costs of number administration. All
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.txt
  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • FEDERAL REGULATIONS 1. Part 54 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 54--UNIVERSAL SERVICE 2. Section 54.507(e) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 3. Section 54.509(a) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 4. Section 54.701 is amended by removing all references to "Temporary Administrator". 5. Section 54.5 is amended by revising the definition of "Administrator" and adding the following definitions: Administrator. The term "Administrator" shall refer to the National Exchange Carrier Association, Inc. until the date that an independent subsidiary of the National Exchange Carrier Association, Inc. is incorporated and has commenced the administration of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99175.pdf
  • Section 52.17(b). (c) Keep confidential all data obtained from carriers and not disclose such data in company-specific form unless authorized by the Commission. Subject to any restrictions imposed by the Chief of the Common Carrier Bureau, the B & C Agent may share data obtained from carriers with the administrators of the universal service support mechanism (See 47 C.F.R. Sec. 54.701), the TRS Fund (See 47 C.F.R. Sec. 64.604(c)(4)(iii)(H)), and the local number portability cost recovery (See 47 C.F.R. Sec. 52.32). The B & C Agent shall keep confidential all data obtained from other administrators. The B & C Agent shall use such data, from carriers or administrators, only for calculating, collecting and verifying payments. The Commission shall have access to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001909.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001909.txt
  • in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau Letter from Dr. Jo Campbell, Council Bluffs Community Schools, to Federal Communications Commission, filed March 9, 2000 (Request for Waiver). 47 C.F.R. �� 54.502, 45.503. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. � 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. � 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002132.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002132.txt
  • Service Order at para. 209. See 47 C.F.R. � 54.802(a); see also Interstate Access Universal Service Order at para. 227. See 47 C.F.R. � 54.802(a) Id. Such lines include all business class lines assessed the end user common line charge pursuant to Section 69.152 of the Commission's rules. 47 C.F.R. � 69.152. See 47 C.F.R. � 54.802(d)(2). 47 C.F.R. �� 54.701, 54.702. See 47 C.F.R. � 54.802(d); see also Interstate Access Universal Service Order at para. 209. See id. See http://www.fcc.gov/ccb/universal_service. See 47 C.F.R. � 0.459; Response of Aliant Communications Co. to Data Request (filed Jun. 30, 2000) (Aliant Response); Letter from Joseph DiBella, Regulatory Counsel, Bell Atlantic Network Services, Inc., to Magalie Roman Salas, Secretary (filed Jun. 30, 2000) (Bell
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00056.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00056.txt
  • data obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Common Carrier Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms (See 47 C.F.R. � 54.701), the North American Numbering Plan administration cost recovery (See 47 C.F.R. � 52.16), and the long-term local number portability cost recovery (See 47 C.F.R. � 52.32). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS Fund, calculating the regulatory fees of interstate
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • to reduce their lowest tariffed (or otherwise generally available) residential rate for the services enumerated in � 54.101(a)(1) through (a)(9), and charge Lifeline consumers the resulting amount. (c) Lifeline support for providing toll limitation shall equal the eligible telecommunications carrier's incremental cost of providing either toll blocking or toll control, whichever is selected by the particular consumer. Subpart H-Administration � 54.701 Administrator of universal service support mechanisms. (a) The Universal Service Administrative Company is appointed the permanent Administrator of the federal universal service support mechanisms, subject to a review after one year by the Federal Communications Commission to determine that the Administrator is administering the universal service support mechanisms in an efficient, effective, and competitively neutral manner. (b) The Schools and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00200.doc
  • data obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Common Carrier Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms (See 47 C.F.R. � 54.701), the North American Numbering Plan administration cost recovery (See 47 C.F.R. � 52.16), and the long-term local number portability cost recovery (See 47 C.F.R. � 52.32). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS Fund, calculating the regulatory fees of interstate
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • para 52. See ITTA Comments at 8-9. Specifically, the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010852.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010852.txt
  • Christian School, Duquesne, Pennsylvania, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Benjamin J. Aron, Schwaninger & Associates, to Federal Communications Commission, filed December 8, 1999 (Request for Review). 47 C.F.R. �� 54.502, 54.503. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions); see also Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011620.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011620.txt
  • (SLD Appeal). SLD Appeal at 1. SLD Appeal at 1-2. Letter from Schools and Libraries Division, Universal Service Administrative Co., to William R. Leto, Project Interconnect, dated September 15, 2000 (Administrator's Decision on Appeal). Request for Review at 2. Id. Id. Id. 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). 47 C.F.R. � 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012037.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012037.txt
  • Hysham Public Schools, Hysham, Montana, dated August 5, 1999 (Receipt Acknowledgement Letter). Receipt Acknowledgement Letter at 3. . Administration of the schools and libraries support mechanism is the responsibility of SLD under the oversight of the Schools and Libraries Committee of USAC. 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include their authority to make decisions in how to administrate the schools and libraries program and ensure compliance with our rules. See Changes to the Board of Directors of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012230.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012230.txt
  • 471). Id. SLD Letter. SLD Appeal. Id. Id. Administrator's Decision on Appeal. Id. Id. Request for Review. Administration of the schools and libraries support mechanism is the responsibility of SLD, under the oversight of the Schools and Libraries Committee of USAC. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include "development of applications and associated instructions," "review of bills for services that are submitted by schools and libraries," and "administration of the application process, including activities to ensure
• http://www.fcc.gov/eb/Orders/2004/DA-04-3893A2.html
  • General Attorney, SBC Telecommunications, Inc., to David Janas, Special Counsel, Investigations & Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 6, 2004 and September 13, 2004. 4 See Part 54, Subpart F, of the Commission's rules, 47 C.F.R. 54.500 et seq. 5 The Commission has designated USAC to administer universal service support under Commission direction and oversight. 47 C.F.R. 54.701. 6 Under this provision, SBC will not be required to provide E-Rate compliance training to employees whose responsibilities do not include any decision making regarding E-Rate contracts and services, and whose involvement in E-Rate projects is limited to performing non-E-Rate specific job functions. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A2.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A2.doc
• http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • 110 Stat. 56 (1996). 1047 U.S.C. 254(d). 1147 C.F.R. 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. The Commission has appointed the Universal Service Administrative Company (``USAC'') as permanent administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 1247 U.S.C. 225(b)(1). 13See Telecommunications Relay Services and the Americans with Disabilities Act of 1990, Third Report and Order, 8 FCC Rcd 5300, 5301, 7 (1993). Telecommunications relay services enable persons with hearing and speech disabilities to communicate by telephone with persons who may or may not have such disabilities. Such services provide telephone access to a significant number
• http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195(a). 2 47 C.F.R. 54.711(a), 64.604(c)(5)(iii)(B), 52.17(b). 3 47 U.S.C. 254(d), 251(e)(2). 4 47 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A), 52.17(a). 5 47 C.F.R. 1.1154, 1.1157(b)(1). 6 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection. 47 C.F.R. 54.701(a), 54.702(b). 7 See www.teletronics-inc.com. 8 See Letter from David A. Ferris, Counsel for Teletronics, Inc., Ferris and Neuman, L.L.P, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, FCC, dated November 24, 2004. Because this letter did not specify the exact dates in 1999 that Teletronics began interstate and international services, the applicability of regulatory provisions that became
• http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • LP, P.O. Box 90417, San Antonio, TX , 78209. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 147 U.S.C. 254(d). 247 C.F.R. 54.711(a), 64.604. 347 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A). 447 C.F.R. 1.1154, 1.1157(b)(1). 5The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6See, e.g., 47 U.S.C. 151. 7See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Existing carriers such as Carrera were required to register on or before April 2, 2001. Id. at 15996, 16025 (requiring existing carriers
• http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • filer identification number is then to be included on all further filings by the company and is used by the Commission and its administrators to track the carrier's contributions and invoices. 11 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 12 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 13 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18
• http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • 300, Beverly Hills, CA 90211. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195. 2 47 C.F.R. 54.711(a), 64.604(c)(5)(iii)(B). 3 47 U.S.C. 254(d). 4 47 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A). 5 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6 See, e.g., 47 U.S.C. 151. 7 See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 8 47 C.F.R. 64.1195. 9 Based on Telecom House's reported revenue for 2002, which it reported through its 2003 Form
• http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • 105 Park Place Way, Carrollton, GA 30117. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195. 2 47 C.F.R. 54.711(a). 3 47 U.S.C. 254(d). 4 47 C.F.R. 54.706(a). 5 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6 See, e.g., 47 U.S.C. 151. 7 See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 8 47 C.F.R. 64.1195. 9 Based on CSII's reported revenue for 2002, CSII was a de minimis carrier in 2002,
• http://www.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • (February 2005), available at http://nces.ed.gov/pubs2005/2005015.pdf. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, PP 10-14 (1998) ("USAC Appointment Order"); 47 C.F.R. S 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. S 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. S 254. Under
• http://www.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, P: 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://www.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, P: 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://www.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232, (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, P: 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947,
• http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
  • Universal Service Support Mechanisms, Report and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 P:P: 63-64. 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local
• http://www.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
  • Telecommunications Reporting Worksheet, Line 105, filed June 22, 2002 ("Omniat 2002 499-A"). See Omniat home page, http://www.omniat.com; Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). Omniat advertises interstate rates of "4.5 cents anywhere in the US," and the "lowest international rates in the US." Id. USAC is the administrator of the federal universal service fund. 47 C.F.R. S: 54.701(a). Omniat's web site refers to the company interchangeably as "OMNIAT," "OMNIAT Telecom," and "OMNIAT Telecom, LLC." See Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). The web site lists the address of the company as 127 W. Fairbanks Avenue, Suite 322, Winter Park, FL 32789. See About OMNIAT, http://www.omniat.com/About.asp (last visited Jan. 21, 2009). Omniat obtained an FCC
• http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • providing service until after the August 1, 2006 499-Qs were due. 47 C.F.R. S: 54.711. Carriers subject to the rule must file the Quarterly Worksheet to show projected revenues. See Quarterly Worksheet at 1. Carriers, including interconnected VoIP providers, must submit their annual Worksheets no later than April 1 of each year. See Annual Worksheet at 1. 47 C.F.R. S: 54.701(a). 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on
• http://www.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • Quarterly Worksheet, the FCC Form 499-Q, to show projected revenues. Carriers must submit their Quarterly Worksheets no later than February 1, May 1, August 1, and November 1 of each year. See Quarterly Worksheet Form at 1. Carriers must submit their annual Worksheets no later than April 1 of each year. See Annual Worksheet Form at 1. 47 C.F.R. S: 54.701(a). 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on
• http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910.
