FCC Web Documents citing 54.708

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

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  • Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC Rcd 7518, 7548-49, para. 61 (2006). 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706(a), 54.711(a). Each such entity must contribute to the Universal Service Fund unless it qualifies for an exception, such as the de minimis exception. See, e.g., 47 C.F.R. � 54.708. This entity must still, however, comply with certain other registration, reporting and contribution obligations in connection with other Commission programs even if it qualifies for the de minimis exception for purposes of the Universal Service Fund in a given year. See, e.g., Wireline Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice,
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  • Second Order on Reconsideration, 15 FCC Rcd 15996, 16024, � 159 (2000). 47 C.F.R. � 54.711. Pursuant to the de minimis exception, contributors that owe less than $10,000 to the USF in any given year are not required to contribute to the fund or file Worksheets (annual or quarterly) for that year for purposes of the USF. 47 C.F.R. � 54.708. (See note 11, infra, on quarterly reporting.) Based on Global Teldata's reported revenue for 2003 as reported in its 2004 Form 499-A, it was a de minimis carrier in 2003. Even though the de minimis exception excuses carriers from the requirements for USF purposes, however, the rules still require carriers such as Global Teldata to file annual Worksheets for purposes
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  • de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n. 22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. Id. � 1.1910. The rule went into effect on November 1, 2004; see ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). See Telrite's 2006 FCC 499-A, Line 105, filed March 24, 2006. Letter from Michael G. Geoffroy, Corporate Counsel, Telrite Corporation, to Christopher Shields, Enforcement Bureau,
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  • Data Provided by LPSI to USAC At the time the Commission released the NAL, LPSI's projected collected revenue, as reported on LPSI's quarterly Worksheets, had indicated that LPSI owed USF contributions in 2006. On May 31, 2007, however, LPSI filed its 2007 annual Worksheet. Based on the historical revenue reported in LPSI's 2007 annual Worksheet, USAC determined that under section 54.708 of the Commission's rules, LPSI was a de minimis carrier and therefore exempt from USF contributions in 2006. Thus, USAC credited LPSI for the amounts that USAC invoiced LPSI for 2006 contributions. When calculating the total proposed forfeiture in the NAL, we assessed forfeitures of $20,000 per month for LPSI's failure to make monthly USF contributions between March 2005 and
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  • See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19893, 19896 � 5 n. 22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for contributors to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered to be de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Since April 1, 2003, contributions have been based on a contributor's projected, rather than historical, revenues. Id. See also Interim Contribution Order, 17 FCC Rcd at 24969-74 �� 29-39. See 47 U.S.C. � 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the
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  • de minimis if it is required to contribute to the federal USF, but its contribution to the USF in a given year would be less than $10,000. Telecommunications providers that would be required to contribute to USF but meet the de minimis standard in a given year are not required to contribute to the USF that year. 47 C.F.R. � 54.708. De minimis telecommunications providers are not required to file the quarterly Telecommunications Reporting Worksheet, which is used to determine monthly universal service contribution amounts. See Wireless Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice, 22 FCC Rcd 1889, 1891 (Wireline Comp. Bur. 2007) (``De Minimis Public Notice''). Carriers who are de
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  • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. See Response of Globalcom, Inc. to the Enforcement Bureau's August 6, 2009 Letter of Inquiry, dated Sept. 22, 2009, at response to Question 2 (``LOI Response''). Id. at response to Question 4. See Press Release of First Communications, Inc., ``Welcome Letter from Ray Hexamer, Chief Executive Officer of First Communications,'' dated Oct. 1, 2008, available
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  • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. See Response of NTS Communications, Inc. to the Enforcement Bureau's July 31, 2009 Letter of Inquiry, dated August 31, 2009, at response to Questions 1 and 2 (``LOI Response''). Id. at response to Question 4(b). Id. at response to Question 4(c). Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division, Enforcement Bureau, FCC,
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  • for each failure to timely file a reporting worksheet for a total of $150,000 for three worksheets). (``Globcom NAL''); Roadrunner Transp., Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000); Liab. of E. Broad. Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37 (1967), Teletronics NAL, 20 FCC Rcd at 13298-99 �� 20-22. NAL Response at 2-3. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.708; Telecommunications Reporting Worksheet, FCC Revised Form 499-A (2006), Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 5, http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf (``2006 Telecommunications Reporting Worksheet Instructions''); Wireline Competition Bureau Reminds De Minimis Telecommunication Providers of Certain FCC Regulation, Reporting, and Contribution Requirements, Public
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  • U.S.C. � 254. See 47 C.F.R. � 54.709(a). See Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 8 (Form 499-A Instructions); see also Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms at 8 (Form 499-Q Instructions). 47 C.F.R. � 54.708. 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, 5753, n.22 (2001) (Form 499-Q Order); see also Form 499-A Instructions at 9; Form 499-Q Instructions at 9. See Form 499-Q Order, 16 FCC Rcd at 5752-5753, para. 12. (setting forth the Form 499 filing requirements for
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  • in the Contribution Methodology Order and NPRM for contributors to report projected revenues in the Form 499-Q became effective January 29, 2003. See 67 Fed. Reg. 79525 (2002). 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, 5752 (2001) (Form 499-Q Order). See 47 C.F.R. � 54.708; 499-A Instructions at 5. As explained below, the Worksheet also collects information for assessing regulatory fees and for contributions to interstate telecommunications relay services, administration of the North American Numbering Plan, and shared costs of local number portability administration. See infra para. 8. See also 499-A Instructions at 3. See Form 499-Q Instructions at 9. See Form 499-Q Order, 16
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  • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non- common carrier basis need not file this Worksheet if their contribution to
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  • Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006). Id.; see also 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. Id. at 9207, para. 846. Id. 47 C.F.R. � 54.708. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). 47 C.F.R. � 54.706(d). Id. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue
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  • and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected Voice over internet protocol providers to contribute to the Fund because they are providers of interstate telecommunications). Id.; see also 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. Id. at 9207, para. 846. Id. 47 C.F.R. � 54.708. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). 47 C.F.R. � 54.706(d). Id. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue
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  • contact Melissa Kirkel, Wireline Competition Bureau, (202) 418-7958. Press inquiries should be directed to Mark Wigfield, Wireline Competition Bureau, (202) 418-0253. - FCC - This Public Notice is not intended to address all of the requirements that may apply to certain telecommunications providers, such as application and licensing requirements or the requirement to pay regulatory fees. See 47 C.F.R. � 54.708. In this Public Notice, the term ``telecommunications providers'' includes ``telecommunications carriers'' as well as certain other providers of ``telecommunications,'' such as payphone providers that are aggregators, providers of interstate telecommunications for a fee on a non-common carrier basis, and interconnected Voice over Internet Protocol (VoIP) providers. See 47 C.F.R. � 54.706. The terms ``telecommunications carrier'' and ``telecommunications'' are defined in
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  • Cir. 1999), cert. denied, 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000). The Act and the Commission's rules exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. See 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. See Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999); Federal-State Joint Board on Universal Service, Access Charge Reform, Universal Service
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  • 499. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, CC Docket No. 98-171, Report and Order, 14 FCC Rcd 16602 (1999). Contributors currently are required to file this information quarterly and annually. 47 C.F.R. � 54.711(a). See 47 C.F.R. � 54.708. Section 254(d) of the Communications Act of 1934, as amended (the Act) states that the Commission may exempt a carrier or class of carriers from contributing to the universal service mechanisms if the ``carrier's contribution to the preservation and advancement of universal service would be de minimis.'' 47 U.S.C. � 254(d). Section 254 of the Act was added by the
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  • 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 DECISIONS ISSUED BY THE ADMINISTRATOR Brief Description: These rules specify the requirements regarding review of decisions issued by the Universal Service Administrative Company. These rules establish the filing requirements, review process, and the treatment
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  • First Report and Order) (subsequent history omitted). See 47 C.F.R. � 54.611. Id. 47 C.F.R. � 54.611(b). 47 C.F.R. � 54.611(c). See 47 C.F.R. � 54.711(b); see also 47 C.F.R. � 54.709 (setting dates for contributor filings and determining the contribution factor). See 47 C.F.R. � 54.611(d). 47 C.F.R. � 54.611(d). See Request for Waiver at 2. Id. Id. Section 54.708 of the Commission's rules state that if a contributor's universal service contribution obligation in any given year is less than $10,000, that contributor is not required to contribute directly to the universal service fund. 47 C.F.R. � 54.708. Request for Waiver at 2. Id. See supra, para. 3. 47 C.F.R. � 54.611. See Request for Waiver at 2. Id. at
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  • Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. The Act and the Commission's rules do, however, exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are
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  • and possessions. 47 U.S.C. � 153(40). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service First Report and Order) (subsequent history omitted); 47 C.F.R. �� 54.601-54.625. Universal Service First Report and Order, 12 FCC Rcd at 9093-9094, para. 610. See 47 C.F.R. � 54.611. Id. 47 C.F.R. � 54.708. 47 C.F.R. � 54.611(b). 47 C.F.R. � 54.611(c). See 47 C.F.R. � 54.611(b); see also 47 C.F.R. � 54.709 (setting dates for contributor filings and determining the contribution factor). See 47 C.F.R. � 54.611(d). See E-mail from Michele Garber, USAC, to Erica Myers, FCC (dated Jun. 7, 2010). USAC explains that it reviews invoices of companies that have a credit
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  • See 47 C.F.R. � 54.706(a). Universal Service First Report and Order, 12 FCC Rcd at 9179, para. 787. The Commission's rules exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are
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  • The information collections included in the forms have received prior approval from the Office of Management and Budget. See List of Office of Management and Budget (OMB) Approved Information Collection Requirements, 73 Fed. Reg. 57543 (Oct. 3, 2008) (establishing an expiration date of September 30, 2010 for FCC Forms 499-A and 499-Q, OMB control number 3060-0855). See 47 C.F.R � 54.708 (establishing a de minimis exception for contributors whose obligations are less than $10,000 in a given year); 47 C.F.R. � 54.706(b) (requiring that projected collected revenues are net of projected contributions). The circularity factor used to determine the estimation factor corresponds to the highest contribution factor for the year. 47 C.F.R. � 54.706(b). Proposed First Quarter 2009 Universal Service Contribution
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  • service. Interim Contribution Methodology Order, 21 FCC Rcd at 7537, para. 35; 47 C.F.R. � 254(d). Universal Service First Report and Order, 12 FCC Rcd at 9179, para. 787. For example, carriers are not required to contribute to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are also
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  • and electronic format, using electronic spreadsheets ("worksheets") designated by the FCC. The filing shall be accompanied by a Certification Form signed by an officer of the Filing Entity certifying the accuracy and completeness of the filed data. The Certification Form that must accompany every filing is provided in Appendix F. 8 Id. at 8-9. 9 Sections 52.17 (b), (c), and 54.708 of the Commission's rules, 47 C.F.R. � 52.17 (b), (c), � 54.708, require all telecommunications carriers in the United States, including interconnected VoIP providers, to file a Form 499-A. When a carrier files its first Form 499-A, the Commission's Data Collection Agent assigns the carrier a Filer 499 ID. See Form 499-A Instructions at 13. 10 47 C.F.R. � 43.62(a).
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  • paper and electronic format, using electronic spreadsheets ("worksheets") designated by the FCC. The filing shall be accompanied by a Certification Form signed by an officer of the Filing Entity certifying the accuracy and completeness of the filed data. The Certification Form that must accompany every filing is provided in Appendix F. 8Id. at 8-9. 9 Sections 52.17 (b), (c), and 54.708 of the Commission's rules, 47 C.F.R. �52.17 (b), (c), �54.708, require all telecommunications carriers in the United States, including interconnected VoIP providers, to file a Form 499-A. When a carrier files its first Form 499-A, the Commission's Data Collection Agent assigns the carrier a Filer 499 ID. See Form 499-A Instructions at 13. 10 47 C.F.R. � 43.62(a). 9551 Draft
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  • their obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 U.S.C. � 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. � 413; see also 47 C.F.R. �
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  • 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: 54.706(d) Contributions. 54.708 De minimis exemption. 54.711 Contributor reporting requirements. PART 61-TARIFFS Subpart A-GENERAL Brief Description: The Part 61 rules are designed to implement the provisions of sections 201, 202, 203, and 204 of the Communications Act of 1934, as amended, and ensure that rates are just, reasonable, and not unjustly or unreasonably discriminatory. These rules govern the filing, form, content, public notice
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  • at 1. 47 U.S.C.A. � 254(d). See 47 C.F.R. �� 54.706, 54.711, 54.713 (requiring all telecommunications carriers providing interstate telecommunications services and certain other providers of interstate telecommunications to file the annual Telecommunications Reporting Worksheet (FCC Form 499-A)); Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 28, 2011) (USAC 499 Filing Schedule). 47 C.F.R. � 54.708 (``If a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution or Telecommunications Worksheet for that year . . . .''). Id.; 47 C.F.R. � 52.17(b) (numbering administration); 47 C.F.R. � 52.32(b) (local number portability); 47 C.F.R. � 64.604(c)(5)(iii)(B) (telecommunications relay service). 47 C.F.R. � 1.3.
