FCC Web Documents citing 54.709
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- Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 47 C.F.R. 54.713. Further, under the Commission's ``red light rule,'' action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the
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- gross-billed revenue. Interim Contribution Order, 17 FCC Rcd at 24969-74, 29-39. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 64 C.F.R. 64.604(c)(5)(iii)(B). See 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due
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- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). As of April 1, 2003, USAC bases a carrier's universal service obligation on the carrier's projected collected revenue rather than its historic gross-billed revenue. See Interim Contribution Order, 17 FCC Rcd at 24969-74, 29-39. 47 C.F.R. 54.713. Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act). See Telecommunications Relay Services
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- 1, 2003, USAC bases a contributor's universal service obligation on the contributors' projected collected revenue rather than its historic gross-billed revenue. Interim Contribution Order, 17 FCC Rcd at 24969-74 29-39. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Quarterly Reporting Order, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 47 C.F.R. 64.604(c)(5)(iii)(B). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45,
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- also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- discounts for eligible services bundled with ineligible services, the instructions also require applicants to apportion the costs of eligible and ineligible services. See Letter of Appeal at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. 54.504(c); 54.709(c). (continued....) Federal Communications Commission DA 00-2701 Federal Communications Commission DA 00-2701 / `` @ @& 0 0 0 0 0 0 /
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- Proposed First Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the first quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
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- 2001). USAC has collected funds that were not disbursed in the third quarter of 2000 for the High Cost Interstate Access mechanism ($22.55 million), the fourth quarter of 2000 for the Low Income mechanism ($14.97 million), and the first quarter of 2001 for the High Cost mechanism ($9.39 million) and the Rural Health Care mechanism ($2.71 million). 47 C.F.R. 54.709(b); Proposed First Quarter 1999 Universal Service Contribution Factors and Proposed Actions, CC Docket No. 96-45, Public Notice, FCC 98-318 (1998). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov N O Q PNG RR~Rn |o |o X*N*K ~j0tm@"Iu
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- Proposed Third Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the third quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. On March 14, 2001, the Commission modified the contribution methodology to reduce the interval between the accrual of revenues and the assessment of universal service
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- Proposed Fourth Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the fourth quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. On March 14, 2001, the Commission modified the contribution methodology to reduce the interval between the accrual of revenues and the assessment of universal service
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- Proposed First Quarter 2002 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the first quarter of 2002. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. On March 14, 2001, the Commission modified the contribution methodology to reduce the interval between the accrual of revenues and the assessment of universal service
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board On Universal Service Changes to the Board of Directors of the National Exchange Carrier Association Petition for Waiver of Section 54.709(a)(3) of the Commission's Rules and Regulations ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 CC Docket No. 97-21 Adopted: January 9, 2001 Released: January 10, 2001 By the Accounting Policy Division: introduction In this Order, we grant the petition of the Universal Service Administrative Company (USAC) for a limited waiver of the quarterly filing
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- American Telephone Network, LLC, 15 FCC Rcd 14022 (Enf. Bureau 2000) (``NAL''). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). NATN paid approximately $186,000 in universal service contributions in 1998 but nothing further until March 2000. According to USAC, NATN's total liability through January 2000 exceeded $1.1 million. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000 (``February 2000 letter''). Letter from Kay P. Shihata, CPA, Accounting Manager, North American Telephone Network
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- Advanced paid some, but not all, of its required universal service contributions. From October 1999 to the present, Advanced has made one payment of less than $9,000. Consequently, Advanced is more than a year in arrears and its unpaid contribution balance has grown to more than $260,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. Advanced has not done so, and we find that Advanced's failures to make the required contributions are both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's
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- Proposed Second Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the second quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
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- quarter 2002. Thereafter, unused funds from the schools and libraries support mechanism will be carried forward to increase disbursements to schools and libraries in subsequent years. The Commission's action will help ensure the predictability of contribution obligations and reduce contributions to universal service by contributors and their customers, without jeopardizing the sufficiency of the universal service support mechanisms. Under section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) has projected that program demand and administrative expenses
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- to preserve and advance universal service.'' Section 254(d) provides further that ``any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.'' In the First Report and Order, the Commission adopted rules that imposed contribution obligations on telecommunications carriers and providers of interstate telecommunications. Specifically, section 54.709(a) provides, in relevant part, that contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and a contribution factor determined quarterly by the Administrator, the Universal Service Administrative Company (USAC). To collect information about end-user telecommunications revenues from contributors, the Commission adopted a rule requiring contributors to submit Universal Service Worksheets at regular intervals. Contributors
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- FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 02-2221 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: September 10, 2002 Proposed Fourth Quarter 2002 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Wireline Competition Bureau announces the proposed universal service contribution factor for the fourth quarter of 2002. Under section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Under section 54.507, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to stabilize universal
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- 1318. These transmittals seek to establish rates for Universal Service Fund charges billed to residential and business customers to reflect the companies' fourth quarter 2002 contribution obligations. No parties filed petitions against these transmittals. Background On September 10, 2002, the Wireline Competition Bureau (Bureau) announced its proposed universal service contribution factor for the fourth quarter of 2002. Pursuant to section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Under section 54.507, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to stabilize universal
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- FCC Rcd 11319, para. 192. Section 54.313 sets out similar certification rules for non-rural carriers. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47 C.F.R.
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- FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 02-3387 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: December 9, 2002 Proposed First Quarter 2003 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Wireline Competition Bureau announces the proposed universal service contribution factor for the first quarter of 2003. Under section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the federal universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. On an interim basis, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to
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- Review by ABC Cellular Corporation Page Now, Inc./ ABC Paging, Inc. at 1, filed June 17, 2002 (Request for Review). 47 C.F.R. 54.719(c) (providing that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission). See Request for Review at 5-6. See 47 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
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- October 1 of each year. Once NECA files these data with the Commission and USAC, they become available to the public. USAC uses NECA's October 1 filing to submit to the Commission, sixty days prior to the start of each quarter, fund size and administrative cost projections for the universal service mechanisms for the ensuing quarter in accordance with section 54.709 of Commission's rules. With regard to USAC's high-cost support projections, USAC lists, among other things, projected monthly and annual support amounts for rural carriers on a state-by-state study area basis. This information is publicly available once USAC makes its filing with the Commission. Public Service Telephone's Request. On October 12, 2001, Public Service requested that the Commission grant confidential treatment
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- Proposed Second Quarter 2002 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the Second Quarter of 2002. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. On March 14, 2001, the Commission modified the contribution methodology to reduce the interval between the accrual of revenues and the assessment of universal service
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- Speech Disabilities, and the Americans With Disabilities Act of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, Notice of Proposed Rulemaking, 16 FCC Rcd 9892 (2001). BT Request at 5. 47 C.F.R. 54.709(a)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9176 para. 781, 9184 para. 796 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC Docket No. 96-45, FCC 97-157 (rel. June 4, 1997) aff'd in part, rev'd in part, remanded in part sub nom. Texas Office of Public
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- Force Order); 47 C.F.R. 54.314(b). 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the third quarter of 2003: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 551.956 10.544 (4.848) (.343) 557.309 Rural Health Care 7.617 0.644 (0.017) 0.078 8.322
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- FCC Rcd 11319, para. 192. Section 54.313 sets out similar certification rules for non-rural carriers. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See Recommended
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the fourth quarter of 2003: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 551.197 11.303 (4.709) (15.710) 542.081 Rural Health Care 6.200 0.654 (0.019) (0.240) 6.595
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- a state. See 47 C.F.R. Part 36 App. (definition of ``study area''). See 47 C.F.R. 36.611. See 47 C.F.R. 36.611(h). 47 C.F.R. 36.613. USAC is responsible for collecting contributions to the various universal support mechanisms and disbursing universal service support funds. 47 C.F.R. 54.702. See also 47 C.F.R 36.613. See http://www.fcc.gov/wcb/iatd/neca.html. See 47 C.F.R. 54.709. See 47 C.F.R. 54.711. See Qwest Petition at 1. See id. Qwest filed similar requests for waiver and extensions of time for its year 2002 Automated Reporting Management Information System (ARMIS) filings that were due on April 1, 2003 pursuant to 47 C.F.R. 43.21. See Qwest Petition at 1, n. 1; Letter from R. William Johnston, Executive Director
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the first quarter of 2004: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 550.159 12.341 (6.378) (44.451) 511.671 Rural Health Care 14.601 0.776 (0.038) (0.677) 14.662
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- a system based on projected collected end-user revenues. Accordingly, beginning with this quarter, the Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the second quarter of 2003: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 549.648 12.852 (7.018) 2.810 558.292 Rural Health Care 8.855 0.696 (0.033) 0.282 9.800
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- Administrative Company (USAC) will determine each contributor's contribution obligation by multiplying the contributor's projected collected interstate and international revenues by the rounded contribution factor, and discounting the result by the adjusted circularity discount factor. For further information, contact Paul Garnett or Jon Secrest, Telecommunications Access Policy Division, Wireline Competition Bureau, at (202) 418-7400, TTY (202) 418-0484. See 47 C.F.R. 54.709(a). See Proposed Second Quarter 2003 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 03-689 (rel. March 7, 2003). See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2004. Pursuant to section 54.709(b) of the Commission's rules, in light of excess collections carried over from previous quarters, USAC submitted an alternative projection of demand for the schools and libraries support mechanism for the third quarter of
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- Order); 47 C.F.R. 54.314(b). See 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47
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- (Rural Task Force Order); 47 C.F.R. 54.314(b). See 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits estimated demand for the universal service support mechanisms to the Commission two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See 47
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- 47 C.F.R. 54.313(b), 54.314(b). See 47 C.F.R. 54.313(d)(1). See 47 C.F.R. 54.313(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service GatewayUSA Holding Company Inc., Cosmos Telecom Marketing, Inc., and Sitel, Inc. Petition for Partial Waiver or, Alternatively, Clarification of Section 54.703 of the Commission's Rules Inteleca Communications Corporation Petition for Waiver of Rules 54.705, 54.707, 54.709, 54.711, and 54.713 Microdevices Worldwide Inc. Petition for Partial Waiver or, in the Alternative, Clarification of Universal Service Contribution Requirements Contained in Section 54.703 of the Commission's Rules Minimum Rate Pricing, Inc. Petition for Partial Waiver of the Universal Service Contribution Requirements Under Sections 54.703, 54.709 and 54.711 of the Commission's Rules RealWorld Advanced Technology Inc. Petition for Waiver of
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2004. Pursuant to section 54.709(b) of the Commission's rules, we apply $150 million from the collections carried over from previous quarters to lower the projected demand for the schools and libraries support mechanism for the fourth quarter of
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- Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order and Second Further Notice of Proposed Rulemaking, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, 17 FCC Rcd 24952, 24970 (2002) (Contribution Methodology Order and NPRM); see also 47 C.F.R. 54.706(b). See 47 C.F.R. 54.709(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Docket Nos. 96-45, 97-21, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Second Order on Reconsideration). See also 47 C.F.R. 54.701. 47 C.F.R. 54.711(a). See Form 499-A Instructions at
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2005. In its November 2, 2004 filing, USAC proposes to recover $550 million ($275 million in first quarter 2005 and $275 million in second quarter 2005) of the funds used by the Commission in the second through fourth
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission.2 The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions.3 USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules,4 the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2004.5 1 See 47 C.F.R. 54.709(a). 2 See id. 3 See 47 C.F.R. 54.709(a)(2). 4 47 C.F.R. 54.709(a)(3). 5 See Federal Universal Service Support Mechanisms Fund Size Projections for the Second Quarter 2004, available at
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- that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's agreement
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- applications was February 4, 2004. See SLD website, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. 54.507(c) and (g). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- District 750, to Federal Communications Commission, filed November 22, 2004 (Request for Waiver). 47 C.F.R. 1.3. Id. The deadline for Funding Year 2004 applications was February 4, 2004. See SLD website, . 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para. 3
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- Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-158897, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 18435 (Com. Car. Bur. 2001). 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier
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- Telecommunications Access Policy Division Wireline Competition Bureau Letter from Brother Larry Lavallee, Corpus Christi Church and School, to Federal Communications Commission, filed March 2, 2005 (Request for Waiver). 47 C.F.R. 1.3. >. 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para. 3
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- Public Schools, to Federal Communications Commission, filed October 29, 2003 (Request for Waiver). 47 C.F.R. 1.3. Id. The deadline for Funding Year 2002 applications was January 17, 2002. See SLD website, . 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier
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- 1990). See Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Com. Car. Bur. 2001). See also Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See Request for Review by Anderson School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File
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- Cir. 1990). See, e.g., Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Acc. Pol. Div. 2001); Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
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- Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Nancy Miller, Worth School District 127, to Federal Communications Commission, filed February 24, 2005 (Request for Waiver). 47 C.F.R. 1.3. >. 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para. 3
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- of Education, to Federal Communications Commission, filed June 7, 2004 (Request for Waiver). 47 C.F.R. 1.3. Id. The deadline for Funding Year 2003 applications was February 6, 2003. See SLD website, . 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para. 3
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2005. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application USAC Projections of Industry Revenues USAC submitted projected collected end-user telecommunications revenues for July through September 2005 based on
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2005. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application USAC Projections of Industry Revenues USAC submitted projected collected end-user telecommunications revenues for October through December 2005 based on
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- 54.313(d)(ii)-(iv). Section 54.314(d) sets out similar self-certification rules for rural carriers. 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See 47 C.F.R. 54.309. See Federal-State Joint Board on Universal Service, CC Docket
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2006. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application USAC Projections of Industry Revenues USAC submitted projected collected end-user telecommunications revenues for January through March 2006 based on
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- C.F.R. 1.47. Thus, the Division requested that Atlantic Digital file an amended appeal that fully conforms to the Commission's rules by August 12, 2004. See July 29, 2004 Letter at 1. An amended appeal would relate back to the date of the original filing. The Commission has not received an amended appeal from Atlantic Digital. See 47 C.F.R. 54.709(a)(3). Atlantic Digital Appeal at 1. See 47 C.F.R. 54.713. Thus, the Commission has given USAC the authority to assess late filing fees. Atlantic Digital Appeal at 1. Id. See 47 C.F.R. 1.7. See Instructions to the Telecommunications Reporting Worksheet, FCC Form 499-Q, at 7 (dated March 2001). Id. Id. See 47 C.F.R. 54.721(c); July 29, 2004 Letter
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2005. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application USAC Projections of Industry Revenues USAC submitted projected collected end-user telecommunications revenues for April through June 2005 based on
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- C.F.R. 54.314(a). See 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d)(1)-(4). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, the Universal Service Administrative Company (USAC) submits estimated demand for the universal service support mechanisms to the Commission two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the Commission on or around November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47 C.F.R.
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2006. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 546.201 16.299 (34.706) 6.540 534.334 Rural
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- 47 C.F.R. 54.314(b). 47 C.F.R. 54.313(d)(3)(i), 54.314(d)(1). See 47 C.F.R. 54.313(d)(3), 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Centennial Petition at 1. Id. at 4. See Centennial Petition at 5-6. Specifically,
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- Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Ninth Report and Order and Eighteenth Order on Reconsideration, 14 FCC Rcd 20432, 20483, para. 100 (1999). Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. Federal-State Joint Board on Universal Service, Pine Belt Cellular, Inc. and Pine Belt PCS,
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2006. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 543.032 19.468 (40.111) (41.416) 480.973
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- UUI to Unicom. Id. For purposes of this Order, we refer to YKHC's vendor as Unicom, the present contracting party. Request for Waiver at 2. Id. See USAC Letter at 2, 4. Request for Waiver at 3. See USAC Letter at 1. Id. Id. (retrieved Aug. 22, 2006). USAC Letter at 2; 47 C.F.R. 54.711(b); see 47 C.F.R. 54.709 (setting dates for contributor filings and determining the contribution factor). USAC Letter at 2. Id. See Request for Waiver. Request for Waiver at 1. Id. at 1, 5-7. 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio v. FCC, 418 F.2d 1153, 1157, (D.C. Cir. 1969), aff'd, 459
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- See Mescalero Order, 20 FCC Rcd 5848 (upholding a Bureau-level decision denying an Request for Review as untimely filed). See also Request for Waiver by Stephen-Argyle Central School District, Stephen, Minnesota, File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Com. Car. Bur. 2001); Petitions for Waiver or Reconsideration of Sections 54.706, 54.709 and/or 54.711 of the Commission's Rules, CC Docket 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para. 28 (1999). But see Request for Waiver filed by Greenfield Public School District, Shutesbury, Massachusetts, CC Docket No. 02-6, Order, DA 06-487 (Wireline Comp. Bur. rel. Feb. 28, 2006) (the Bureau granted a waiver request where
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2007. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 540.935 21.565 -37.527 -70.037 454.936
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- Force Order); 47 C.F.R. 54.314(b). 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. 47 C.F.R. 54.307(a). 47 C.F.R. 54.307(c). Prior to the Rural Task Force
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- 1-2. See also Letter of Appeal at 1-2. 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. Northeast Cellular, 897 F.2d at 1166. See, e.g., Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd. 20769, 20783, para. 28 (1999); Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-368262, 82100, 382102, 382121, 356136, 358015, 352661, 385183, 365017,
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2006. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 546.447 16.053 (40.515) (14.513) 507.472 Rural
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- Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, CC Docket 98-171, Report and Order 1999 WL 492955, FCC 99-175 (rel. July 14, 1999). Second Order on Reconsideration, 12 FCC Rcd at 18400, Appendix C. Federal-State Joint Board on Universal Service; Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc., CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947 (2000). Howe Affidavit at 1-2. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2007. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 539.152 23.348 -47.395 -3.883 511.222
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- 11244, 11318, para. 189 (2001) (Rural Task Force Order). See 47 C.F.R. 54.314(d) Id. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-2470 Released: June 11, 2007 WIRELINE COMPETITION BUREAU ANNOUNCES CARRYOVER OF UNUSED FUNDS FOR FUNDING YEAR 2007 CC Docket No. 02-6 Pursuant to section 54.709(a)(3) of the Commission's rules, on May 2, 2007, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USAC's projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2007. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 543.79 18.71 (53.42) (35.73) 473.35
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- Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 47 C.F.R. 54.713. Further, under the Commission's ``red light rule,'' action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2008. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 535.63 26.87 (47.65) (0.95) 513.90
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2008. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups FCC OIG Funds Transfer Total Program Collection Schools and Libraries 528.79
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1470 Released: June 23, 2008 CARRYOVER OF UNUSED FEDERAL UNIVERSAL SERVICE FUNDS FOR FUNDING YEAR 2008 CC Docket No. 02-6 Pursuant to section 54.709(a)(3) of the Commission's rules, on May 2, 2008, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the federal universal service fund for the third quarter of 2008. According to USAC's projections, $600 million in unused funds from Funding Years 2002 through 2004 is available to carry forward to increase disbursements to schools and libraries
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- Bur. 2007) (petitioners failed to show good cause for waiving the 45-day revision deadline); see also Request for Review by Advantage Telecommunications Corp. of Action by Universal Service Administrator, CC Docket No. 96-45, Order, 22 FCC Rcd. 5088 (Wireline Comp. Bur. 2007) (dismissing request as moot because petitioner's contribution had been corrected in the true-up process). See 47 C.F.R. 54.709(a)(3). See id. (...continued from previous page) (continued ...) Federal Communications Commission DA 08-1514 tm - A
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- contributor reporting requirements. Need: In implementing statutory requirements for the Universal Service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Numbers and Titles: 54.701 Administrator of universal service support mechanisms. 54.703 The Administrator's Board of Directors. 54.705 Committees of the Administrator's Board of Directors. 54.707 Audit controls. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. Contributor's failure to report or to contribute. PART 59-INFRASTRUCTURE SHARING Brief Description: These rules specify the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications facilities and functions
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a) (3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2008. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups FCC OIG Funds Transfer Total Program Collection Schools and Libraries
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2009. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 525.74 36.76 (21.10) (46.15) 495.25
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2008. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 532.53 29.97 (42.36) 2.57 522.71
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- 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 of disbursements during the
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2009. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 531.81 30.69 (10.06) 5.96 558.40
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- 47 U.S.C. 153(40). 47 U.S.C. 254(h)(2)(A). 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). 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 $10,000, that contributor is not required to contribute directly to the
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2009. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 542.16
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2010. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 544.31
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2009. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 523.76 38.74 (15.63) (9.80) 537.07
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2010. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income True-Ups and Other Adjustment Total Program Collection Schools and Libraries 539.36 23.14 (3.04) (3.35) 556.11
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- 54.314(b). 47 C.F.R. 54.314(d)(1); 47 U.S.C. 254(e). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission the estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the Commission on or before November 1. To submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47 C.F.R.