• http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910.
• http://www.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
  • percentage of the company's overall traffic." FLOI Response, Response to Inquiry 20(a). In 2004, the company received a certificate of public convenience and necessity in California to operate as a nondominant interexchange carrier providing inter- and intra-LATA services. LOI Response, Response to Inquiry 6. FLOI Response, Response to Inquiry 20(c). USAC administers the federal Universal Service Fund. 47 C.F.R. S: 54.701(a). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, Starfone, dated Mar. 9, 2009 (LOI). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, RB Communications, Inc., dated Sept. 4, 2009 (FLOI). LOI Response, Response to Inquiry 18.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.pdf
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, � 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, � 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.pdf
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, � 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, � 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.pdf
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232, (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, � 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.pdf
  • Universal Service Support Mechanisms, Report and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 �� 63-64. 47 C.F.R. � 54.701(a). Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.pdf
  • Telecommunications Reporting Worksheet, Line 105, filed June 22, 2002 (``Omniat 2002 499-A''). See Omniat home page, http://www.omniat.com; Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). Omniat advertises interstate rates of ``4.5 cents anywhere in the US,'' and the ``lowest international rates in the US.'' Id. USAC is the administrator of the federal universal service fund. 47 C.F.R. � 54.701(a). Omniat's web site refers to the company interchangeably as ``OMNIAT,'' ``OMNIAT Telecom,'' and ``OMNIAT Telecom, LLC.'' See Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). The web site lists the address of the company as 127 W. Fairbanks Avenue, Suite 322, Winter Park, FL 32789. See About OMNIAT, http://www.omniat.com/About.asp (last visited Jan. 21, 2009). Omniat obtained an FCC
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.pdf
  • 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.pdf
  • 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-38A1.pdf
  • percentage of the company's overall traffic.'' FLOI Response, Response to Inquiry 20(a). In 2004, the company received a certificate of public convenience and necessity in California to operate as a nondominant interexchange carrier providing inter- and intra-LATA services. LOI Response, Response to Inquiry 6. FLOI Response, Response to Inquiry 20(c). USAC administers the federal Universal Service Fund. 47 C.F.R. � 54.701(a). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, Starfone, dated Mar. 9, 2009 (LOI). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, RB Communications, Inc., dated Sept. 4, 2009 (FLOI). LOI Response, Response to Inquiry 18.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.pdf
  • C.F.R. � 52.17. 47 U.S.C. � 251(e)(2); 47 C.F.R. � 52.32(a). 47 C.F.R. �� 1.1154, 1.1157(b)(1). 47 U.S.C. � 254(d). 47 C.F.R. �� 54.706(b), 54.711, 64.1195; see also 47 U.S.C. � 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). 47 C.F.R. � 54.701(a). See id. �� 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form 499-A. See Federal-State Joint Board on Universal Service, Petition for Reconsideration Filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748, 5755, para. 19 & n.32 (2001) (Quarterly Reporting Order); 47
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1620A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1620A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1620A1.txt
  • (SLD Appeal). SLD Appeal at 1. SLD Appeal at 1-2. Letter from Schools and Libraries Division, Universal Service Administrative Co., to William R. Leto, Project Interconnect, dated September 15, 2000 (Administrator's Decision on Appeal). Request for Review at 2. Id. Id. Id. 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). 47 C.F.R. � 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2037A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2037A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2037A1.txt
  • Hysham Public Schools, Hysham, Montana, dated August 5, 1999 (Receipt Acknowledgement Letter). Receipt Acknowledgement Letter at 3. . Administration of the schools and libraries support mechanism is the responsibility of SLD under the oversight of the Schools and Libraries Committee of USAC. 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include their authority to make decisions in how to administrate the schools and libraries program and ensure compliance with our rules. See Changes to the Board of Directors of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2230A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2230A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2230A1.txt
  • 471). Id. SLD Letter. SLD Appeal. Id. Id. Administrator's Decision on Appeal. Id. Id. Request for Review. Administration of the schools and libraries support mechanism is the responsibility of SLD, under the oversight of the Schools and Libraries Committee of USAC. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include "development of applications and associated instructions," "review of bills for services that are submitted by schools and libraries," and "administration of the application process, including activities to ensure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2456A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2456A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2456A1.txt
  • School, to Schools and Libraries Division, Universal Service Administrative Company, filed June 19, 2000 (Appeal to SLD), at 1. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Phil McHugh, Most Holy Trinity School, dated March 8, 2001 (Administrator's Decision on Appeal). Id. at 1-2. Id. at 2. Id. Request for Review at 1-2. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). While the application of this procedure leads to a denial of funding in this instance, that result could have been avoided by submitting two separate funding requests, one for the Priority One services, and the second for the Priority Two services. In Request for Review by Williamsburg-James City County Public Schools, Federal-State Joint Board on Universal Service,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2575A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2575A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2575A1.txt
  • Service Category used for labor should reflect the same service category of the product, or service being installed or maintained''). Request for Review, at 2. East Grand Form 471, Attachment A; see also 47 C.F.R. � 54.506 (defining internal connections) Request for Review, at 2. East Grand Form 471, Attachment A. Request for Review, at 2. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See supra, para. 4. While the application of this procedure leads to a denial of funding in this instance, that result could have been avoided by submitting two separate funding requests, one for the Priority One services, and the second for the Priority Two services. We also note that in Request for Review by Williamsburg-James City County
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2578A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2578A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2578A1.txt
  • Request for Review, at 1. Request for Review by Most Holy Trinity, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-161422, CC Dockets No. 96-45 and 97-21, Order, DA 01-2456 (Com. Car. Bur. rel. October 23, 2001) (Most Holy Trinity Order) (affirming procedure). See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). Further Notice of Proposed Rulemaking, FCC 01-143, n.13. See Merrimack Form 471. 01-2578 01-2578 � � � L 4 � N N
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2770A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2770A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2770A1.txt
  • or more of the request is for funding of ineligible services, SLD will deny the funding request in its entirety. The 30 percent policy allows SLD to efficiently process requests for funding that contain only a small amount of ineligible services without expending significant fund resources working with applicants that are requesting funding of ineligible services. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2958A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2958A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-2958A1.txt
  • is for funding of ineligible services, SLD will deny the funding request in its entirety. The 30 percent policy allows SLD to efficiently process requests for funding that contain only a small amount of ineligible services without expending significant fund resources working with applicants that are requesting funding of ineligible services. Request for Review, at 1. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-852A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-852A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-852A1.txt
  • Christian School, Duquesne, Pennsylvania, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Benjamin J. Aron, Schwaninger & Associates, to Federal Communications Commission, filed December 8, 1999 (Request for Review). 47 C.F.R. �� 54.502, 54.503. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions); see also Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1122A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1122A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1122A1.txt
  • Corporation, to Schools and Libraries Division, Universal Service Administrative Company, filed August 6, 2001, at 1. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Roger Whaley, New Albany Floyd County Schools Corporation, dated October 1, 2001 (Administrator's Decision on Appeal). Id. at 1-2. See supra, para. 2. See New Albany Form 471. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii). 47 C.F.R. � 54.511(a); Administrator's Decision on Appeal, at 2. FCC Form 471, Block 6, Item 33. FCC Form 471, Block 6, Item 25; see also FCC Form 471 Instructions, at 24 (instructing applicants to check Item 25 to indicate that entities have the necessary resources for the ``eligible services you have requested in Block 5''). FCC Form
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1233A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1233A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1233A1.txt
  • Carolina Office of Information Technology Services, dated May 1, 2001 (Administrator's Decision on Appeal). Request for Review. Administration of the schools and libraries support mechanism is the responsibility of SLD, under the oversight of the Schools and Libraries Committee of USAC. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include "development of applications and associated instructions," "review of bills for services that are submitted by schools and libraries," and "administration of the application process, including activities to ensure
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1408A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1408A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-1408A1.txt
  • FCC Rcd at 13754, para. 38. Id. 47 C.F.R. � 54.504 et seq.; See Request for Review by Free Library of Philadelphia, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-112605, CC Dockets No. 96-45 and 97-21, Order, 15 FCC Rcd 23820 (2000). See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
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  • Letter from Schools and Libraries Division, Universal Service Administrative Company to Daryl Ann Borel, Houston Independent School District, dated December 22, 2000 (December Funding Commitment Decision Letter). Request for Review. Id. at 10. Id. SLD Website, Service Categories: SLD Adjustment Process . 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). 47 C.F.R. � 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