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  • 54.711(a). 47 C.F.R. � 54.702(b). Universal Service First Report and Order, 12 FCC Rcd at 9179, para. 787. The Commission's rules exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are
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  • Universal Service Administrative Company,) Tj 1 0 0 1 72.2 69.599 Tm 97 Tz (Schedule of Filings, at http ://www.universalservice. org/fund-adminitn 11 ioa'contributors/revenue-) Tj 1 0 0 1 72 58.099 Tm 100 Tz (reporting!schedule-filings.aspx \(last visited May 16, 2011\) \(USAC 499 liling Schedule\).) Tj 1 0 0 1 72.95 40.349 Tm 93 Tz /OPBaseFont1 11 Tf (' 47 CF.R. � 54.708.) Tj ET endstream endobj 20 0 obj 5248 endobj 15 0 obj << /Dest [ 14 0 R /XYZ 0 792 null ] /Next 23 0 R /Parent 4 0 R /Prev 5 0 R /Title (page 2) >> endobj 24 0 obj << /BitsPerComponent 1 /ColorSpace /DeviceGray /DecodeParms << /Columns 2550 /K -1 >> /Filter /CCITTFaxDecode /Height 3300 /Length
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  • pricing local services differently based on the category of customer. In particular, we seek comment on whether treating different customers differently would be consistent with the Commission's universal service, access, and other pro-competitive reforms. De Minimis Carriers We seek comment on the impact of these proposals on the current de minimis exemption to the universal service contribution requirement. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contribution is expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of the de minimis exemption, the Commission concluded that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts. To the extent that
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  • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
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    • the public switched telephone network.'' Downward adjustments to the data can be made within one year from the date of the original submission, If a contributor's contribution to universal service in any given year is less that $10,000, that contributor is considered a deminimis contributor and will not be required to file a Telecommunications Reporting Worksheet. See 47 C.F.R. � 54.708. See www.usac.org. See 47 C.F.R. �54.713. See 47 C.F.R. �54.712. Id. See FCC Report to Congress on Improper Payments, March 31, 2004. The Commission's USF rules were developed pursuant to Congresses' directives in 47 U.S.C. � 254 and include a series of rule makings and orders initiated in proceedings required in 47 U.S.C. � 254(a)(2). See Federal-State Joint Board on
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    • pricing local services differently based on the category of customer. In particular, we seek comment on whether treating different customers differently would be consistent with the Commission's universal service, access, and other pro-competitive reforms. De Minimis Carriers We seek comment on the impact of these proposals on the current de minimis exemption to the universal service contribution requirement. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contribution is expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of the de minimis exemption, the Commission concluded that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts. To the extent that
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    • interstate telecommunications to entities other than themselves for a fee on a private, contractual basis. In addition, owners of pay telephones, sometimes referred to as "pay telephone aggregators," must file this worksheet. The following three sections list types of telecommunications providers that are not required to file the Form 499-Q. 1. Universal service exception for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute directly to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000. 47 C.F.R. � 54.708. Thus, potential contributors whose contribution to the universal service support mechanisms would be de minimis under the universal service
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    • for the de minimis exemption under the Commission's universal service rules. The following three sections list types of telecommunications providers that are not required to file the Form 499-Q. Note that such entities are treated as end users by their underlying carriers and therefore may be subject to pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute directly to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000. Thus, potential contributors whose contribution to the universal service support mechanisms would be de minimis under the universal service rules are not required
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    • disparate treatment that could occur as a result of a contribution methodology based on the type of provider or service offering. We seek comment on this analysis. Section 254(d) provides the Commission authority to exempt carriers or classes of carriers if the carriers' telecommunications activities are limited to such an extent that their contribution would be de minimis. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contributions are expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of its decision to adopt the de minimis exemption, the Commission reasoned that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts.
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    • (1995)). WCA Petition at 5-8. See First Report and Order, 12 FCC Rcd at 9184, para. 796. See 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706(b), 54.706(c). See 47 U.S.C. � 254(d). See First Report and Order, 12 FCC Rcd at 9187, paras. 802-03. See Fourth Reconsideration Order, 13 FCC Rcd at 5482, paras. 297-98. See also 47 C.F.R. � 54.708. See Fourth Reconsideration Order, 13 FCC Rcd at 5482, para. 298. CTIA Petition at 4-6. Id. at 2-4. See Telecommunications Reporting Worksheet, FCC Form 499-A, Instructions for Completing the Worksheet for Filing Contributors to Telecommunications Relay Service, Universal Service, Number Administration, and Local Numbering Portability Support Mechanisms, at 22. However, carriers must have documented procedures to ensure that they report
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    • be de minimis. 47 U.S.C. � 254(d). The de minimis threshold is currently $10,000. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, � 297 (1997) (``Fourth Reconsideration Order''); 47 C.F.R. � 54.708. NECA is an association of incumbent local exchange carriers (``LECs'') established by the Commission to administer interstate access tariffs for companies that do not file separate tariffs and to collect and distribute access charge revenues for those companies. See 47 C.F.R. �� 69.601, 69.603. The NECA Board of Directors is ``prohibited from participating in the functions of the [universal service
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    • See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806-07, �� 125-28 (2002). The Commission has also set a de minimis threshold so that carriers are not required to contribute if their contributions for that year would be less than $10,000. See 47 C.F.R. � 54.708. For example, under our proposal, U.S. carriers would be able to impose charges on calls from Jamaica in an amount commensurate with the charges imposed by their foreign fixed correspondents. Commenters that wish confidential treatment of their submissions should request that their submission, or specific part thereof, be withheld from public inspection. 47 C.F.R. � 0.459 (2003). See Electronic Filing
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    • Globcom, 18 FCC Rcd at 19896, n. 22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to project or determine their approximate annual contribution based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are covered by the Commission's ``de minimis rule'' and are exempted from contributing to the USF. 47 C.F.R. � 54.708. As discussed in more detail below, BCE Nexxia's interstate revenues in 2004 and 2005 do not qualify for the de minimis exception. 47 C.F.R. � 54.713. See 47 C.F.R. � 64.1195(a). See Letter from Hugh Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, to BCE Nexxia dated March 30, 2004 (``March 30 Audit Letter''). See electronic mail response to
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    • 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 was a de minimis carrier in 2002, see 47 C.F.R. � 54.708, and therefore was not required to file quarterly Worksheets in 2002. See 47 U.S.C. �� 225(d)(3); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14
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    • are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, � 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. CSII has not qualified for the de minimis exemption since 2003. 47 C.F.R. � 54.713. 47 C.F.R. � 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). (last accessed on October 27, 2005). See 47 C.F.R. � 64.1195(a). See Letter from
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    • the Commission's rules by willfully and repeatedly failing to contribute to universal service support mechanisms on a timely basis on several occasions in 2004 and 2005. Section 54.706(c) of the Commission's rules unambiguously directs that ``entities [providing] interstate telecommunications to the public . . . for a fee . . . contribute to the universal service support programs.'' Although section 54.708 of the rules exempts de minimis carriers from contribution, Global Teldata's applicable revenue exceeded the threshold beginning in February 2004. As we previously have stated, [c]arrier nonpayment of universal service contributions undermines the efficiency and effectiveness of the universal service support mechanisms. Moreover, delinquent carriers may obtain a competitive advantage over carriers complying with the Act and our rules. We
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    • contribute to the universal service fund, unless its revenues are considered de minimis. Globcom NAL, 18 FCC Rcd at 19896, � 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. � 54.713. Id. � 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and
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    • if the contributions would be de minimis. 47 U.S.C. � 254(d). The de minimis threshold is currently $10,000. See Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, � 297 (1997) (``Fourth Reconsideration Order''); 47 C.F.R. � 54.708. Telecommunications carriers may pass the costs of these contributions along to consumers including through line-item fees on the consumers' monthly telephone bills. See 47 C.F.R. � 54.712. Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, Federal-State Joint Board on Universal Service, Schools and Libraries Universal Service Support Mechanism, Rural Health Care Support Mechanism, Lifeline and Link-Up, Changes to
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    • be made.'') See, e.g., ``Proposed Third Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 6527 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the dates shown on the invoice.'') See 47 C.F.R. � 54.706(b). Providers whose annual USF contribution would be less than $10,000 are considered de minimis and exempt from contributing to the USF. 47 C.F.R. � 54.708. USAC Comments at 71. USAC Comments at 68. . In addition, USAC's form letter regarding delinquencies advises that interest will be charged on the unpaid principal balance at the rate of nine percent per annum. See http://www.universalservice.org/_res/documents/fund-administration/pdf/P ayment%20Extension%20Plans/PP-Acknowledgement-letter-template-SOL.pdf. See 47 C.F.R. � 54.713. 31 U.S.C. � 3717. USAC Reply Comments at 12. USAC Comments at 69. USAC Reply Comments at
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    • imposition of a regulatory fee, see, e.g., 47 C.F.R � 1.1103, we encourage the filing of a request for waiver of any such fees. Where revenue is excluded as Call Home Act Revenue, such revenue is also excluded from consideration in evaluating qualification for both the de mimimis exemption and the limited international revenue exception (LIRE). 47 C.F.R. �� 54.706(c), 54.708. We have ample authority to change our decision to forbear as necessary to reflect changed circumstances or a decision on the proposals in the forthcoming Notice of Proposed Rulemaking. See, e.g., Petition for Forbearance of the Verizon Telephone Companies Pursuant to 47 U.S.C. � 160(c), WC Docket No. 01-338, Memorandum Opinion and Order, 19 FCC Rcd 21496, 21509 n.85 (2004)
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    • Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC Rcd 7518, 7548-49, para. 61 (2006). 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706(a), 54.711(a). Each such entity must contribute to the Universal Service Fund unless it qualifies for an exception, such as the de minimis exception. See, e.g., 47 C.F.R. � 54.708. This entity must still, however, comply with certain other registration, reporting and contribution obligations in connection with other Commission programs even if it qualifies for the de minimis exception for purposes of the Universal Service Fund in a given year. See, e.g., Wireline Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice,
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    • Second Order on Reconsideration, 15 FCC Rcd 15996, 16024, � 159 (2000). 47 C.F.R. � 54.711. Pursuant to the de minimis exception, contributors that owe less than $10,000 to the USF in any given year are not required to contribute to the fund or file Worksheets (annual or quarterly) for that year for purposes of the USF. 47 C.F.R. � 54.708. (See note 11, infra, on quarterly reporting.) Based on Global Teldata's reported revenue for 2003 as reported in its 2004 Form 499-A, it was a de minimis carrier in 2003. Even though the de minimis exception excuses carriers from the requirements for USF purposes, however, the rules still require carriers such as Global Teldata to file annual Worksheets for purposes
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    • de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n. 22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. Id. � 1.1910. The rule went into effect on November 1, 2004; see ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). See Telrite's 2006 FCC 499-A, Line 105, filed March 24, 2006. Letter from Michael G. Geoffroy, Corporate Counsel, Telrite Corporation, to Christopher Shields, Enforcement Bureau,
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    • Data Provided by LPSI to USAC At the time the Commission released the NAL, LPSI's projected collected revenue, as reported on LPSI's quarterly Worksheets, had indicated that LPSI owed USF contributions in 2006. On May 31, 2007, however, LPSI filed its 2007 annual Worksheet. Based on the historical revenue reported in LPSI's 2007 annual Worksheet, USAC determined that under section 54.708 of the Commission's rules, LPSI was a de minimis carrier and therefore exempt from USF contributions in 2006. Thus, USAC credited LPSI for the amounts that USAC invoiced LPSI for 2006 contributions. When calculating the total proposed forfeiture in the NAL, we assessed forfeitures of $20,000 per month for LPSI's failure to make monthly USF contributions between March 2005 and
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    • a safe harbor for interconnected VoIP providers). . 47 U.S.C. �� 254(b)(4), (d). Contributors will base their contributions on business service revenues in the same manner as they do currently. We make no change to the de minimis exemption or to the Limited International Revenue Exception (LIRE) for business contributions based on revenues. 47 U.S.C. � 254(d); 47 C.F.R. � 54.708; Fifth Circuit Remand Order, 15 FCC Rcd at 1687-88, para. 19; Contribution First FNPRM, 17 FCC Rcd at 3806-07, paras. 125-28. These exceptions do not apply to residential contributions based on numbers. See 47 U.S.C. � 254(d). Prepaid calling card providers, as well as any other current contributors who provide services to residential consumers but do not assign Assessable Numbers,
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    • See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19893, 19896 � 5 n. 22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for contributors to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered to be de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Since April 1, 2003, contributions have been based on a contributor's projected, rather than historical, revenues. Id. See also Interim Contribution Order, 17 FCC Rcd at 24969-74 �� 29-39. See 47 U.S.C. � 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the
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    • de minimis if it is required to contribute to the federal USF, but its contribution to the USF in a given year would be less than $10,000. Telecommunications providers that would be required to contribute to USF but meet the de minimis standard in a given year are not required to contribute to the USF that year. 47 C.F.R. � 54.708. De minimis telecommunications providers are not required to file the quarterly Telecommunications Reporting Worksheet, which is used to determine monthly universal service contribution amounts. See Wireless Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice, 22 FCC Rcd 1889, 1891 (Wireline Comp. Bur. 2007) (``De Minimis Public Notice''). Carriers who are de
  • 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
    • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. See Response of Globalcom, Inc. to the Enforcement Bureau's August 6, 2009 Letter of Inquiry, dated Sept. 22, 2009, at response to Question 2 (``LOI Response''). Id. at response to Question 4. See Press Release of First Communications, Inc., ``Welcome Letter from Ray Hexamer, Chief Executive Officer of First Communications,'' dated Oct. 1, 2008, available
  • 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
    • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. See Response of NTS Communications, Inc. to the Enforcement Bureau's July 31, 2009 Letter of Inquiry, dated August 31, 2009, at response to Questions 1 and 2 (``LOI Response''). Id. at response to Question 4(b). Id. at response to Question 4(c). Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division, Enforcement Bureau, FCC,
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    • that have different purposes); U S West Communications, Inc. v. FCC, 177 F.3d 1058, 1059-60 (D.C. Cir. 1999) (noting that the term ``provide'' used in different places in the Communications Act can be subject to different meanings depending on context). See 47 C.F.R. �� 1.47, 6.1, 6.3(e), 12.3, 43.11, 52.12, 52.13, 52.17, 52.21(h), 52.32, 52.33, 52.34, 52.35(e)(1), 52.36(d), 54.5, 54.706, 54.708, 63.60, 64.2003, 64.2005. 47 C.F.R. �� 1.1200 et seq. Pub. L. No. 107-198. 44 U.S.C. � 3506(c)(4). Location Accuracy FNPRM and NOI at Appendix. See 5 U.S.C. � 603. The RFA, see 5 U.S.C. � 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat.