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- 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 on their invoices in November and February of each year and then makes payments shortly thereafter. Id. See Request
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-1243 Released: July 1, 2010 WIRELINE COMPETITION BUREAU ANNOUNCES CARRYOVER OF UNUSED SCHOOLS AND LIBRARIES UNIVERSAL SERVICE FUNDS FOR FUNDING YEAR 2010 CC Docket No. 02-6 Pursuant to section 54.709(a)(3) of the Commission's rules, on April 30, 2010, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the federal Universal Service Fund for the third quarter of 2010. According to USAC's projections, $900 million in unused funds from funding years 2002 and 2005 through 2008 is available to carry forward to increase disbursements to schools
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2010. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income True-Ups and Other Adjustment Total Program Collection Schools and Libraries 552.99 9.51 (3.36) (6.94) 552.20
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2011. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 543.31
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2010. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 543.58 18.92
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- percent contribution factor became final 14 days later, on June 26, 2009. Accordingly, the NASUCA request is moot. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4, 254, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154, 254, and 403, and pursuant to authority in sections 0.91, 0.291, and 54.709 of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 54.709, that the request filed by the National Association of State Utility Consumer Advocates on June 9, 2009 IS DENIED. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Jennifer K. McKee Acting
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- Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, 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). Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix C. Federal-State Joint Board on Universal Service; Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc., CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947 (2000). Alliance Request for Review at 3-6. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2011. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 543.86 18.64
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2011. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 544.20 18.30
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2012. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 542.47
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2011. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 543.30 19.20
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- Report and Order, 15 FCC Rcd at 1687, para. 19. 47 C.F.R. 54.712. The quarterly universal service contribution factor is determined by the Commission based on the ratio of total projected quarterly expenses of the universal service support mechanisms to the total projected collected end-user interstate and international telecommunications revenues, net of prior period actual contributions. 47 C.F.R. 54.709. 2002 Universal Service Contribution Methodology Order, 17 FCC Rcd at 24978, para. 51. Id. at paras. 49-50. Clear World Request for Review, Exh. E at 6 (USAC Audit). USAC Audit at 3-17. Id. at 4-10. Id. USAC submitted the initial draft audit findings to Clear World on January 27, 2009. Clear World responded on February 12, 2009 and USAC updated
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- Policy Division Wireline Competition Bureau Request for Review of Decision of the Universal Service Administrator by deltathree, Inc., WC Docket No. 06-122 (filed May 27, 2010). USAC had originally estimated deltathree's contribution obligations for each of the quarterly reporting periods at issue because deltathree had failed to timely file its FCC Forms 499-Q. See id. at 1-2; 47 C.F.R. 54.709(d). Federal-State Joint Board on Universal Service; 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms; Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990 Administration of the North American Numbering Plan and North
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2012. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 584.99
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- April 24, 2000.'' Amend footnote 427, third sentence, by inserting ``the'' between ``in'' and ``Modified Proposal'' and by replacing ``See CALLS ex parte statement of April 14, 2000'' with ``Letter from John T. Nakahata, Counsel to CALLS, to Jack Zinman, Legal Counsel, Common Carrier Bureau, FCC, April 14, 2000.'' Amend footnote 431, second sentence, by inserting ``'' between ``C.F.R.'' and ``54.709'' Amend footnote 438, second sentence, by deleting ``Fifth Report and Order'' between ``LECs'' and ``CC Docket'' Amend footnote 463 by replacing `` 69,156(a)'' with `` 69.156(a)'' Amend footnote 466 by replacing each time it appears ``USF'' with ``Universal Service Support'' Amend footnote 467, first sentence, by replacing `` 54.805'' with `` 54.805'' and by inserting ``'' between ``Original Proposal at''
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- Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45). Reply Comments on the Rural Task Force Recommendation - Competitive Universal Service Coalition, Reply Comments - SBC Communications, Inc., Sully Buttes Telephone Cooperative, Inc., AT&T Corporation, AT&T Comments on USF LAG FNPRM. In the Matter of Federal-State Joint Board on Universal Service/Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications Inc. d/b/a Oncor Communications, Inc. (CC Docket No. 96-45). Comments - WorldCom, Inc., Sprint Corporation, Network Operator Services, Inc., The United States Telecom Association. In the Matter of Amendments to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz (WT Docket No. 99-327).
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- Inc., The American Automobile Association, Request for Leave to File Late Reply Comments - The Automobile Club of Hartford, Inc. In the Matter of Access Charge Reform (CC Docket No. 96-262). Motion for Extension of Time - Allegiance Telecom, Inc. In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45)/Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. (CC Docket No. 96-45). Reply Comments - Sprint Corporation, The United States Telecom Association. In the Matter of WTB Seeks Comment on Petition for Declaratory ruling Concerning the Requirement for Good Faith Negotiations Among Economic Area Licensees and Incumbent Licensees in the Upper 200 Channels of
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- FCC, 5th Cir. No. 00-60434 (and consolidated cases) (2000). See 47 C.F.R. 54.809. Ninth Report and Order, 14 FCC Rcd at 20484 para. 98. See 47 C.F.R. 54.313(a). Rural Task Force Recommendation at 33. Id. See 47 U.S.C. 254(e). . Ninth Report and Order, 14 FCC Rcd at 20483 para. 97. Id. Id. . 47 C.F.R. 54.709(a)(3). The Commission uses those support requirements to establish a contribution factor for the upcoming quarter. See 47 C.F.R. 54.709(a). USAC then uses the contribution factor to bill carriers and collect the appropriate amount of support to fund the universal service programs. Id. See Appendix A for the relevant rules. See Seventh Report and Order, 14 FCC Rcd at 8115-16
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- issues affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. 151, et seq. 47 U.S.C. 254. See 47 C.F.R. 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum,
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to Section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2007. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 546.32 16.18 (51.88) (5.43) 505.19
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- as recovering contributions to the universal service support mechanisms, a situation known as "circularity."17 Specifically, to account for the inclusion 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service; 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms; Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990; Administration of the North American Numbering Plan
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- as recovering contributions to the universal service support mechanisms, a situation known as "circularity."17 Specifically, to account for the inclusion 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service; 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms; Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990; Administration of the North American Numbering Plan
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- Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service, et al, CC Docket
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- Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service, et al, CC Docket
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- Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service, et al, CC Docket
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- Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service, et al, CC Docket
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- would use these revenue totals along with total estimated program requirements to calculate the contribution factor.18 In anticipation of this 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 1 -7 double assessment, providers would frequently inflate their reported USF pass
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- would use these revenue totals along with total estimated program requirements to calculate the contribution factor.18 In anticipation of this 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 1 -7 double assessment, providers would frequently inflate their reported USF pass
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- assessment methodology to address declining revenues, the two main reasons cited by providers for marking up their pass through charges, the Commission adopted a rule requiring those contributors that recover their universal service contributions through a universal service line item to limit their recovery to the interstate portion of the customer's bill times the relevant contribution factor.21 17 47 C.F.R. 54.709(a)(3). 18 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 19 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 20 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos.
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- Intellicall Operator Services, Notice of Apparent Liability for Forfeiture, FCC 00-261 (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000. The limit contained in the text of the statute for each violation or each day of a continuing violation is $100,000, and
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- Notice of Apparent Liability for Forfeiture, FCC 00-276 (released August 1, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000 (``Bureau's February 2000 letter''). Letter from Charles H. Helein, Esq., counsel for ATNC, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau, dated February 25, 2000, citing Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (subsequent history
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- apparently liable for forfeiture for willful and repeated violations of 47 U.S.C. 254 and the Commission's rules governing universal service contributions. According to USAC's records, PTT has not paid any of its required universal service contributions. Consequently, PTT's unpaid contribution balance has grown to approximately $925,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. PTT has not done so, and we find that PTT's failures to make the required contributions are not only apparently willful and repeated but also apparently egregious and intentional. The term ``willful'' means that the violator knew that it was taking the action in question,
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- issues affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. 151, et seq. 47 U.S.C. 254. See 47 C.F.R. 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum,
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- FCC, 5th Cir. No. 00-60434 (and consolidated cases) (2000). See 47 C.F.R. 54.809. Ninth Report and Order, 14 FCC Rcd at 20484 para. 98. See 47 C.F.R. 54.313(a). Rural Task Force Recommendation at 33. Id. See 47 U.S.C. 254(e). . Ninth Report and Order, 14 FCC Rcd at 20483 para. 97. Id. Id. . 47 C.F.R. 54.709(a)(3). The Commission uses those support requirements to establish a contribution factor for the upcoming quarter. See 47 C.F.R. 54.709(a). USAC then uses the contribution factor to bill carriers and collect the appropriate amount of support to fund the universal service programs. Id. See Appendix A for the relevant rules. See Seventh Report and Order, 14 FCC Rcd at 8115-16
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Z Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition of Federal Transtel, Inc. for Waiver of the Universal Service Fund Contribution Requirements Under Sections 54.703, 54.709, and 54.711 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 AND ORDER ON RECONSIDERATION Adopted: September 18, 2001 Released: September 20, 2001 By the Commission: introduction In this Order, we deny the request of Federal Transtel, Inc. (Federal Transtel) to waive or reconsider the Commission's rules and permit Federal Transtel
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- through a separate monthly end-user charge, provided that no portion of such excess cost may be recovered through other common line access charges, or through Interstate Common Line Support. Section 69.131 is added as follows: 69.131 Universal service end user charges. To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to sections 54.706 and 54.709 of this chapter and the non-price cap local exchange carrier seeks to recover some or all of the amount of such contribution, the non-price cap local exchange carrier shall recover those contributions through a charge to end users other than Lifeline users. The charge to recover these contributions is not part of any other element established pursuant to part 69.
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- 2001). Sprint and WorldCom filed comments in response to USTA's petition on May 25, 2001. See Contribution Interval Order, 16 FCC Rcd at 5752, para. 10. A detailed description of how universal service contributions are calculated can be found in the Seventeenth Order on Reconsideration. See Federal-State Joint Board on Universal Service; Petitions for Waiver or Reconsideration of Section 54.706, 54.709, and/or 54.711 of the Commission's Rules, Memorandum Opinion Order and Seventeenth Order on Reconsideration, CC Docket No. 96-45, 15 FCC Rcd 20769 (1999). Contribution Interval Order, 16 FCC Rcd at 5753, para. 13. Contribution Interval Order, 16 FCC Rcd at 5751-52, para. 9. Contribution Interval Order, 16 FCC Rcd at 5752, para. 11. Carriers now file on a quarterly basis
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- Matrix Telecom, Inc., Notice of Apparent Liability for Forfeiture, FCC 00-262, (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter from Todd Murcer, Manager of Business Development, Matrix Telecom, Inc. to Suzanne M. Tetreault, Assistant Chief, Enforcement Bureau, dated May 30, 2000.
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit - - Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: February 9, 2001 Released: February 13, 2001 By the Commission: Commissioner Furchtgott-Roth issuing a separate statement. introduction In this Order, we deny the petition of Operator Communications, Inc. d/b/a Oncor
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- SHALL SEND a copy of this Report and Order and Order on Reconsideration to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A -FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart H - Administration Section 54.709 is amended by revising the fourth sentence of paragraph (a)(3) to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) * * * (3) * * * Based on data submitted to the Administrator on the Telecommunications Reporting Worksheets, the Administrator must submit the total contribution base to the Common Carrier Bureau at least
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- terms.). See Resale and Shared Use, 60 FCC 2d 261(1976), aff'd sub nom. AT&T v. FCC, 572 F.2d 17 (2d Cir.), cert. denied., 439 U.S. 895 (1978); Resale and Shared Use of Domestic Public Switched Network Services, 83 FCC 2d 167 (1980) recon. denied, 86 FCC 2d 820 (1981). 47 U.S.C. 254(d). 47 C.F.R. 54.706. 47 C.F.R. 54.709. The Commission has stated that merely combining telecommunications service with an enhanced service does not automatically deem the combined service enhanced. Rather, ``the issue is whether, functionally, the consumer is receiving two separate and distinct services.'' Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange
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- (c) of this section. If a Board member vacates his or her seat prior to the completion of his or her term, the Administrator will notify the Wireline Competition Bureau of such vacancy, and a successor will be chosen pursuant to the nomination and appointment process described in paragraph (c) of this section. * * * * * 93. Section 54.709 is amended by revising paragraph (a)(3) to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (3) Total projected expenses for the federal universal service support mechanisms for each quarter must be approved by the Commission before they are used to calculate the quarterly contribution factor and individual contributions. For each quarter, the Administrator must
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- shall be $2.25 billion per funding year. All funding authority for a given funding year that is unused in that funding year shall be carried forward into subsequent funding years for use in accordance with demand. All funds collected that are unused shall be applied to stabilize universal service contributions in accordance with the public interest and consistent with 54.709(b) for no more than three quarters, beginning with third quarter 2002. Beginning no later than second quarter 2003, all funds collected that are unused shall be carried forward into subsequent funding years for use in the schools and libraries support mechanism in accordance with the public interest and notwithstanding the annual cap. **** Delete (a)(1) **** Delete (a)(2) APPENDIX B
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- based only on such entity's projected collected interstate end-user telecommunications revenues, net of projected contributions. For purposes of this paragraph, an "entity" shall refer to the entity that is subject to the universal service reporting requirements in 47 CFR 54.711 and shall include all of that entity's affiliated providers of telecommunications services. * * * * * 2. Amend section 54.709 to revise paragraphs (a), (a)(1), and the first sentence of paragraph (a)(2) as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) Prior to April 1, 2003, contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and on a contribution factor determined quarterly by the Commission. Contributions to the mechanisms
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- providers based only on such entity's interstate end-user telecommunications revenues, net of prior period actual contributions. For purposes of this paragraph, an ``entity'' shall refer to the entity that is subject to the universal service reporting requirements in 47 C.F.R. 54.711 and shall include all of that entity's affiliated providers of telecommunications services. * * * * * 3. Section 54.709 is amended by revising paragraph (a), paragraph (a)(1) and the first sentence of paragraph (a)(2) to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) Contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and a contribution factor determined quarterly by the Commission. (1) For funding the federal
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- Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18427, at para. 49 (1997) (Second Order on Reconsideration). The Commission directed USAC to calculate an individual carrier's quarterly contribution by multiplying the carrier's universal service revenue base (i.e., interstate and international end-user telecommunications revenues) by the relevant universal service contribution factor. See 47 C.F.R. 54.709(a)(2). See also Federal-State Joint Board on Universal Service Access Charge Reform, CC Docket Nos. 96-45 and 96-262, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679 (2000). The contribution factor is based ``on the ratio of quarterly projected
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- C.F.R. 20.9(b)(1), 101.1013. See generally 47 U.S.C. 229, 1001 et seq.; 47 C.F.R. Part 64, Subparts V and W. See, e.g., 47 C.F.R. 1.815, 22.321. See generally 47 U.S.C. 225; 47 C.F.R. Part 64, Subpart F. See generally 47 U.S.C. 251(e); 47 C.F.R. Part 52. See generally 47 U.S.C. 254; 47 C.F.R. 54.706, 54.709. See generally 47 U.S.C. 159; 47 C.F.R. Part 1, Subpart G. We note that while Section 9 of the Communications Act, 47 U.S.C. 159, which prescribes the Commission's authority and obligation to collect regulatory fees, does not use the term ``licensee'' or ``carrier'' or any similar nomenclature, our orders prescribing regulatory fee amounts have used the term ``licensee''
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- C.F.R. 20.9(b)(1), 101.1013. See generally 47 U.S.C. 229, 1001 et seq.; 47 C.F.R. Part 64, Subparts V and W. See, e.g., 47 C.F.R. 1.815, 22.321. See generally 47 U.S.C. 225; 47 C.F.R. Part 64, Subpart F. See generally 47 U.S.C. 251(e); 47 C.F.R. Part 52. See generally 47 U.S.C. 254; 47 C.F.R. 54.706, 54.709. See generally 47 U.S.C. 159; 47 C.F.R. Part 1, Subpart G. We note that while Section 9 of the Communications Act, 47 U.S.C. 159, which prescribes the Commission's authority and obligation to collect regulatory fees, does not use the term ``licensee'' or ``carrier'' or any similar nomenclature, our orders prescribing regulatory fee amounts have used the term ``licensee''
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- No. 96-45, FCC 97-157 (rel. June 4, 1997), and Erratum, 13 FCC Rcd 24493 (1997), aff'd in part, rev'd in part, remanded in part sub nom, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000) (Universal Service Order). See 47 C.F.R. 54.706, 54.709. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 21252 (1998) (Interim CMRS Safe Harbor Order). See id. at 21258-60, paras. 13-15. Id. at 21258-59, para. 13. The interim safe harbor percentages for paging providers and SMR providers that do not primarily provide wireless telephony were
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- Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. 254(d). See Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9206-07, 843-44 (1997) (subsequent history omitted). As of April 1, 2003, carrier contributions are based on carriers projected, rather than historical, revenues. See infra note 31. 47 C.F.R. 54.706, 54.709. See Amendment of Parts 54 and 69 -- Changes to the Board of Directors of the National Exchange Carriers Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the
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- 2004, available at http://www.universalservice.org/overview/ filings (filed October 31, 2003) (USAC Filing for First Quarter 2004 Projections). See Appendix A. See Schools and Libraries Further Notice, 18 FCC Rcd at 9234 para. 96 . See, e.g., USAC Filing for First Quarter 2004 Projections at 30-32. See CoSN and ISTE FNPRM Comments at 3; EdLiNC FNPRM Comments at 1. See 47 C.F.R. 54.709. See Wireline Competition Bureau Announces No Change in Third Quarter 2002 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, 17 FCC Rcd 11128, 11129 (2002). See Schools and Libraries Further Notice, 18 FCC Rcd at 9233 para 94. See NAIS FNPRM Comments at 1. Consistent with the Schools and Libraries Order, all unused funds as of second quarter
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- private meeting is warranted. Should we adopt procedures and rules to identify appropriate instances of when the Administrator's Board of Directors may hold a closed sessions? If so, what should those instances be? Filing and Reporting Requirements. Under our rules, the Administrator must submit periodic reports to the Commission. Section 54.702(g) requires USAC to submit an annual audit report. Section 54.709(a) requires USAC to submit, 60 days prior to the start of the quarter, financial and accounting data, including projected administrative expenses and projected program demand (i.e., amount of moneys USAC expects to disburse in the upcoming quarter for each USF mechanism). Section 54.709(a) also requires USAC to submit, 30 days prior to the start of each quarter, its estimate of
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- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See 47 C.F.R. 64.604(c). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed
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- Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- is used by the Commission and its administrators to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- by the company and used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,''
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- is used by the Commission and its administrators to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,''
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- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,''
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- FCC Rcd at 11318, para. 189; 47 C.F.R. 54.314(b). 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Two months prior to the beginning of each quarter, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know no later than October 1 which carriers have been certified under the Commission's rules. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See, e.g.,
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- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893,19896, 5 (2003) (``Globcom NAL''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., Proposed Third Quarter 2003 Contribution
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- Rcd 14151 (2005) (``TMI NAL''). (last accessed November 25, 2005). See id.; Letter from Leon L .Nowalsky, Nowalsky, Bronston & Gothard, Counsel for Telecom Management, Inc., to Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, dated December 20, 2004 (``TMI December 20, 2004 Letter''), Response to Inquiry 5. 47 U.S.C. 254(d). 47 C.F.R. 54.706, 54.709. 47 C.F.R. 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 47 C.F.R. 54.711. See 47 C.F.R. 54.709(a). ces for Individuals with Hearing and Speech Disabilities, and
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- Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) (``LOI Response''). The Commission's rules specifically include OSPs and resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. See 47 C.F.R. 54.706(a)(3), (16). 47 U.S.C. 254(d). 47 C.F.R. 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 47 C.F.R. 54.711. See 47 C.F.R. 54.709(a). ce Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
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- because its sole underlying carrier, MCI, suspended service to Globcom. See Petition for Waiver of Section 63.71 and Section 63.19 of the Commission's Rules, dated November 1, 2005. The Commission's rules specifically include resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. 47 C.F.R. 54.706(a)(16). 47 C.F.R. 54.706, 54.709. Id. 64.604(c)(5)(iii)(A). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 47 C.F.R. 54.711. ng 47 U.S.C. 206-209, 312, 403, 503). sms, Telecommunications Services for Individuals with Hearing and
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- carrying out its mission to detect potential waste, fraud, and abuse in the USF. We therefore clarify that, going-forward, the OIG may use whatever type of audit it concludes would be better suited to evaluating USAC and its operations. We also clarify that the OIG may require the use of government auditing standards for these audits. Finally, we revise section 54.709 of our rules to require USAC to submit to the OMD projections of demand for USF support mechanisms, projections of revenue, projections of administrative expenses, and the contribution base. Contributions to the universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. We now revise our internal processes to require the OMD, instead of the
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- 54.903(a)(4). Because the effective date of this order falls during the last two quarters of the calendar year, the per-line ICLS in Anchorage is based on the actual common line cost and revenue data filed by ACS on December 31, 2006. Id. Therefore, we find it appropriate to set ICLS support at this rate. See 47 C.F.R. 54.706, 54.709. See Telecommunications Reporting Worksheet, FCC Form 499-A, Instructions at 25 (2007). ACS July 25, 2007 Ex Parte Letter at 4. See 47 C.F.R. 54.709 (contributions to the universal service fund are based on end-user telecommunications revenues). See id. 54.712. . Qwest Omaha Order, 20 FCC Rcd at 19435, para. 42. We note that although the Wireline Broadband Internet
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- that contributor's filing of an inaccurate or untruthful worksheet, failure to file a worksheet, or late payment of contributions.'') Id. See http://www.universalservice.org/fund-administration/contributors/revenue -reporting/late-filing-fees.aspx. A debtor that makes a payment late in effect unilaterally receives an extension of credit, which may or may not be accompanied by financial consequences, depending on the relative actions by the creditor. See 47 C.F.R. 54.709(a). See ``2006 FCC Form 499-A, Telecommunications Reporting Worksheet'' at Instructions-page 1 ``Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms,'' http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf (``2006 Telecommunications Reporting Worksheet Instructions''). 47 C.F.R. 54.711(a). Contributors must pay by the due date shown on the invoice from the Administrator. 47 C.F.R.