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  • Sue Burch, School District of Grand Island, to Schools and Libraries Division, Universal Service Administrative Company, filed May 11, 2000. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Sue Burch, School District of Grand Island, dated February 14, 2001 (Administrator's Decision on Appeal). Id. at 2. Id. at 1. Request for Review. Id. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
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  • is for funding of ineligible services, SLD will deny the funding request in its entirety. The 30 percent policy allows SLD to efficiently process requests for funding that contain only a small amount of ineligible services without expending significant fund resources working with applicants that are requesting funding of ineligible services. Petition for Reconsideration, at 3. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). Request for Review by Most Holy Trinity, at para. 4; see also SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A
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  • Ward, School District of La Crosse, to Schools and Libraries Division, Universal Service Administrative Company, filed May 4, 2000 (SLD Appeal). Id. Id. Letter from Schools and Libraries Division, Universal Service Administrative Company, to Tom Ward, School District of La Crosse, dated January 23, 2001 (Administrator's Decision on Appeal). Id. Id. Id. Request for Review. Id. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
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  • or more of the request is for funding of ineligible services, SLD will deny the funding request in its entirety. The 30 percent policy allows SLD to efficiently process requests for funding that contain only a small amount of ineligible services without expending significant fund resources working with applicants that are requesting funding of ineligible services. See 47 C.F.R. �� 54.701(a), 54.702, 54.705(a)(iii), 54.705(a)(vii). See SLD Web Site, (last updated April 15, 1999) (``To correctly apply the Rules of Priority (fund Telecommunications and Internet Access first, then Internal Connections beginning with neediest), SLD must `scrub' telecommunications and Internet Access requests to assure no Internal Connections are included. A piece of equipment at the user's location listed in one of
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  • the universal service fund that would trigger increased funding requirements at a time when there is tremendous instability of the fund. SBC proposes that the Commission reform the high-cost support mechanism by establishing an affordability benchmark and funding all areas where forward-looking costs exceed the affordability benchmark. Recommendation In the 2000 Biennial Regulatory Review, the staff recommended deletion of sections 54.701(b)-(e), which address the now-completed merger of the Schools & Libraries Corporation and the Rural Health Care Corporation into USAC. WCB staff again finds that these rules are not necessary in the public interest for the reasons set forth in the Commission's previous review, and thus recommends that the Commission eliminate these sections in the context of ongoing rulemaking proceedings. The
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  • also 47 C.F.R. � 54.706(b). See 47 C.F.R. � 54.709(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Docket Nos. 96-45, 97-21, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Second Order on Reconsideration). See also 47 C.F.R. � 54.701. 47 C.F.R. � 54.711(a). See Form 499-A Instructions at 9; Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms at 8 (Form 499-Q Instructions). Unless otherwise indicated, all references are to the 2003 version of the Form 499-Q Instructions. The requirement in the Contribution Methodology Order and NPRM for contributors to report projected revenues in
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  • General Attorney, SBC Telecommunications, Inc., to David Janas, Special Counsel, Investigations & Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 6, 2004 and September 13, 2004. See Part 54, Subpart F, of the Commission's rules, 47 C.F.R. � 54.500 et seq. The Commission has designated USAC to administer universal service support under Commission direction and oversight. 47 C.F.R. � 54.701. Under this provision, SBC will not be required to provide E-Rate compliance training to employees whose responsibilities do not include any decision making regarding E-Rate contracts and services, and whose involvement in E-Rate projects is limited to performing non-E-Rate specific job functions. (continued....) Federal Communications Commission DA 04-3893 Federal Communications Commission DA 04-3893 - - O P Q T U
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  • No. 96-45, Order, 19 FCC Rcd 13580 (2004) (True-Up Order). See ALLTEL Petition at 1; Cincinnati Bell Wireless Supplemented Petition at 1; Cingular Petition at 1; Dobson Petition at 2; Met-Tel Petition at 1; Nex-Tech Petition at 1; Nextel Petition at 6; T-Mobile Petition at 1. See True-Up Order, 19 FCC Rcd at 13580-81, para. 2. See 47 C.F.R. � 54.701 (stating that the Universal Service Administrative Company is the Administrator of the universal service support mechanisms). True-Up Order, 19 FCC Rcd at 13581, para. 3 (citing Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms,
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  • (WCB 2005). See BellSouth LD Petition at 2, 6; SouthernLINC Petition at 8. SouthernLINC Petition at 8-10. Alternatively, SouthernLINC requests that the Commission permit it to revise its historical gross-billed revenues for the first quarter 2003 as reported in its May 1, 2003 Form 499-Q. Id. See True-Up Order, 19 FCC Rcd at 13580-81, para. 2. See 47 C.F.R. � 54.701 (stating that the Universal Service Administrative Company is the Administrator of the universal service support mechanisms). True-Up Order, 19 FCC Rcd at 13581, para. 3 (citing Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms,
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  • August 23, 2004 (Petition). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, 19 FCC Rcd 13580 (2004) (True-Up Order). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Order, DA 04-3903 (Wireline Comp. Bur. rel. December 17, 2004). See Petition at 1-2. See True-Up Order, 19 FCC Rcd at 13580-81, para. 2. See 47 C.F.R. � 54.701 (stating that the Universal Service Administrative Company is the Administrator of the universal service support mechanisms). True-Up Order, 19 FCC Rcd at 13581, para. 3 (citing Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms,
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  • Form 471, Item 33, Block 6. 47 C.F.R. � 54.504(c)(1). (retrieved April 19, 2006). In certain situations, other documentation, such as evidence that each consortium member knew it was represented on the application, may be accepted as proof of authorization. Id. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions); Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC
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  • the application; and the type of services covered by the LOA. See LOA Guidance. In certain situations, other documentation, such as evidence that each consortium member knew it was represented on the application, may be accepted as proof of authorization. Id. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45,
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  • the application; and the type of services covered by the LOA. See LOA Guidance. In certain situations, other documentation, such as evidence that each consortium member knew it was represented on the application, may be accepted as proof of authorization. Id. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45,
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  • and Link-Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 8302 (2004) (Lifeline/Link-Up Report and Order). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8952-52, para. 329 (1997) (1997 Universal Service Order); 47 U.S.C. ��151, 154(i), 201, 205; 47 C.F.R. �� 54.701 and 54.702. 47 C.F.R. �� 1.1200 et seq. See 47 C.F.R. � 1.1206(b)(2). 47 C.F.R. � 1.1206(b). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov T ... � � � � P�3w(m�H(R)�nd�� 䡬�q�[�K��8⋵��`�"o3�zl[Siw�C� ��V����4���>j��q�M��]�nM # TX�G��ڟ�(R)�}� ��"�tma: �TU"�[��[(c)�} �va�
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  • obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Consumer & Governmental Affairs Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms (See 47 CFR 54.701 of this chapter), the North American Numbering Plan administration cost recovery (See 47 CFR 52.16 of this chapter), and the long-term local number portability cost recovery (See 47 CFR 52.32 of this chapter). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS
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  • functions and responsibilities, as well as, the composition of the Administrator's Board of Directors and Committees. These rules also establish requirements regarding contributions and contributor reporting requirements. Need: In implementing statutory requirements for the Universal Service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Numbers and Titles: 54.701 Administrator of universal service support mechanisms. 54.703 The Administrator's Board of Directors. 54.705 Committees of the Administrator's Board of Directors. 54.707 Audit controls. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. Contributor's failure to report or to contribute. PART 59-INFRASTRUCTURE SHARING Brief Description: These rules specify the general duty of incumbent LECs to provide
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  • IS GRANTED. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. �1.102(b)(1), this order SHALL BE effective upon release. FEDERAL COMMUNICATIONS COMMISSION Julie A. Veach Acting Chief Wireline Competition Bureau USAC Petition for Waiver of 47 C.F.R. 54.717(f), CC Docket No. 96-45 (filed Mar. 31, 2009) (Petition); 47 C.F.R. � 54.717(f). 47 C.F.R. � 54.701(a); see Changes to the Board of Directors of the National Exchange Carrier Association and Federal-State Joint Board on Universal Service, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25069-70, para. 20 (1998) (USAC Order). USAC Order,
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  • U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000). Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd at 18475, Appendix C. In 1999 the Commission combined the universal service reporting requirements of the FCC Form 457 with the reporting requirements of several other regulatory programs into a consolidated Telecommunications Reporting Worksheet, FCC Form 499. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services,
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  • functions and responsibilities, as well as the composition of the Administrator's Board of Directors and Committees. These rules also establish requirements regarding contributions and contributor reporting requirements. Need: In implementing statutory requirements for the universal service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Number and Title: 54.701 Administrator of universal service support mechanisms. 54.702 Administrator's functions and responsibilities. 54.703 The Administrator's Board of Directors. 54.704 The Administrator's Chief Executive Officer. 54.705 Committees of the Administrator's Board of Directors. 54.706 Contributions. 54.708 De minimis exemption. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. 54.715 Administrative expenses of the Administrator. SUBPART I-REVIEW OF
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  • at 2. Although USAC acted properly in adjusting TMI's contribution assessments to reflect accurately TMI's reported revenue, USAC should have explained the reason for the adjustment to TMI prior to or at the time it issued TMI's July 2007 invoice, consistent with its obligation to administer universal service support in ``an efficient, effective, and competitively neutral manner.'' 47 C.F.R. � 54.701(a). Federal Communications Commission DA 10-1122 Federal Communications Commission DA 10-1122 � � 4 = b r � '' � � � � � � �� �� `�_
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  • Universal Service First Report and Order, 12 FCC Rcd at 9171, para. 772; 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd at18400, 18423--24, para. 41; see 47 C.F.R. � 54.701. (1997) (Universal Service Second Order on Reconsideration). 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Apr.