  • 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
    • Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 � 5 n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheets include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. See also 47 C.F.R. � 54.708. 47 C.F.R. � 54.713. 47 U.S.C. � 214(a). 47 C.F.R. �� 63.12, 63.18. 47 C.F.R. � 63.24. For purposes of section 63.24 of the Commission's rules, ``an assignment of an authorization is a transaction in which the authorization is assigned from one entity to another entity. Following an assignment, the authorization is held by an entity other than the one
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.txt
    • for each failure to timely file a reporting worksheet for a total of $150,000 for three worksheets). (``Globcom NAL''); Roadrunner Transp., Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000); Liab. of E. Broad. Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37 (1967), Teletronics NAL, 20 FCC Rcd at 13298-99 �� 20-22. NAL Response at 2-3. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.708; Telecommunications Reporting Worksheet, FCC Revised Form 499-A (2006), Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 5, http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf (``2006 Telecommunications Reporting Worksheet Instructions''); Wireline Competition Bureau Reminds De Minimis Telecommunication Providers of Certain FCC Regulation, Reporting, and Contribution Requirements, Public
  • 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
    • Rcd at 7541, para. 44 (extending contribution obligations to interconnected VoIP service providers). Although the Commission has not addressed the regulatory classification of interconnected VoIP services under the Act, the Commission has concluded that interconnected VoIP providers are ``providers of interstate telecommunications'' for purposes of universal service. Id. at 7537, para. 35 (citing 47 U.S.C. � 254(d)). 47 C.F.R. � 54.708 (``If a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution . . . .''); 47 C.F.R. � 54.706(d) (``The following entities will not be required to contribute to universal service: non-profit health care providers; broadcasters; systems integrators that derive less than five percent of their
  • 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
    • pricing local services differently based on the category of customer. In particular, we seek comment on whether treating different customers differently would be consistent with the Commission's universal service, access, and other pro-competitive reforms. De Minimis Carriers We seek comment on the impact of these proposals on the current de minimis exemption to the universal service contribution requirement. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contribution is expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of the de minimis exemption, the Commission concluded that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts. To the extent that
  • http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.doc http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.pdf http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.txt
    • regulatory fees collected to fund the Commission's operations. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999), 64 FR 41320 (July 30, 1999)(Contributor Reporting Requirements Order). 47 CFR 54.708. However, these service providers may be subject to payment of regulatory fees under other categories, e.g. space stations. See 47 U.S.C. 159(h); see also para 29, infra. Motorola comments at p. 4. 47 CFR 1.1166 NPRM at footnote 18. Applicants for new, renewal and reinstatement licenses in the following services will be required to pay their regulatory fees in advance:
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    • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � - � � � � �� �� �� �| kd� D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
    • http://transition.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0102.doc http://transition.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0102.pdf
      • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � � � ' � � �� p� � �� kd(c) D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
      • http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
        • their obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 U.S.C. � 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. � 413; see also 47 C.F.R. �
      • http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
        • 54.706(b); Globcom, 18 FCC Rcd at 19896, n. 22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to project or determine their approximate annual contribution based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are covered by the Commission's ``de minimis rule'' and are exempted from contributing to the USF. 47 C.F.R. 54.708. As discussed in more detail below, BCE Nexxia's interstate revenues in 2004 and 2005 do not qualify for the de minimis exception. 14 47 C.F.R. 54.713. 15 See 47 C.F.R. 64.1195(a). 16 See Letter from Hugh Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, to BCE Nexxia dated March 30, 2004 (``March 30 Audit Letter''). 17 See electronic mail
      • http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
        • 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 499-A, it was a de minimis carrier in 2002, see 47 C.F.R. 54.708, and therefore was not required to file quarterly Worksheets in 2002. 10 See 47 U.S.C. 225(d)(3); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14
      • http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
        • its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. 54.708. CSII has not qualified for the de minimis exemption since 2003. 17 47 C.F.R. 54.713. 18 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 19 See Response to Data Requests/Request for Documents, EB-05-IH- 0189, at 4, dated March
      • http://transition.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
        • the Commission's rules by willfully and repeatedly failing to contribute to universal service support mechanisms on a timely basis on several occasions in 2004 and 2005.63 Section 54.706(c) of the Commission's rules unambiguously directs that ``entities [providing] interstate telecommunications to the public . . . for a fee . . . contribute to the universal service support programs.''64 Although section 54.708 of the rules exempts de minimis carriers from contribution, Global Teldata's applicable revenue exceeded the threshold beginning in February 2004.65 As we previously have stated, [c]arrier nonpayment of universal service contributions undermines the efficiency and effectiveness of the universal service support mechanisms. Moreover, delinquent carriers may obtain a competitive advantage over carriers complying with the Act and our rules. We
      • http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
        • contribute to the universal service fund, unless its revenues are considered de minimis. Globcom NAL, 18 FCC Rcd at 19896, P 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. S 54.713. Id. S 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and
      • http://transition.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
        • if the contributions would be de minimis. 47 U.S.C. S 254(d). The de minimis threshold is currently $10,000. See Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, P 297 (1997) ("Fourth Reconsideration Order"); 47 C.F.R. S 54.708. Telecommunications carriers may pass the costs of these contributions along to consumers including through line-item fees on the consumers' monthly telephone bills. See 47 C.F.R. S 54.712. Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, Federal-State Joint Board on Universal Service, Schools and Libraries Universal Service Support Mechanism, Rural Health Care Support Mechanism, Lifeline and Link-Up, Changes to
      • http://transition.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
        • Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC Rcd 7518, 7548-49, para. 61 (2006). 47 U.S.C. S 254(d); 47 C.F.R. SS 54.706(a), 54.711(a). Each such entity must contribute to the Universal Service Fund unless it qualifies for an exception, such as the de minimis exception. See, e.g., 47 C.F.R. S 54.708. This entity must still, however, comply with certain other registration, reporting and contribution obligations in connection with other Commission programs even if it qualifies for the de minimis exception for purposes of the Universal Service Fund in a given year. See, e.g., Wireline Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice,
      • http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
        • Second Order on Reconsideration, 15 FCC Rcd 15996, 16024, P 159 (2000). 47 C.F.R. S 54.711. Pursuant to the de minimis exception, contributors that owe less than $10,000 to the USF in any given year are not required to contribute to the fund or file Worksheets (annual or quarterly) for that year for purposes of the USF. 47 C.F.R. S 54.708. (See note 11, infra, on quarterly reporting.) Based on Global Teldata's reported revenue for 2003 as reported in its 2004 Form 499-A, it was a de minimis carrier in 2003. Even though the de minimis exception excuses carriers from the requirements for USF purposes, however, the rules still require carriers such as Global Teldata to file annual Worksheets for purposes
      • http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
        • de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n. 22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. Id. S: 1.1910. The rule went into effect on November 1, 2004; see "FCC Announces Brief Delay in Enforcement of Red Light Rule," Public Notice, 19 FCC Rcd 19452 (2004). See Telrite's 2006 FCC 499-A, Line 105, filed March 24, 2006. Letter from Michael G. Geoffroy, Corporate Counsel, Telrite Corporation, to Christopher Shields, Enforcement Bureau,
      • http://transition.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
        • Provided by LPSI to USAC 20. At the time the Commission released the NAL, LPSI's projected collected revenue, as reported on LPSI's quarterly Worksheets, had indicated that LPSI owed USF contributions in 2006. On May 31, 2007, however, LPSI filed its 2007 annual Worksheet. Based on the historical revenue reported in LPSI's 2007 annual Worksheet, USAC determined that under section 54.708 of the Commission's rules, LPSI was a de minimis carrier and therefore exempt from USF contributions in 2006. Thus, USAC credited LPSI for the amounts that USAC invoiced LPSI for 2006 contributions. 21. When calculating the total proposed forfeiture in the NAL, we assessed forfeitures of $20,000 per month for LPSI's failure to make monthly USF contributions between March 2005
      • http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
        • See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19893, 19896 P: 5 n. 22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for contributors to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered to be de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. 47 U.S.C. S: 254(d). 47 C.F.R. S: 54.706(b). Since April 1, 2003, contributions have been based on a contributor's projected, rather than historical, revenues. Id. See also Interim Contribution Order, 17 FCC Rcd at 24969-74 P:P: 29-39. See 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the
      • http://transition.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
        • de minimis if it is required to contribute to the federal USF, but its contribution to the USF in a given year would be less than $10,000. Telecommunications providers that would be required to contribute to USF but meet the de minimis standard in a given year are not required to contribute to the USF that year. 47 C.F.R. S: 54.708. De minimis telecommunications providers are not required to file the quarterly Telecommunications Reporting Worksheet, which is used to determine monthly universal service contribution amounts. See Wireless Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice, 22 FCC Rcd 1889, 1891 (Wireline Comp. Bur. 2007) ("De Minimis Public Notice"). Carriers who are de
      • http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
        • President of Operations/General Manager TransAria, Inc. 7330 Shedhorn Drive Bozeman, MT 59718 Re: File No. EB-08-IH-1161 Dear Mr. Tarbert: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.708, 54.711, 64.604 and 64.1195 of the Commission's rules, and failing to comply with section 9.5(e)(3), one of the Commission's rules relating to the provision of E911 capabilities to its customers. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated July 30, 2008,
      • http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
        • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n.22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. See Response of Globalcom, Inc. to the Enforcement Bureau's August 6, 2009 Letter of Inquiry, dated Sept. 22, 2009, at response to Question 2 ("LOI Response"). Id. at response to Question 4. See Press Release of First Communications, Inc., "Welcome Letter from Ray Hexamer, Chief Executive Officer of First Communications," dated Oct. 1, 2008, available
      • http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
        • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n.22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. See Response of NTS Communications, Inc. to the Enforcement Bureau's July 31, 2009 Letter of Inquiry, dated August 31, 2009, at response to Questions 1 and 2 ("LOI Response"). Id. at response to Question 4(b). Id. at response to Question 4(c). Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division, Enforcement Bureau, FCC,
      • http://transition.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
        • e.g., Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19903 (2003) ("Globcom NAL"); Roadrunner Transp., Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000); Liab. of E. Broad. Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37 (1967), Teletronics NAL, 20 FCC Rcd at 13298-99 P:P: 20-22. NAL Response at 2-3. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.708; Telecommunications Reporting Worksheet, FCC Revised Form 499-A (2006), Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 5, http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf ("2006 Telecommunications Reporting Worksheet Instructions"); Wireline Competition Bureau Reminds De Minimis Telecommunication Providers of Certain FCC Regulation, Reporting, and Contribution Requirements, Public
      • 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
        • pricing local services differently based on the category of customer. In particular, we seek comment on whether treating different customers differently would be consistent with the Commission's universal service, access, and other pro-competitive reforms. De Minimis Carriers We seek comment on the impact of these proposals on the current de minimis exemption to the universal service contribution requirement. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contribution is expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of the de minimis exemption, the Commission concluded that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts. To the extent that
      • http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99175.pdf
        • carrier-specific cost directly related to providing number portability. * * * * * PART 54 - UNIVERSAL SERVICE Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 54 continues to read as follows: AUTHORITY: 47 U.S.C. 1, 4(i), 201, 205, 214, and 254 unless otherwise noted. 2. Section 54.708 is amended to read as follows: � 54.708 De minimis exemption. If a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution or Telecommunications Reporting Worksheet for that year unless it is required to do so to by our rules governing Telecommunications Relay Service (47 C.F.R.