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- 96-45, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002) (Contribution Methodology Proceeding)); see id. at 7298-99, para. 23; see also Universal Service Contribution Methodology, WC Docket Nos. 06-122, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006). 47 U.S.C. 160(a). See 47 U.S.C. 160(a)(1). See 47 C.F.R. 54.709; 64.604(c)(5)(iii)(B); see also Prepaid Calling Card Order, 21 FCC Rcd at 7299, para. 25. The USF assessment is determined quarterly as a percentage of projected end-user interstate and international revenues. Proposed First Quarter 2007 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 06-2506 (rel. Dec. 13, 2006) (announcing a USF Contribution Factor of 9.7% for the first
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- 96-45 WC Docket No. 03-133 ORDER Adopted: May 9, 2007 Released: May 11, 2007 By the Commission: In this Order (Order), pursuant to section 1.429 of the Commission's rules, we dismiss the Expedited Petition to Reduce or Adjust the Proposed Fourth Quarter Contribution Factor filed by WilTel Communications, LLC (``WilTel''). Specifically, we find that the Petition was untimely filed. Section 54.709 of the Commission's rules directs the universal service fund (USF) Administrator (i.e., the Universal Service Administrative Company or USAC), to provide the Commission, on a quarterly basis, with projections of the demand for the universal service support mechanisms and the contribution base. The Commission uses that information to determine the quarterly contribution factor for the USF. Section 54.709 further states
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- gross-billed revenue. Interim Contribution Order, 17 FCC Rcd at 24969-74, 29-39. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 64 C.F.R. 64.604(c)(5)(iii)(B). See 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due
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- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). As of April 1, 2003, USAC bases a carrier's universal service obligation on the carrier's projected collected revenue rather than its historic gross-billed revenue. See Interim Contribution Order, 17 FCC Rcd at 24969-74, 29-39. 47 C.F.R. 54.713. Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act). See Telecommunications Relay Services
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- 1, 2003, USAC bases a contributor's universal service obligation on the contributors' projected collected revenue rather than its historic gross-billed revenue. Interim Contribution Order, 17 FCC Rcd at 24969-74 29-39. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Quarterly Reporting Order, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 47 C.F.R. 64.604(c)(5)(iii)(B). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45,
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- a quarterly interim cap amount of $20 million, USAC should project demand for that state at $20 million, even if disbursements based on the Commission's rules and Verizon Wireless's and Sprint Nextel's merger commitments are projected to be only $15 million. Any reclaimed support will be placed in reserve as discussed above. Second, on an interim basis, we waive section 54.709(b), which requires that USAC account for any difference between its projected revenue requirements and its actual revenue requirements as a prior period adjustment in the next quarterly demand filing. We find that there is good cause to waive section 54.709(b) on an interim basis. Specifically, we find that the public interest is served by temporarily reserving these funds as a
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-155A1_Rcd.pdf
- quarterly interim cap amount of $20 million, USAC should project demand for that state at $20 million, even if disbursements based on the Commission's rules and Verizon Wireless's and Sprint Nextel's merger commitments are projected to be only $15 million. Any reclaimed support will be placed in reserve as discussed above. 22. Second, on an interim basis, we waive section 54.709(b), which requires that USAC account for any difference between its projected revenue requirements and its actual revenue requirements as a prior period adjustment in the next quarterly demand filing.45We find that there is good cause to waive section 54.709(b) on an interim basis.46Specifically, we find that the public interest is served by temporarily reserving these funds as a down payment
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- paras. 26, 39. High-Cost Universal Service Support, Federal-State Joint Board on Universal Service, Request for Review of Decision of Universal Service Administrator by Corr Wireless Communications, LLC, WC Docket No. 05-337, CC Docket No. 96-45, Order and Notice of Proposed Rulemaking, FCC 10-155, paras. 23-25 (rel. September 3, 2010) (September 2010 NPRM). The Commission also waived, for 18 months, section 54.709(b) of the Commission's rules to enable it to direct USAC to reserve reclaimed funds as the Commission moves forward with broadband universal service reform, and also sought comment on amending the rule on a permanent basis. Section 54.709(b) requires that USAC account for any difference between its projected revenue requirements and its actual revenue requirements as a prior period adjustment
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- also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- Second Quarter 2010 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 10-427 (OMD rel. Mar. 12, 2010). Because the Commission took no action regarding the projections of demand and administrative expenses and the proposed contribution factor within the 14-day period following release of the Public Notice, they were deemed approved by the Commission. See 47 C.F.R. 54.709(a)(3). See Peter Bluhm, Phyllis Bernt, PhD, and Jing Liu, State High-Cost Funds: Purposes, Design and Evaluation, National Regulatory Research Institute (Jan. 15, 2010) (finding that 21 states have established high-cost universal service funds). Texas Universal Service Fund (TUSF) at http://www.puc.state.tx.us/ocp/telephone/telefacts/USF.PDF (last visited Mar. 1, 2010). About the Colorado Public Utilities Commission Telecommunications Universal Service Fund - High-Cost Support Mechanism at
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- also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- to rates in urban areas); see also Broadband Data NPRM, FCC 11-14, at paras. 66-76 (seeking comment on whether and how the Commission should collect price data). Contributions are assessed on the basis of a contributor's projected collected interstate and international end-user telecommunications revenues, based on a percentage or ``contribution factor'' that is calculated every quarter. See 47 C.F.R. 54.709. A contributor may recover the costs of universal service contributions by passing an explicit charge through to its customers. 47 CFR 54.712(a). See Qwest II Remand Order, 25 FCC Rcd at 4088, para. 29 (explaining that the Commission could not be a prudent guardian of the public's resources without taking into account the costs of universal service, alongside the
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- that budget target. Specifically, we adopt a framework that will permit the universal service fund to accumulate reserves in the near term to be used to facilitate the transition to the CAF and to fund one-time universal service expenses, such as the Mobility Fund Phase I, without causing undesirable volatility in the contribution factor. To do this, we amend section 54.709(b), giving the Commission greater flexibility to direct USAC to manage collections to mitigate fluctuations in the contribution factor. Using this new flexibility, we then provide instruction to USAC to set quarterly demand filings so that consumers collectively do not contribute more than $4.5 billion on an annual basis to support service in rural and high cost areas. We also provide
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- See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based on quarterly filings are subject to an annual true-up. 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- that we take this matter up for Commission action. I look forward to working with all interested parties to complete this proceeding in a timely fashion. See Joint Statement on Broadband, GN Docket No. 10-66, Joint Statement on Broadband, 25 FCC Rcd 3420, 3421 (2010) (identifying comprehensive universal service reform as an essential goal for the Commission). 47 C.F.R. 54.709(a)(2). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011) (USF/ICC Transformation Order and FNPRM), pets. for review pending sub nom. In re: FCC 11-161, No. 11-9900 (10th Cir. filed Dec. 8, 2011); Lifeline and Link Up Reform and Modernization Order et al., WC
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- 119 See NANP Order, 11 FCC Rcd 2588. 120 See LNP Order and Further Notice, 11 FCC Rcd 8352. 121 We note that payments to the universal service support mechanisms are not filed with the Universal Service Worksheet. Instead, the universal service rules state that "[t]he administrator shall bill contributors and collect contributions on a quarterly basis." 47 C.F.R. 54.709(a)(4). 31 Federal Communications Commission FCC 98-233 collection functions? Would the ability to file a single check for multiple funding purposes benefit contributors? Would such a proposal create any risks or cause significant increases in administrative costs? We ask commenters to address any rule changes that would be necessary, so that the Commission might permit contributors to send only one check,
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- issues affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. 151, et seq. 47 U.S.C. 254. See 47 C.F.R. 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum,
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- of paragraph (b) to read as follows: * * * * * (b) * * * Absent documentation justifying the amount of universal service support requested for health care providers participating in a consortium, the Rural Health Care Corporation shall not 5 allow telecommunications carriers to offset, or receive reimbursement for, the amount eligible for universal service support. 13. Sections 54.709-54.715 are added to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) Contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and contribution factors determined quarterly by the Administrator. (1) For funding the schools and libraries and rural health care programs, the subject revenues will be contributors' interstate,
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- U.S. 957 (1979). 2. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 3. NECA Report and Order at para. 30. 4. NECA Report and Order at para. 57. 5. 47 C.F.R. 54.709(a)(3). On October 31, 1997, USAC, Schools and Libraries Corporation, and Rural Health Care Corporation submitted projections of demand and administrative expenses for their respective programs for the first quarter of 1998. Those figures were published in a public notice issued November 13, 1997. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (Acct. and Aud. rel. Nov. 13,
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- at an annual rate of pay, including any non-regular payments, bonuses, or other compensation, that does not exceed the rate of basic pay in effect for level I of the Executive Schedule under section 5312 of Title 5 of the United States Code.6 This rule will take effect on July 1, 1998. Finally, we reconsider, on our own motion, section 54.709 of the Commission's rules, which governs the date on which proposed universal service contribution factors become effective and eliminates the requirement that proposed contribution factors be published in the Federal Register. We conclude that, in the absence of further Commission action, the proposed contribution factors set forth in a Public Notice will be deemed approved 14 days after release of
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- a line port used for basic, analog service, local exchange carriers may recover the difference through a separate monthly end-user charge. As of June 30, 2000, these rates will be capped until June 30, 2005. 69.158 Universal Service End User Charges To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to 54.706 and 54.709 of this chapter and the incumbent LEC seeks to recover some or all of the amount of such contribution, the incumbent LEC shall recover those contributions through a charge to end users other than Lifeline users. These contributions are not a part of any price cap baskets, and the charge to recover these contributions is not part of any other
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- Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (rel. Nov. 13, 1997). On November 19, 1997, AT&T filed comments on the November 13th Public Notice. See Letter from Rick D. Bailey, AT&T, to Magalie Roman Salas, FCC, dated November 19, 1997. 11. 47 C.F.R. 54.709(a)(3).
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- Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96- 45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6 NECA Report and Order at para. 57. 7 NECA Report and Order at para. 47. 8 NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9 NECA Report and Order at para. 48. 10 Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97- 411 (rel. Dec. 16, 1997). 11 First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97- 2623 (rel. December 16, 1997). 2 On July 18, 1997, the Commission released
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- Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97-411 (rel. Dec. 16, 1997). 11. First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97-2623 (rel. December 16, 1997). 12. Because this table lists expenses, positive income flows are
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- parties, in response to the Windows Public Notice, have already suggested ways to prioritize distribution of funds if necessary. See Common Carrier Bureau Seeks Comment on Universal Service Support Distribution Options for Schools, Libraries, and Rural Health Care Providers, Public Notice, CC Docket No. 96-45, DA 97-1957 (rel. Sept. 10, 1997) (Windows Public Notice). 19 Pursuant to 47 C.F.R. 54.709(a), the Common Carrier Bureau released a Public Notice today announcing the proposed contribution factors for the third quarter. See Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, DA 98-856, Public Notice (rel. May 13, 1998). 20 5 U.S.C. 804(2)(exempting such rules from definition of "major rule"); see also 5 U.S.C. 801(a)(3)(only major rules
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, Public Notice, DA 98-856 (rel. May 13, 1998) (May 13th Public Notice). On May 22, 1998, the Cellular Telecommunications Industry Association and Comcast filed comments on the May 13th Public Notice. 2 47 C.F.R. 54.709(a)(3). Pursuant to section 54.709(a)(3), if the Commission takes no action regarding the proposed quarterly contribution factors within the 14-day period following publication of the factors in the Federal Register, the proposed factors shall be deemed approved by the Commission. The May 13th Public Notice was published in the Federal Register on May 26, 1998. The Division stated in the May
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- the approved third quarter 1998 universal service contribution factors that USAC shall use to calculate third quarter universal service contributions. USAC will bill and collect these contributions on a monthly basis.[21]^(17) For further information, contact Lori Wright, Accounting Policy Division, Common Carrier Bureau, at (202) 418-7400. -- Action by the Acting Chief, Common Carrier Bureau -- _____________________ 1. 47 C.F.R. 54.709(a). 2. Proposed Third Quarter Universal Service Contribution Factors Announced, Public Notice, DA 98-856 (rel. May 13, 1998) (May 13th Public Notice). On May 22, 1998, the Cellular Telecommunications Industry Association (CTIA) and Comcast filed comments on the May 13th Public Notice. 3. Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, 63 Fed. Reg. 28,510 (May
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- replace the effective date "March 13, 1998" with "March 19, 1998."[4]^(2) For further information, contact Sheryl Todd or Frances Downey, Universal Service Branch, Accounting and Audits Division, Common Carrier Bureau, at (202) 418-7400. _____________________ 1. Proposed Second Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, Public Notice, DA 98-413 (rel. Feb. 27, 1998). 2. Pursuant to section 54.709 of the Commission's rules, the announced contribution factors will take effect 14 days from the date of publication in the Federal Register unless the Commission takes action before that date. 47 C.F.R. 54.709(a)(3). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.wp 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.html#N_2_
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- American Telephone Network, LLC, 15 FCC Rcd 14022 (Enf. Bureau 2000) (``NAL''). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). NATN paid approximately $186,000 in universal service contributions in 1998 but nothing further until March 2000. According to USAC, NATN's total liability through January 2000 exceeded $1.1 million. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000 (``February 2000 letter''). Letter from Kay P. Shihata, CPA, Accounting Manager, North American Telephone Network
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- Advanced paid some, but not all, of its required universal service contributions. From October 1999 to the present, Advanced has made one payment of less than $9,000. Consequently, Advanced is more than a year in arrears and its unpaid contribution balance has grown to more than $260,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. Advanced has not done so, and we find that Advanced's failures to make the required contributions are both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's
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- Matrix Telecom, Inc., Notice of Apparent Liability for Forfeiture, FCC 00-262, (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter from Todd Murcer, Manager of Business Development, Matrix Telecom, Inc. to Suzanne M. Tetreault, Assistant Chief, Enforcement Bureau, dated May 30, 2000.
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- apparently liable for forfeiture for willful and repeated violations of 47 U.S.C. 254 and the Commission's rules governing universal service contributions. According to USAC's records, PTT has not paid any of its required universal service contributions. Consequently, PTT's unpaid contribution balance has grown to approximately $925,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. PTT has not done so, and we find that PTT's failures to make the required contributions are not only apparently willful and repeated but also apparently egregious and intentional. The term ``willful'' means that the violator knew that it was taking the action in question,
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- Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 5 47 U.S.C. 254(d). 6 See Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9206-07, 843-44 (1997) (subsequent history omitted). As of April 1, 2003, carrier contributions are based on carriers projected, rather than historical, revenues. See infra note 31. 7 47 C.F.R. 54.706, 54.709. 8 See Amendment of Parts 54 and 69 -- Changes to the Board of Directors of the National Exchange Carriers Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 9 Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act).