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  • service fund. Universal Service First Report and Order, 12 FCC Rcd at 9207, para. 846. Id. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997); see 47 C.F.R. � 54.701. (last visited Apr. 30, 2010) (USAC Form 499 Filing Schedule). Contributors project future quarters' revenue on the quarterly Telecommunications Reporting Worksheets (FCC Form 499-Q), which are generally filed on February 1, May 1, August 1, and November 1. USAC Form 499 Filing Schedule. 47 C.F.R. � 54.711(a). 47 C.F.R. � 54.702(b). An entity that provides telecommunications services on a common
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  • FCC Rcd at 9171, para. 772; 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Universal Service Second Order on Reconsideration); see 47 C.F.R. � 54.701. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 18, 2011) (USAC Form 499 Filing Schedule). Contributors
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  • para. 15 (1999) (Universal Service Eighth Report and Order). Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd at 18400, 18423-24, para. 41 (1997) (Universal Service Second Order on Reconsideration); see 47 C.F.R. � 54.701. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue on the annual Telecommunications Reporting Worksheet (FCC Form 499-A), which is generally filed on April 1 each year. See USAC, Schedule of Filings, http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 17, 2011) (USAC Form 499 Filing Schedule). Contributors project future quarters'
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  • C.F.R. �1.102(b)(1), this order SHALL BE effective upon release. FEDERAL COMMUNICATIONS COMMISSION Trent B. Harkrader Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from David Case, Universal Service Administrative Company, to Mark Stephens, Chief Financial Officer, Office of Managing Director, Federal Communications Commission, CC Docket No. 96-45 (dated Mar. 27, 2012) (Petition); 47 C.F.R. � 54.717(f). 47 C.F.R. � 54.701(a); see Changes to the Board of Directors of the National Exchange Carrier Association and Federal-State Joint Board on Universal Service, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25069-70, para. 20 (1998) (USAC Order). USAC Order,
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  • or � 69.152(d) and (q)'' with ``� 69.104 or �� 69.152(d)(1) and 69.152(q) of this chapter'' Amend Appendix B, � 54.403(b) by replacing ``� 69.104 or � 69.152(d) and (q)'' with ``� 69.104 or �� 69.152(d)(1) and 69.152(q) of this chapter'' and by replacing each time it appears ``End-User Common Line'' with ``End User Common Line'' Amend Appendix B, � 54.701(g); � 54.702(a); � 54.705(c)(1); Subpart I - Interstate Access Universal Service Support Mechanism; � 61.46(d); and � 61.48(l)(1)(i)(B), by replacing ``Subpart I'' with ``subpart J'' Amend Appendix B, � 54.701(g) and � 54.702(a) by replacing ``Part'' with ``part'' Amend Appendix B, � 54.705(a)(1) by redesignating subsections (A) through (K) as (i) through (xi) Amend Appendix B, � 54.705(a)(2) by redesignating
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  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
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  • compliance (as captured within the processes associated with the Form 499-A), a compliance attestation audit of contributors corresponding to a unique Filer_ ID was undertaken. With the IG's use of compliance attestation audits, the auditee (management of the contributor) is required to sign an assertion letter acknowledging its responsibility for compliance with applicable requirements Commission rules (e.g. 47 C.F.R. �� 54.701-717), as well as orders governing contribution requirements to the Federal Universal Service Fund and to make specific assertions relative to the auditee's compliance with those rules. Auditors validate or invalidate the assertions, and provide the cause(s) for the failure of an assertion. That is, auditors determine whether a contributor is in compliance with FCC rules and, if the contributor is
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  • analysis of the 89 observation which includes non-random substitutes is set out in Appendix 1. Memorandum For Heads of Executive Departments and Agencies - Issuance of Appendix C to OMB Circular A-123. Executive Office of the President, Office of Managemant and Budget (August 10 2006), Appendix C at 2. See 47 U.S.C. � 254(h)(1) and (2). See 47 C.F.R. �� 54.701-705. See generally USAC Website: www.usac.org/rhc. 54 C.F.R. � 54.603(b). 54 C.F.R. � 54.603(a). 54 C.F.R. � 54.603(b)(4). The issuance of a check for the discount means that the health care provider paid full price for the telecommunications or internet access and receives the discount in the form of a check. USAC Website: www.usac.org. See FCC Report to Congress on Improper
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  • rules are particularly relevant to this case. First, SLD has detailed rules governing what equipment and services may be purchased with E-Rate funds. In general 1 USAC is a nonprofit corporation designated by the FCC as the admin- istrator of the Universal Service Fund, the source of funding for E-Rate and other Universal Service programs. See 47 C.F.R. �� 54.5, 54.701-717. 1316 UNITED STATES v. GREEN Case: 08-10149 01/22/2010 Page: 3 of 24 DktEntry: 7204178 terms, SLD will subsidize the purchase and installation of equipment needed to establish a school's connectivity. End- user devices that are needed to actually make use of that con- nectivity, such as computers, telephones, or fax machines, are not eligible for a subsidy by SLD. In
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  • para 52. See ITTA Comments at 8-9. Specifically, the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to
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  • examples of rules that should be eliminated, in whole or in part, for this reason. 36.701 - Lifeline connection assistance expense allocation - general. 51.211 - Toll Dialing Parity Implementation. 51.515(b)-(c) - Application of access charges. 53.101 - Joint marketing of local and long distance services by interLATA carriers. 53.201(a)-(b) - Services for which a separate 272 affiliate is required. 54.701(b)-(e) - Administrator of universal service support mechanisms. 64.1320 - Payphone compensation verification and reports. 64.1903(c) - Obligations of all incumbent independent local exchange carriers. 69.116 - Universal service fund. 69.117 - Lifeline assistance. 69.126 - Nonrecurring charges. 69.127 - Transitional equal charge rule. 69.612 - Long term and transitional support. Other Issues Comments The Commission sought public comment on the
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  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
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  • state commission pursuant to subsections (d)(2)(i) and (d)(2)(iv) of this section or the Federal Communications Commission. A carrier electing to disaggregate and target support under subsection (c) or (d) of this section must submit to the Administrator maps which precisely identify the boundaries of the designated disaggregation zones of support within the carrier's study area. Subpart H -- Administration Section 54.701 is revised by amending paragraph (g)(1)(iii) as follows: � 54.701 Administrator of universal service support mechanisms. * * * (g)(1) * * * (iii) The High Cost and Low Income Division, which shall perform duties and functions in connection with the high cost and low income support mechanism, the interstate access universal service support mechanism for price cap carriers described
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  • * * * (c) Keep confidential all data obtained from carriers and not disclose such data in company-specific form unless authorized by the Commission. Subject to any restrictions imposed by the Chief of the Wireline Competition Bureau, the B & C Agent may share data obtained from carriers with the administrators of the universal service support mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter, and the local number portability cost recovery (See 47 CFR 52.32). The B & C Agent shall keep confidential all data obtained from other administrators. The B & C Agent shall use such data, from carriers or administrators, only for calculating, collecting and verifying payments. The Commission
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  • on interexchange carriers. See 47 C.F.R. � 69.4(d). Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). See id. at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. � 54.711(a) (providing that ``[c]ontributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet . . . .''); Second Order on Reconsideration, 12 FCC Rcd at 18424, para. 43, 18442, para. 80, 18501-02, Appendix C. The Commission adopted the Worksheet and attached it
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  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24 para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
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  • 47 C.F.R. � 54.722(a). >. Eighth Order on Reconsideration, 13 FCC Rcd 25058, 25091-25094, paras. 66-71. USAC's operations include three divisions created pursuant to the Commission's regulations: the High Cost and Low Income Division, the Schools and Libraries Division, and the Rural Health Care Division, each of which is responsible for its respective universal service support mechanism. 47 C.F.R. � 54.701(g)(1). For each of these three divisions, there is a committee of the USAC Board of Directors (the Board) that directs and oversees its actions. 47 C.F.R. � 54.701(f). Any action taken by a committee with regard to its respective support mechanism is binding on the Board, unless the USAC Board disapproves of such action by a two-thirds vote of a
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  • the new provisions are substantively the same as the original definitions, we conclude that all of these rule changes are minor and technical, and we therefore find good cause to conclude that notice and comment procedures of the Administrative Procedure Act (APA) are unnecessary. Deletion of Obsolete Rules The Biennial Regulatory Review 2000 Staff Report (Staff Report) recommended that sections 54.701(b) through (e) of our rules, which mandate the merger of the Schools and Libraries Corporation and the Rural Health Care Corporation into the Universal Service Administrative Company, be deleted. Given that the merger has been completed, the Staff Report concluded that these transitional provisions were no longer applicable. We now adopt the recommendations of the Staff Report and delete section
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  • Inc., and Verizon telephone companies ARE GRANTED, IN PART, as set forth herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary AT&T Petition for Waiver, CC Docket No. 96-45, (filed Jan. 27, 2004); SBC Petition for Waiver, CC Docket No. 96-45, (filed Feb. 27, 2004); Verizon Petition for Waiver, CC Docket No. 96-45, (filed Feb. 27, 2004). See 47 C.F.R. � 54.701 (stating that the Universal Service Administrative Company is the Administrator of the universal service support mechanisms). See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities,
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  • Administrator.'' 47 C.F.R. � 54.703(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, �� 10-14 (1998) (``USAC Appointment Order''); 47 C.F.R. � 54.701(a). This amount was disbursed as of April 30, 2005. See, e.g., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Third Report and Order and Second Further Notice of Proposed Rulemaking, 18 FCC Rcd 26912 (2003) (``Third Report and Order''); Lifeline and Link Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking, 19
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  • (1996). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. The Commission has appointed the Universal Service Administrative Company (``USAC'') as permanent administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). 47 U.S.C. � 225(b)(1). See Telecommunications Relay Services and the Americans with Disabilities Act of 1990, Third Report and Order, 8 FCC Rcd 5300, 5301, � 7 (1993). Telecommunications relay services enable persons with hearing and speech disabilities to communicate by telephone with persons who may or may not have such disabilities. Such services provide telephone access to a