      • http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.txt
        • interstate telecommunications to entities other than themselves for a fee on a private, contractual basis. In addition, owners of pay telephones, sometimes referred to as "pay telephone aggregators," must file this worksheet. The following three sections list types of telecommunications providers that are not required to file the Form 499-Q. 1. Universal service exception for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute directly to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000. 47 C.F.R. � 54.708. Thus, potential contributors whose contribution to the universal service support mechanisms would be de minimis under the universal service
      • http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000471.pdf
        • Form 499-A. Note that some carriers and telecommunications service providers 3 Please note that this worksheet refers to "filers," "reporting entities," and "contributors" interchangeably, except where specifically distinguished. 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.703 (universal service), 64.604 (TRS). 5 47 U.S.C. � 413. See also 47 C.F.R. � 1.47. 6 47 C.F.R. � 54.708. Instructions to the Telecommunications Reporting Worksheet, Form 499A Instructions -- Page 5 are required to file this worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute
      • http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001735.doc
        • on September 1, 2000. Copies of the September 2000 Worksheet (FCC Form 499-S) and instructions may be downloaded from the Commission's Forms Web Page (www.fcc.gov/formpage.html). Copies also may be obtained by calling the fax-on-demand line at (202) 418-2830. Finally, copies may be obtained from the National Exchange Carrier Association (NECA) at (973) 560-4400. 47 C.F.R. � 54.711(a). 47 C.F.R. � 54.708. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order) (also adopting an April version of the worksheet that will be used to calculate contributions
      • http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/499s-pn.pdf
        • service support mechanisms, as well as other support and cost recovery mechanisms.3 Pursuant to the Contributor Reporting Requirements Order, all contributors to the universal service support mechanisms, except those that fall within the Commission's de minimis exemption, must file a streamlined version of the Telecommunications Reporting Worksheet (FCC Form 499-S) on September 1 of each year.4 1 47 C.F.R. � 54.708. 2 Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18424, para. 43, 18442, para. 80, Appendix C (1997) (Second Order on Reconsideration). 3 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements
      • http://www.fcc.gov/Bureaus/OMD/Notices/fcc00117.doc
        • contributions are separate and apart from regulatory fees collected to fund the Commission's operations. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-___, CC Docket No. 98-171 (rel. July 14, 1999)(Contributor Reporting Requirements Order). 47 CFR 54.708. However, these service providers may be subject to payment of regulatory fees under other categories, e.g. space stations. See 47 U.S.C. � 159(h); see also para 29, infra. Applicants for new, renewal and reinstatement licenses in the following services will be required to pay their regulatory fees in advance: Land Mobile Services, Microwave Services, Marine (Ship) Service, Marine (Coast) Service,
      • http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.doc http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.pdf http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.txt
        • regulatory fees collected to fund the Commission's operations. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999), 64 FR 41320 (July 30, 1999)(Contributor Reporting Requirements Order). 47 CFR 54.708. However, these service providers may be subject to payment of regulatory fees under other categories, e.g. space stations. See 47 U.S.C. 159(h); see also para 29, infra. Motorola comments at p. 4. 47 CFR 1.1166 NPRM at footnote 18. Applicants for new, renewal and reinstatement licenses in the following services will be required to pay their regulatory fees in advance:
      • http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0003.pdf
        • Kind of Costs Can be Deducted from Revenues that Appear on Form 499-A? None. The Common Carrier regulatory fee is based on interstate and international end-user revenues for local and most toll services. Other types of revenues included on the Form 499-A are excluded. Filers are not allowed to deduct any expenses from subject end-user revenues. 4 47 C.F.R. � 54.708. 12 Approved by OMB 3060-0949 FEDERAL COMMUNICATIONS COMMISSION INTERSTATE TELEPHONE SERVICE PROVIDER WORKSHEET Payer Name: Filer 499 ID (Form 499-A Line 101): Calendar 1999 revenue information (show amounts in whole dollars) 1 Service provided by U.S. carriers that both originates and terminates in foreign points. Form 499-A Line 412 (e) 2 Interstate end-user revenue from all telecommunications services. Form 499-A
      • http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0006.doc http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0006.pdf http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0006.txt
        • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � - � � � � �� �� �� �| kd� D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
        • http://www.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0102.doc http://www.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0102.pdf
          • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � � � ' � � �� p� � �� kd(c) D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
          • http://www.fcc.gov/Forms/Form499-A/499a-2000.pdf
            • Form 499-A. Note that some carriers and telecommunications service providers 3 Please note that this worksheet refers to "filers," "reporting entities," and "contributors" interchangeably, except where specifically distinguished. 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.703 (universal service), 64.604 (TRS). 5 47 U.S.C. � 413. See also 47 C.F.R. � 1.47. 6 47 C.F.R. � 54.708. Instructions to the Telecommunications Reporting Worksheet, Form 499A Instructions --Page 5 are required to file this worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to
          • http://www.fcc.gov/Forms/Form499-A/499a-2001.pdf
            • file this worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. 1. Universal service exception for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this worksheet if their contribution to the
          • http://www.fcc.gov/Forms/Form499-A/499a-2002.pdf
            • file this worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. 1. Universal service exception for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this worksheet if their contribution to the
          • http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf
            • file this Worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non- common carrier basis need not file this Worksheet if their contribution to
          • http://www.fcc.gov/Forms/Form499-A/499a-2004.pdf
            • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non- common carrier basis need not file this Worksheet if their contribution to
          • http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
            • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
          • http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
            • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
          • http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
            • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
          • http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
            • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.13 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
          • http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
            • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.13 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
          • http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
            • with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to (continued . . .) 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 U.S.C. � 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. � 413; see also 47 C.F.R. �
          • http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
            • their obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 U.S.C. � 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. � 413; see also 47 C.F.R. �
          • http://www.fcc.gov/Forms/Form499-Q/499q.pdf
            • underlying carrier revenues. A reseller is not a marketing agent. The following three sections list types of telecommunications providers that are not required to file the FCC Form 499-Q. Note that such entities are treated as end users by their underlying carriers and therefore may be subject to pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute directly to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.8 Thus, potential contributors whose contribution to the universal service support mechanisms would be de minimis under the universal service rules are not required
          • http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
            • 54.706(b); Globcom, 18 FCC Rcd at 19896, n. 22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to project or determine their approximate annual contribution based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are covered by the Commission's ``de minimis rule'' and are exempted from contributing to the USF. 47 C.F.R. 54.708. As discussed in more detail below, BCE Nexxia's interstate revenues in 2004 and 2005 do not qualify for the de minimis exception. 14 47 C.F.R. 54.713. 15 See 47 C.F.R. 64.1195(a). 16 See Letter from Hugh Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, to BCE Nexxia dated March 30, 2004 (``March 30 Audit Letter''). 17 See electronic mail
          • http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
            • 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 499-A, it was a de minimis carrier in 2002, see 47 C.F.R. 54.708, and therefore was not required to file quarterly Worksheets in 2002. 10 See 47 U.S.C. 225(d)(3); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14
          • http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
            • its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. 54.708. CSII has not qualified for the de minimis exemption since 2003. 17 47 C.F.R. 54.713. 18 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 19 See Response to Data Requests/Request for Documents, EB-05-IH- 0189, at 4, dated March
          • http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
            • the Commission's rules by willfully and repeatedly failing to contribute to universal service support mechanisms on a timely basis on several occasions in 2004 and 2005.63 Section 54.706(c) of the Commission's rules unambiguously directs that ``entities [providing] interstate telecommunications to the public . . . for a fee . . . contribute to the universal service support programs.''64 Although section 54.708 of the rules exempts de minimis carriers from contribution, Global Teldata's applicable revenue exceeded the threshold beginning in February 2004.65 As we previously have stated, [c]arrier nonpayment of universal service contributions undermines the efficiency and effectiveness of the universal service support mechanisms. Moreover, delinquent carriers may obtain a competitive advantage over carriers complying with the Act and our rules. We
          • http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
            • contribute to the universal service fund, unless its revenues are considered de minimis. Globcom NAL, 18 FCC Rcd at 19896, P 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. S 54.713. Id. S 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and
          • http://www.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
            • if the contributions would be de minimis. 47 U.S.C. S 254(d). The de minimis threshold is currently $10,000. See Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, P 297 (1997) ("Fourth Reconsideration Order"); 47 C.F.R. S 54.708. Telecommunications carriers may pass the costs of these contributions along to consumers including through line-item fees on the consumers' monthly telephone bills. See 47 C.F.R. S 54.712. Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, Federal-State Joint Board on Universal Service, Schools and Libraries Universal Service Support Mechanism, Rural Health Care Support Mechanism, Lifeline and Link-Up, Changes to
          • http://www.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
            • Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC Rcd 7518, 7548-49, para. 61 (2006). 47 U.S.C. S 254(d); 47 C.F.R. SS 54.706(a), 54.711(a). Each such entity must contribute to the Universal Service Fund unless it qualifies for an exception, such as the de minimis exception. See, e.g., 47 C.F.R. S 54.708. This entity must still, however, comply with certain other registration, reporting and contribution obligations in connection with other Commission programs even if it qualifies for the de minimis exception for purposes of the Universal Service Fund in a given year. See, e.g., Wireline Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice,
          • http://www.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
            • Second Order on Reconsideration, 15 FCC Rcd 15996, 16024, P 159 (2000). 47 C.F.R. S 54.711. Pursuant to the de minimis exception, contributors that owe less than $10,000 to the USF in any given year are not required to contribute to the fund or file Worksheets (annual or quarterly) for that year for purposes of the USF. 47 C.F.R. S 54.708. (See note 11, infra, on quarterly reporting.) Based on Global Teldata's reported revenue for 2003 as reported in its 2004 Form 499-A, it was a de minimis carrier in 2003. Even though the de minimis exception excuses carriers from the requirements for USF purposes, however, the rules still require carriers such as Global Teldata to file annual Worksheets for purposes
          • http://www.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
            • de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n. 22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. Id. S: 1.1910. The rule went into effect on November 1, 2004; see "FCC Announces Brief Delay in Enforcement of Red Light Rule," Public Notice, 19 FCC Rcd 19452 (2004). See Telrite's 2006 FCC 499-A, Line 105, filed March 24, 2006. Letter from Michael G. Geoffroy, Corporate Counsel, Telrite Corporation, to Christopher Shields, Enforcement Bureau,
          • http://www.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
            • Provided by LPSI to USAC 20. At the time the Commission released the NAL, LPSI's projected collected revenue, as reported on LPSI's quarterly Worksheets, had indicated that LPSI owed USF contributions in 2006. On May 31, 2007, however, LPSI filed its 2007 annual Worksheet. Based on the historical revenue reported in LPSI's 2007 annual Worksheet, USAC determined that under section 54.708 of the Commission's rules, LPSI was a de minimis carrier and therefore exempt from USF contributions in 2006. Thus, USAC credited LPSI for the amounts that USAC invoiced LPSI for 2006 contributions. 21. When calculating the total proposed forfeiture in the NAL, we assessed forfeitures of $20,000 per month for LPSI's failure to make monthly USF contributions between March 2005
          • http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
            • See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19893, 19896 P: 5 n. 22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for contributors to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered to be de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. 47 U.S.C. S: 254(d). 47 C.F.R. S: 54.706(b). Since April 1, 2003, contributions have been based on a contributor's projected, rather than historical, revenues. Id. See also Interim Contribution Order, 17 FCC Rcd at 24969-74 P:P: 29-39. See 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the
          • http://www.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
            • de minimis if it is required to contribute to the federal USF, but its contribution to the USF in a given year would be less than $10,000. Telecommunications providers that would be required to contribute to USF but meet the de minimis standard in a given year are not required to contribute to the USF that year. 47 C.F.R. S: 54.708. De minimis telecommunications providers are not required to file the quarterly Telecommunications Reporting Worksheet, which is used to determine monthly universal service contribution amounts. See Wireless Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice, 22 FCC Rcd 1889, 1891 (Wireline Comp. Bur. 2007) ("De Minimis Public Notice"). Carriers who are de
          • http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
            • President of Operations/General Manager TransAria, Inc. 7330 Shedhorn Drive Bozeman, MT 59718 Re: File No. EB-08-IH-1161 Dear Mr. Tarbert: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.708, 54.711, 64.604 and 64.1195 of the Commission's rules, and failing to comply with section 9.5(e)(3), one of the Commission's rules relating to the provision of E911 capabilities to its customers. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated July 30, 2008,
          • http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
            • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n.22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. See Response of Globalcom, Inc. to the Enforcement Bureau's August 6, 2009 Letter of Inquiry, dated Sept. 22, 2009, at response to Question 2 ("LOI Response"). Id. at response to Question 4. See Press Release of First Communications, Inc., "Welcome Letter from Ray Hexamer, Chief Executive Officer of First Communications," dated Oct. 1, 2008, available
          • http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
            • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n.22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. See Response of NTS Communications, Inc. to the Enforcement Bureau's July 31, 2009 Letter of Inquiry, dated August 31, 2009, at response to Questions 1 and 2 ("LOI Response"). Id. at response to Question 4(b). Id. at response to Question 4(c). Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division, Enforcement Bureau, FCC,
          • http://www.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
            • e.g., Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19903 (2003) ("Globcom NAL"); Roadrunner Transp., Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000); Liab. of E. Broad. Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37 (1967), Teletronics NAL, 20 FCC Rcd at 13298-99 P:P: 20-22. NAL Response at 2-3. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.708; Telecommunications Reporting Worksheet, FCC Revised Form 499-A (2006), Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 5, http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf ("2006 Telecommunications Reporting Worksheet Instructions"); Wireline Competition Bureau Reminds De Minimis Telecommunication Providers of Certain FCC Regulation, Reporting, and Contribution Requirements, Public
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.pdf
            • Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC Rcd 7518, 7548-49, para. 61 (2006). 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706(a), 54.711(a). Each such entity must contribute to the Universal Service Fund unless it qualifies for an exception, such as the de minimis exception. See, e.g., 47 C.F.R. � 54.708. This entity must still, however, comply with certain other registration, reporting and contribution obligations in connection with other Commission programs even if it qualifies for the de minimis exception for purposes of the Universal Service Fund in a given year. See, e.g., Wireline Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice,
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-59A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-59A1.pdf
            • Second Order on Reconsideration, 15 FCC Rcd 15996, 16024, � 159 (2000). 47 C.F.R. � 54.711. Pursuant to the de minimis exception, contributors that owe less than $10,000 to the USF in any given year are not required to contribute to the fund or file Worksheets (annual or quarterly) for that year for purposes of the USF. 47 C.F.R. � 54.708. (See note 11, infra, on quarterly reporting.) Based on Global Teldata's reported revenue for 2003 as reported in its 2004 Form 499-A, it was a de minimis carrier in 2003. Even though the de minimis exception excuses carriers from the requirements for USF purposes, however, the rules still require carriers such as Global Teldata to file annual Worksheets for purposes
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.pdf
            • de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n. 22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. Id. � 1.1910. The rule went into effect on November 1, 2004; see ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). See Telrite's 2006 FCC 499-A, Line 105, filed March 24, 2006. Letter from Michael G. Geoffroy, Corporate Counsel, Telrite Corporation, to Christopher Shields, Enforcement Bureau,
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-130A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-130A1.pdf