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- that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's agreement
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- Service, Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 16Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 17See 47 C.F.R. 64.604(c). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003
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- Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 26 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 27 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- and is used by the Commission and its administrators to track the carrier's contributions and invoices. 22Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 23 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
- filings by the company and used to track the carrier's contributions and invoices. 17Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice,
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
- by the company and is used to track the carrier's contributions and invoices. 7Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 8See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice,
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
- has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 12 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 13 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 18 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 19 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
- is used by the Commission and its administrators to track the carrier's contributions and invoices. 15 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 16 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 14 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 15 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893,19896, P 5 (2003) ("Globcom NAL"); 47 C.F.R. S 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., Proposed Third Quarter 2003 Contribution
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
- (2005) ("TMI NAL"). See [1]http://support.pioneertelephone.com/test/support.asp?kb=42 (last accessed November 25, 2005). See id.; Letter from Leon L .Nowalsky, Nowalsky, Bronston & Gothard, Counsel for Telecom Management, Inc., to Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, dated December 20, 2004 ("TMI December 20, 2004 Letter"), Response to Inquiry 5. 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. 47 C.F.R. SS 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
- Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) ("LOI Response"). The Commission's rules specifically include OSPs and resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. See 47 C.F.R. S 54.706(a)(3), (16). 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
- because its sole underlying carrier, MCI, suspended service to Globcom. See Petition for Waiver of Section 63.71 and Section 63.19 of the Commission's Rules, dated November 1, 2005. The Commission's rules specifically include resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. 47 C.F.R. S 54.706(a)(16). 47 C.F.R. SS 54.706, 54.709. Id. S 64.604(c)(5)(iii)(A). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See FCC Form 499-A Telecommunications Reporting Worksheet - Annual Filing, http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf (April 2003) ("Annual Worksheet"). See Federal-State
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
- Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) ("Carrier Selection Order"). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S: 54.709(a). 47 C.F.R. S: 54.713. Further, under the Commission's "red light rule," action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
- for the prior quarter by the beginning of the second month in each quarter (i.e., February 1, May 1, August 1, and November 1). See Quarterly Reporting Order, 16 FCC Rcd at 5755, P 19 & n.32. See FCC Form 499-Q Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (April 2003) ("Quarterly Worksheet"). See 47 C.F.R. S 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
- for the prior quarter by the beginning of the second month in each quarter (i.e., February 1, May 1, August 1, and November 1). See Quarterly Reporting Order, 16 FCC Rcd at 5755, P 19 & n.32. See FCC Form 499-Q Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (April 2003) ("Quarterly Worksheet"). See 47 C.F.R. S 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
- See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026. See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S: 54.709(a). As of April 1, 2003, USAC bases a carrier's universal service obligation on the carrier's projected collected revenue rather than its historic gross-billed revenue. See Interim Contribution Order, 17 FCC Rcd at 24969-74, P:P: 29-39. 47 C.F.R. S: 54.713. Pub. L. No. 101-336, S: 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act). See Telecommunications Relay Services
- http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
- and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 P:P: 63-64. 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
- http://transition.fcc.gov/eb/Orders/da001746.doc http://transition.fcc.gov/eb/Orders/da001746.txt
- As of July 1, 2000, including late payment and filing penalties, the amount NATN owes exceeds $800,000. III. DISCUSSION 5. We conclude that NATN is apparently liable for forfeiture for willful and repeated violations of section 254 of the Act and the Commission's rules governing universal service contributions. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. The record before us reflects that although NATN made two universal service payments in 1998, it made no payments between November 1998 and February 2000. Moreover, during this period, NATN apparently received, but ignored, USAC's invoices, and consistently failed to respond
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- May, and June. III. DISCUSSION 5. We conclude that Intellicall is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1998, Intellicall has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Intellicall's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://transition.fcc.gov/eb/Orders/fcc00262.doc http://transition.fcc.gov/eb/Orders/fcc00262.txt
- since May 2000. III. DISCUSSION 5. We conclude that Matrix is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1999, Matrix has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Matrix's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://transition.fcc.gov/eb/Orders/fcc00276.doc http://transition.fcc.gov/eb/Orders/fcc00276.txt
- section 254 of the Act and the Commission's rules governing universal service contributions. From February 1998 until May 2000, ATNC failed to pay any portion of its universal service obligations. Beginning in May 2000, ATNC has paid a little more than 25 percent of the total amount owed. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that ATNC's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://transition.fcc.gov/eb/Orders/fcc00390.doc http://transition.fcc.gov/eb/Orders/fcc00390.html http://transition.fcc.gov/eb/Orders/fcc00390.txt
- Intellicall Operator Services, Notice of Apparent Liability for Forfeiture, FCC 00-261 (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000. The limit contained in the text of the statute for each violation or each day of a continuing violation is $100,000, and
- http://transition.fcc.gov/eb/Orders/fcc00423.doc http://transition.fcc.gov/eb/Orders/fcc00423.html http://transition.fcc.gov/eb/Orders/fcc00423.txt
- Notice of Apparent Liability for Forfeiture, FCC 00-276 (released August 1, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000 (``Bureau's February 2000 letter''). Letter from Charles H. Helein, Esq., counsel for ATNC, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau, dated February 25, 2000, citing Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (subsequent history
- http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.wp
- 119 See NANP Order, 11 FCC Rcd 2588. 120 See LNP Order and Further Notice, 11 FCC Rcd 8352. 121 We note that payments to the universal service support mechanisms are not filed with the Universal Service Worksheet. Instead, the universal service rules state that "[t]he administrator shall bill contributors and collect contributions on a quarterly basis." 47 C.F.R. 54.709(a)(4). 31 Federal Communications Commission FCC 98-233 collection functions? Would the ability to file a single check for multiple funding purposes benefit contributors? Would such a proposal create any risks or cause significant increases in administrative costs? We ask commenters to address any rule changes that would be necessary, so that the Commission might permit contributors to send only one check,
- http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99235.doc
- incumbent LEC." A price cap LEC may not elect to participate in this support mechanism unless it also elects to participate in the interstate access charge rules described in Parts 61.--- and 69.---. Nothing in this subsection alters a carrier's obligation, or the obligations of providers of interstate telecommunications, to contribute to universal service support pursuant to Section 54.706 and 54.709. Support that would be provided, if such incumbent LECs participated in this Subpart, to areas served by price cap incumbent LECs not electing to participate in this Subpart will not be distributed or collected. In the event that all or a portion of a study area served by a participating price cap LEC is sold to an entity other than
- http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2000/fcc00359.doc
- Content-Type: text/plain Content-Transfer-Encoding: 8bit w w w Before the Federal Communications Commission Washington, DC 20554 In the Matters of ) ) Federal-State Joint Board on ) CC Docket No. 96-45 Universal Service ) ) Petition for Forbearance from ) Enforcement of Sections 54.709 and 54.711 ) of the Commission's Rules by ) ) Operator Communications, Inc. ) d/b/a Oncor Communications, Inc. ) further Notice of proposed rulemaking and ORder Adopted: October 2, 2000 Released: October 12, 2000 Comment Date: 21 days after publication in the Federal Register Reply Comment Date: 35 days after publication in the Federal Register By the Commission: INTRODUCTION In
- 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
- issues affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. 151, et seq. 47 U.S.C. 254. See 47 C.F.R. 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
- of paragraph (b) to read as follows: * * * * * (b) * * * Absent documentation justifying the amount of universal service support requested for health care providers participating in a consortium, the Rural Health Care Corporation shall not 5 allow telecommunications carriers to offset, or receive reimbursement for, the amount eligible for universal service support. 13. Sections 54.709-54.715 are added to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) Contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and contribution factors determined quarterly by the Administrator. (1) For funding the schools and libraries and rural health care programs, the subject revenues will be contributors' interstate,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97411.wp
- U.S. 957 (1979). 2. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 3. NECA Report and Order at para. 30. 4. NECA Report and Order at para. 57. 5. 47 C.F.R. 54.709(a)(3). On October 31, 1997, USAC, Schools and Libraries Corporation, and Rural Health Care Corporation submitted projections of demand and administrative expenses for their respective programs for the first quarter of 1998. Those figures were published in a public notice issued November 13, 1997. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (Acct. and Aud. rel. Nov. 13,
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98120.wp
- at an annual rate of pay, including any non-regular payments, bonuses, or other compensation, that does not exceed the rate of basic pay in effect for level I of the Executive Schedule under section 5312 of Title 5 of the United States Code.6 This rule will take effect on July 1, 1998. Finally, we reconsider, on our own motion, section 54.709 of the Commission's rules, which governs the date on which proposed universal service contribution factors become effective and eliminates the requirement that proposed contribution factors be published in the Federal Register. We conclude that, in the absence of further Commission action, the proposed contribution factors set forth in a Public Notice will be deemed approved 14 days after release of
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99175.pdf
- July 17, 1998). 66 See Petitions for Waiver of Section 54.703 Filed by: Gateway USA Holding Company, Inc., Cosmos Telecom Marketing, Inc., Sitel, Inc., Microdevices Worldwide Inc., Startec Global Communications Corporation, Public Notice, DA 98-865 CC Docket No. 96-45, 13 FCC Rcd 9420 (rel. May 8, 1998). 67 See Universal Service Order, 12 FCC Rcd 8776, 9174; 47 C.F.R. 54.709(a)(1). 15 revenue from non-contributing resellers, and for reporting revenue where affiliates have interstate revenues, each of these policies was previously incorporated in the relevant worksheets and furthers a particular accounting or auditing goal. We observe that none of these policies were highlighted in the Notice because our primary goal in this proceeding was to facilitate the consolidation of the various
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002701.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002701.txt
- discounts for eligible services bundled with ineligible services, the instructions also require applicants to apportion the costs of eligible and ineligible services. See Letter of Appeal at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. 54.504(c); 54.709(c). (continued....) Federal Communications Commission DA 00-2701 Federal Communications Commission DA 00-2701 / `` @ @& 0 0 0 0 0 0
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00118.doc
- (PCIA) filed a petition seeking, inter alia, clarification of whether universal service charges that carriers recover from their customers would be included in carriers' end-user telecommunications revenues for purposes of determining carriers' contribution bases. . In the universal service Second Order on Reconsideration, the Commission adopted a rule setting forth the method of computation for universal service contributions. Specifically, section 54.709(a) of the Commission's rules provides, in relevant part, that contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and a contribution factor determined quarterly by the Administrator, the Universal Service Administrative Company (USAC). The rule further provides that the quarterly universal service contribution factor shall be based on the ratio of total projected quarterly
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- a line port used for basic, analog service, local exchange carriers may recover the difference through a separate monthly end-user charge. As of June 30, 2000, these rates will be capped until June 30, 2005. 69.158 Universal Service End User Charges To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to 54.706 and 54.709 of this chapter and the incumbent LEC seeks to recover some or all of the amount of such contribution, the incumbent LEC shall recover those contributions through a charge to end users other than Lifeline users. These contributions are not a part of any price cap baskets, and the charge to recover these contributions is not part of any other
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: February 9, 2001 Released: February 13, 2001 By the Commission: Commissioner Furchtgott-Roth issuing a separate statement. introduction In this Order, we deny the petition of Operator Communications, Inc. d/b/a Oncor
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- SHALL SEND a copy of this Report and Order and Order on Reconsideration to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A -FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart H - Administration Section 54.709 is amended by revising the fourth sentence of paragraph (a)(3) to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) * * * (3) * * * Based on data submitted to the Administrator on the Telecommunications Reporting Worksheets, the Administrator must submit the total contribution base to the Common Carrier Bureau at least
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- FCC, 5th Cir. No. 00-60434 (and consolidated cases) (2000). See 47 C.F.R. 54.809. Ninth Report and Order, 14 FCC Rcd at 20484 para. 98. See 47 C.F.R. 54.313(a). Rural Task Force Recommendation at 33. Id. See 47 U.S.C. 254(e). . Ninth Report and Order, 14 FCC Rcd at 20483 para. 97. Id. Id. . 47 C.F.R. 54.709(a)(3). The Commission uses those support requirements to establish a contribution factor for the upcoming quarter. See 47 C.F.R. 54.709(a). USAC then uses the contribution factor to bill carriers and collect the appropriate amount of support to fund the universal service programs. Id. See Appendix A for the relevant rules. See Seventh Report and Order, 14 FCC Rcd at 8115-16
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.txt
- Content-Type: text/plain Content-Transfer-Encoding: 8bit - - - - - - Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition of Federal Transtel, Inc. for Waiver of the Universal Service Fund Contribution Requirements Under Sections 54.703, 54.709, and 54.711 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 AND ORDER ON RECONSIDERATION Adopted: September 18, 2001 Released: September 20, 2001 By the Commission: introduction In this Order, we deny the request of Federal Transtel, Inc. (Federal Transtel) to waive or reconsider the Commission's rules and permit Federal Transtel
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- Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (rel. Nov. 13, 1997). On November 19, 1997, AT&T filed comments on the November 13th Public Notice. See Letter from Rick D. Bailey, AT&T, to Magalie Roman Salas, FCC, dated November 19, 1997. 11. 47 C.F.R. 54.709(a)(3).
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- Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96- 45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6 NECA Report and Order at para. 57. 7 NECA Report and Order at para. 47. 8 NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9 NECA Report and Order at para. 48. 10 Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97- 411 (rel. Dec. 16, 1997). 11 First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97- 2623 (rel. December 16, 1997). 2 On July 18, 1997, the Commission released
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html
- Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97-411 (rel. Dec. 16, 1997). 11. First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97-2623 (rel. December 16, 1997). 12. Because this table lists expenses, positive income flows are
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 47 C.F.R. 54.709(a). 2 Because this table lists expenses, positive income flows are denoted with parentheses. 3 SLC projected that the funding demand for the schools and libraries program for the third quarter of 1998 would be $690 million. See Letter from Ira Fishman, SLC, to Magalie Roman Salas, FCC, dated May 11, 1998. 4 SLC reported that interest earned in the third
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- parties, in response to the Windows Public Notice, have already suggested ways to prioritize distribution of funds if necessary. See Common Carrier Bureau Seeks Comment on Universal Service Support Distribution Options for Schools, Libraries, and Rural Health Care Providers, Public Notice, CC Docket No. 96-45, DA 97-1957 (rel. Sept. 10, 1997) (Windows Public Notice). 19 Pursuant to 47 C.F.R. 54.709(a), the Common Carrier Bureau released a Public Notice today announcing the proposed contribution factors for the third quarter. See Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, DA 98-856, Public Notice (rel. May 13, 1998). 20 5 U.S.C. 804(2)(exempting such rules from definition of "major rule"); see also 5 U.S.C. 801(a)(3)(only major rules
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981094.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981094.wp
- Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, Public Notice, DA 98-856 (rel. May 13, 1998) (May 13th Public Notice). On May 22, 1998, the Cellular Telecommunications Industry Association and Comcast filed comments on the May 13th Public Notice. 2 47 C.F.R. 54.709(a)(3). Pursuant to section 54.709(a)(3), if the Commission takes no action regarding the proposed quarterly contribution factors within the 14-day period following publication of the factors in the Federal Register, the proposed factors shall be deemed approved by the Commission. The May 13th Public Notice was published in the Federal Register on May 26, 1998. The Division stated in the May
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981098.pdf
- Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9173 at 777 (rel. May 8, 1997) (Report and Order), consolidated appeals pending sub nom. Texas Office of Public Utility Counsel v. FCC, Civ. No. 97-60421 (5th Cir.); 47 C.F.R. 54.703. 2 Report and Order 780; 47 C.F.R. 54.703. 3 47 C.F.R. 54.709, 54.711. News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 98-1098 Released: June 9, 1998 MOBILETEL, INC. PETITION FOR PARTIAL WAIVER PLEADING CYCLE ESTABLISHED CC Docket No. 96-45 Comment Date: June 23, 1998 Reply Comment Date: June 30, 1998 In the May 8,
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- the approved third quarter 1998 universal service contribution factors that USAC shall use to calculate third quarter universal service contributions. USAC will bill and collect these contributions on a monthly basis.[21]^(17) For further information, contact Lori Wright, Accounting Policy Division, Common Carrier Bureau, at (202) 418-7400. -- Action by the Acting Chief, Common Carrier Bureau -- _____________________ 1. 47 C.F.R. 54.709(a). 2. Proposed Third Quarter Universal Service Contribution Factors Announced, Public Notice, DA 98-856 (rel. May 13, 1998) (May 13th Public Notice). On May 22, 1998, the Cellular Telecommunications Industry Association (CTIA) and Comcast filed comments on the May 13th Public Notice. 3. Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, 63 Fed. Reg. 28,510 (May
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981649.html http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981649.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981649.wp
- the 14-day period following release of this Public Notice, the projections shall be deemed approved by the Commission and shall be used by USAC to calculate third quarter universal service contributions.[12]^(9) For further information, contact Lori Wright, Accounting Policy Division, Common Carrier Bureau, at (202) 418-7400. -- Action by the Chief, Accounting Policy Division -- _____________________ 1. See 47 C.F.R. 54.709(a). 2. Because this table lists expenses, positive income flows are denoted with parentheses. 3. SLC reported that interest earned in the fourth quarter will depend on the size of collections and the amount and rate of disbursement in October. SLC made the conservative assumption that interest income would be zero. See Schools and Libraries Corporation Fund Program Size Projections for
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981871.pdf
- v. FCC and USA, No. 98-60213 (5th Cir. 1998); Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, FCC 98-120 (rel. June 22, 1998); Federal-State Joint Board on Universal Service, Order and Order on Reconsideration, CC Docket No. 96-45, FCC 98-160 (rel. July 17, 1998). 2 47 C.F.R. 54.709, 54.711. 2 Contributions to the universal service support mechanisms must be based in part on contributors' end-user telecommunications revenues from the previous year.2 Network Operator Services, Inc. (NOS) is an interstate telecommunications carrier. It has experienced a reduction in its end-user revenues. As a result, on August 28, 1998, NOS filed a petition requesting authority to calculate its contribution on
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981872.pdf
- all interstate telecommunications carriers, payphone providers, and others which provide interstate telecommunications service for a fee to contribute to the Universal Service Funds.1 Carriers that provide only international telecommunications service are not required to contribute to the universal service support mechanisms. By letter dated July 23, 1998, RealWorld Advanced Technology Inc. (RealWorld) requested that the Commission waive sections 54.705, 54.707, 54.709, 54.711, and 2 See 47 C.F.R. 54.705, 54.707, 54.709, 54.711, and 54.713. 2 54.713 of the Commission's rules.2 RealWorld is a reseller of international telecommunications service. RealWorld states that more than 99 percent of its calls originate and terminate abroad, and the remainder terminate in the United States. RealWorld seeks waiver of the rules in order to contribute directly
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- replace the effective date "March 13, 1998" with "March 19, 1998."[4]^(2) For further information, contact Sheryl Todd or Frances Downey, Universal Service Branch, Accounting and Audits Division, Common Carrier Bureau, at (202) 418-7400. _____________________ 1. Proposed Second Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, Public Notice, DA 98-413 (rel. Feb. 27, 1998). 2. Pursuant to section 54.709 of the Commission's rules, the announced contribution factors will take effect 14 days from the date of publication in the Federal Register unless the Commission takes action before that date. 47 C.F.R. 54.709(a)(3). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.wp 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.html#N_2_
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- Fifth Circuit's mandate pending further action from the Fifth Circuit. Accordingly, the Commission's existing rules regarding contributions to the universal service support mechanisms remain valid and in effect, and the contribution factors for the fourth quarter of 1999 shall be calculated based on those rules. Carriers that fail to contribute to the universal service support mechanisms in Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of fourth quarter 1999 demand ԍ Federal Universal Service Programs Fund Size Projections & Contribution Base For the Fourth Quarter Projected Program n Administrative Application of Balance From of Interest Application of Periodic Total Program Schools and Rural Low December 1998 based on information contained
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- that universal service contributions are now calculated using a single contribution factor based on interstate and international end-user telecommunications revenues. The Commission also exempted from the contribution base the international revenues of interstate carriers whose interstate revenues account for less than 8 percent of their combined interstate and international revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the first quarter of 2000: ($ millions) Program Projected Program Support Admin. Expenses Application of Balance From Prior Period Application of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 552.710 9.790 (57.250) (6.914) (6.423) 491.913 Rural
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000517.doc
- Proposed Second Quarter 2000 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the second quarter of 2000. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da001272.doc
- Proposed Third Quarter 2000 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the third quarter of 2000. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002065.doc
- Proposed Fourth Quarter 2000 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the fourth quarter of 2000. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
- http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002764.doc http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da002764.txt
- Proposed First Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the first quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrd99-4.pdf
- and by type of applicant. The complete lists of funding commitments are too lengthy to list, but are available at our web site.7 Tables 4.2a and 4.2b are based on the same data as Tables 4.1a and 4.1b, and show, on a state by state basis, funding commitments for the three types of services: Internet access, 4 47 C.F.R. 54.709 (a). 5 Ibid, page 16 6 See SLC Web site http://www.sl.universal service.org. 7 Both spreadsheets are zipped, and can be found on the FCC-State Link web site at http://www.fcc.gov/ccb/stats. Both the first and second funding period commitments are in the file . 4 - 4 telecommunications and dedicated access, and internal connections. Table 4.2a summarizes the first funding period
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- May, and June. III. DISCUSSION 5. We conclude that Intellicall is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1998, Intellicall has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Intellicall's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
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- since May 2000. III. DISCUSSION 5. We conclude that Matrix is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1999, Matrix has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Matrix's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
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- As of July 1, 2000, including late payment and filing penalties, the amount NATN owes exceeds $800,000. III. DISCUSSION 5. We conclude that NATN is apparently liable for forfeiture for willful and repeated violations of section 254 of the Act and the Commission's rules governing universal service contributions. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. The record before us reflects that although NATN made two universal service payments in 1998, it made no payments between November 1998 and February 2000. Moreover, during this period, NATN apparently received, but ignored, USAC's invoices, and consistently failed to respond
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00276.doc
- section 254 of the Act and the Commission's rules governing universal service contributions. From February 1998 until May 2000, ATNC failed to pay any portion of its universal service obligations. Beginning in May 2000, ATNC has paid a little more than 25 percent of the total amount owed. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that ATNC's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.html
- No. 93-144/RM 8117, RM 8030, RM 8029)/Implementation of Sections 3(n) and 322 of the Communications Act - Regulatory Treatment of Mobile Services (GN Docket No. 93-252). Reply Comments to Opposition to Petition for Reconsideration - American Mobile Telecommunications, Inc. In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45)/Petitions for Waiver or Reconsideration of Section 54.706, 54.709, and/or 54.711 of the Commission's Rules filed by Affinity Corporation, Hotel Communications,Inc., LDC Telecommunications, Inc., MobileTel, Inc., National Telephone & Communications, Inc., Network Operator Services, Inc., Operator Communications, Inc., U.S. Network, Inc. Opposition - BellSouth Corporation. April 21 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, (Madisonville, and College Station, Texas)(MM Docket No. 99-331/RM
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- Wireless Division: Steve A. Mackoul at (202) 418-7240. News Media Contact: Meribeth McCarrick (202) 418-0654. Internet URL: [32]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992165.do c ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- STATEMENT OF FCC CHAIRMAN WILLIAM E. KENNARD ON PASSAGE OF WIRELESS 911 LEGISLATION. Internet URL: [33]http://www.fcc.gov/Speeches/Kennard/Statements/stwek964.html ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE. Denied Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commissions Rules filed by Affinity Corporation, Hotel Communications, Inc., LDC Telecommunications, Inc., MobileTel, Inc., National Telephone & Communications, Inc., Network Operator Services, Inc., Operator Communications, Inc., U.S. Network, Inc. By Memorandum Opinion and Order and Seventeenth Order on Reconsideration. Dkt No.: CC-96-45. Action by the Commission. Adopted: October 6, 1999. by MO&O. (FCC No. 99-280). CCB
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- consider application as timely filed within the filing window. (Dkt No. 96-45, 97-21). Action by: By the Deputy Chief, Accounting Policy Division. Adopted: 09/19/2001 by ORDER. (DA No. 01-2185). CCB [12]DA-01-2185A1.doc [13]DA-01-2185A1.pdf [14]DA-01-2185A1.txt IN THE MATTER OF FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE; PETITION OF FEDERAL TRANSTEL, INC., FOR WAIVER OF THE UNIVERSAL SERVICE FUND CONTRIBUTION REQUIREMENTS UNDER SECTIONS 54.703, 54.709, AND 54.711. Denied the Petition for Waiver or Reconsideration filed July 20, 1999 by Federal Transtel, Inc.. (Dkt No. 96-45). Action by: The Commission. Adopted: 09/18/2001 by MO&O. (FCC No. 01-268). CCB. Contact Katherine Schroder [15]FCC-01-268A1.doc [16]FCC-01-268A1.pdf [17]FCC-01-268A1.txt IN THE MATTET OF CROSS-OWNERSHIP OF BROADCAST STATIONS AND NEWSPAPERS; AND NEWSPAPER/RADIO CROSS-OWNERSHIP WAIVER POLICY. Seek to examine our cross-ownership policies in
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2007archive.html
- services deadline in cases where the service provider is unable to complete implementation for reasons beyond the service provider's control, we grant Hickory Public Schools appeal and remand it to USAC for appropriate action consistent with this Order. Released on June 20, 2007. CC Docket No. 02-6. (DA 07-2694) DA 07-2694 [45]Word | [46]Acrobat 6/11/07 Public Notice: Pursuant to section 54.709(a)(3) of the Commissions rules, on May 2, 2007, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USACs projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries
- http://www.fcc.gov/eb/Orders/2001/da01540.doc http://www.fcc.gov/eb/Orders/2001/da01540.html
- American Telephone Network, LLC, 15 FCC Rcd 14022 (Enf. Bureau 2000) (``NAL''). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). NATN paid approximately $186,000 in universal service contributions in 1998 but nothing further until March 2000. According to USAC, NATN's total liability through January 2000 exceeded $1.1 million. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000 (``February 2000 letter''). Letter from Kay P. Shihata, CPA, Accounting Manager, North American Telephone Network
- http://www.fcc.gov/eb/Orders/2001/da01542.doc http://www.fcc.gov/eb/Orders/2001/da01542.html
- Advanced paid some, but not all, of its required universal service contributions. From October 1999 to the present, Advanced has made one payment of less than $9,000. Consequently, Advanced is more than a year in arrears and its unpaid contribution balance has grown to more than $260,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. Advanced has not done so, and we find that Advanced's failures to make the required contributions are both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's
- http://www.fcc.gov/eb/Orders/2001/fcc01048.doc http://www.fcc.gov/eb/Orders/2001/fcc01048.html
- Matrix Telecom, Inc., Notice of Apparent Liability for Forfeiture, FCC 00-262, (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter from Todd Murcer, Manager of Business Development, Matrix Telecom, Inc. to Suzanne M. Tetreault, Assistant Chief, Enforcement Bureau, dated May 30, 2000.