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  • 43235. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 C.F.R. �� 64.1195(a). 47 C.F.R. �� 54.711(a), 64.604(c)(5)(iii)(B), 52.17(b). 47 U.S.C. �� 254(d), 251(e)(2). 47 C.F.R. �� 54.706(a), 64.604(c)(5)(iii)(A), 52.17(a). 47 C.F.R. �� 1.1154, 1.1157(b)(1). The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection. 47 C.F.R. �� 54.701(a), 54.702(b). See www.teletronics-inc.com. See Letter from David A. Ferris, Counsel for Teletronics, Inc., Ferris and Neuman, L.L.P, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, FCC, dated November 24, 2004. Because this letter did not specify the exact dates in 1999 that Teletronics began interstate and international services, the applicability of regulatory provisions that became effective during
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  • San Antonio, TX , 78209. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. � 254(d). 47 C.F.R. �� 54.711(a), 64.604. 47 C.F.R. �� 54.706(a), 64.604(c)(5)(iii)(A). 47 C.F.R. �� 1.1154, 1.1157(b)(1). The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). See, e.g., 47 U.S.C. � 151. See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Existing carriers such as Carrera were required to register on or before April 2, 2001. Id. at 15996, 16025 (requiring existing
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  • filer identification number is then to be included on all further filings by the company and is used by the Commission and its administrators to track the carrier's contributions and invoices. The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. � 54.709(a). See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC
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  • Suite 300, Beverly Hills, CA 90211. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 C.F.R. � 64.1195. 47 C.F.R. �� 54.711(a), 64.604(c)(5)(iii)(B). 47 U.S.C. � 254(d). 47 C.F.R. �� 54.706(a), 64.604(c)(5)(iii)(A). The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). See, e.g., 47 U.S.C. � 151. See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 47 C.F.R. � 64.1195. Based on Telecom House's reported revenue for 2002, which it reported through its 2003 Form 499-A, it
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  • Inc., 105 Park Place Way, Carrollton, GA 30117. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 C.F.R. � 64.1195. 47 C.F.R. � 54.711(a). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(a). The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. �� 54.701(a), 54.702(b). See, e.g., 47 U.S.C. � 151. See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 47 C.F.R. � 64.1195. Based on CSII's reported revenue for 2002, CSII was a de minimis carrier in 2002, and therefore
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  • the application; and the type of services covered by the LOA. See LOA Guidance. In certain situations, other documentation, such as evidence that each consortium member knew it was represented on the application, may be accepted as proof of authorization. Id. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45,
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  • 47 C.F.R. �� 54.502-03. . See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, �� 10-14 (1998) (``USAC Appointment Order''); 47 C.F.R. � 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. � 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. � 254. Under
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  • Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, 02-6, Order on Reconsideration and Fourth Report and Order, 19 FCC Rcd 15252 (2004); Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202 (2003) (``Schools and Libraries Second Report and Order''). 47 C.F.R. � 54.701(a); see Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25069-70, � 20 (1998) (``USAC Appointment Order''). See 47 C.F.R. �� 54.702(b)-(m), 54.711, 54.715. 47
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  • a specific investigation. See, e.g., PHE, Inc. v. Dep't of Justice, 983 F.2d 248, 250-51 (D.C. Cir. 1993) . . . .''). This formulation is consistent with John Doe Agency, 493 U.S. at 153, where the Court observed that ``[t]he objects sought merely must have been `compiled' when the Government invokes the Exemption.'' AFR at 1, 2. 47 C.F.R. � 54.701. See Fifth Report & Order, 19 FCC Rcd at 15810. See id., 19 FCC Rcd at 15808, 15809, 15811, 15817 & n.49, 15819, 15830 and 15835. 47 C.F.R. �� 54.722 and 54.723. See Fifth Report & Order, 19 FCC Rcd at 15809 and 15835. See, e.g., Burka v. Dep't of Health & Human Svcs, 87 F.3d 508, 515 (D.C. Cir.
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  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, � 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, � 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
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  • federal Universal Service Fund (USF) by the Commission. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, paras. 10-14 (1998); 47 C.F.R. � 54.701(a). See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rule Making, 18 FCC Rcd 9202, 9213, para. 31 (2003) (Schools and Libraries Second Report and Order); see also 47 U.S.C. � 254; Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (1996 Act). Schools and
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  • at http://www.fcc.gov/oig/oigreportsaudit.html. 47 U.S.C. � 254(b). See id. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21, and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, paras. 10-14 (1998); 47 C.F.R. � 54.701(a). The Commission also established the Rural Health Care Pilot Program in which 69 participants covering 42 states and three US territories are eligible to receive funding for up to 85 percent of the costs associated with: (1) the construction of a state or regional broadband network and the advanced telecommunications and information services provided over that network; (2) connecting to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.txt
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, � 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, � 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.txt
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) (``2006 Contribution Methodology Order''), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232, (D.C. Cir. 2007). 47 C.F.R. � 54.701(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, � 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947,
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  • the federal universal service fund by the Commission. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, paras. 10-14 (1998); 47 C.F.R. � 54.701(a). See Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Second Report and Order and Further Notice of Proposed Rulemaking, 18 FCC Rcd 9202, 9213, para. 31 (2003) (Schools and Libraries Second Report and Order); see also 47 U.S.C. � 254(c). (last visited Dec. 2, 2009); see also Schools and Libraries Third Report and Order, 18 FCC Rcd
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  • Universal Service Support Mechanisms, Report and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 �� 63-64. 47 C.F.R. � 54.701(a). Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd
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  • Telecommunications Reporting Worksheet, Line 105, filed June 22, 2002 (``Omniat 2002 499-A''). See Omniat home page, http://www.omniat.com; Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). Omniat advertises interstate rates of ``4.5 cents anywhere in the US,'' and the ``lowest international rates in the US.'' Id. USAC is the administrator of the federal universal service fund. 47 C.F.R. � 54.701(a). Omniat's web site refers to the company interchangeably as ``OMNIAT,'' ``OMNIAT Telecom,'' and ``OMNIAT Telecom, LLC.'' See Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). The web site lists the address of the company as 127 W. Fairbanks Avenue, Suite 322, Winter Park, FL 32789. See About OMNIAT, http://www.omniat.com/About.asp (last visited Jan. 21, 2009). Omniat obtained an FCC
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  • 552(b)(7). See Kay v. FCC, 976 F.Supp. 23, 37 (D.D.C. 1997), aff'd, 172 F.3d 919 (D.C. Cir. 1998). The exemption applies both to pending actual enforcement proceedings and reasonably foreseeable proceedings that are regarded as prospective. Id. at 38. See also Daniel E. Riordan, 22 FCC Rcd 4316, 4317-19 �� 6-9 (2007). See AFR at 13-14. See 47 C.F.R. � 54.701(a) (designating USAC as administrator of the universal service support mechanisms); 47 C.F.R.�� 54.702(a),(j) (USAC shall be responsible for administering programs and must provide Commission with full access to data collected pursuant to administration of universal service support programs); Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, 20 FCC Rcd 11308, 11310 � 4 (2005) (USAC administers the universal
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  • Water Users Protective Ass'n, 532 U.S. 1,9 (2001) (noting that some courts of appeals have held that in some circumstances a document prepared outside the Government may nevertheless qualify as an intra-agency memorandum). See, e.g., 47 C.F.R. � 54.702(j) (USAC must provide Commission with full access to data collected pursuant to administration of universal service support programs); 47 C.F.R. � 54.701(a) (designating USAC as administrator of the universal service support mechanisms); 47 C.F.R.�� 54.702(a),(j) (USAC shall be responsible for administering programs and must provide Commission with full access to data collected pursuant to administration of universal service support programs); Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, 20 FCC Rcd 11308, 11310 � 4 (2005) (USAC administers the universal
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  • [universal service fund] Administrator.'' 47 C.F.R. � 54.703(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25,058, 25,063-66 �� 10-14 (1998); 47 C.F.R. � 54.701(a). USAC is responsible for performing numerous functions including, but not limited to, billing USF contributors, collecting USF contributions, disbursing funds, recovering improperly disbursed funds, processing appeals of funding decisions, submitting periodic reports to the Commission, maintaining accounting records, conducting audits of contributors and beneficiaries, and providing outreach to interested parties. See 47 C.F.R. �� 54.702(b)-(m), 54.711, 54.715. . See generally
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  • 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
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  • 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
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  • obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Consumer & Governmental Affairs Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms (See 47 CFR 54.701 of this chapter), the North American Numbering Plan administration cost recovery (See 47 CFR 52.16 of this chapter), and the long-term local number portability cost recovery (See 47 CFR 52.32 of this chapter). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS
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  • Administrator of the Fund under the Commission's direction. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25,058, 25,063-66, paras. 10-14 (1998); 47 C.F.R. � 54.701(a). The Commission appointed USAC the permanent Administrator of all of the federal universal service support mechanisms. See 47 C.F.R. �� 54.702(b)-(m), 54.711, 54.715. USAC administers the Fund in accordance with the Commission's rules and orders. The Commission provides USAC with oral and written guidance, as well as regulation through its rulemaking process. USAC plays a critical role as day-to-day Administrator
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  • � 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based on quarterly filings are subject to an annual true-up. 47 C.F.R. � 54.709(b). 47 C.F.R. � 54.701(a). See 47 C.F.R. � 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. � 1.1910.