            • Data Provided by LPSI to USAC At the time the Commission released the NAL, LPSI's projected collected revenue, as reported on LPSI's quarterly Worksheets, had indicated that LPSI owed USF contributions in 2006. On May 31, 2007, however, LPSI filed its 2007 annual Worksheet. Based on the historical revenue reported in LPSI's 2007 annual Worksheet, USAC determined that under section 54.708 of the Commission's rules, LPSI was a de minimis carrier and therefore exempt from USF contributions in 2006. Thus, USAC credited LPSI for the amounts that USAC invoiced LPSI for 2006 contributions. When calculating the total proposed forfeiture in the NAL, we assessed forfeitures of $20,000 per month for LPSI's failure to make monthly USF contributions between March 2005 and
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.pdf
            • See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19893, 19896 � 5 n. 22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for contributors to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered to be de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Since April 1, 2003, contributions have been based on a contributor's projected, rather than historical, revenues. Id. See also Interim Contribution Order, 17 FCC Rcd at 24969-74 �� 29-39. See 47 U.S.C. � 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.pdf
            • de minimis if it is required to contribute to the federal USF, but its contribution to the USF in a given year would be less than $10,000. Telecommunications providers that would be required to contribute to USF but meet the de minimis standard in a given year are not required to contribute to the USF that year. 47 C.F.R. � 54.708. De minimis telecommunications providers are not required to file the quarterly Telecommunications Reporting Worksheet, which is used to determine monthly universal service contribution amounts. See Wireless Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice, 22 FCC Rcd 1889, 1891 (Wireline Comp. Bur. 2007) (``De Minimis Public Notice''). Carriers who are de
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.pdf
            • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. See Response of Globalcom, Inc. to the Enforcement Bureau's August 6, 2009 Letter of Inquiry, dated Sept. 22, 2009, at response to Question 2 (``LOI Response''). Id. at response to Question 4. See Press Release of First Communications, Inc., ``Welcome Letter from Ray Hexamer, Chief Executive Officer of First Communications,'' dated Oct. 1, 2008, available
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.pdf
            • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. See Response of NTS Communications, Inc. to the Enforcement Bureau's July 31, 2009 Letter of Inquiry, dated August 31, 2009, at response to Questions 1 and 2 (``LOI Response''). Id. at response to Question 4(b). Id. at response to Question 4(c). Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division, Enforcement Bureau, FCC,
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.pdf
            • for each failure to timely file a reporting worksheet for a total of $150,000 for three worksheets). (``Globcom NAL''); Roadrunner Transp., Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000); Liab. of E. Broad. Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37 (1967), Teletronics NAL, 20 FCC Rcd at 13298-99 �� 20-22. NAL Response at 2-3. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.708; Telecommunications Reporting Worksheet, FCC Revised Form 499-A (2006), Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 5, http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf (``2006 Telecommunications Reporting Worksheet Instructions''); Wireline Competition Bureau Reminds De Minimis Telecommunication Providers of Certain FCC Regulation, Reporting, and Contribution Requirements, Public
          • http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.pdf
            • Theobald E-mail; Fifth Theobald E-mail; USAC Invoices to Telseven, Invoice Nos. UBDI0000274287 (statement date Oct. 22, 2007), UBDI0000279222 (statement date Nov. 22, 2007). See Telseven's Form 499-Q for Projected Third Quarter Revenues 2009 (received by USAC Apr. 24, 2009); Telseven's Form 499-Q for Projected Fourth Quarter Revenues 2009) (received by USAC Jul. 23, 2009); see also Fourth Theobald E-mail. Section 54.708 of the Commission's rules provides, in pertinent part, that if ``a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution . . . .'' 47 C.F.R. � 54.708. See Telseven 2009 Form 499-A Telecommunications Reporting Worksheet (reporting actual revenues for calendar year 2009) (received by USAC
          • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3474A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3474A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-3474A1.txt
            • U.S.C. � 254. See 47 C.F.R. � 54.709(a). See Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 8 (Form 499-A Instructions); see also Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms at 8 (Form 499-Q Instructions). 47 C.F.R. � 54.708. 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, 5753, n.22 (2001) (Form 499-Q Order); see also Form 499-A Instructions at 9; Form 499-Q Instructions at 9. See Form 499-Q Order, 16 FCC Rcd at 5752-5753, para. 12. (setting forth the Form 499 filing requirements for
          • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3669A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3669A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3669A1.txt
            • in the Contribution Methodology Order and NPRM for contributors to report projected revenues in the Form 499-Q became effective January 29, 2003. See 67 Fed. Reg. 79525 (2002). 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, 5752 (2001) (Form 499-Q Order). See 47 C.F.R. � 54.708; 499-A Instructions at 5. As explained below, the Worksheet also collects information for assessing regulatory fees and for contributions to interstate telecommunications relay services, administration of the North American Numbering Plan, and shared costs of local number portability administration. See infra para. 8. See also 499-A Instructions at 3. See Form 499-Q Instructions at 9. See Form 499-Q Order, 16
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            • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non- common carrier basis need not file this Worksheet if their contribution to
          • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1263A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1263A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1263A1.txt
            • Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006). Id.; see also 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. Id. at 9207, para. 846. Id. 47 C.F.R. � 54.708. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). 47 C.F.R. � 54.706(d). Id. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue
          • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1306A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1306A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-1306A1.txt
            • and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected Voice over internet protocol providers to contribute to the Fund because they are providers of interstate telecommunications). Id.; see also 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. Id. at 9207, para. 846. Id. 47 C.F.R. � 54.708. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). 47 C.F.R. � 54.706(d). Id. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the Federal Register). Contributors report historical revenue
          • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-469A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-469A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-469A1.txt
            • contact Melissa Kirkel, Wireline Competition Bureau, (202) 418-7958. Press inquiries should be directed to Mark Wigfield, Wireline Competition Bureau, (202) 418-0253. - FCC - This Public Notice is not intended to address all of the requirements that may apply to certain telecommunications providers, such as application and licensing requirements or the requirement to pay regulatory fees. See 47 C.F.R. � 54.708. In this Public Notice, the term ``telecommunications providers'' includes ``telecommunications carriers'' as well as certain other providers of ``telecommunications,'' such as payphone providers that are aggregators, providers of interstate telecommunications for a fee on a non-common carrier basis, and interconnected Voice over Internet Protocol (VoIP) providers. See 47 C.F.R. � 54.706. The terms ``telecommunications carrier'' and ``telecommunications'' are defined in
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            • Cir. 1999), cert. denied, 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000). The Act and the Commission's rules exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. See 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. See Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999); Federal-State Joint Board on Universal Service, Access Charge Reform, Universal Service
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            • 499. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, CC Docket No. 98-171, Report and Order, 14 FCC Rcd 16602 (1999). Contributors currently are required to file this information quarterly and annually. 47 C.F.R. � 54.711(a). See 47 C.F.R. � 54.708. Section 254(d) of the Communications Act of 1934, as amended (the Act) states that the Commission may exempt a carrier or class of carriers from contributing to the universal service mechanisms if the ``carrier's contribution to the preservation and advancement of universal service would be de minimis.'' 47 U.S.C. � 254(d). Section 254 of the Act was added by the
          • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1307A1.txt
            • 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 DECISIONS ISSUED BY THE ADMINISTRATOR Brief Description: These rules specify the requirements regarding review of decisions issued by the Universal Service Administrative Company. These rules establish the filing requirements, review process, and the treatment
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            • First Report and Order) (subsequent history omitted). See 47 C.F.R. � 54.611. Id. 47 C.F.R. � 54.611(b). 47 C.F.R. � 54.611(c). See 47 C.F.R. � 54.711(b); see also 47 C.F.R. � 54.709 (setting dates for contributor filings and determining the contribution factor). See 47 C.F.R. � 54.611(d). 47 C.F.R. � 54.611(d). See Request for Waiver at 2. Id. Id. Section 54.708 of the Commission's rules state that if a contributor's universal service contribution obligation in any given year is less than $10,000, that contributor is not required to contribute directly to the universal service fund. 47 C.F.R. � 54.708. Request for Waiver at 2. Id. See supra, para. 3. 47 C.F.R. � 54.611. See Request for Waiver at 2. Id. at
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            • Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. The Act and the Commission's rules do, however, exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are
          • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1121A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1121A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1121A1.txt
            • and possessions. 47 U.S.C. � 153(40). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776 (1997) (Universal Service First Report and Order) (subsequent history omitted); 47 C.F.R. �� 54.601-54.625. Universal Service First Report and Order, 12 FCC Rcd at 9093-9094, para. 610. See 47 C.F.R. � 54.611. Id. 47 C.F.R. � 54.708. 47 C.F.R. � 54.611(b). 47 C.F.R. � 54.611(c). See 47 C.F.R. � 54.611(b); see also 47 C.F.R. � 54.709 (setting dates for contributor filings and determining the contribution factor). See 47 C.F.R. � 54.611(d). See E-mail from Michele Garber, USAC, to Erica Myers, FCC (dated Jun. 7, 2010). USAC explains that it reviews invoices of companies that have a credit
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            • See 47 C.F.R. � 54.706(a). Universal Service First Report and Order, 12 FCC Rcd at 9179, para. 787. The Commission's rules exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are
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            • The information collections included in the forms have received prior approval from the Office of Management and Budget. See List of Office of Management and Budget (OMB) Approved Information Collection Requirements, 73 Fed. Reg. 57543 (Oct. 3, 2008) (establishing an expiration date of September 30, 2010 for FCC Forms 499-A and 499-Q, OMB control number 3060-0855). See 47 C.F.R � 54.708 (establishing a de minimis exception for contributors whose obligations are less than $10,000 in a given year); 47 C.F.R. � 54.706(b) (requiring that projected collected revenues are net of projected contributions). The circularity factor used to determine the estimation factor corresponds to the highest contribution factor for the year. 47 C.F.R. � 54.706(b). Proposed First Quarter 2009 Universal Service Contribution
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            • service. Interim Contribution Methodology Order, 21 FCC Rcd at 7537, para. 35; 47 C.F.R. � 254(d). Universal Service First Report and Order, 12 FCC Rcd at 9179, para. 787. For example, carriers are not required to contribute to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are also
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            • and electronic format, using electronic spreadsheets ("worksheets") designated by the FCC. The filing shall be accompanied by a Certification Form signed by an officer of the Filing Entity certifying the accuracy and completeness of the filed data. The Certification Form that must accompany every filing is provided in Appendix F. 8 Id. at 8-9. 9 Sections 52.17 (b), (c), and 54.708 of the Commission's rules, 47 C.F.R. � 52.17 (b), (c), � 54.708, require all telecommunications carriers in the United States, including interconnected VoIP providers, to file a Form 499-A. When a carrier files its first Form 499-A, the Commission's Data Collection Agent assigns the carrier a Filer 499 ID. See Form 499-A Instructions at 13. 10 47 C.F.R. � 43.62(a).
          • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1182A2_Rcd.pdf
            • paper and electronic format, using electronic spreadsheets ("worksheets") designated by the FCC. The filing shall be accompanied by a Certification Form signed by an officer of the Filing Entity certifying the accuracy and completeness of the filed data. The Certification Form that must accompany every filing is provided in Appendix F. 8Id. at 8-9. 9 Sections 52.17 (b), (c), and 54.708 of the Commission's rules, 47 C.F.R. �52.17 (b), (c), �54.708, require all telecommunications carriers in the United States, including interconnected VoIP providers, to file a Form 499-A. When a carrier files its first Form 499-A, the Commission's Data Collection Agent assigns the carrier a Filer 499 ID. See Form 499-A Instructions at 13. 10 47 C.F.R. � 43.62(a). 9551 Draft
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            • their obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 U.S.C. � 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. � 413; see also 47 C.F.R. �
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            • 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: 54.706(d) Contributions. 54.708 De minimis exemption. 54.711 Contributor reporting requirements. PART 61-TARIFFS Subpart A-GENERAL Brief Description: The Part 61 rules are designed to implement the provisions of sections 201, 202, 203, and 204 of the Communications Act of 1934, as amended, and ensure that rates are just, reasonable, and not unjustly or unreasonably discriminatory. These rules govern the filing, form, content, public notice
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            • at 1. 47 U.S.C.A. � 254(d). See 47 C.F.R. �� 54.706, 54.711, 54.713 (requiring all telecommunications carriers providing interstate telecommunications services and certain other providers of interstate telecommunications to file the annual Telecommunications Reporting Worksheet (FCC Form 499-A)); Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 28, 2011) (USAC 499 Filing Schedule). 47 C.F.R. � 54.708 (``If a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution or Telecommunications Worksheet for that year . . . .''). Id.; 47 C.F.R. � 52.17(b) (numbering administration); 47 C.F.R. � 52.32(b) (local number portability); 47 C.F.R. � 64.604(c)(5)(iii)(B) (telecommunications relay service). 47 C.F.R. � 1.3.
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            • 54.711(a). 47 C.F.R. � 54.702(b). Universal Service First Report and Order, 12 FCC Rcd at 9179, para. 787. The Commission's rules exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. � 54.708. Likewise, carriers with purely intrastate or international revenues are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are
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            • Universal Service Administrative Company,) Tj 1 0 0 1 72.2 69.599 Tm 97 Tz (Schedule of Filings, at http ://www.universalservice. org/fund-adminitn 11 ioa'contributors/revenue-) Tj 1 0 0 1 72 58.099 Tm 100 Tz (reporting!schedule-filings.aspx \(last visited May 16, 2011\) \(USAC 499 liling Schedule\).) Tj 1 0 0 1 72.95 40.349 Tm 93 Tz /OPBaseFont1 11 Tf (' 47 CF.R. � 54.708.) Tj ET endstream endobj 20 0 obj 5248 endobj 15 0 obj << /Dest [ 14 0 R /XYZ 0 792 null ] /Next 23 0 R /Parent 4 0 R /Prev 5 0 R /Title (page 2) >> endobj 24 0 obj << /BitsPerComponent 1 /ColorSpace /DeviceGray /DecodeParms << /Columns 2550 /K -1 >> /Filter /CCITTFaxDecode /Height 3300 /Length
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            • pricing local services differently based on the category of customer. In particular, we seek comment on whether treating different customers differently would be consistent with the Commission's universal service, access, and other pro-competitive reforms. De Minimis Carriers We seek comment on the impact of these proposals on the current de minimis exemption to the universal service contribution requirement. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contribution is expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of the de minimis exemption, the Commission concluded that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts. To the extent that
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            • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
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              • the public switched telephone network.'' Downward adjustments to the data can be made within one year from the date of the original submission, If a contributor's contribution to universal service in any given year is less that $10,000, that contributor is considered a deminimis contributor and will not be required to file a Telecommunications Reporting Worksheet. See 47 C.F.R. � 54.708. See www.usac.org. See 47 C.F.R. �54.713. See 47 C.F.R. �54.712. Id. See FCC Report to Congress on Improper Payments, March 31, 2004. The Commission's USF rules were developed pursuant to Congresses' directives in 47 U.S.C. � 254 and include a series of rule makings and orders initiated in proceedings required in 47 U.S.C. � 254(a)(2). See Federal-State Joint Board on
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              • pricing local services differently based on the category of customer. In particular, we seek comment on whether treating different customers differently would be consistent with the Commission's universal service, access, and other pro-competitive reforms. De Minimis Carriers We seek comment on the impact of these proposals on the current de minimis exemption to the universal service contribution requirement. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contribution is expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of the de minimis exemption, the Commission concluded that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts. To the extent that
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              • interstate telecommunications to entities other than themselves for a fee on a private, contractual basis. In addition, owners of pay telephones, sometimes referred to as "pay telephone aggregators," must file this worksheet. The following three sections list types of telecommunications providers that are not required to file the Form 499-Q. 1. Universal service exception for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute directly to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000. 47 C.F.R. � 54.708. Thus, potential contributors whose contribution to the universal service support mechanisms would be de minimis under the universal service
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              • for the de minimis exemption under the Commission's universal service rules. The following three sections list types of telecommunications providers that are not required to file the Form 499-Q. Note that such entities are treated as end users by their underlying carriers and therefore may be subject to pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute directly to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000. Thus, potential contributors whose contribution to the universal service support mechanisms would be de minimis under the universal service rules are not required
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              • disparate treatment that could occur as a result of a contribution methodology based on the type of provider or service offering. We seek comment on this analysis. Section 254(d) provides the Commission authority to exempt carriers or classes of carriers if the carriers' telecommunications activities are limited to such an extent that their contribution would be de minimis. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contributions are expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of its decision to adopt the de minimis exemption, the Commission reasoned that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts.