- http://www.fcc.gov/eb/Orders/2001/fcc01106.doc http://www.fcc.gov/eb/Orders/2001/fcc01106.html
- apparently liable for forfeiture for willful and repeated violations of 47 U.S.C. 254 and the Commission's rules governing universal service contributions. According to USAC's records, PTT has not paid any of its required universal service contributions. Consequently, PTT's unpaid contribution balance has grown to approximately $925,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. PTT has not done so, and we find that PTT's failures to make the required contributions are not only apparently willful and repeated but also apparently egregious and intentional. The term ``willful'' means that the violator knew that it was taking the action in question,
- http://www.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
- Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 5 47 U.S.C. 254(d). 6 See Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9206-07, 843-44 (1997) (subsequent history omitted). As of April 1, 2003, carrier contributions are based on carriers projected, rather than historical, revenues. See infra note 31. 7 47 C.F.R. 54.706, 54.709. 8 See Amendment of Parts 54 and 69 -- Changes to the Board of Directors of the National Exchange Carriers Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 9 Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act).
- http://www.fcc.gov/eb/Orders/2004/DA-04-91A1.html
- that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's agreement
- http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
- Service, Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 16Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 17See 47 C.F.R. 64.604(c). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003
- http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
- Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 26 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 27 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
- and is used by the Commission and its administrators to track the carrier's contributions and invoices. 22Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 23 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
- filings by the company and used to track the carrier's contributions and invoices. 17Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice,
- http://www.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
- by the company and is used to track the carrier's contributions and invoices. 7Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 8See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice,
- http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
- has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 12 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 13 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 18 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 19 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
- is used by the Commission and its administrators to track the carrier's contributions and invoices. 15 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 16 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 14 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 15 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893,19896, P 5 (2003) ("Globcom NAL"); 47 C.F.R. S 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., Proposed Third Quarter 2003 Contribution
- http://www.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
- (2005) ("TMI NAL"). See [1]http://support.pioneertelephone.com/test/support.asp?kb=42 (last accessed November 25, 2005). See id.; Letter from Leon L .Nowalsky, Nowalsky, Bronston & Gothard, Counsel for Telecom Management, Inc., to Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, dated December 20, 2004 ("TMI December 20, 2004 Letter"), Response to Inquiry 5. 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. 47 C.F.R. SS 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order
- http://www.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
- Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) ("LOI Response"). The Commission's rules specifically include OSPs and resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. See 47 C.F.R. S 54.706(a)(3), (16). 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket
- http://www.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
- because its sole underlying carrier, MCI, suspended service to Globcom. See Petition for Waiver of Section 63.71 and Section 63.19 of the Commission's Rules, dated November 1, 2005. The Commission's rules specifically include resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. 47 C.F.R. S 54.706(a)(16). 47 C.F.R. SS 54.706, 54.709. Id. S 64.604(c)(5)(iii)(A). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See FCC Form 499-A Telecommunications Reporting Worksheet - Annual Filing, http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf (April 2003) ("Annual Worksheet"). See Federal-State
- http://www.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
- Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) ("Carrier Selection Order"). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S: 54.709(a). 47 C.F.R. S: 54.713. Further, under the Commission's "red light rule," action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the
- http://www.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
- for the prior quarter by the beginning of the second month in each quarter (i.e., February 1, May 1, August 1, and November 1). See Quarterly Reporting Order, 16 FCC Rcd at 5755, P 19 & n.32. See FCC Form 499-Q Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (April 2003) ("Quarterly Worksheet"). See 47 C.F.R. S 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://www.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
- for the prior quarter by the beginning of the second month in each quarter (i.e., February 1, May 1, August 1, and November 1). See Quarterly Reporting Order, 16 FCC Rcd at 5755, P 19 & n.32. See FCC Form 499-Q Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (April 2003) ("Quarterly Worksheet"). See 47 C.F.R. S 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://www.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
- See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026. See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://www.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S: 54.709(a). As of April 1, 2003, USAC bases a carrier's universal service obligation on the carrier's projected collected revenue rather than its historic gross-billed revenue. See Interim Contribution Order, 17 FCC Rcd at 24969-74, P:P: 29-39. 47 C.F.R. S: 54.713. Pub. L. No. 101-336, S: 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act). See Telecommunications Relay Services
- http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
- and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 P:P: 63-64. 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service
- http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
- http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
- http://www.fcc.gov/eb/Orders/da001746.doc http://www.fcc.gov/eb/Orders/da001746.txt
- As of July 1, 2000, including late payment and filing penalties, the amount NATN owes exceeds $800,000. III. DISCUSSION 5. We conclude that NATN is apparently liable for forfeiture for willful and repeated violations of section 254 of the Act and the Commission's rules governing universal service contributions. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. The record before us reflects that although NATN made two universal service payments in 1998, it made no payments between November 1998 and February 2000. Moreover, during this period, NATN apparently received, but ignored, USAC's invoices, and consistently failed to respond
- http://www.fcc.gov/eb/Orders/fcc00261.doc http://www.fcc.gov/eb/Orders/fcc00261.txt
- May, and June. III. DISCUSSION 5. We conclude that Intellicall is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1998, Intellicall has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Intellicall's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/eb/Orders/fcc00262.doc http://www.fcc.gov/eb/Orders/fcc00262.txt
- since May 2000. III. DISCUSSION 5. We conclude that Matrix is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1999, Matrix has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Matrix's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/eb/Orders/fcc00276.doc http://www.fcc.gov/eb/Orders/fcc00276.txt
- section 254 of the Act and the Commission's rules governing universal service contributions. From February 1998 until May 2000, ATNC failed to pay any portion of its universal service obligations. Beginning in May 2000, ATNC has paid a little more than 25 percent of the total amount owed. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that ATNC's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/eb/Orders/fcc00390.doc http://www.fcc.gov/eb/Orders/fcc00390.html http://www.fcc.gov/eb/Orders/fcc00390.txt
- Intellicall Operator Services, Notice of Apparent Liability for Forfeiture, FCC 00-261 (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000. The limit contained in the text of the statute for each violation or each day of a continuing violation is $100,000, and
- http://www.fcc.gov/eb/Orders/fcc00423.doc http://www.fcc.gov/eb/Orders/fcc00423.html http://www.fcc.gov/eb/Orders/fcc00423.txt
- Notice of Apparent Liability for Forfeiture, FCC 00-276 (released August 1, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000 (``Bureau's February 2000 letter''). Letter from Charles H. Helein, Esq., counsel for ATNC, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau, dated February 25, 2000, citing Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (subsequent history
- http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2007archive.html
- 2007 Notice of Proposed Rulemaking, which sought comment on the Federal-State Joint Board on Universal Services recommendation that the Commission adopt an interim, emergency cap on high-cost universal service support for competitive eligible telecommunications carriers. The reply comment date is changed from June 13, 2007, to June 21, 2007. 6/12/07. [220]Word | [221]Acrobat| [222]Text 6/11/07 Public Notice: Pursuant to section 54.709(a)(3) of the Commissions rules, on May 2, 2007, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USACs projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries
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- Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 47 C.F.R. 54.713. Further, under the Commission's ``red light rule,'' action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the
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- gross-billed revenue. Interim Contribution Order, 17 FCC Rcd at 24969-74, 29-39. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 64 C.F.R. 64.604(c)(5)(iii)(B). See 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due
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- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). As of April 1, 2003, USAC bases a carrier's universal service obligation on the carrier's projected collected revenue rather than its historic gross-billed revenue. See Interim Contribution Order, 17 FCC Rcd at 24969-74, 29-39. 47 C.F.R. 54.713. Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act). See Telecommunications Relay Services
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- 1, 2003, USAC bases a contributor's universal service obligation on the contributors' projected collected revenue rather than its historic gross-billed revenue. Interim Contribution Order, 17 FCC Rcd at 24969-74 29-39. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Quarterly Reporting Order, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 47 C.F.R. 64.604(c)(5)(iii)(B). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45,
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- also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- U.S.C. 251(e)(2); 47 C.F.R. 52.32(a). 47 C.F.R. 1.1154, 1.1157(b)(1). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195; see also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). 47 C.F.R. 54.701(a). See id. 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form 499-A. See Federal-State Joint Board on Universal Service, Petition for Reconsideration Filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748, 5755, para. 19 & n.32 (2001) (Quarterly Reporting Order); 47 C.F.R. 54.709(a). Form
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- discounts for eligible services bundled with ineligible services, the instructions also require applicants to apportion the costs of eligible and ineligible services. See Letter of Appeal at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. 54.504(c); 54.709(c). (continued....) Federal Communications Commission DA 00-2701 Federal Communications Commission DA 00-2701 / `` @ @& 0 0 0 0 0 0 /
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- Proposed First Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the first quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
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- 2001). USAC has collected funds that were not disbursed in the third quarter of 2000 for the High Cost Interstate Access mechanism ($22.55 million), the fourth quarter of 2000 for the Low Income mechanism ($14.97 million), and the first quarter of 2001 for the High Cost mechanism ($9.39 million) and the Rural Health Care mechanism ($2.71 million). 47 C.F.R. 54.709(b); Proposed First Quarter 1999 Universal Service Contribution Factors and Proposed Actions, CC Docket No. 96-45, Public Notice, FCC 98-318 (1998). PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov N O Q PNG RR~Rn |o |o X*N*K ~j0tm@"Iu
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- Proposed Third Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the third quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. On March 14, 2001, the Commission modified the contribution methodology to reduce the interval between the accrual of revenues and the assessment of universal service
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- Proposed Fourth Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the fourth quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. On March 14, 2001, the Commission modified the contribution methodology to reduce the interval between the accrual of revenues and the assessment of universal service
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- Proposed First Quarter 2002 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the first quarter of 2002. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. On March 14, 2001, the Commission modified the contribution methodology to reduce the interval between the accrual of revenues and the assessment of universal service
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board On Universal Service Changes to the Board of Directors of the National Exchange Carrier Association Petition for Waiver of Section 54.709(a)(3) of the Commission's Rules and Regulations ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 CC Docket No. 97-21 Adopted: January 9, 2001 Released: January 10, 2001 By the Accounting Policy Division: introduction In this Order, we grant the petition of the Universal Service Administrative Company (USAC) for a limited waiver of the quarterly filing
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- American Telephone Network, LLC, 15 FCC Rcd 14022 (Enf. Bureau 2000) (``NAL''). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). NATN paid approximately $186,000 in universal service contributions in 1998 but nothing further until March 2000. According to USAC, NATN's total liability through January 2000 exceeded $1.1 million. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000 (``February 2000 letter''). Letter from Kay P. Shihata, CPA, Accounting Manager, North American Telephone Network
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- Advanced paid some, but not all, of its required universal service contributions. From October 1999 to the present, Advanced has made one payment of less than $9,000. Consequently, Advanced is more than a year in arrears and its unpaid contribution balance has grown to more than $260,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. Advanced has not done so, and we find that Advanced's failures to make the required contributions are both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's
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- Proposed Second Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the second quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
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- quarter 2002. Thereafter, unused funds from the schools and libraries support mechanism will be carried forward to increase disbursements to schools and libraries in subsequent years. The Commission's action will help ensure the predictability of contribution obligations and reduce contributions to universal service by contributors and their customers, without jeopardizing the sufficiency of the universal service support mechanisms. Under section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) has projected that program demand and administrative expenses
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- to preserve and advance universal service.'' Section 254(d) provides further that ``any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.'' In the First Report and Order, the Commission adopted rules that imposed contribution obligations on telecommunications carriers and providers of interstate telecommunications. Specifically, section 54.709(a) provides, in relevant part, that contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and a contribution factor determined quarterly by the Administrator, the Universal Service Administrative Company (USAC). To collect information about end-user telecommunications revenues from contributors, the Commission adopted a rule requiring contributors to submit Universal Service Worksheets at regular intervals. Contributors
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- FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 02-2221 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: September 10, 2002 Proposed Fourth Quarter 2002 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Wireline Competition Bureau announces the proposed universal service contribution factor for the fourth quarter of 2002. Under section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Under section 54.507, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to stabilize universal
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- 1318. These transmittals seek to establish rates for Universal Service Fund charges billed to residential and business customers to reflect the companies' fourth quarter 2002 contribution obligations. No parties filed petitions against these transmittals. Background On September 10, 2002, the Wireline Competition Bureau (Bureau) announced its proposed universal service contribution factor for the fourth quarter of 2002. Pursuant to section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. Under section 54.507, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to stabilize universal
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- FCC Rcd 11319, para. 192. Section 54.313 sets out similar certification rules for non-rural carriers. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47 C.F.R.