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  • percentage of the company's overall traffic.'' FLOI Response, Response to Inquiry 20(a). In 2004, the company received a certificate of public convenience and necessity in California to operate as a nondominant interexchange carrier providing inter- and intra-LATA services. LOI Response, Response to Inquiry 6. FLOI Response, Response to Inquiry 20(c). USAC administers the federal Universal Service Fund. 47 C.F.R. � 54.701(a). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, Starfone, dated Mar. 9, 2009 (LOI). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, RB Communications, Inc., dated Sept. 4, 2009 (FLOI). LOI Response, Response to Inquiry 18.
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  • shall be based on contributors' projected collected end-user telecommunications revenues and on a contribution factor determined quarterly by the Commission based on information submitted by USAC. The quarterly contribution factor is based on the ratio of total projected quarterly expenses of the universal service support mechanisms to total projected collected end-user telecommunications revenues. 47 C.F.R. � 54.709(a). 47 C.F.R. � 54.701; Universal Service Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41. 47 C.F.R. � 54.711(a); 47 C.F.R. � 54.708 (``all interconnected VoIP providers, including those whose contributions would be de minimis, must file the Telecommunications Reporting Worksheet.''). In addition to de minimis interconnected VoIP service providers, certain other non-contributors are also required to file the Telecommunications Reporting Worksheets
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  • C.F.R. � 52.17. 47 U.S.C. � 251(e)(2); 47 C.F.R. � 52.32(a). 47 C.F.R. �� 1.1154, 1.1157(b)(1). 47 U.S.C. � 254(d). 47 C.F.R. �� 54.706(b), 54.711, 64.1195; see also 47 U.S.C. � 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). 47 C.F.R. � 54.701(a). See id. �� 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form 499-A. See Federal-State Joint Board on Universal Service, Petition for Reconsideration Filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748, 5755, para. 19 & n.32 (2001) (Quarterly Reporting Order); 47
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf
  • data in company-specific form unless authorized by the Commission. The B & C Agent shall use such data only for calculating, collecting and verifying payments, except as described below in this paragraph. The Chief of the Common Carrier Bureau may approve arrangements between the B & C Agent and administrators of the universal service support mechanism (See 47 C.F.R. Sec. 54.701), the TRS Fund (See 47 C.F.R. Sec. 64.604(c)(4)(iii)(H)), and the local number portability cost recovery (See 47 C.F.R. Sec. 52.32) to permit sharing of information on contributors in order to gain administrative efficiencies or validate contributor data; * * * 3. Section 52.17 of the Commission's rules is amended to read as follows: � 52.17 Costs of number administration. All
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  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
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  • FEDERAL REGULATIONS 1. Part 54 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 54--UNIVERSAL SERVICE 2. Section 54.507(e) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 3. Section 54.509(a) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 4. Section 54.701 is amended by removing all references to "Temporary Administrator". 5. Section 54.5 is amended by revising the definition of "Administrator" and adding the following definitions: Administrator. The term "Administrator" shall refer to the National Exchange Carrier Association, Inc. until the date that an independent subsidiary of the National Exchange Carrier Association, Inc. is incorporated and has commenced the administration of
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  • to reduce their lowest tariffed (or otherwise generally available) residential rate for the services enumerated in � 54.101(a)(1) through (a)(9), and charge Lifeline consumers the resulting amount. (c) Lifeline support for providing toll limitation shall equal the eligible telecommunications carrier's incremental cost of providing either toll blocking or toll control, whichever is selected by the particular consumer. Subpart H-Administration � 54.701 Administrator of universal service support mechanisms. (a) The Universal Service Administrative Company is appointed the permanent Administrator of the federal universal service support mechanisms, subject to a review after one year by the Federal Communications Commission to determine that the Administrator is administering the universal service support mechanisms in an efficient, effective, and competitively neutral manner. (b) The Schools and
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  • para 52. See ITTA Comments at 8-9. Specifically, the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to
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  • examples of rules that should be eliminated, in whole or in part, for this reason. 36.701 - Lifeline connection assistance expense allocation - general. 51.211 - Toll Dialing Parity Implementation. 51.515(b)-(c) - Application of access charges. 53.101 - Joint marketing of local and long distance services by interLATA carriers. 53.201(a)-(b) - Services for which a separate 272 affiliate is required. 54.701(b)-(e) - Administrator of universal service support mechanisms. 64.1320 - Payphone compensation verification and reports. 64.1903(c) - Obligations of all incumbent independent local exchange carriers. 69.116 - Universal service fund. 69.117 - Lifeline assistance. 69.126 - Nonrecurring charges. 69.127 - Transitional equal charge rule. 69.612 - Long term and transitional support. Other Issues The USTA Petition and Industry Comments In preparation
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3893A2.html
  • General Attorney, SBC Telecommunications, Inc., to David Janas, Special Counsel, Investigations & Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 6, 2004 and September 13, 2004. 4 See Part 54, Subpart F, of the Commission's rules, 47 C.F.R. 54.500 et seq. 5 The Commission has designated USAC to administer universal service support under Commission direction and oversight. 47 C.F.R. 54.701. 6 Under this provision, SBC will not be required to provide E-Rate compliance training to employees whose responsibilities do not include any decision making regarding E-Rate contracts and services, and whose involvement in E-Rate projects is limited to performing non-E-Rate specific job functions. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A2.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A2.doc
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • 110 Stat. 56 (1996). 1047 U.S.C. 254(d). 1147 C.F.R. 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. The Commission has appointed the Universal Service Administrative Company (``USAC'') as permanent administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 1247 U.S.C. 225(b)(1). 13See Telecommunications Relay Services and the Americans with Disabilities Act of 1990, Third Report and Order, 8 FCC Rcd 5300, 5301, 7 (1993). Telecommunications relay services enable persons with hearing and speech disabilities to communicate by telephone with persons who may or may not have such disabilities. Such services provide telephone access to a significant number
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195(a). 2 47 C.F.R. 54.711(a), 64.604(c)(5)(iii)(B), 52.17(b). 3 47 U.S.C. 254(d), 251(e)(2). 4 47 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A), 52.17(a). 5 47 C.F.R. 1.1154, 1.1157(b)(1). 6 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection. 47 C.F.R. 54.701(a), 54.702(b). 7 See www.teletronics-inc.com. 8 See Letter from David A. Ferris, Counsel for Teletronics, Inc., Ferris and Neuman, L.L.P, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, FCC, dated November 24, 2004. Because this letter did not specify the exact dates in 1999 that Teletronics began interstate and international services, the applicability of regulatory provisions that became
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • LP, P.O. Box 90417, San Antonio, TX , 78209. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 147 U.S.C. 254(d). 247 C.F.R. 54.711(a), 64.604. 347 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A). 447 C.F.R. 1.1154, 1.1157(b)(1). 5The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6See, e.g., 47 U.S.C. 151. 7See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Existing carriers such as Carrera were required to register on or before April 2, 2001. Id. at 15996, 16025 (requiring existing carriers
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • filer identification number is then to be included on all further filings by the company and is used by the Commission and its administrators to track the carrier's contributions and invoices. 11 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 12 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 13 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • 300, Beverly Hills, CA 90211. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195. 2 47 C.F.R. 54.711(a), 64.604(c)(5)(iii)(B). 3 47 U.S.C. 254(d). 4 47 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A). 5 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6 See, e.g., 47 U.S.C. 151. 7 See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 8 47 C.F.R. 64.1195. 9 Based on Telecom House's reported revenue for 2002, which it reported through its 2003 Form
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • 105 Park Place Way, Carrollton, GA 30117. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195. 2 47 C.F.R. 54.711(a). 3 47 U.S.C. 254(d). 4 47 C.F.R. 54.706(a). 5 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6 See, e.g., 47 U.S.C. 151. 7 See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 8 47 C.F.R. 64.1195. 9 Based on CSII's reported revenue for 2002, CSII was a de minimis carrier in 2002,
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • (February 2005), available at http://nces.ed.gov/pubs2005/2005015.pdf. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, PP 10-14 (1998) ("USAC Appointment Order"); 47 C.F.R. S 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. S 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. S 254. Under
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, P: 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72, P: 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954, P: 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (extending section 254(d) permissive authority to require interconnected VoIP providers to contribute to the USF) ("2006 Contribution Methodology Order"), petition for review denied, and vacated in part on other grounds, Vonage Holding Corp. v. FCC, 489 F.3d 1232, (D.C. Cir. 2007). 47 C.F.R. S: 54.701(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, and Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679, 1687, P: 18 (1999); Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947,
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
  • Universal Service Support Mechanisms, Report and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 P:P: 63-64. 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
  • Telecommunications Reporting Worksheet, Line 105, filed June 22, 2002 ("Omniat 2002 499-A"). See Omniat home page, http://www.omniat.com; Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). Omniat advertises interstate rates of "4.5 cents anywhere in the US," and the "lowest international rates in the US." Id. USAC is the administrator of the federal universal service fund. 47 C.F.R. S: 54.701(a). Omniat's web site refers to the company interchangeably as "OMNIAT," "OMNIAT Telecom," and "OMNIAT Telecom, LLC." See Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). The web site lists the address of the company as 127 W. Fairbanks Avenue, Suite 322, Winter Park, FL 32789. See About OMNIAT, http://www.omniat.com/About.asp (last visited Jan. 21, 2009). Omniat obtained an FCC
• http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • providing service until after the August 1, 2006 499-Qs were due. 47 C.F.R. S: 54.711. Carriers subject to the rule must file the Quarterly Worksheet to show projected revenues. See Quarterly Worksheet at 1. Carriers, including interconnected VoIP providers, must submit their annual Worksheets no later than April 1 of each year. See Annual Worksheet at 1. 47 C.F.R. S: 54.701(a). 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on
• http://transition.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • Quarterly Worksheet, the FCC Form 499-Q, to show projected revenues. Carriers must submit their Quarterly Worksheets no later than February 1, May 1, August 1, and November 1 of each year. See Quarterly Worksheet Form at 1. Carriers must submit their annual Worksheets no later than April 1 of each year. See Annual Worksheet Form at 1. 47 C.F.R. S: 54.701(a). 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910.