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              • (1995)). WCA Petition at 5-8. See First Report and Order, 12 FCC Rcd at 9184, para. 796. See 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706(b), 54.706(c). See 47 U.S.C. � 254(d). See First Report and Order, 12 FCC Rcd at 9187, paras. 802-03. See Fourth Reconsideration Order, 13 FCC Rcd at 5482, paras. 297-98. See also 47 C.F.R. � 54.708. See Fourth Reconsideration Order, 13 FCC Rcd at 5482, para. 298. CTIA Petition at 4-6. Id. at 2-4. See Telecommunications Reporting Worksheet, FCC Form 499-A, Instructions for Completing the Worksheet for Filing Contributors to Telecommunications Relay Service, Universal Service, Number Administration, and Local Numbering Portability Support Mechanisms, at 22. However, carriers must have documented procedures to ensure that they report
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              • be de minimis. 47 U.S.C. � 254(d). The de minimis threshold is currently $10,000. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, � 297 (1997) (``Fourth Reconsideration Order''); 47 C.F.R. � 54.708. NECA is an association of incumbent local exchange carriers (``LECs'') established by the Commission to administer interstate access tariffs for companies that do not file separate tariffs and to collect and distribute access charge revenues for those companies. See 47 C.F.R. �� 69.601, 69.603. The NECA Board of Directors is ``prohibited from participating in the functions of the [universal service
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              • See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806-07, �� 125-28 (2002). The Commission has also set a de minimis threshold so that carriers are not required to contribute if their contributions for that year would be less than $10,000. See 47 C.F.R. � 54.708. For example, under our proposal, U.S. carriers would be able to impose charges on calls from Jamaica in an amount commensurate with the charges imposed by their foreign fixed correspondents. Commenters that wish confidential treatment of their submissions should request that their submission, or specific part thereof, be withheld from public inspection. 47 C.F.R. � 0.459 (2003). See Electronic Filing
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              • Globcom, 18 FCC Rcd at 19896, n. 22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to project or determine their approximate annual contribution based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are covered by the Commission's ``de minimis rule'' and are exempted from contributing to the USF. 47 C.F.R. � 54.708. As discussed in more detail below, BCE Nexxia's interstate revenues in 2004 and 2005 do not qualify for the de minimis exception. 47 C.F.R. � 54.713. See 47 C.F.R. � 64.1195(a). See Letter from Hugh Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, to BCE Nexxia dated March 30, 2004 (``March 30 Audit Letter''). See electronic mail response to
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              • 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 was a de minimis carrier in 2002, see 47 C.F.R. � 54.708, and therefore was not required to file quarterly Worksheets in 2002. See 47 U.S.C. �� 225(d)(3); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14
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              • are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, � 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. CSII has not qualified for the de minimis exemption since 2003. 47 C.F.R. � 54.713. 47 C.F.R. � 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). (last accessed on October 27, 2005). See 47 C.F.R. � 64.1195(a). See Letter from
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              • the Commission's rules by willfully and repeatedly failing to contribute to universal service support mechanisms on a timely basis on several occasions in 2004 and 2005. Section 54.706(c) of the Commission's rules unambiguously directs that ``entities [providing] interstate telecommunications to the public . . . for a fee . . . contribute to the universal service support programs.'' Although section 54.708 of the rules exempts de minimis carriers from contribution, Global Teldata's applicable revenue exceeded the threshold beginning in February 2004. As we previously have stated, [c]arrier nonpayment of universal service contributions undermines the efficiency and effectiveness of the universal service support mechanisms. Moreover, delinquent carriers may obtain a competitive advantage over carriers complying with the Act and our rules. We
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              • contribute to the universal service fund, unless its revenues are considered de minimis. Globcom NAL, 18 FCC Rcd at 19896, � 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. � 54.713. Id. � 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and
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              • if the contributions would be de minimis. 47 U.S.C. � 254(d). The de minimis threshold is currently $10,000. See Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, � 297 (1997) (``Fourth Reconsideration Order''); 47 C.F.R. � 54.708. Telecommunications carriers may pass the costs of these contributions along to consumers including through line-item fees on the consumers' monthly telephone bills. See 47 C.F.R. � 54.712. Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, Federal-State Joint Board on Universal Service, Schools and Libraries Universal Service Support Mechanism, Rural Health Care Support Mechanism, Lifeline and Link-Up, Changes to
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              • be made.'') See, e.g., ``Proposed Third Quarter 2006 Contribution Factor,'' Public Notice, 21 FCC Rcd 6527 (Wireline Comp. Bur. 2006) (``Contribution payments are due on the dates shown on the invoice.'') See 47 C.F.R. � 54.706(b). Providers whose annual USF contribution would be less than $10,000 are considered de minimis and exempt from contributing to the USF. 47 C.F.R. � 54.708. USAC Comments at 71. USAC Comments at 68. . In addition, USAC's form letter regarding delinquencies advises that interest will be charged on the unpaid principal balance at the rate of nine percent per annum. See http://www.universalservice.org/_res/documents/fund-administration/pdf/P ayment%20Extension%20Plans/PP-Acknowledgement-letter-template-SOL.pdf. See 47 C.F.R. � 54.713. 31 U.S.C. � 3717. USAC Reply Comments at 12. USAC Comments at 69. USAC Reply Comments at
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              • imposition of a regulatory fee, see, e.g., 47 C.F.R � 1.1103, we encourage the filing of a request for waiver of any such fees. Where revenue is excluded as Call Home Act Revenue, such revenue is also excluded from consideration in evaluating qualification for both the de mimimis exemption and the limited international revenue exception (LIRE). 47 C.F.R. �� 54.706(c), 54.708. We have ample authority to change our decision to forbear as necessary to reflect changed circumstances or a decision on the proposals in the forthcoming Notice of Proposed Rulemaking. See, e.g., Petition for Forbearance of the Verizon Telephone Companies Pursuant to 47 U.S.C. � 160(c), WC Docket No. 01-338, Memorandum Opinion and Order, 19 FCC Rcd 21496, 21509 n.85 (2004)
            • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.txt
              • Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC Rcd 7518, 7548-49, para. 61 (2006). 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706(a), 54.711(a). Each such entity must contribute to the Universal Service Fund unless it qualifies for an exception, such as the de minimis exception. See, e.g., 47 C.F.R. � 54.708. This entity must still, however, comply with certain other registration, reporting and contribution obligations in connection with other Commission programs even if it qualifies for the de minimis exception for purposes of the Universal Service Fund in a given year. See, e.g., Wireline Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice,
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              • Second Order on Reconsideration, 15 FCC Rcd 15996, 16024, � 159 (2000). 47 C.F.R. � 54.711. Pursuant to the de minimis exception, contributors that owe less than $10,000 to the USF in any given year are not required to contribute to the fund or file Worksheets (annual or quarterly) for that year for purposes of the USF. 47 C.F.R. � 54.708. (See note 11, infra, on quarterly reporting.) Based on Global Teldata's reported revenue for 2003 as reported in its 2004 Form 499-A, it was a de minimis carrier in 2003. Even though the de minimis exception excuses carriers from the requirements for USF purposes, however, the rules still require carriers such as Global Teldata to file annual Worksheets for purposes
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              • de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n. 22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. Id. � 1.1910. The rule went into effect on November 1, 2004; see ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). See Telrite's 2006 FCC 499-A, Line 105, filed March 24, 2006. Letter from Michael G. Geoffroy, Corporate Counsel, Telrite Corporation, to Christopher Shields, Enforcement Bureau,
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              • Data Provided by LPSI to USAC At the time the Commission released the NAL, LPSI's projected collected revenue, as reported on LPSI's quarterly Worksheets, had indicated that LPSI owed USF contributions in 2006. On May 31, 2007, however, LPSI filed its 2007 annual Worksheet. Based on the historical revenue reported in LPSI's 2007 annual Worksheet, USAC determined that under section 54.708 of the Commission's rules, LPSI was a de minimis carrier and therefore exempt from USF contributions in 2006. Thus, USAC credited LPSI for the amounts that USAC invoiced LPSI for 2006 contributions. When calculating the total proposed forfeiture in the NAL, we assessed forfeitures of $20,000 per month for LPSI's failure to make monthly USF contributions between March 2005 and
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              • a safe harbor for interconnected VoIP providers). . 47 U.S.C. �� 254(b)(4), (d). Contributors will base their contributions on business service revenues in the same manner as they do currently. We make no change to the de minimis exemption or to the Limited International Revenue Exception (LIRE) for business contributions based on revenues. 47 U.S.C. � 254(d); 47 C.F.R. � 54.708; Fifth Circuit Remand Order, 15 FCC Rcd at 1687-88, para. 19; Contribution First FNPRM, 17 FCC Rcd at 3806-07, paras. 125-28. These exceptions do not apply to residential contributions based on numbers. See 47 U.S.C. � 254(d). Prepaid calling card providers, as well as any other current contributors who provide services to residential consumers but do not assign Assessable Numbers,
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              • See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19893, 19896 � 5 n. 22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for contributors to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered to be de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Since April 1, 2003, contributions have been based on a contributor's projected, rather than historical, revenues. Id. See also Interim Contribution Order, 17 FCC Rcd at 24969-74 �� 29-39. See 47 U.S.C. � 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the
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              • de minimis if it is required to contribute to the federal USF, but its contribution to the USF in a given year would be less than $10,000. Telecommunications providers that would be required to contribute to USF but meet the de minimis standard in a given year are not required to contribute to the USF that year. 47 C.F.R. � 54.708. De minimis telecommunications providers are not required to file the quarterly Telecommunications Reporting Worksheet, which is used to determine monthly universal service contribution amounts. See Wireless Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice, 22 FCC Rcd 1889, 1891 (Wireline Comp. Bur. 2007) (``De Minimis Public Notice''). Carriers who are de
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              • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. See Response of Globalcom, Inc. to the Enforcement Bureau's August 6, 2009 Letter of Inquiry, dated Sept. 22, 2009, at response to Question 2 (``LOI Response''). Id. at response to Question 4. See Press Release of First Communications, Inc., ``Welcome Letter from Ray Hexamer, Chief Executive Officer of First Communications,'' dated Oct. 1, 2008, available
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              • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, � 5, n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.713. See Response of NTS Communications, Inc. to the Enforcement Bureau's July 31, 2009 Letter of Inquiry, dated August 31, 2009, at response to Questions 1 and 2 (``LOI Response''). Id. at response to Question 4(b). Id. at response to Question 4(c). Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division, Enforcement Bureau, FCC,
            • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-107A1.txt
              • that have different purposes); U S West Communications, Inc. v. FCC, 177 F.3d 1058, 1059-60 (D.C. Cir. 1999) (noting that the term ``provide'' used in different places in the Communications Act can be subject to different meanings depending on context). See 47 C.F.R. �� 1.47, 6.1, 6.3(e), 12.3, 43.11, 52.12, 52.13, 52.17, 52.21(h), 52.32, 52.33, 52.34, 52.35(e)(1), 52.36(d), 54.5, 54.706, 54.708, 63.60, 64.2003, 64.2005. 47 C.F.R. �� 1.1200 et seq. Pub. L. No. 107-198. 44 U.S.C. � 3506(c)(4). Location Accuracy FNPRM and NOI at Appendix. See 5 U.S.C. � 603. The RFA, see 5 U.S.C. � 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat.