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- FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 02-3387 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: December 9, 2002 Proposed First Quarter 2003 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Wireline Competition Bureau announces the proposed universal service contribution factor for the first quarter of 2003. Under section 54.709 of the Commission's rules, the quarterly contribution factor is based on the ratio of total projected quarterly costs of the federal universal service support mechanisms to total end-user interstate and international telecommunications revenues, net of prior period actual contributions. On an interim basis, however, funds collected in the schools and libraries support mechanism that are unused shall be applied to
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- Review by ABC Cellular Corporation Page Now, Inc./ ABC Paging, Inc. at 1, filed June 17, 2002 (Request for Review). 47 C.F.R. 54.719(c) (providing that any person aggrieved by an action taken by a division of the Administrator may seek review from the Commission). See Request for Review at 5-6. See 47 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
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- October 1 of each year. Once NECA files these data with the Commission and USAC, they become available to the public. USAC uses NECA's October 1 filing to submit to the Commission, sixty days prior to the start of each quarter, fund size and administrative cost projections for the universal service mechanisms for the ensuing quarter in accordance with section 54.709 of Commission's rules. With regard to USAC's high-cost support projections, USAC lists, among other things, projected monthly and annual support amounts for rural carriers on a state-by-state study area basis. This information is publicly available once USAC makes its filing with the Commission. Public Service Telephone's Request. On October 12, 2001, Public Service requested that the Commission grant confidential treatment
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- Proposed Second Quarter 2002 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the Second Quarter of 2002. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. On March 14, 2001, the Commission modified the contribution methodology to reduce the interval between the accrual of revenues and the assessment of universal service
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- Speech Disabilities, and the Americans With Disabilities Act of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, Notice of Proposed Rulemaking, 16 FCC Rcd 9892 (2001). BT Request at 5. 47 C.F.R. 54.709(a)(1). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9176 para. 781, 9184 para. 796 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, CC Docket No. 96-45, FCC 97-157 (rel. June 4, 1997) aff'd in part, rev'd in part, remanded in part sub nom. Texas Office of Public
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- Force Order); 47 C.F.R. 54.314(b). 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the third quarter of 2003: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 551.956 10.544 (4.848) (.343) 557.309 Rural Health Care 7.617 0.644 (0.017) 0.078 8.322
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- FCC Rcd 11319, para. 192. Section 54.313 sets out similar certification rules for non-rural carriers. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See Recommended
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the fourth quarter of 2003: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 551.197 11.303 (4.709) (15.710) 542.081 Rural Health Care 6.200 0.654 (0.019) (0.240) 6.595
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- a state. See 47 C.F.R. Part 36 App. (definition of ``study area''). See 47 C.F.R. 36.611. See 47 C.F.R. 36.611(h). 47 C.F.R. 36.613. USAC is responsible for collecting contributions to the various universal support mechanisms and disbursing universal service support funds. 47 C.F.R. 54.702. See also 47 C.F.R 36.613. See http://www.fcc.gov/wcb/iatd/neca.html. See 47 C.F.R. 54.709. See 47 C.F.R. 54.711. See Qwest Petition at 1. See id. Qwest filed similar requests for waiver and extensions of time for its year 2002 Automated Reporting Management Information System (ARMIS) filings that were due on April 1, 2003 pursuant to 47 C.F.R. 43.21. See Qwest Petition at 1, n. 1; Letter from R. William Johnston, Executive Director
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the first quarter of 2004: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 550.159 12.341 (6.378) (44.451) 511.671 Rural Health Care 14.601 0.776 (0.038) (0.677) 14.662
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- a system based on projected collected end-user revenues. Accordingly, beginning with this quarter, the Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the second quarter of 2003: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 549.648 12.852 (7.018) 2.810 558.292 Rural Health Care 8.855 0.696 (0.033) 0.282 9.800
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- Administrative Company (USAC) will determine each contributor's contribution obligation by multiplying the contributor's projected collected interstate and international revenues by the rounded contribution factor, and discounting the result by the adjusted circularity discount factor. For further information, contact Paul Garnett or Jon Secrest, Telecommunications Access Policy Division, Wireline Competition Bureau, at (202) 418-7400, TTY (202) 418-0484. See 47 C.F.R. 54.709(a). See Proposed Second Quarter 2003 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 03-689 (rel. March 7, 2003). See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission. The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2004. Pursuant to section 54.709(b) of the Commission's rules, in light of excess collections carried over from previous quarters, USAC submitted an alternative projection of demand for the schools and libraries support mechanism for the third quarter of
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- Order); 47 C.F.R. 54.314(b). See 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47
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- (Rural Task Force Order); 47 C.F.R. 54.314(b). See 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits estimated demand for the universal service support mechanisms to the Commission two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See 47
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- 47 C.F.R. 54.313(b), 54.314(b). See 47 C.F.R. 54.313(d)(1). See 47 C.F.R. 54.313(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service GatewayUSA Holding Company Inc., Cosmos Telecom Marketing, Inc., and Sitel, Inc. Petition for Partial Waiver or, Alternatively, Clarification of Section 54.703 of the Commission's Rules Inteleca Communications Corporation Petition for Waiver of Rules 54.705, 54.707, 54.709, 54.711, and 54.713 Microdevices Worldwide Inc. Petition for Partial Waiver or, in the Alternative, Clarification of Universal Service Contribution Requirements Contained in Section 54.703 of the Commission's Rules Minimum Rate Pricing, Inc. Petition for Partial Waiver of the Universal Service Contribution Requirements Under Sections 54.703, 54.709 and 54.711 of the Commission's Rules RealWorld Advanced Technology Inc. Petition for Waiver of
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2004. Pursuant to section 54.709(b) of the Commission's rules, we apply $150 million from the collections carried over from previous quarters to lower the projected demand for the schools and libraries support mechanism for the fourth quarter of
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- Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order and Second Further Notice of Proposed Rulemaking, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, 17 FCC Rcd 24952, 24970 (2002) (Contribution Methodology Order and NPRM); see also 47 C.F.R. 54.706(b). See 47 C.F.R. 54.709(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Docket Nos. 96-45, 97-21, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Second Order on Reconsideration). See also 47 C.F.R. 54.701. 47 C.F.R. 54.711(a). See Form 499-A Instructions at
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2005. In its November 2, 2004 filing, USAC proposes to recover $550 million ($275 million in first quarter 2005 and $275 million in second quarter 2005) of the funds used by the Commission in the second through fourth
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- support mechanisms are determined using a quarterly contribution factor calculated by the Commission.2 The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions.3 USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules,4 the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2004.5 1 See 47 C.F.R. 54.709(a). 2 See id. 3 See 47 C.F.R. 54.709(a)(2). 4 47 C.F.R. 54.709(a)(3). 5 See Federal Universal Service Support Mechanisms Fund Size Projections for the Second Quarter 2004, available at
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- that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's agreement
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- applications was February 4, 2004. See SLD website, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. 54.507(c) and (g). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the
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- District 750, to Federal Communications Commission, filed November 22, 2004 (Request for Waiver). 47 C.F.R. 1.3. Id. The deadline for Funding Year 2004 applications was February 4, 2004. See SLD website, . 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para. 3
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- Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-158897, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 18435 (Com. Car. Bur. 2001). 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier
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- Telecommunications Access Policy Division Wireline Competition Bureau Letter from Brother Larry Lavallee, Corpus Christi Church and School, to Federal Communications Commission, filed March 2, 2005 (Request for Waiver). 47 C.F.R. 1.3. >. 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para. 3
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- Public Schools, to Federal Communications Commission, filed October 29, 2003 (Request for Waiver). 47 C.F.R. 1.3. Id. The deadline for Funding Year 2002 applications was January 17, 2002. See SLD website, . 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier
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- 1990). See Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Com. Car. Bur. 2001). See also Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See Request for Review by Anderson School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File
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- Cir. 1990). See, e.g., Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Acc. Pol. Div. 2001); Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
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- Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Nancy Miller, Worth School District 127, to Federal Communications Commission, filed February 24, 2005 (Request for Waiver). 47 C.F.R. 1.3. >. 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para. 3
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- of Education, to Federal Communications Commission, filed June 7, 2004 (Request for Waiver). 47 C.F.R. 1.3. Id. The deadline for Funding Year 2003 applications was February 6, 2003. See SLD website, . 47 C.F.R. 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para. 3
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2005. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application USAC Projections of Industry Revenues USAC submitted projected collected end-user telecommunications revenues for July through September 2005 based on
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2005. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application USAC Projections of Industry Revenues USAC submitted projected collected end-user telecommunications revenues for October through December 2005 based on
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- 54.313(d)(ii)-(iv). Section 54.314(d) sets out similar self-certification rules for rural carriers. 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See 47 C.F.R. 54.309. See Federal-State Joint Board on Universal Service, CC Docket
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2006. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application USAC Projections of Industry Revenues USAC submitted projected collected end-user telecommunications revenues for January through March 2006 based on
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- C.F.R. 1.47. Thus, the Division requested that Atlantic Digital file an amended appeal that fully conforms to the Commission's rules by August 12, 2004. See July 29, 2004 Letter at 1. An amended appeal would relate back to the date of the original filing. The Commission has not received an amended appeal from Atlantic Digital. See 47 C.F.R. 54.709(a)(3). Atlantic Digital Appeal at 1. See 47 C.F.R. 54.713. Thus, the Commission has given USAC the authority to assess late filing fees. Atlantic Digital Appeal at 1. Id. See 47 C.F.R. 1.7. See Instructions to the Telecommunications Reporting Worksheet, FCC Form 499-Q, at 7 (dated March 2001). Id. Id. See 47 C.F.R. 54.721(c); July 29, 2004 Letter
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2005. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application USAC Projections of Industry Revenues USAC submitted projected collected end-user telecommunications revenues for April through June 2005 based on
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- C.F.R. 54.314(a). See 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d)(1)-(4). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, the Universal Service Administrative Company (USAC) submits estimated demand for the universal service support mechanisms to the Commission two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the Commission on or around November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47 C.F.R.
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2006. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 546.201 16.299 (34.706) 6.540 534.334 Rural
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- 47 C.F.R. 54.314(b). 47 C.F.R. 54.313(d)(3)(i), 54.314(d)(1). See 47 C.F.R. 54.313(d)(3), 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. See Centennial Petition at 1. Id. at 4. See Centennial Petition at 5-6. Specifically,
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- Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Ninth Report and Order and Eighteenth Order on Reconsideration, 14 FCC Rcd 20432, 20483, para. 100 (1999). Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. Federal-State Joint Board on Universal Service, Pine Belt Cellular, Inc. and Pine Belt PCS,
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2006. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 543.032 19.468 (40.111) (41.416) 480.973
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- UUI to Unicom. Id. For purposes of this Order, we refer to YKHC's vendor as Unicom, the present contracting party. Request for Waiver at 2. Id. See USAC Letter at 2, 4. Request for Waiver at 3. See USAC Letter at 1. Id. Id. (retrieved Aug. 22, 2006). USAC Letter at 2; 47 C.F.R. 54.711(b); see 47 C.F.R. 54.709 (setting dates for contributor filings and determining the contribution factor). USAC Letter at 2. Id. See Request for Waiver. Request for Waiver at 1. Id. at 1, 5-7. 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio v. FCC, 418 F.2d 1153, 1157, (D.C. Cir. 1969), aff'd, 459
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- See Mescalero Order, 20 FCC Rcd 5848 (upholding a Bureau-level decision denying an Request for Review as untimely filed). See also Request for Waiver by Stephen-Argyle Central School District, Stephen, Minnesota, File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Com. Car. Bur. 2001); Petitions for Waiver or Reconsideration of Sections 54.706, 54.709 and/or 54.711 of the Commission's Rules, CC Docket 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para. 28 (1999). But see Request for Waiver filed by Greenfield Public School District, Shutesbury, Massachusetts, CC Docket No. 02-6, Order, DA 06-487 (Wireline Comp. Bur. rel. Feb. 28, 2006) (the Bureau granted a waiver request where
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2007. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 540.935 21.565 -37.527 -70.037 454.936
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- Force Order); 47 C.F.R. 54.314(b). 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know which carriers have been certified under the Commission's rules no later than October 1. 47 C.F.R. 54.307(a). 47 C.F.R. 54.307(c). Prior to the Rural Task Force
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- 1-2. See also Letter of Appeal at 1-2. 47 C.F.R. 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. Northeast Cellular, 897 F.2d at 1166. See, e.g., Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd. 20769, 20783, para. 28 (1999); Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-368262, 82100, 382102, 382121, 356136, 358015, 352661, 385183, 365017,
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2006. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 546.447 16.053 (40.515) (14.513) 507.472 Rural
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- Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, CC Docket 98-171, Report and Order 1999 WL 492955, FCC 99-175 (rel. July 14, 1999). Second Order on Reconsideration, 12 FCC Rcd at 18400, Appendix C. Federal-State Joint Board on Universal Service; Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc., CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947 (2000). Howe Affidavit at 1-2. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2007. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 539.152 23.348 -47.395 -3.883 511.222
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- 11244, 11318, para. 189 (2001) (Rural Task Force Order). See 47 C.F.R. 54.314(d) Id. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-2470 Released: June 11, 2007 WIRELINE COMPETITION BUREAU ANNOUNCES CARRYOVER OF UNUSED FUNDS FOR FUNDING YEAR 2007 CC Docket No. 02-6 Pursuant to section 54.709(a)(3) of the Commission's rules, on May 2, 2007, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USAC's projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2007. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 543.79 18.71 (53.42) (35.73) 473.35
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- Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 47 C.F.R. 54.713. Further, under the Commission's ``red light rule,'' action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2008. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 535.63 26.87 (47.65) (0.95) 513.90
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2008. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups FCC OIG Funds Transfer Total Program Collection Schools and Libraries 528.79
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1470 Released: June 23, 2008 CARRYOVER OF UNUSED FEDERAL UNIVERSAL SERVICE FUNDS FOR FUNDING YEAR 2008 CC Docket No. 02-6 Pursuant to section 54.709(a)(3) of the Commission's rules, on May 2, 2008, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the federal universal service fund for the third quarter of 2008. According to USAC's projections, $600 million in unused funds from Funding Years 2002 through 2004 is available to carry forward to increase disbursements to schools and libraries
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- Bur. 2007) (petitioners failed to show good cause for waiving the 45-day revision deadline); see also Request for Review by Advantage Telecommunications Corp. of Action by Universal Service Administrator, CC Docket No. 96-45, Order, 22 FCC Rcd. 5088 (Wireline Comp. Bur. 2007) (dismissing request as moot because petitioner's contribution had been corrected in the true-up process). See 47 C.F.R. 54.709(a)(3). See id. (...continued from previous page) (continued ...) Federal Communications Commission DA 08-1514 tm - A
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- contributor reporting requirements. Need: In implementing statutory requirements for the Universal Service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Numbers and Titles: 54.701 Administrator of universal service support mechanisms. 54.703 The Administrator's Board of Directors. 54.705 Committees of the Administrator's Board of Directors. 54.707 Audit controls. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. Contributor's failure to report or to contribute. PART 59-INFRASTRUCTURE SHARING Brief Description: These rules specify the general duty of incumbent LECs to provide to certain qualifying LECs (i.e., carriers that fulfill universal service obligations) access to public switched network infrastructure, technology, information, and telecommunications facilities and functions
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a) (3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2008. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups FCC OIG Funds Transfer Total Program Collection Schools and Libraries
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2009. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 525.74 36.76 (21.10) (46.15) 495.25
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2008. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 532.53 29.97 (42.36) 2.57 522.71
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- 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 of disbursements during the
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2009. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 531.81 30.69 (10.06) 5.96 558.40
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- 47 U.S.C. 153(40). 47 U.S.C. 254(h)(2)(A). 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). 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 $10,000, that contributor is not required to contribute directly to the
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2009. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 542.16
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2010. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 544.31
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2009. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 523.76 38.74 (15.63) (9.80) 537.07
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2010. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income True-Ups and Other Adjustment Total Program Collection Schools and Libraries 539.36 23.14 (3.04) (3.35) 556.11
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- 54.314(b). 47 C.F.R. 54.314(d)(1); 47 U.S.C. 254(e). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Under the Commission's rules, USAC submits to the Commission the estimated demand for the universal service support mechanisms, including high-cost support, two months prior to the beginning of each quarter. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the Commission on or before November 1. To submit an accurate estimate by that date, USAC generally needs to know which carriers have been certified under the Commission's rules no later than October 1. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. 47 C.F.R.
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- 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 on their invoices in November and February of each year and then makes payments shortly thereafter. Id. See Request
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-1243 Released: July 1, 2010 WIRELINE COMPETITION BUREAU ANNOUNCES CARRYOVER OF UNUSED SCHOOLS AND LIBRARIES UNIVERSAL SERVICE FUNDS FOR FUNDING YEAR 2010 CC Docket No. 02-6 Pursuant to section 54.709(a)(3) of the Commission's rules, on April 30, 2010, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the federal Universal Service Fund for the third quarter of 2010. According to USAC's projections, $900 million in unused funds from funding years 2002 and 2005 through 2008 is available to carry forward to increase disbursements to schools
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2010. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income True-Ups and Other Adjustment Total Program Collection Schools and Libraries 552.99 9.51 (3.36) (6.94) 552.20
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2011. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 543.31
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2010. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 543.58 18.92
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- percent contribution factor became final 14 days later, on June 26, 2009. Accordingly, the NASUCA request is moot. IV. ORDERING CLAUSES ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4, 254, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151-154, 254, and 403, and pursuant to authority in sections 0.91, 0.291, and 54.709 of the Commission's rules, 47 C.F.R. 0.91, 0.291, and 54.709, that the request filed by the National Association of State Utility Consumer Advocates on June 9, 2009 IS DENIED. IT IS FURTHER ORDERED, pursuant to section 1.102(b)(1) of the Commission's rules, 47 C.F.R. 1.102(b)(1), that this order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Jennifer K. McKee Acting
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- Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, 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). Second Order on Reconsideration, 12 FCC Rcd 18400, Appendix C. Federal-State Joint Board on Universal Service; Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc., CC Docket No. 96-45, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947 (2000). Alliance Request for Review at 3-6. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2011. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 543.86 18.64
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2011. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 544.20 18.30
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the first quarter of 2012. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 542.47
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2011. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 543.30 19.20
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- Report and Order, 15 FCC Rcd at 1687, para. 19. 47 C.F.R. 54.712. The quarterly universal service contribution factor is determined by the Commission based on the ratio of total projected quarterly expenses of the universal service support mechanisms to the total projected collected end-user interstate and international telecommunications revenues, net of prior period actual contributions. 47 C.F.R. 54.709. 2002 Universal Service Contribution Methodology Order, 17 FCC Rcd at 24978, para. 51. Id. at paras. 49-50. Clear World Request for Review, Exh. E at 6 (USAC Audit). USAC Audit at 3-17. Id. at 4-10. Id. USAC submitted the initial draft audit findings to Clear World on January 27, 2009. Clear World responded on February 12, 2009 and USAC updated
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- Policy Division Wireline Competition Bureau Request for Review of Decision of the Universal Service Administrator by deltathree, Inc., WC Docket No. 06-122 (filed May 27, 2010). USAC had originally estimated deltathree's contribution obligations for each of the quarterly reporting periods at issue because deltathree had failed to timely file its FCC Forms 499-Q. See id. at 1-2; 47 C.F.R. 54.709(d). Federal-State Joint Board on Universal Service; 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms; Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990 Administration of the North American Numbering Plan and North
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the second quarter of 2012. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups & Prior Period Adjustment Total Program Collection Schools and Libraries 584.99
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- of a reciprocal compensation composite, as specified in section 915(d)(1)(i)(C)(1) of the Commission's rules. See 47 C.F.R. 915(d)(1)(i)(C)(1). July 3, 2012 Annual Access Charge Tariff Filings, WCB/Pricing File No. 12-07, Order, DA 12-482, at 1 (Wireline Comp. Bur., rel. Mar. 28, 2012) (2012 Annual Access Tariff Procedures Order). Id. at para. 3. Id. 47 C.F.R. 54.712(a). 47 C.F.R. 54.709(a). 47 C.F.R. 54.712. 47 C.F.R. 61.59(a). See 2012 Annual Access Tariff Filing Procedures Order at para. 3. Id. at para. 2 n.3. 47 C.F.R. 51.705(c); 47 C.F.R. 51.907(b); 47 C.F.R. 51.909(b). 47 C.F.R. 51.911(b). 2012 Annual Access Tariff Filing Procedures Order at para. 2 n.3. 47 C.F.R. 51.705(c); 47 C.F.R. 51.907(b); 47
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the third quarter of 2012. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of True-Ups & Adjustments Total Program Collection (Revenue Requirement) Schools and Libraries 558.85 18.97
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- April 24, 2000.'' Amend footnote 427, third sentence, by inserting ``the'' between ``in'' and ``Modified Proposal'' and by replacing ``See CALLS ex parte statement of April 14, 2000'' with ``Letter from John T. Nakahata, Counsel to CALLS, to Jack Zinman, Legal Counsel, Common Carrier Bureau, FCC, April 14, 2000.'' Amend footnote 431, second sentence, by inserting ``'' between ``C.F.R.'' and ``54.709'' Amend footnote 438, second sentence, by deleting ``Fifth Report and Order'' between ``LECs'' and ``CC Docket'' Amend footnote 463 by replacing `` 69,156(a)'' with `` 69.156(a)'' Amend footnote 466 by replacing each time it appears ``USF'' with ``Universal Service Support'' Amend footnote 467, first sentence, by replacing `` 54.805'' with `` 54.805'' and by inserting ``'' between ``Original Proposal at''
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- Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45). Reply Comments on the Rural Task Force Recommendation - Competitive Universal Service Coalition, Reply Comments - SBC Communications, Inc., Sully Buttes Telephone Cooperative, Inc., AT&T Corporation, AT&T Comments on USF LAG FNPRM. In the Matter of Federal-State Joint Board on Universal Service/Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications Inc. d/b/a Oncor Communications, Inc. (CC Docket No. 96-45). Comments - WorldCom, Inc., Sprint Corporation, Network Operator Services, Inc., The United States Telecom Association. In the Matter of Amendments to Parts 1, 2, 87 and 101 of the Commission's Rules to License Fixed Services at 24 GHz (WT Docket No. 99-327).