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910.
• http://transition.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
  • percentage of the company's overall traffic." FLOI Response, Response to Inquiry 20(a). In 2004, the company received a certificate of public convenience and necessity in California to operate as a nondominant interexchange carrier providing inter- and intra-LATA services. LOI Response, Response to Inquiry 6. FLOI Response, Response to Inquiry 20(c). USAC administers the federal Universal Service Fund. 47 C.F.R. S: 54.701(a). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, Starfone, dated Mar. 9, 2009 (LOI). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, RB Communications, Inc., dated Sept. 4, 2009 (FLOI). LOI Response, Response to Inquiry 18.
• http://transition.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
  • C.F.R. S: 52.17. 47 U.S.C. S: 251(e)(2); 47 C.F.R. S: 52.32(a). 47 C.F.R. S:S: 1.1154, 1.1157(b)(1). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195; see also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). 47 C.F.R. S: 54.701(a). See id. S:S: 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form 499-A. See Federal-State Joint Board on Universal Service, Petition for Reconsideration Filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748, 5755, para. 19 & n.32 (2001) (Quarterly Reporting Order); 47
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.wp
  • data in company-specific form unless authorized by the Commission. The B & C Agent shall use such data only for calculating, collecting and verifying payments, except as described below in this paragraph. The Chief of the Common Carrier Bureau may approve arrangements between the B & C Agent and administrators of the universal service support mechanism (See 47 C.F.R. Sec. 54.701), the TRS Fund (See 47 C.F.R. Sec. 64.604(c)(4)(iii)(H)), and the local number portability cost recovery (See 47 C.F.R. Sec. 52.32) to permit sharing of information on contributors in order to gain administrative efficiencies or validate contributor data; * * * 3. Section 52.17 of the Commission's rules is amended to read as follows: � 52.17 Costs of number administration. All
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.txt
  • total end-user telecommunications revenues. Thus, contributions are the product of a contributor's end-user telecommunications revenues multiplied by a quarterly contribution factor that is equal to the ratio of total projected quarterly expenses of the universal service support mechanisms to total end-user telecommunications revenues. See Second Order on Reconsideration, 12 FCC Rcd at 18423-24, para. 41; see also 47 C.F.R. � 54.701. Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix B; see also 47 C.F.R. 54.711(a). (``Contributions shall be calculated and filed in accordance with the Telecommunications Reporting Worksheet. The Telecommunications Reporting Worksheet sets forth information that the contributor must submit to the Administrator [USAC] on a semi-annual basis. . . .''). See Second Order on Reconsideration, 12 FCC Rcd at
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • FEDERAL REGULATIONS 1. Part 54 of Title 47 of the Code of Federal Regulations (CFR) is amended as follows: PART 54--UNIVERSAL SERVICE 2. Section 54.507(e) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 3. Section 54.509(a) is amended by removing the word "administrator" and adding, in its place, the word "Administrator". 4. Section 54.701 is amended by removing all references to "Temporary Administrator". 5. Section 54.5 is amended by revising the definition of "Administrator" and adding the following definitions: Administrator. The term "Administrator" shall refer to the National Exchange Carrier Association, Inc. until the date that an independent subsidiary of the National Exchange Carrier Association, Inc. is incorporated and has commenced the administration of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99175.pdf
  • Section 52.17(b). (c) Keep confidential all data obtained from carriers and not disclose such data in company-specific form unless authorized by the Commission. Subject to any restrictions imposed by the Chief of the Common Carrier Bureau, the B & C Agent may share data obtained from carriers with the administrators of the universal service support mechanism (See 47 C.F.R. Sec. 54.701), the TRS Fund (See 47 C.F.R. Sec. 64.604(c)(4)(iii)(H)), and the local number portability cost recovery (See 47 C.F.R. Sec. 52.32). The B & C Agent shall keep confidential all data obtained from other administrators. The B & C Agent shall use such data, from carriers or administrators, only for calculating, collecting and verifying payments. The Commission shall have access to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001909.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001909.txt
  • in light of this decision. FEDERAL COMMUNICATIONS COMMISSION Yog R. Varma Deputy Chief, Common Carrier Bureau Letter from Dr. Jo Campbell, Council Bluffs Community Schools, to Federal Communications Commission, filed March 9, 2000 (Request for Waiver). 47 C.F.R. �� 54.502, 45.503. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Schools and Libraries Universal Service, Description of Services Requested and Certification Form, OMB 3060-0806 (FCC Form 470). 47 C.F.R. � 54.504(b); Universal Service Order, 12 FCC Rcd at 9078, para. 575. 47 C.F.R. � 54.504(b), (c); Schools and Libraries Universal Service, Services Ordered and Certification
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002132.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002132.txt
  • Service Order at para. 209. See 47 C.F.R. � 54.802(a); see also Interstate Access Universal Service Order at para. 227. See 47 C.F.R. � 54.802(a) Id. Such lines include all business class lines assessed the end user common line charge pursuant to Section 69.152 of the Commission's rules. 47 C.F.R. � 69.152. See 47 C.F.R. � 54.802(d)(2). 47 C.F.R. �� 54.701, 54.702. See 47 C.F.R. � 54.802(d); see also Interstate Access Universal Service Order at para. 209. See id. See http://www.fcc.gov/ccb/universal_service. See 47 C.F.R. � 0.459; Response of Aliant Communications Co. to Data Request (filed Jun. 30, 2000) (Aliant Response); Letter from Joseph DiBella, Regulatory Counsel, Bell Atlantic Network Services, Inc., to Magalie Roman Salas, Secretary (filed Jun. 30, 2000) (Bell
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00056.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00056.txt
  • data obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Common Carrier Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms (See 47 C.F.R. � 54.701), the North American Numbering Plan administration cost recovery (See 47 C.F.R. � 52.16), and the long-term local number portability cost recovery (See 47 C.F.R. � 52.32). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS Fund, calculating the regulatory fees of interstate
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • to reduce their lowest tariffed (or otherwise generally available) residential rate for the services enumerated in � 54.101(a)(1) through (a)(9), and charge Lifeline consumers the resulting amount. (c) Lifeline support for providing toll limitation shall equal the eligible telecommunications carrier's incremental cost of providing either toll blocking or toll control, whichever is selected by the particular consumer. Subpart H-Administration � 54.701 Administrator of universal service support mechanisms. (a) The Universal Service Administrative Company is appointed the permanent Administrator of the federal universal service support mechanisms, subject to a review after one year by the Federal Communications Commission to determine that the Administrator is administering the universal service support mechanisms in an efficient, effective, and competitively neutral manner. (b) The Schools and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00200.doc
  • data obtained from contributors and TRS providers confidential and shall not disclose such data in company-specific form unless directed to do so by the Commission. Subject to any restrictions imposed by the Chief of the Common Carrier Bureau, the TRS Fund administrator may share data obtained from carriers with the administrators of the universal support mechanisms (See 47 C.F.R. � 54.701), the North American Numbering Plan administration cost recovery (See 47 C.F.R. � 52.16), and the long-term local number portability cost recovery (See 47 C.F.R. � 52.32). The TRS Fund administrator shall keep confidential all data obtained from other administrators. The administrator shall not use such data except for purposes of administering the TRS Fund, calculating the regulatory fees of interstate
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00456.txt
  • para 52. See ITTA Comments at 8-9. Specifically, the staff identified the following rule sections: 36.701 - Lifeline connection assistance expense allocation - general; 51.211 - Toll Dialing Parity Implementation; 51.515(b)-(c) - Application of access charges; 53.101 - Joint marketing of local and long distance services by interLATA carriers; 53.201(a)-(b) - Services for which a separate 272 affiliate is required; 54.701(b)-(e) - Administrator of universal service support mechanisms; 64.1320 - Payphone compensation verification and reports; 64.1903(c) - Obligations of all incumbent independent local exchange carriers; 69.116 - Universal service fund; 69.117 - Lifeline assistance; 69.126 - Nonrecurring charges; 69.127 - Transitional equal charge rule; 69.612 - Long term and transitional support. The Lifeline Assistance program was significantly revised and moved to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010852.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010852.txt
  • Christian School, Duquesne, Pennsylvania, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Carol E. Mattey Deputy Chief, Common Carrier Bureau Letter from Benjamin J. Aron, Schwaninger & Associates, to Federal Communications Commission, filed December 8, 1999 (Request for Review). 47 C.F.R. �� 54.502, 54.503. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions); see also Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21 and 96-45, Third Report and Order in CC Docket No. 97-21 and Fourth Order on Reconsideration in CC Docket
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011620.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011620.txt
  • (SLD Appeal). SLD Appeal at 1. SLD Appeal at 1-2. Letter from Schools and Libraries Division, Universal Service Administrative Co., to William R. Leto, Project Interconnect, dated September 15, 2000 (Administrator's Decision on Appeal). Request for Review at 2. Id. Id. Id. 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). 47 C.F.R. � 54.705(a)(1). See also Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal State Joint Board on Universal Service, Third Report and Order and Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012037.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012037.txt