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              • Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 � 5 n.22 (2003) (``Globcom NAL'') (subsequent history omitted). The instructions for the Worksheets include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. See also 47 C.F.R. � 54.708. 47 C.F.R. � 54.713. 47 U.S.C. � 214(a). 47 C.F.R. �� 63.12, 63.18. 47 C.F.R. � 63.24. For purposes of section 63.24 of the Commission's rules, ``an assignment of an authorization is a transaction in which the authorization is assigned from one entity to another entity. Following an assignment, the authorization is held by an entity other than the one
            • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.txt
              • for each failure to timely file a reporting worksheet for a total of $150,000 for three worksheets). (``Globcom NAL''); Roadrunner Transp., Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000); Liab. of E. Broad. Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37 (1967), Teletronics NAL, 20 FCC Rcd at 13298-99 �� 20-22. NAL Response at 2-3. 47 C.F.R. � 54.708. See 47 C.F.R. � 54.708; Telecommunications Reporting Worksheet, FCC Revised Form 499-A (2006), Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 5, http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf (``2006 Telecommunications Reporting Worksheet Instructions''); Wireline Competition Bureau Reminds De Minimis Telecommunication Providers of Certain FCC Regulation, Reporting, and Contribution Requirements, Public
            • 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
              • Rcd at 7541, para. 44 (extending contribution obligations to interconnected VoIP service providers). Although the Commission has not addressed the regulatory classification of interconnected VoIP services under the Act, the Commission has concluded that interconnected VoIP providers are ``providers of interstate telecommunications'' for purposes of universal service. Id. at 7537, para. 35 (citing 47 U.S.C. � 254(d)). 47 C.F.R. � 54.708 (``If a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution . . . .''); 47 C.F.R. � 54.706(d) (``The following entities will not be required to contribute to universal service: non-profit health care providers; broadcasters; systems integrators that derive less than five percent of their
            • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.txt
              • Theobald E-mail; Fifth Theobald E-mail; USAC Invoices to Telseven, Invoice Nos. UBDI0000274287 (statement date Oct. 22, 2007), UBDI0000279222 (statement date Nov. 22, 2007). See Telseven's Form 499-Q for Projected Third Quarter Revenues 2009 (received by USAC Apr. 24, 2009); Telseven's Form 499-Q for Projected Fourth Quarter Revenues 2009) (received by USAC Jul. 23, 2009); see also Fourth Theobald E-mail. Section 54.708 of the Commission's rules provides, in pertinent part, that if ``a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution . . . .'' 47 C.F.R. � 54.708. See Telseven 2009 Form 499-A Telecommunications Reporting Worksheet (reporting actual revenues for calendar year 2009) (received by USAC
            • 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
              • pricing local services differently based on the category of customer. In particular, we seek comment on whether treating different customers differently would be consistent with the Commission's universal service, access, and other pro-competitive reforms. De Minimis Carriers We seek comment on the impact of these proposals on the current de minimis exemption to the universal service contribution requirement. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contribution is expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of the de minimis exemption, the Commission concluded that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts. To the extent that
            • http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.doc http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.pdf http://transition.fcc.gov/Bureaus/OMD/Orders/fcc00240.txt
              • regulatory fees collected to fund the Commission's operations. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999), 64 FR 41320 (July 30, 1999)(Contributor Reporting Requirements Order). 47 CFR 54.708. However, these service providers may be subject to payment of regulatory fees under other categories, e.g. space stations. See 47 U.S.C. 159(h); see also para 29, infra. Motorola comments at p. 4. 47 CFR 1.1166 NPRM at footnote 18. Applicants for new, renewal and reinstatement licenses in the following services will be required to pay their regulatory fees in advance:
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              • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � - � � � � �� �� �� �| kd� D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
              • http://transition.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0102.doc http://transition.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0102.pdf
                • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � � � ' � � �� p� � �� kd(c) D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
                • http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
                  • their obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 U.S.C. � 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. � 413; see also 47 C.F.R. �
                • http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
                  • 54.706(b); Globcom, 18 FCC Rcd at 19896, n. 22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to project or determine their approximate annual contribution based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are covered by the Commission's ``de minimis rule'' and are exempted from contributing to the USF. 47 C.F.R. 54.708. As discussed in more detail below, BCE Nexxia's interstate revenues in 2004 and 2005 do not qualify for the de minimis exception. 14 47 C.F.R. 54.713. 15 See 47 C.F.R. 64.1195(a). 16 See Letter from Hugh Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, to BCE Nexxia dated March 30, 2004 (``March 30 Audit Letter''). 17 See electronic mail
                • http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
                  • 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 499-A, it was a de minimis carrier in 2002, see 47 C.F.R. 54.708, and therefore was not required to file quarterly Worksheets in 2002. 10 See 47 U.S.C. 225(d)(3); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14
                • http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
                  • its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. 54.708. CSII has not qualified for the de minimis exemption since 2003. 17 47 C.F.R. 54.713. 18 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 19 See Response to Data Requests/Request for Documents, EB-05-IH- 0189, at 4, dated March
                • http://transition.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
                  • the Commission's rules by willfully and repeatedly failing to contribute to universal service support mechanisms on a timely basis on several occasions in 2004 and 2005.63 Section 54.706(c) of the Commission's rules unambiguously directs that ``entities [providing] interstate telecommunications to the public . . . for a fee . . . contribute to the universal service support programs.''64 Although section 54.708 of the rules exempts de minimis carriers from contribution, Global Teldata's applicable revenue exceeded the threshold beginning in February 2004.65 As we previously have stated, [c]arrier nonpayment of universal service contributions undermines the efficiency and effectiveness of the universal service support mechanisms. Moreover, delinquent carriers may obtain a competitive advantage over carriers complying with the Act and our rules. We
                • http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
                  • contribute to the universal service fund, unless its revenues are considered de minimis. Globcom NAL, 18 FCC Rcd at 19896, P 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. S 54.713. Id. S 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and
                • http://transition.fcc.gov/eb/Orders/2006/FCC-06-91A1.html
                  • if the contributions would be de minimis. 47 U.S.C. S 254(d). The de minimis threshold is currently $10,000. See Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, P 297 (1997) ("Fourth Reconsideration Order"); 47 C.F.R. S 54.708. Telecommunications carriers may pass the costs of these contributions along to consumers including through line-item fees on the consumers' monthly telephone bills. See 47 C.F.R. S 54.712. Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, Federal-State Joint Board on Universal Service, Schools and Libraries Universal Service Support Mechanism, Rural Health Care Support Mechanism, Lifeline and Link-Up, Changes to
                • http://transition.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
                  • Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC Rcd 7518, 7548-49, para. 61 (2006). 47 U.S.C. S 254(d); 47 C.F.R. SS 54.706(a), 54.711(a). Each such entity must contribute to the Universal Service Fund unless it qualifies for an exception, such as the de minimis exception. See, e.g., 47 C.F.R. S 54.708. This entity must still, however, comply with certain other registration, reporting and contribution obligations in connection with other Commission programs even if it qualifies for the de minimis exception for purposes of the Universal Service Fund in a given year. See, e.g., Wireline Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice,
                • http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
                  • Second Order on Reconsideration, 15 FCC Rcd 15996, 16024, P 159 (2000). 47 C.F.R. S 54.711. Pursuant to the de minimis exception, contributors that owe less than $10,000 to the USF in any given year are not required to contribute to the fund or file Worksheets (annual or quarterly) for that year for purposes of the USF. 47 C.F.R. S 54.708. (See note 11, infra, on quarterly reporting.) Based on Global Teldata's reported revenue for 2003 as reported in its 2004 Form 499-A, it was a de minimis carrier in 2003. Even though the de minimis exception excuses carriers from the requirements for USF purposes, however, the rules still require carriers such as Global Teldata to file annual Worksheets for purposes
                • http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
                  • de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n. 22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. Id. S: 1.1910. The rule went into effect on November 1, 2004; see "FCC Announces Brief Delay in Enforcement of Red Light Rule," Public Notice, 19 FCC Rcd 19452 (2004). See Telrite's 2006 FCC 499-A, Line 105, filed March 24, 2006. Letter from Michael G. Geoffroy, Corporate Counsel, Telrite Corporation, to Christopher Shields, Enforcement Bureau,
                • http://transition.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
                  • Provided by LPSI to USAC 20. At the time the Commission released the NAL, LPSI's projected collected revenue, as reported on LPSI's quarterly Worksheets, had indicated that LPSI owed USF contributions in 2006. On May 31, 2007, however, LPSI filed its 2007 annual Worksheet. Based on the historical revenue reported in LPSI's 2007 annual Worksheet, USAC determined that under section 54.708 of the Commission's rules, LPSI was a de minimis carrier and therefore exempt from USF contributions in 2006. Thus, USAC credited LPSI for the amounts that USAC invoiced LPSI for 2006 contributions. 21. When calculating the total proposed forfeiture in the NAL, we assessed forfeitures of $20,000 per month for LPSI's failure to make monthly USF contributions between March 2005
                • http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
                  • See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19893, 19896 P: 5 n. 22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for contributors to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered to be de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. 47 U.S.C. S: 254(d). 47 C.F.R. S: 54.706(b). Since April 1, 2003, contributions have been based on a contributor's projected, rather than historical, revenues. Id. See also Interim Contribution Order, 17 FCC Rcd at 24969-74 P:P: 29-39. See 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the
                • http://transition.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
                  • de minimis if it is required to contribute to the federal USF, but its contribution to the USF in a given year would be less than $10,000. Telecommunications providers that would be required to contribute to USF but meet the de minimis standard in a given year are not required to contribute to the USF that year. 47 C.F.R. S: 54.708. De minimis telecommunications providers are not required to file the quarterly Telecommunications Reporting Worksheet, which is used to determine monthly universal service contribution amounts. See Wireless Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice, 22 FCC Rcd 1889, 1891 (Wireline Comp. Bur. 2007) ("De Minimis Public Notice"). Carriers who are de
                • http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
                  • President of Operations/General Manager TransAria, Inc. 7330 Shedhorn Drive Bozeman, MT 59718 Re: File No. EB-08-IH-1161 Dear Mr. Tarbert: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.708, 54.711, 64.604 and 64.1195 of the Commission's rules, and failing to comply with section 9.5(e)(3), one of the Commission's rules relating to the provision of E911 capabilities to its customers. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated July 30, 2008,
                • http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
                  • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n.22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. See Response of Globalcom, Inc. to the Enforcement Bureau's August 6, 2009 Letter of Inquiry, dated Sept. 22, 2009, at response to Question 2 ("LOI Response"). Id. at response to Question 4. See Press Release of First Communications, Inc., "Welcome Letter from Ray Hexamer, Chief Executive Officer of First Communications," dated Oct. 1, 2008, available
                • http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
                  • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n.22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. See Response of NTS Communications, Inc. to the Enforcement Bureau's July 31, 2009 Letter of Inquiry, dated August 31, 2009, at response to Questions 1 and 2 ("LOI Response"). Id. at response to Question 4(b). Id. at response to Question 4(c). Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division, Enforcement Bureau, FCC,
                • http://transition.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
                  • e.g., Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19903 (2003) ("Globcom NAL"); Roadrunner Transp., Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000); Liab. of E. Broad. Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37 (1967), Teletronics NAL, 20 FCC Rcd at 13298-99 P:P: 20-22. NAL Response at 2-3. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.708; Telecommunications Reporting Worksheet, FCC Revised Form 499-A (2006), Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 5, http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf ("2006 Telecommunications Reporting Worksheet Instructions"); Wireline Competition Bureau Reminds De Minimis Telecommunication Providers of Certain FCC Regulation, Reporting, and Contribution Requirements, Public
                • http://transition.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
                  • Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, para. 5 n.22 (2003) (Globcom NAL) (subsequent history omitted). In the case of USF contributions, providers whose contribution obligation in a given year is less than $10,000 are considered de minimis and exempted from contributing to the USF for that year. See 47 C.F.R. S: 54.708. Filers do not calculate the amounts that they must contribute in the Quarterly and Annual Worksheets. Rather, the USF, TRS, NANP, and LNP administrators use the revenue information on these Worksheets to calculate a funding base and individual contributions for each support mechanism. See, e.g., 2012 Telecommunications Worksheet Instructions (FCC Form 499-A) at 31, available at http://www.fcc.gov/document/2012-form-499-instructions (last visited May
                • 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
                  • pricing local services differently based on the category of customer. In particular, we seek comment on whether treating different customers differently would be consistent with the Commission's universal service, access, and other pro-competitive reforms. De Minimis Carriers We seek comment on the impact of these proposals on the current de minimis exemption to the universal service contribution requirement. Under section 54.708 of the Commission's rules, interstate telecommunications service providers whose annual universal service contribution is expected to be less than $10,000 are not required to contribute to the universal service mechanisms. In support of the de minimis exemption, the Commission concluded that compliance costs associated with contributing to the universal service mechanisms should not exceed contribution amounts. To the extent that
                • http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99175.pdf
                  • carrier-specific cost directly related to providing number portability. * * * * * PART 54 - UNIVERSAL SERVICE Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 54 continues to read as follows: AUTHORITY: 47 U.S.C. 1, 4(i), 201, 205, 214, and 254 unless otherwise noted. 2. Section 54.708 is amended to read as follows: � 54.708 De minimis exemption. If a contributor's contribution to universal service in any given year is less than $10,000 that contributor will not be required to submit a contribution or Telecommunications Reporting Worksheet for that year unless it is required to do so to by our rules governing Telecommunications Relay Service (47 C.F.R.