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- Inc., The American Automobile Association, Request for Leave to File Late Reply Comments - The Automobile Club of Hartford, Inc. In the Matter of Access Charge Reform (CC Docket No. 96-262). Motion for Extension of Time - Allegiance Telecom, Inc. In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45)/Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. (CC Docket No. 96-45). Reply Comments - Sprint Corporation, The United States Telecom Association. In the Matter of WTB Seeks Comment on Petition for Declaratory ruling Concerning the Requirement for Good Faith Negotiations Among Economic Area Licensees and Incumbent Licensees in the Upper 200 Channels of
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- FCC, 5th Cir. No. 00-60434 (and consolidated cases) (2000). See 47 C.F.R. 54.809. Ninth Report and Order, 14 FCC Rcd at 20484 para. 98. See 47 C.F.R. 54.313(a). Rural Task Force Recommendation at 33. Id. See 47 U.S.C. 254(e). . Ninth Report and Order, 14 FCC Rcd at 20483 para. 97. Id. Id. . 47 C.F.R. 54.709(a)(3). The Commission uses those support requirements to establish a contribution factor for the upcoming quarter. See 47 C.F.R. 54.709(a). USAC then uses the contribution factor to bill carriers and collect the appropriate amount of support to fund the universal service programs. Id. See Appendix A for the relevant rules. See Seventh Report and Order, 14 FCC Rcd at 8115-16
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- issues affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. 151, et seq. 47 U.S.C. 254. See 47 C.F.R. 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum,
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- determined using a quarterly contribution factor calculated by the Federal Communications Commission (Commission). The Commission calculates the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to contributors' total projected collected end-user interstate and international telecommunications revenues, net of projected contributions. USAC Projections of Demand and Administrative Expenses Pursuant to Section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the fourth quarter of 2007. Accordingly, the projected demand and expenses are as follows: ($ millions) Program Demand Projected Program Support Admin. Expenses Application Of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 546.32 16.18 (51.88) (5.43) 505.19
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- as recovering contributions to the universal service support mechanisms, a situation known as "circularity."17 Specifically, to account for the inclusion 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service; 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms; Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990; Administration of the North American Numbering Plan
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- as recovering contributions to the universal service support mechanisms, a situation known as "circularity."17 Specifically, to account for the inclusion 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service; 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms; Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990; Administration of the North American Numbering Plan
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- Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service, et al, CC Docket
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- Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service, et al, CC Docket
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- Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service, et al, CC Docket
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- Adjustment" represents the industry's actual contributions during the prior quarter as reported by USAC. This eliminated circularity as a reason for carriers to inflate pass through charges. In December 2002, the Commission adopted an order that changed the basis for contribution assessments from historic gross-billed revenues to projected collected revenues.19 This change addressed 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 19 See Federal-State Joint Board on Universal Service, et al, CC Docket
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- would use these revenue totals along with total estimated program requirements to calculate the contribution factor.18 In anticipation of this 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 1 -7 double assessment, providers would frequently inflate their reported USF pass
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- would use these revenue totals along with total estimated program requirements to calculate the contribution factor.18 In anticipation of this 14 Filers record international-to-international revenues for calls that they receive outside the United States and that they carry to points outside the United States where the filer is operating as a U.S. carrier. 15 47 C.F.R. 54.711(b). 16 47 C.F.R. 54.709(a)(3). 17 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90- 571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 18 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 1 -7 double assessment, providers would frequently inflate their reported USF pass
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- assessment methodology to address declining revenues, the two main reasons cited by providers for marking up their pass through charges, the Commission adopted a rule requiring those contributors that recover their universal service contributions through a universal service line item to limit their recovery to the interstate portion of the customer's bill times the relevant contribution factor.21 17 47 C.F.R. 54.709(a)(3). 18 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002). 19 The Commission reduces the revenue estimates by 1% to account for uncollectibles. 20 See Federal-State Joint Board on Universal Service, et al, CC Docket Nos.
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- Intellicall Operator Services, Notice of Apparent Liability for Forfeiture, FCC 00-261 (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000. The limit contained in the text of the statute for each violation or each day of a continuing violation is $100,000, and
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- Notice of Apparent Liability for Forfeiture, FCC 00-276 (released August 1, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000 (``Bureau's February 2000 letter''). Letter from Charles H. Helein, Esq., counsel for ATNC, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau, dated February 25, 2000, citing Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (subsequent history
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- apparently liable for forfeiture for willful and repeated violations of 47 U.S.C. 254 and the Commission's rules governing universal service contributions. According to USAC's records, PTT has not paid any of its required universal service contributions. Consequently, PTT's unpaid contribution balance has grown to approximately $925,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. PTT has not done so, and we find that PTT's failures to make the required contributions are not only apparently willful and repeated but also apparently egregious and intentional. The term ``willful'' means that the violator knew that it was taking the action in question,
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- issues affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. 151, et seq. 47 U.S.C. 254. See 47 C.F.R. 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum,
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- FCC, 5th Cir. No. 00-60434 (and consolidated cases) (2000). See 47 C.F.R. 54.809. Ninth Report and Order, 14 FCC Rcd at 20484 para. 98. See 47 C.F.R. 54.313(a). Rural Task Force Recommendation at 33. Id. See 47 U.S.C. 254(e). . Ninth Report and Order, 14 FCC Rcd at 20483 para. 97. Id. Id. . 47 C.F.R. 54.709(a)(3). The Commission uses those support requirements to establish a contribution factor for the upcoming quarter. See 47 C.F.R. 54.709(a). USAC then uses the contribution factor to bill carriers and collect the appropriate amount of support to fund the universal service programs. Id. See Appendix A for the relevant rules. See Seventh Report and Order, 14 FCC Rcd at 8115-16
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Z Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition of Federal Transtel, Inc. for Waiver of the Universal Service Fund Contribution Requirements Under Sections 54.703, 54.709, and 54.711 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 AND ORDER ON RECONSIDERATION Adopted: September 18, 2001 Released: September 20, 2001 By the Commission: introduction In this Order, we deny the request of Federal Transtel, Inc. (Federal Transtel) to waive or reconsider the Commission's rules and permit Federal Transtel
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- through a separate monthly end-user charge, provided that no portion of such excess cost may be recovered through other common line access charges, or through Interstate Common Line Support. Section 69.131 is added as follows: 69.131 Universal service end user charges. To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to sections 54.706 and 54.709 of this chapter and the non-price cap local exchange carrier seeks to recover some or all of the amount of such contribution, the non-price cap local exchange carrier shall recover those contributions through a charge to end users other than Lifeline users. The charge to recover these contributions is not part of any other element established pursuant to part 69.
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- 2001). Sprint and WorldCom filed comments in response to USTA's petition on May 25, 2001. See Contribution Interval Order, 16 FCC Rcd at 5752, para. 10. A detailed description of how universal service contributions are calculated can be found in the Seventeenth Order on Reconsideration. See Federal-State Joint Board on Universal Service; Petitions for Waiver or Reconsideration of Section 54.706, 54.709, and/or 54.711 of the Commission's Rules, Memorandum Opinion Order and Seventeenth Order on Reconsideration, CC Docket No. 96-45, 15 FCC Rcd 20769 (1999). Contribution Interval Order, 16 FCC Rcd at 5753, para. 13. Contribution Interval Order, 16 FCC Rcd at 5751-52, para. 9. Contribution Interval Order, 16 FCC Rcd at 5752, para. 11. Carriers now file on a quarterly basis
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- Matrix Telecom, Inc., Notice of Apparent Liability for Forfeiture, FCC 00-262, (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter from Todd Murcer, Manager of Business Development, Matrix Telecom, Inc. to Suzanne M. Tetreault, Assistant Chief, Enforcement Bureau, dated May 30, 2000.
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit - - Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: February 9, 2001 Released: February 13, 2001 By the Commission: Commissioner Furchtgott-Roth issuing a separate statement. introduction In this Order, we deny the petition of Operator Communications, Inc. d/b/a Oncor
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- SHALL SEND a copy of this Report and Order and Order on Reconsideration to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A -FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart H - Administration Section 54.709 is amended by revising the fourth sentence of paragraph (a)(3) to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) * * * (3) * * * Based on data submitted to the Administrator on the Telecommunications Reporting Worksheets, the Administrator must submit the total contribution base to the Common Carrier Bureau at least
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- terms.). See Resale and Shared Use, 60 FCC 2d 261(1976), aff'd sub nom. AT&T v. FCC, 572 F.2d 17 (2d Cir.), cert. denied., 439 U.S. 895 (1978); Resale and Shared Use of Domestic Public Switched Network Services, 83 FCC 2d 167 (1980) recon. denied, 86 FCC 2d 820 (1981). 47 U.S.C. 254(d). 47 C.F.R. 54.706. 47 C.F.R. 54.709. The Commission has stated that merely combining telecommunications service with an enhanced service does not automatically deem the combined service enhanced. Rather, ``the issue is whether, functionally, the consumer is receiving two separate and distinct services.'' Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance Review for Local Exchange
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- (c) of this section. If a Board member vacates his or her seat prior to the completion of his or her term, the Administrator will notify the Wireline Competition Bureau of such vacancy, and a successor will be chosen pursuant to the nomination and appointment process described in paragraph (c) of this section. * * * * * 93. Section 54.709 is amended by revising paragraph (a)(3) to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (3) Total projected expenses for the federal universal service support mechanisms for each quarter must be approved by the Commission before they are used to calculate the quarterly contribution factor and individual contributions. For each quarter, the Administrator must
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- shall be $2.25 billion per funding year. All funding authority for a given funding year that is unused in that funding year shall be carried forward into subsequent funding years for use in accordance with demand. All funds collected that are unused shall be applied to stabilize universal service contributions in accordance with the public interest and consistent with 54.709(b) for no more than three quarters, beginning with third quarter 2002. Beginning no later than second quarter 2003, all funds collected that are unused shall be carried forward into subsequent funding years for use in the schools and libraries support mechanism in accordance with the public interest and notwithstanding the annual cap. **** Delete (a)(1) **** Delete (a)(2) APPENDIX B
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- based only on such entity's projected collected interstate end-user telecommunications revenues, net of projected contributions. For purposes of this paragraph, an "entity" shall refer to the entity that is subject to the universal service reporting requirements in 47 CFR 54.711 and shall include all of that entity's affiliated providers of telecommunications services. * * * * * 2. Amend section 54.709 to revise paragraphs (a), (a)(1), and the first sentence of paragraph (a)(2) as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) Prior to April 1, 2003, contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and on a contribution factor determined quarterly by the Commission. Contributions to the mechanisms
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- providers based only on such entity's interstate end-user telecommunications revenues, net of prior period actual contributions. For purposes of this paragraph, an ``entity'' shall refer to the entity that is subject to the universal service reporting requirements in 47 C.F.R. 54.711 and shall include all of that entity's affiliated providers of telecommunications services. * * * * * 3. Section 54.709 is amended by revising paragraph (a), paragraph (a)(1) and the first sentence of paragraph (a)(2) to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) Contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and a contribution factor determined quarterly by the Commission. (1) For funding the federal
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- Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18427, at para. 49 (1997) (Second Order on Reconsideration). The Commission directed USAC to calculate an individual carrier's quarterly contribution by multiplying the carrier's universal service revenue base (i.e., interstate and international end-user telecommunications revenues) by the relevant universal service contribution factor. See 47 C.F.R. 54.709(a)(2). See also Federal-State Joint Board on Universal Service Access Charge Reform, CC Docket Nos. 96-45 and 96-262, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, Sixth Report and Order in CC Docket No. 96-262, 15 FCC Rcd 1679 (2000). The contribution factor is based ``on the ratio of quarterly projected
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- C.F.R. 20.9(b)(1), 101.1013. See generally 47 U.S.C. 229, 1001 et seq.; 47 C.F.R. Part 64, Subparts V and W. See, e.g., 47 C.F.R. 1.815, 22.321. See generally 47 U.S.C. 225; 47 C.F.R. Part 64, Subpart F. See generally 47 U.S.C. 251(e); 47 C.F.R. Part 52. See generally 47 U.S.C. 254; 47 C.F.R. 54.706, 54.709. See generally 47 U.S.C. 159; 47 C.F.R. Part 1, Subpart G. We note that while Section 9 of the Communications Act, 47 U.S.C. 159, which prescribes the Commission's authority and obligation to collect regulatory fees, does not use the term ``licensee'' or ``carrier'' or any similar nomenclature, our orders prescribing regulatory fee amounts have used the term ``licensee''
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
- C.F.R. 20.9(b)(1), 101.1013. See generally 47 U.S.C. 229, 1001 et seq.; 47 C.F.R. Part 64, Subparts V and W. See, e.g., 47 C.F.R. 1.815, 22.321. See generally 47 U.S.C. 225; 47 C.F.R. Part 64, Subpart F. See generally 47 U.S.C. 251(e); 47 C.F.R. Part 52. See generally 47 U.S.C. 254; 47 C.F.R. 54.706, 54.709. See generally 47 U.S.C. 159; 47 C.F.R. Part 1, Subpart G. We note that while Section 9 of the Communications Act, 47 U.S.C. 159, which prescribes the Commission's authority and obligation to collect regulatory fees, does not use the term ``licensee'' or ``carrier'' or any similar nomenclature, our orders prescribing regulatory fee amounts have used the term ``licensee''
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- No. 96-45, FCC 97-157 (rel. June 4, 1997), and Erratum, 13 FCC Rcd 24493 (1997), aff'd in part, rev'd in part, remanded in part sub nom, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000) (Universal Service Order). See 47 C.F.R. 54.706, 54.709. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 21252 (1998) (Interim CMRS Safe Harbor Order). See id. at 21258-60, paras. 13-15. Id. at 21258-59, para. 13. The interim safe harbor percentages for paging providers and SMR providers that do not primarily provide wireless telephony were
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- Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. 254(d). See Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9206-07, 843-44 (1997) (subsequent history omitted). As of April 1, 2003, carrier contributions are based on carriers projected, rather than historical, revenues. See infra note 31. 47 C.F.R. 54.706, 54.709. See Amendment of Parts 54 and 69 -- Changes to the Board of Directors of the National Exchange Carriers Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the
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- 2004, available at http://www.universalservice.org/overview/ filings (filed October 31, 2003) (USAC Filing for First Quarter 2004 Projections). See Appendix A. See Schools and Libraries Further Notice, 18 FCC Rcd at 9234 para. 96 . See, e.g., USAC Filing for First Quarter 2004 Projections at 30-32. See CoSN and ISTE FNPRM Comments at 3; EdLiNC FNPRM Comments at 1. See 47 C.F.R. 54.709. See Wireline Competition Bureau Announces No Change in Third Quarter 2002 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, 17 FCC Rcd 11128, 11129 (2002). See Schools and Libraries Further Notice, 18 FCC Rcd at 9233 para 94. See NAIS FNPRM Comments at 1. Consistent with the Schools and Libraries Order, all unused funds as of second quarter
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- private meeting is warranted. Should we adopt procedures and rules to identify appropriate instances of when the Administrator's Board of Directors may hold a closed sessions? If so, what should those instances be? Filing and Reporting Requirements. Under our rules, the Administrator must submit periodic reports to the Commission. Section 54.702(g) requires USAC to submit an annual audit report. Section 54.709(a) requires USAC to submit, 60 days prior to the start of the quarter, financial and accounting data, including projected administrative expenses and projected program demand (i.e., amount of moneys USAC expects to disburse in the upcoming quarter for each USF mechanism). Section 54.709(a) also requires USAC to submit, 30 days prior to the start of each quarter, its estimate of
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- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See 47 C.F.R. 64.604(c). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed
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- Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- is used by the Commission and its administrators to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- by the company and used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
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- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,''
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- is used by the Commission and its administrators to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,''
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- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,''
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- FCC Rcd at 11318, para. 189; 47 C.F.R. 54.314(b). 47 C.F.R. 54.314(d)(1). See 47 C.F.R. 54.314(d). See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. Two months prior to the beginning of each quarter, USAC submits to the Commission estimated demand for the universal service support mechanisms, including high-cost support. See 47 C.F.R. 54.709(a)(3). Therefore, for the first quarter, USAC submits estimated demand amounts to the FCC on or before November 1. In order to submit an accurate estimate by that date, USAC needs to know no later than October 1 which carriers have been certified under the Commission's rules. See Rural Task Force Order, 16 FCC Rcd at 11319, para. 191. See, e.g.,
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- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893,19896, 5 (2003) (``Globcom NAL''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., Proposed Third Quarter 2003 Contribution
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- Rcd 14151 (2005) (``TMI NAL''). (last accessed November 25, 2005). See id.; Letter from Leon L .Nowalsky, Nowalsky, Bronston & Gothard, Counsel for Telecom Management, Inc., to Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, dated December 20, 2004 (``TMI December 20, 2004 Letter''), Response to Inquiry 5. 47 U.S.C. 254(d). 47 C.F.R. 54.706, 54.709. 47 C.F.R. 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 47 C.F.R. 54.711. See 47 C.F.R. 54.709(a). ces for Individuals with Hearing and Speech Disabilities, and
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- Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) (``LOI Response''). The Commission's rules specifically include OSPs and resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. See 47 C.F.R. 54.706(a)(3), (16). 47 U.S.C. 254(d). 47 C.F.R. 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 47 C.F.R. 54.711. See 47 C.F.R. 54.709(a). ce Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
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- because its sole underlying carrier, MCI, suspended service to Globcom. See Petition for Waiver of Section 63.71 and Section 63.19 of the Commission's Rules, dated November 1, 2005. The Commission's rules specifically include resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. 47 C.F.R. 54.706(a)(16). 47 C.F.R. 54.706, 54.709. Id. 64.604(c)(5)(iii)(A). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 47 C.F.R. 54.711. ng 47 U.S.C. 206-209, 312, 403, 503). sms, Telecommunications Services for Individuals with Hearing and
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- carrying out its mission to detect potential waste, fraud, and abuse in the USF. We therefore clarify that, going-forward, the OIG may use whatever type of audit it concludes would be better suited to evaluating USAC and its operations. We also clarify that the OIG may require the use of government auditing standards for these audits. Finally, we revise section 54.709 of our rules to require USAC to submit to the OMD projections of demand for USF support mechanisms, projections of revenue, projections of administrative expenses, and the contribution base. Contributions to the universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. We now revise our internal processes to require the OMD, instead of the
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- 54.903(a)(4). Because the effective date of this order falls during the last two quarters of the calendar year, the per-line ICLS in Anchorage is based on the actual common line cost and revenue data filed by ACS on December 31, 2006. Id. Therefore, we find it appropriate to set ICLS support at this rate. See 47 C.F.R. 54.706, 54.709. See Telecommunications Reporting Worksheet, FCC Form 499-A, Instructions at 25 (2007). ACS July 25, 2007 Ex Parte Letter at 4. See 47 C.F.R. 54.709 (contributions to the universal service fund are based on end-user telecommunications revenues). See id. 54.712. . Qwest Omaha Order, 20 FCC Rcd at 19435, para. 42. We note that although the Wireline Broadband Internet
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- that contributor's filing of an inaccurate or untruthful worksheet, failure to file a worksheet, or late payment of contributions.'') Id. See http://www.universalservice.org/fund-administration/contributors/revenue -reporting/late-filing-fees.aspx. A debtor that makes a payment late in effect unilaterally receives an extension of credit, which may or may not be accompanied by financial consequences, depending on the relative actions by the creditor. See 47 C.F.R. 54.709(a). See ``2006 FCC Form 499-A, Telecommunications Reporting Worksheet'' at Instructions-page 1 ``Instructions for Completing the Worksheet for Filing Contributions to Telecommunications Relay Service, Universal Service, Number Administration, and Local Number Portability Support Mechanisms,'' http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf (``2006 Telecommunications Reporting Worksheet Instructions''). 47 C.F.R. 54.711(a). Contributors must pay by the due date shown on the invoice from the Administrator. 47 C.F.R.