  • Hysham Public Schools, Hysham, Montana, dated August 5, 1999 (Receipt Acknowledgement Letter). Receipt Acknowledgement Letter at 3. . Administration of the schools and libraries support mechanism is the responsibility of SLD under the oversight of the Schools and Libraries Committee of USAC. 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include their authority to make decisions in how to administrate the schools and libraries program and ensure compliance with our rules. See Changes to the Board of Directors of
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012230.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da012230.txt
  • 471). Id. SLD Letter. SLD Appeal. Id. Id. Administrator's Decision on Appeal. Id. Id. Request for Review. Administration of the schools and libraries support mechanism is the responsibility of SLD, under the oversight of the Schools and Libraries Committee of USAC. See 47 C.F.R. � 54.705(a)(1) (setting forth the functions of the Schools and Libraries Committee) and 47 C.F.R. � 54.701(g)(i) (directing the Administrator to establish the Schools and Libraries Division, and setting forth its functions). Under the rules adopted in the Commission's Eighth Reconsideration Order, the Schools and Libraries Committee's functions include "development of applications and associated instructions," "review of bills for services that are submitted by schools and libraries," and "administration of the application process, including activities to ensure
• http://www.fcc.gov/eb/Orders/2004/DA-04-3893A2.html
  • General Attorney, SBC Telecommunications, Inc., to David Janas, Special Counsel, Investigations & Hearings Division, Enforcement Bureau, Federal Communications Commission, dated August 6, 2004 and September 13, 2004. 4 See Part 54, Subpart F, of the Commission's rules, 47 C.F.R. 54.500 et seq. 5 The Commission has designated USAC to administer universal service support under Commission direction and oversight. 47 C.F.R. 54.701. 6 Under this provision, SBC will not be required to provide E-Rate compliance training to employees whose responsibilities do not include any decision making regarding E-Rate contracts and services, and whose involvement in E-Rate projects is limited to performing non-E-Rate specific job functions. References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A2.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3893A2.doc
• http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • 110 Stat. 56 (1996). 1047 U.S.C. 254(d). 1147 C.F.R. 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. The Commission has appointed the Universal Service Administrative Company (``USAC'') as permanent administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 1247 U.S.C. 225(b)(1). 13See Telecommunications Relay Services and the Americans with Disabilities Act of 1990, Third Report and Order, 8 FCC Rcd 5300, 5301, 7 (1993). Telecommunications relay services enable persons with hearing and speech disabilities to communicate by telephone with persons who may or may not have such disabilities. Such services provide telephone access to a significant number
• http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195(a). 2 47 C.F.R. 54.711(a), 64.604(c)(5)(iii)(B), 52.17(b). 3 47 U.S.C. 254(d), 251(e)(2). 4 47 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A), 52.17(a). 5 47 C.F.R. 1.1154, 1.1157(b)(1). 6 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection. 47 C.F.R. 54.701(a), 54.702(b). 7 See www.teletronics-inc.com. 8 See Letter from David A. Ferris, Counsel for Teletronics, Inc., Ferris and Neuman, L.L.P, to Gerald H. Chakerian, Attorney, Investigations and Hearings Division, Enforcement Bureau, FCC, dated November 24, 2004. Because this letter did not specify the exact dates in 1999 that Teletronics began interstate and international services, the applicability of regulatory provisions that became
• http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • LP, P.O. Box 90417, San Antonio, TX , 78209. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 147 U.S.C. 254(d). 247 C.F.R. 54.711(a), 64.604. 347 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A). 447 C.F.R. 1.1154, 1.1157(b)(1). 5The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6See, e.g., 47 U.S.C. 151. 7See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Existing carriers such as Carrera were required to register on or before April 2, 2001. Id. at 15996, 16025 (requiring existing carriers
• http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • filer identification number is then to be included on all further filings by the company and is used by the Commission and its administrators to track the carrier's contributions and invoices. 11 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 12 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 13 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18
• http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • 300, Beverly Hills, CA 90211. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195. 2 47 C.F.R. 54.711(a), 64.604(c)(5)(iii)(B). 3 47 U.S.C. 254(d). 4 47 C.F.R. 54.706(a), 64.604(c)(5)(iii)(A). 5 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6 See, e.g., 47 U.S.C. 151. 7 See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 8 47 C.F.R. 64.1195. 9 Based on Telecom House's reported revenue for 2002, which it reported through its 2003 Form
• http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • 105 Park Place Way, Carrollton, GA 30117. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 C.F.R. 64.1195. 2 47 C.F.R. 54.711(a). 3 47 U.S.C. 254(d). 4 47 C.F.R. 54.706(a). 5 The Commission has appointed USAC as the administrator of federal universal service support mechanisms and has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 6 See, e.g., 47 U.S.C. 151. 7 See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 8 47 C.F.R. 64.1195. 9 Based on CSII's reported revenue for 2002, CSII was a de minimis carrier in 2002,
• http://www.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
  • (February 2005), available at http://nces.ed.gov/pubs2005/2005015.pdf. See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in CC Docket No. 96-45, 13 FCC Rcd 25058, 25063-66, PP 10-14 (1998) ("USAC Appointment Order"); 47 C.F.R. S 54.701(a). This amount was disbursed as of April 30, 2005. See Universal Service - Schools and Libraries Support Mechanism Commitment Status Weekly Report, dated April 29, 2005. See 47 C.F.R. S 54.507. The E-Rate and other universal service programs are funded by mandatory contributions to the USF by all telecommunications carriers providing interstate and international services. 47 U.S.C. S 254. Under
• http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
  • Universal Service Support Mechanisms, Report and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 P:P: 63-64. 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local
• http://www.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
  • Telecommunications Reporting Worksheet, Line 105, filed June 22, 2002 ("Omniat 2002 499-A"). See Omniat home page, http://www.omniat.com; Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). Omniat advertises interstate rates of "4.5 cents anywhere in the US," and the "lowest international rates in the US." Id. USAC is the administrator of the federal universal service fund. 47 C.F.R. S: 54.701(a). Omniat's web site refers to the company interchangeably as "OMNIAT," "OMNIAT Telecom," and "OMNIAT Telecom, LLC." See Omniat Questions and Answers, http://www.omniat.com/Questions.asp (last visited Jan. 21, 2009). The web site lists the address of the company as 127 W. Fairbanks Avenue, Suite 322, Winter Park, FL 32789. See About OMNIAT, http://www.omniat.com/About.asp (last visited Jan. 21, 2009). Omniat obtained an FCC
• http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • providing service until after the August 1, 2006 499-Qs were due. 47 C.F.R. S: 54.711. Carriers subject to the rule must file the Quarterly Worksheet to show projected revenues. See Quarterly Worksheet at 1. Carriers, including interconnected VoIP providers, must submit their annual Worksheets no later than April 1 of each year. See Annual Worksheet at 1. 47 C.F.R. S: 54.701(a). 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on
• http://www.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • Quarterly Worksheet, the FCC Form 499-Q, to show projected revenues. Carriers must submit their Quarterly Worksheets no later than February 1, May 1, August 1, and November 1 of each year. See Quarterly Worksheet Form at 1. Carriers must submit their annual Worksheets no later than April 1 of each year. See Annual Worksheet Form at 1. 47 C.F.R. S: 54.701(a). 47 C.F.R. S: 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.") See, e.g., "Proposed Second Quarter 2006 Contribution Factor," Public Notice, 21 FCC Rcd 2379 (Wireline Comp. Bur. 2006) ("Contribution payments are due on the date shown on
• http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910.
• http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See 47 C.F.R. S: 1.1910.
• http://www.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
  • percentage of the company's overall traffic." FLOI Response, Response to Inquiry 20(a). In 2004, the company received a certificate of public convenience and necessity in California to operate as a nondominant interexchange carrier providing inter- and intra-LATA services. LOI Response, Response to Inquiry 6. FLOI Response, Response to Inquiry 20(c). USAC administers the federal Universal Service Fund. 47 C.F.R. S: 54.701(a). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, Starfone, dated Mar. 9, 2009 (LOI). Letter from Trent B. Harkrader, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, to Mr. Lyle Watkins, General Manager, RB Communications, Inc., dated Sept. 4, 2009 (FLOI). LOI Response, Response to Inquiry 18.
• http://www.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
  • C.F.R. S: 52.17. 47 U.S.C. S: 251(e)(2); 47 C.F.R. S: 52.32(a). 47 C.F.R. S:S: 1.1154, 1.1157(b)(1). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195; see also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). 47 C.F.R. S: 54.701(a). See id. S:S: 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form 499-A. See Federal-State Joint Board on Universal Service, Petition for Reconsideration Filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748, 5755, para. 19 & n.32 (2001) (Quarterly Reporting Order); 47