                • http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.txt
                  • interstate telecommunications to entities other than themselves for a fee on a private, contractual basis. In addition, owners of pay telephones, sometimes referred to as "pay telephone aggregators," must file this worksheet. The following three sections list types of telecommunications providers that are not required to file the Form 499-Q. 1. Universal service exception for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute directly to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000. 47 C.F.R. � 54.708. Thus, potential contributors whose contribution to the universal service support mechanisms would be de minimis under the universal service
                • http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000471.pdf
                  • Form 499-A. Note that some carriers and telecommunications service providers 3 Please note that this worksheet refers to "filers," "reporting entities," and "contributors" interchangeably, except where specifically distinguished. 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.703 (universal service), 64.604 (TRS). 5 47 U.S.C. � 413. See also 47 C.F.R. � 1.47. 6 47 C.F.R. � 54.708. Instructions to the Telecommunications Reporting Worksheet, Form 499A Instructions -- Page 5 are required to file this worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute
                • http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001735.doc
                  • on September 1, 2000. Copies of the September 2000 Worksheet (FCC Form 499-S) and instructions may be downloaded from the Commission's Forms Web Page (www.fcc.gov/formpage.html). Copies also may be obtained by calling the fax-on-demand line at (202) 418-2830. Finally, copies may be obtained from the National Exchange Carrier Association (NECA) at (973) 560-4400. 47 C.F.R. � 54.711(a). 47 C.F.R. � 54.708. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order) (also adopting an April version of the worksheet that will be used to calculate contributions
                • http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/499s-pn.pdf
                  • service support mechanisms, as well as other support and cost recovery mechanisms.3 Pursuant to the Contributor Reporting Requirements Order, all contributors to the universal service support mechanisms, except those that fall within the Commission's de minimis exemption, must file a streamlined version of the Telecommunications Reporting Worksheet (FCC Form 499-S) on September 1 of each year.4 1 47 C.F.R. � 54.708. 2 Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18424, para. 43, 18442, para. 80, Appendix C (1997) (Second Order on Reconsideration). 3 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements
                • http://www.fcc.gov/Bureaus/OMD/Notices/fcc00117.doc
                  • contributions are separate and apart from regulatory fees collected to fund the Commission's operations. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-___, CC Docket No. 98-171 (rel. July 14, 1999)(Contributor Reporting Requirements Order). 47 CFR 54.708. However, these service providers may be subject to payment of regulatory fees under other categories, e.g. space stations. See 47 U.S.C. � 159(h); see also para 29, infra. Applicants for new, renewal and reinstatement licenses in the following services will be required to pay their regulatory fees in advance: Land Mobile Services, Microwave Services, Marine (Ship) Service, Marine (Coast) Service,
                • http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.doc http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.pdf http://www.fcc.gov/Bureaus/OMD/Orders/fcc00240.txt
                  • regulatory fees collected to fund the Commission's operations. 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999), 64 FR 41320 (July 30, 1999)(Contributor Reporting Requirements Order). 47 CFR 54.708. However, these service providers may be subject to payment of regulatory fees under other categories, e.g. space stations. See 47 U.S.C. 159(h); see also para 29, infra. Motorola comments at p. 4. 47 CFR 1.1166 NPRM at footnote 18. Applicants for new, renewal and reinstatement licenses in the following services will be required to pay their regulatory fees in advance:
                • http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0003.pdf
                  • Kind of Costs Can be Deducted from Revenues that Appear on Form 499-A? None. The Common Carrier regulatory fee is based on interstate and international end-user revenues for local and most toll services. Other types of revenues included on the Form 499-A are excluded. Filers are not allowed to deduct any expenses from subject end-user revenues. 4 47 C.F.R. � 54.708. 12 Approved by OMB 3060-0949 FEDERAL COMMUNICATIONS COMMISSION INTERSTATE TELEPHONE SERVICE PROVIDER WORKSHEET Payer Name: Filer 499 ID (Form 499-A Line 101): Calendar 1999 revenue information (show amounts in whole dollars) 1 Service provided by U.S. carriers that both originates and terminates in foreign points. Form 499-A Line 412 (e) 2 Interstate end-user revenue from all telecommunications services. Form 499-A
                • http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0006.doc http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0006.pdf http://www.fcc.gov/Bureaus/OMD/Public_Notices/2000/pnmd0006.txt
                  • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � - � � � � �� �� �� �| kd� D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
                  • http://www.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0102.doc http://www.fcc.gov/Bureaus/OMD/Public_Notices/2001/pnmd0102.pdf
                    • fee requirements of its subsidiaries. 47 U.S.C. �� 151, 225, 251, 254. 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Report and Order, FCC 99-175, CC Docket No. 98-171 (rel. July 14, 1999) (Contributor Reporting Requirements Order). 47 C.F.R. � 54.708. � � � ' � � �� p� � �� kd(c) D���PNG RR�~R�n� |�o� |�o� X*�N�*K � ~j0tm@"Iu�� �2~��y=��b��"���05 X� ?''z[�'';: ''@�/'", �Z!� g$!���H (c)� � .[�'' �� �]�' ��7���`�~�; M u(�\A�� �w�(c)� � �� 2�� 0��� �O�� ���� � o)0L8Ho�csT�� �����Njs! �YvkН�*��(c)@���
                    • http://www.fcc.gov/Forms/Form499-A/499a-2000.pdf
                      • Form 499-A. Note that some carriers and telecommunications service providers 3 Please note that this worksheet refers to "filers," "reporting entities," and "contributors" interchangeably, except where specifically distinguished. 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.703 (universal service), 64.604 (TRS). 5 47 U.S.C. � 413. See also 47 C.F.R. � 1.47. 6 47 C.F.R. � 54.708. Instructions to the Telecommunications Reporting Worksheet, Form 499A Instructions --Page 5 are required to file this worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to
                    • http://www.fcc.gov/Forms/Form499-A/499a-2001.pdf
                      • file this worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. 1. Universal service exception for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this worksheet if their contribution to the
                    • http://www.fcc.gov/Forms/Form499-A/499a-2002.pdf
                      • file this worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. 1. Universal service exception for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this worksheet if their contribution to the
                    • http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf
                      • file this Worksheet, but may not be required to contribute to all support mechanisms. For example, some carriers may be exempt from contributing to the universal service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non- common carrier basis need not file this Worksheet if their contribution to
                    • http://www.fcc.gov/Forms/Form499-A/499a-2004.pdf
                      • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, providers that offer telecommunications for a fee exclusively on a non- common carrier basis need not file this Worksheet if their contribution to
                    • http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
                      • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
                    • http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
                      • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
                    • http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
                      • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.11 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
                    • http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
                      • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.13 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
                    • http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
                      • service support mechanisms (e.g., because they are de minimis), but nevertheless must file because they are required to contribute to TRS, NANPA, or LNPA. These non- contributors must be treated as end users by their underlying carriers and therefore may end up contributing indirectly as a result of pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.13 Thus, except as provided below, providers that offer telecommunications for a fee exclusively on a non-common carrier basis need not file this Worksheet if
                    • http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
                      • with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to (continued . . .) 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 U.S.C. � 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. � 413; see also 47 C.F.R. �
                    • http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
                      • their obligations to register with the Federal Communications Commission.6 II. Filing Requirements and General Instructions A. Who Must File With very limited exceptions, all intrastate, interstate, and international providers of telecommunications in the United States7 must file this Worksheet.8 Telecommunications providers that are contributors to 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 U.S.C. � 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. �� 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. � 413; see also 47 C.F.R. �
                    • http://www.fcc.gov/Forms/Form499-Q/499q.pdf
                      • underlying carrier revenues. A reseller is not a marketing agent. The following three sections list types of telecommunications providers that are not required to file the FCC Form 499-Q. Note that such entities are treated as end users by their underlying carriers and therefore may be subject to pass-through charges. 1. Universal service exemption for de minimis telecommunications providers Section 54.708 of the Commission's rules states that telecommunications carriers and telecommunications providers are not required to contribute directly to the universal service support mechanisms for a given year if their contribution for that year is less than $10,000.8 Thus, potential contributors whose contribution to the universal service support mechanisms would be de minimis under the universal service rules are not required
                    • http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
                      • 54.706(b); Globcom, 18 FCC Rcd at 19896, n. 22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to project or determine their approximate annual contribution based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are covered by the Commission's ``de minimis rule'' and are exempted from contributing to the USF. 47 C.F.R. 54.708. As discussed in more detail below, BCE Nexxia's interstate revenues in 2004 and 2005 do not qualify for the de minimis exception. 14 47 C.F.R. 54.713. 15 See 47 C.F.R. 64.1195(a). 16 See Letter from Hugh Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, to BCE Nexxia dated March 30, 2004 (``March 30 Audit Letter''). 17 See electronic mail
                    • http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
                      • 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 499-A, it was a de minimis carrier in 2002, see 47 C.F.R. 54.708, and therefore was not required to file quarterly Worksheets in 2002. 10 See 47 U.S.C. 225(d)(3); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14
                    • http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
                      • its revenues are considered de minimis. Globcom, Inc., 18 FCC Rcd at 19896, 5 & n.22. The instructions for the Telecommunications Reporting Worksheet include tables for carriers to determine their approximate annual contributions based on their projected telecommunications revenues. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. 54.708. CSII has not qualified for the de minimis exemption since 2003. 17 47 C.F.R. 54.713. 18 47 C.F.R. 1.1910. The rule went into effect on November 1, 2004. See ``FCC Announces Brief Delay in Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 19 See Response to Data Requests/Request for Documents, EB-05-IH- 0189, at 4, dated March
                    • http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
                      • the Commission's rules by willfully and repeatedly failing to contribute to universal service support mechanisms on a timely basis on several occasions in 2004 and 2005.63 Section 54.706(c) of the Commission's rules unambiguously directs that ``entities [providing] interstate telecommunications to the public . . . for a fee . . . contribute to the universal service support programs.''64 Although section 54.708 of the rules exempts de minimis carriers from contribution, Global Teldata's applicable revenue exceeded the threshold beginning in February 2004.65 As we previously have stated, [c]arrier nonpayment of universal service contributions undermines the efficiency and effectiveness of the universal service support mechanisms. Moreover, delinquent carriers may obtain a competitive advantage over carriers complying with the Act and our rules. We
                    • http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
                      • contribute to the universal service fund, unless its revenues are considered de minimis. Globcom NAL, 18 FCC Rcd at 19896, P 5, note 22. The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S 54.708. LPSI has not qualified for the de minimis exemption since 2004. 47 C.F.R. S 54.713. Id. S 1.1910. The rule went into effect on November 1, 2004; see FCC Announces Brief Delay in Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004). See Letter from Bradford M. Berry, counsel for LPSI, to William Davenport, Chief, Investigations and
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                      • if the contributions would be de minimis. 47 U.S.C. S 254(d). The de minimis threshold is currently $10,000. See Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, P 297 (1997) ("Fourth Reconsideration Order"); 47 C.F.R. S 54.708. Telecommunications carriers may pass the costs of these contributions along to consumers including through line-item fees on the consumers' monthly telephone bills. See 47 C.F.R. S 54.712. Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, Federal-State Joint Board on Universal Service, Schools and Libraries Universal Service Support Mechanism, Rural Health Care Support Mechanism, Lifeline and Link-Up, Changes to
                    • http://www.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
                      • Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, 21 FCC Rcd 7518, 7548-49, para. 61 (2006). 47 U.S.C. S 254(d); 47 C.F.R. SS 54.706(a), 54.711(a). Each such entity must contribute to the Universal Service Fund unless it qualifies for an exception, such as the de minimis exception. See, e.g., 47 C.F.R. S 54.708. This entity must still, however, comply with certain other registration, reporting and contribution obligations in connection with other Commission programs even if it qualifies for the de minimis exception for purposes of the Universal Service Fund in a given year. See, e.g., Wireline Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice,
                    • http://www.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
                      • Second Order on Reconsideration, 15 FCC Rcd 15996, 16024, P 159 (2000). 47 C.F.R. S 54.711. Pursuant to the de minimis exception, contributors that owe less than $10,000 to the USF in any given year are not required to contribute to the fund or file Worksheets (annual or quarterly) for that year for purposes of the USF. 47 C.F.R. S 54.708. (See note 11, infra, on quarterly reporting.) Based on Global Teldata's reported revenue for 2003 as reported in its 2004 Form 499-A, it was a de minimis carrier in 2003. Even though the de minimis exception excuses carriers from the requirements for USF purposes, however, the rules still require carriers such as Global Teldata to file annual Worksheets for purposes
                    • http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
                      • See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19893, 19896 P: 5 n. 22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for contributors to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered to be de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. 47 U.S.C. S: 254(d). 47 C.F.R. S: 54.706(b). Since April 1, 2003, contributions have been based on a contributor's projected, rather than historical, revenues. Id. See also Interim Contribution Order, 17 FCC Rcd at 24969-74 P:P: 29-39. See 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the
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                      • de minimis if it is required to contribute to the federal USF, but its contribution to the USF in a given year would be less than $10,000. Telecommunications providers that would be required to contribute to USF but meet the de minimis standard in a given year are not required to contribute to the USF that year. 47 C.F.R. S: 54.708. De minimis telecommunications providers are not required to file the quarterly Telecommunications Reporting Worksheet, which is used to determine monthly universal service contribution amounts. See Wireless Competition Bureau Reminds De Minimis Telecommunications Providers of Certain FCC Registration, Reporting, and Contribution Requirements, Public Notice, 22 FCC Rcd 1889, 1891 (Wireline Comp. Bur. 2007) ("De Minimis Public Notice"). Carriers who are de
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                      • President of Operations/General Manager TransAria, Inc. 7330 Shedhorn Drive Bozeman, MT 59718 Re: File No. EB-08-IH-1161 Dear Mr. Tarbert: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.708, 54.711, 64.604 and 64.1195 of the Commission's rules, and failing to comply with section 9.5(e)(3), one of the Commission's rules relating to the provision of E911 capabilities to its customers. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated July 30, 2008,
                    • http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
                      • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n.22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. See Response of Globalcom, Inc. to the Enforcement Bureau's August 6, 2009 Letter of Inquiry, dated Sept. 22, 2009, at response to Question 2 ("LOI Response"). Id. at response to Question 4. See Press Release of First Communications, Inc., "Welcome Letter from Ray Hexamer, Chief Executive Officer of First Communications," dated Oct. 1, 2008, available
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                      • considered de minimis. See Globcom, Inc., Notice of Apparent Liability, 18 FCC Rcd 19890, 19896, P: 5, n.22 (2003) ("Globcom NAL") (subsequent history omitted). The instructions for the Worksheet include tables for carriers to determine their annual contributions. Providers whose annual contribution is less than $10,000 are considered de minimis and exempted from contributing to the USF. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.713. See Response of NTS Communications, Inc. to the Enforcement Bureau's July 31, 2009 Letter of Inquiry, dated August 31, 2009, at response to Questions 1 and 2 ("LOI Response"). Id. at response to Question 4(b). Id. at response to Question 4(c). Letter from Trent B. Harkrader, Deputy Chief, Investigations & Hearings Division, Enforcement Bureau, FCC,
                    • http://www.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
                      • e.g., Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19903 (2003) ("Globcom NAL"); Roadrunner Transp., Inc., Forfeiture Order, 15 FCC Rcd 9669, 9671 (2000); Liab. of E. Broad. Corp., Memorandum Opinion and Order, 10 F.C.C. 2d 37 (1967), Teletronics NAL, 20 FCC Rcd at 13298-99 P:P: 20-22. NAL Response at 2-3. 47 C.F.R. S: 54.708. See 47 C.F.R. S: 54.708; Telecommunications Reporting Worksheet, FCC Revised Form 499-A (2006), Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms at 5, http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf ("2006 Telecommunications Reporting Worksheet Instructions"); Wireline Competition Bureau Reminds De Minimis Telecommunication Providers of Certain FCC Regulation, Reporting, and Contribution Requirements, Public
                    • http://www.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
                      • Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, para. 5 n.22 (2003) (Globcom NAL) (subsequent history omitted). In the case of USF contributions, providers whose contribution obligation in a given year is less than $10,000 are considered de minimis and exempted from contributing to the USF for that year. See 47 C.F.R. S: 54.708. Filers do not calculate the amounts that they must contribute in the Quarterly and Annual Worksheets. Rather, the USF, TRS, NANP, and LNP administrators use the revenue information on these Worksheets to calculate a funding base and individual contributions for each support mechanism. See, e.g., 2012 Telecommunications Worksheet Instructions (FCC Form 499-A) at 31, available at http://www.fcc.gov/document/2012-form-499-instructions (last visited May