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- 96-45, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752 (2002) (Contribution Methodology Proceeding)); see id. at 7298-99, para. 23; see also Universal Service Contribution Methodology, WC Docket Nos. 06-122, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006). 47 U.S.C. 160(a). See 47 U.S.C. 160(a)(1). See 47 C.F.R. 54.709; 64.604(c)(5)(iii)(B); see also Prepaid Calling Card Order, 21 FCC Rcd at 7299, para. 25. The USF assessment is determined quarterly as a percentage of projected end-user interstate and international revenues. Proposed First Quarter 2007 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 06-2506 (rel. Dec. 13, 2006) (announcing a USF Contribution Factor of 9.7% for the first
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- 96-45 WC Docket No. 03-133 ORDER Adopted: May 9, 2007 Released: May 11, 2007 By the Commission: In this Order (Order), pursuant to section 1.429 of the Commission's rules, we dismiss the Expedited Petition to Reduce or Adjust the Proposed Fourth Quarter Contribution Factor filed by WilTel Communications, LLC (``WilTel''). Specifically, we find that the Petition was untimely filed. Section 54.709 of the Commission's rules directs the universal service fund (USF) Administrator (i.e., the Universal Service Administrative Company or USAC), to provide the Commission, on a quarterly basis, with projections of the demand for the universal service support mechanisms and the contribution base. The Commission uses that information to determine the quarterly contribution factor for the USF. Section 54.709 further states
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- gross-billed revenue. Interim Contribution Order, 17 FCC Rcd at 24969-74, 29-39. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 64 C.F.R. 64.604(c)(5)(iii)(B). See 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice, 18 FCC Rcd 11442 (Wir. Comp. Bur. 2003) (``Contribution payments are due
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- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). As of April 1, 2003, USAC bases a carrier's universal service obligation on the carrier's projected collected revenue rather than its historic gross-billed revenue. See Interim Contribution Order, 17 FCC Rcd at 24969-74, 29-39. 47 C.F.R. 54.713. Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act). See Telecommunications Relay Services
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- 1, 2003, USAC bases a contributor's universal service obligation on the contributors' projected collected revenue rather than its historic gross-billed revenue. Interim Contribution Order, 17 FCC Rcd at 24969-74 29-39. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Quarterly Reporting Order, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 47 C.F.R. 64.604(c)(5)(iii)(B). See, e.g., Interim Contribution Order, 17 FCC Rcd at 24971-72 35; Federal-State Board on Universal Service, Further Notice of Proposed Rulemaking and Order, 15 FCC Rcd 19947, 19954 17 (2000); Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45,
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- a quarterly interim cap amount of $20 million, USAC should project demand for that state at $20 million, even if disbursements based on the Commission's rules and Verizon Wireless's and Sprint Nextel's merger commitments are projected to be only $15 million. Any reclaimed support will be placed in reserve as discussed above. Second, on an interim basis, we waive section 54.709(b), which requires that USAC account for any difference between its projected revenue requirements and its actual revenue requirements as a prior period adjustment in the next quarterly demand filing. We find that there is good cause to waive section 54.709(b) on an interim basis. Specifically, we find that the public interest is served by temporarily reserving these funds as a
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- quarterly interim cap amount of $20 million, USAC should project demand for that state at $20 million, even if disbursements based on the Commission's rules and Verizon Wireless's and Sprint Nextel's merger commitments are projected to be only $15 million. Any reclaimed support will be placed in reserve as discussed above. 22. Second, on an interim basis, we waive section 54.709(b), which requires that USAC account for any difference between its projected revenue requirements and its actual revenue requirements as a prior period adjustment in the next quarterly demand filing.45We find that there is good cause to waive section 54.709(b) on an interim basis.46Specifically, we find that the public interest is served by temporarily reserving these funds as a down payment
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- paras. 26, 39. High-Cost Universal Service Support, Federal-State Joint Board on Universal Service, Request for Review of Decision of Universal Service Administrator by Corr Wireless Communications, LLC, WC Docket No. 05-337, CC Docket No. 96-45, Order and Notice of Proposed Rulemaking, FCC 10-155, paras. 23-25 (rel. September 3, 2010) (September 2010 NPRM). The Commission also waived, for 18 months, section 54.709(b) of the Commission's rules to enable it to direct USAC to reserve reclaimed funds as the Commission moves forward with broadband universal service reform, and also sought comment on amending the rule on a permanent basis. Section 54.709(b) requires that USAC account for any difference between its projected revenue requirements and its actual revenue requirements as a prior period adjustment
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- also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- Second Quarter 2010 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, DA 10-427 (OMD rel. Mar. 12, 2010). Because the Commission took no action regarding the projections of demand and administrative expenses and the proposed contribution factor within the 14-day period following release of the Public Notice, they were deemed approved by the Commission. See 47 C.F.R. 54.709(a)(3). See Peter Bluhm, Phyllis Bernt, PhD, and Jing Liu, State High-Cost Funds: Purposes, Design and Evaluation, National Regulatory Research Institute (Jan. 15, 2010) (finding that 21 states have established high-cost universal service funds). Texas Universal Service Fund (TUSF) at http://www.puc.state.tx.us/ocp/telephone/telefacts/USF.PDF (last visited Mar. 1, 2010). About the Colorado Public Utilities Commission Telecommunications Universal Service Fund - High-Cost Support Mechanism at
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- also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- to rates in urban areas); see also Broadband Data NPRM, FCC 11-14, at paras. 66-76 (seeking comment on whether and how the Commission should collect price data). Contributions are assessed on the basis of a contributor's projected collected interstate and international end-user telecommunications revenues, based on a percentage or ``contribution factor'' that is calculated every quarter. See 47 C.F.R. 54.709. A contributor may recover the costs of universal service contributions by passing an explicit charge through to its customers. 47 CFR 54.712(a). See Qwest II Remand Order, 25 FCC Rcd at 4088, para. 29 (explaining that the Commission could not be a prudent guardian of the public's resources without taking into account the costs of universal service, alongside the
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- that budget target. Specifically, we adopt a framework that will permit the universal service fund to accumulate reserves in the near term to be used to facilitate the transition to the CAF and to fund one-time universal service expenses, such as the Mobility Fund Phase I, without causing undesirable volatility in the contribution factor. To do this, we amend section 54.709(b), giving the Commission greater flexibility to direct USAC to manage collections to mitigate fluctuations in the contribution factor. Using this new flexibility, we then provide instruction to USAC to set quarterly demand filings so that consumers collectively do not contribute more than $4.5 billion on an annual basis to support service in rural and high cost areas. We also provide
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- See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based on quarterly filings are subject to an annual true-up. 47 C.F.R. 54.709(b). 47 C.F.R. 54.701(a). See 47 C.F.R. 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the ``red light rule,'' the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
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- that we take this matter up for Commission action. I look forward to working with all interested parties to complete this proceeding in a timely fashion. See Joint Statement on Broadband, GN Docket No. 10-66, Joint Statement on Broadband, 25 FCC Rcd 3420, 3421 (2010) (identifying comprehensive universal service reform as an essential goal for the Commission). 47 C.F.R. 54.709(a)(2). See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011) (USF/ICC Transformation Order and FNPRM), pets. for review pending sub nom. In re: FCC 11-161, No. 11-9900 (10th Cir. filed Dec. 8, 2011); Lifeline and Link Up Reform and Modernization Order et al., WC
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- U.S.C. 251(e)(2); 47 C.F.R. 52.32(a). 47 C.F.R. 1.1154, 1.1157(b)(1). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195; see also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). 47 C.F.R. 54.701(a). See id. 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form 499-A. See Federal-State Joint Board on Universal Service, Petition for Reconsideration Filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748, 5755, para. 19 & n.32 (2001) (Quarterly Reporting Order); 47 C.F.R. 54.709(a). Form
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- 119 See NANP Order, 11 FCC Rcd 2588. 120 See LNP Order and Further Notice, 11 FCC Rcd 8352. 121 We note that payments to the universal service support mechanisms are not filed with the Universal Service Worksheet. Instead, the universal service rules state that "[t]he administrator shall bill contributors and collect contributions on a quarterly basis." 47 C.F.R. 54.709(a)(4). 31 Federal Communications Commission FCC 98-233 collection functions? Would the ability to file a single check for multiple funding purposes benefit contributors? Would such a proposal create any risks or cause significant increases in administrative costs? We ask commenters to address any rule changes that would be necessary, so that the Commission might permit contributors to send only one check,
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- issues affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. 151, et seq. 47 U.S.C. 254. See 47 C.F.R. 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum,
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- of paragraph (b) to read as follows: * * * * * (b) * * * Absent documentation justifying the amount of universal service support requested for health care providers participating in a consortium, the Rural Health Care Corporation shall not 5 allow telecommunications carriers to offset, or receive reimbursement for, the amount eligible for universal service support. 13. Sections 54.709-54.715 are added to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) Contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and contribution factors determined quarterly by the Administrator. (1) For funding the schools and libraries and rural health care programs, the subject revenues will be contributors' interstate,
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- U.S. 957 (1979). 2. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 3. NECA Report and Order at para. 30. 4. NECA Report and Order at para. 57. 5. 47 C.F.R. 54.709(a)(3). On October 31, 1997, USAC, Schools and Libraries Corporation, and Rural Health Care Corporation submitted projections of demand and administrative expenses for their respective programs for the first quarter of 1998. Those figures were published in a public notice issued November 13, 1997. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (Acct. and Aud. rel. Nov. 13,
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- at an annual rate of pay, including any non-regular payments, bonuses, or other compensation, that does not exceed the rate of basic pay in effect for level I of the Executive Schedule under section 5312 of Title 5 of the United States Code.6 This rule will take effect on July 1, 1998. Finally, we reconsider, on our own motion, section 54.709 of the Commission's rules, which governs the date on which proposed universal service contribution factors become effective and eliminates the requirement that proposed contribution factors be published in the Federal Register. We conclude that, in the absence of further Commission action, the proposed contribution factors set forth in a Public Notice will be deemed approved 14 days after release of
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- a line port used for basic, analog service, local exchange carriers may recover the difference through a separate monthly end-user charge. As of June 30, 2000, these rates will be capped until June 30, 2005. 69.158 Universal Service End User Charges To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to 54.706 and 54.709 of this chapter and the incumbent LEC seeks to recover some or all of the amount of such contribution, the incumbent LEC shall recover those contributions through a charge to end users other than Lifeline users. These contributions are not a part of any price cap baskets, and the charge to recover these contributions is not part of any other
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- Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (rel. Nov. 13, 1997). On November 19, 1997, AT&T filed comments on the November 13th Public Notice. See Letter from Rick D. Bailey, AT&T, to Magalie Roman Salas, FCC, dated November 19, 1997. 11. 47 C.F.R. 54.709(a)(3).
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- Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96- 45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6 NECA Report and Order at para. 57. 7 NECA Report and Order at para. 47. 8 NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9 NECA Report and Order at para. 48. 10 Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97- 411 (rel. Dec. 16, 1997). 11 First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97- 2623 (rel. December 16, 1997). 2 On July 18, 1997, the Commission released
- http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html
- Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97-411 (rel. Dec. 16, 1997). 11. First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97-2623 (rel. December 16, 1997). 12. Because this table lists expenses, positive income flows are
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- parties, in response to the Windows Public Notice, have already suggested ways to prioritize distribution of funds if necessary. See Common Carrier Bureau Seeks Comment on Universal Service Support Distribution Options for Schools, Libraries, and Rural Health Care Providers, Public Notice, CC Docket No. 96-45, DA 97-1957 (rel. Sept. 10, 1997) (Windows Public Notice). 19 Pursuant to 47 C.F.R. 54.709(a), the Common Carrier Bureau released a Public Notice today announcing the proposed contribution factors for the third quarter. See Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, DA 98-856, Public Notice (rel. May 13, 1998). 20 5 U.S.C. 804(2)(exempting such rules from definition of "major rule"); see also 5 U.S.C. 801(a)(3)(only major rules
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, Public Notice, DA 98-856 (rel. May 13, 1998) (May 13th Public Notice). On May 22, 1998, the Cellular Telecommunications Industry Association and Comcast filed comments on the May 13th Public Notice. 2 47 C.F.R. 54.709(a)(3). Pursuant to section 54.709(a)(3), if the Commission takes no action regarding the proposed quarterly contribution factors within the 14-day period following publication of the factors in the Federal Register, the proposed factors shall be deemed approved by the Commission. The May 13th Public Notice was published in the Federal Register on May 26, 1998. The Division stated in the May
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- the approved third quarter 1998 universal service contribution factors that USAC shall use to calculate third quarter universal service contributions. USAC will bill and collect these contributions on a monthly basis.[21]^(17) For further information, contact Lori Wright, Accounting Policy Division, Common Carrier Bureau, at (202) 418-7400. -- Action by the Acting Chief, Common Carrier Bureau -- _____________________ 1. 47 C.F.R. 54.709(a). 2. Proposed Third Quarter Universal Service Contribution Factors Announced, Public Notice, DA 98-856 (rel. May 13, 1998) (May 13th Public Notice). On May 22, 1998, the Cellular Telecommunications Industry Association (CTIA) and Comcast filed comments on the May 13th Public Notice. 3. Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, 63 Fed. Reg. 28,510 (May
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- replace the effective date "March 13, 1998" with "March 19, 1998."[4]^(2) For further information, contact Sheryl Todd or Frances Downey, Universal Service Branch, Accounting and Audits Division, Common Carrier Bureau, at (202) 418-7400. _____________________ 1. Proposed Second Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, Public Notice, DA 98-413 (rel. Feb. 27, 1998). 2. Pursuant to section 54.709 of the Commission's rules, the announced contribution factors will take effect 14 days from the date of publication in the Federal Register unless the Commission takes action before that date. 47 C.F.R. 54.709(a)(3). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.wp 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.html#N_2_
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- American Telephone Network, LLC, 15 FCC Rcd 14022 (Enf. Bureau 2000) (``NAL''). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). NATN paid approximately $186,000 in universal service contributions in 1998 but nothing further until March 2000. According to USAC, NATN's total liability through January 2000 exceeded $1.1 million. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000 (``February 2000 letter''). Letter from Kay P. Shihata, CPA, Accounting Manager, North American Telephone Network
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- Advanced paid some, but not all, of its required universal service contributions. From October 1999 to the present, Advanced has made one payment of less than $9,000. Consequently, Advanced is more than a year in arrears and its unpaid contribution balance has grown to more than $260,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. Advanced has not done so, and we find that Advanced's failures to make the required contributions are both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's
- http://transition.fcc.gov/eb/Orders/2001/fcc01048.doc http://transition.fcc.gov/eb/Orders/2001/fcc01048.html
- Matrix Telecom, Inc., Notice of Apparent Liability for Forfeiture, FCC 00-262, (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter from Todd Murcer, Manager of Business Development, Matrix Telecom, Inc. to Suzanne M. Tetreault, Assistant Chief, Enforcement Bureau, dated May 30, 2000.
- http://transition.fcc.gov/eb/Orders/2001/fcc01106.doc http://transition.fcc.gov/eb/Orders/2001/fcc01106.html
- apparently liable for forfeiture for willful and repeated violations of 47 U.S.C. 254 and the Commission's rules governing universal service contributions. According to USAC's records, PTT has not paid any of its required universal service contributions. Consequently, PTT's unpaid contribution balance has grown to approximately $925,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. PTT has not done so, and we find that PTT's failures to make the required contributions are not only apparently willful and repeated but also apparently egregious and intentional. The term ``willful'' means that the violator knew that it was taking the action in question,
- http://transition.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
- Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 5 47 U.S.C. 254(d). 6 See Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9206-07, 843-44 (1997) (subsequent history omitted). As of April 1, 2003, carrier contributions are based on carriers projected, rather than historical, revenues. See infra note 31. 7 47 C.F.R. 54.706, 54.709. 8 See Amendment of Parts 54 and 69 -- Changes to the Board of Directors of the National Exchange Carriers Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 9 Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act).
- http://transition.fcc.gov/eb/Orders/2004/DA-04-91A1.html
- that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's agreement
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
- Service, Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 16Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 17See 47 C.F.R. 64.604(c). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
- Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 26 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 27 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
- and is used by the Commission and its administrators to track the carrier's contributions and invoices. 22Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 23 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
- filings by the company and used to track the carrier's contributions and invoices. 17Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice,
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
- by the company and is used to track the carrier's contributions and invoices. 7Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 8See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice,
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
- has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 12 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 13 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 18 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 19 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
- is used by the Commission and its administrators to track the carrier's contributions and invoices. 15 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 16 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 14 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 15 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893,19896, P 5 (2003) ("Globcom NAL"); 47 C.F.R. S 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., Proposed Third Quarter 2003 Contribution
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
- (2005) ("TMI NAL"). See [1]http://support.pioneertelephone.com/test/support.asp?kb=42 (last accessed November 25, 2005). See id.; Letter from Leon L .Nowalsky, Nowalsky, Bronston & Gothard, Counsel for Telecom Management, Inc., to Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, dated December 20, 2004 ("TMI December 20, 2004 Letter"), Response to Inquiry 5. 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. 47 C.F.R. SS 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
- Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) ("LOI Response"). The Commission's rules specifically include OSPs and resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. See 47 C.F.R. S 54.706(a)(3), (16). 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket
- http://transition.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
- because its sole underlying carrier, MCI, suspended service to Globcom. See Petition for Waiver of Section 63.71 and Section 63.19 of the Commission's Rules, dated November 1, 2005. The Commission's rules specifically include resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. 47 C.F.R. S 54.706(a)(16). 47 C.F.R. SS 54.706, 54.709. Id. S 64.604(c)(5)(iii)(A). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See FCC Form 499-A Telecommunications Reporting Worksheet - Annual Filing, http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf (April 2003) ("Annual Worksheet"). See Federal-State
- http://transition.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
- Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) ("Carrier Selection Order"). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S: 54.709(a). 47 C.F.R. S: 54.713. Further, under the Commission's "red light rule," action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
- for the prior quarter by the beginning of the second month in each quarter (i.e., February 1, May 1, August 1, and November 1). See Quarterly Reporting Order, 16 FCC Rcd at 5755, P 19 & n.32. See FCC Form 499-Q Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (April 2003) ("Quarterly Worksheet"). See 47 C.F.R. S 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
- for the prior quarter by the beginning of the second month in each quarter (i.e., February 1, May 1, August 1, and November 1). See Quarterly Reporting Order, 16 FCC Rcd at 5755, P 19 & n.32. See FCC Form 499-Q Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (April 2003) ("Quarterly Worksheet"). See 47 C.F.R. S 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
- See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026. See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S: 54.709(a). As of April 1, 2003, USAC bases a carrier's universal service obligation on the carrier's projected collected revenue rather than its historic gross-billed revenue. See Interim Contribution Order, 17 FCC Rcd at 24969-74, P:P: 29-39. 47 C.F.R. S: 54.713. Pub. L. No. 101-336, S: 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act). See Telecommunications Relay Services
- http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
- and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 P:P: 63-64. 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
- http://transition.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
- U.S.C. S: 251(e)(2); 47 C.F.R. S: 52.32(a). 47 C.F.R. S:S: 1.1154, 1.1157(b)(1). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195; see also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). 47 C.F.R. S: 54.701(a). See id. S:S: 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form 499-A. See Federal-State Joint Board on Universal Service, Petition for Reconsideration Filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748, 5755, para. 19 & n.32 (2001) (Quarterly Reporting Order); 47 C.F.R. S: 54.709(a). Form
- http://transition.fcc.gov/eb/Orders/da001746.doc http://transition.fcc.gov/eb/Orders/da001746.txt
- As of July 1, 2000, including late payment and filing penalties, the amount NATN owes exceeds $800,000. III. DISCUSSION 5. We conclude that NATN is apparently liable for forfeiture for willful and repeated violations of section 254 of the Act and the Commission's rules governing universal service contributions. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. The record before us reflects that although NATN made two universal service payments in 1998, it made no payments between November 1998 and February 2000. Moreover, during this period, NATN apparently received, but ignored, USAC's invoices, and consistently failed to respond
- http://transition.fcc.gov/eb/Orders/fcc00261.doc http://transition.fcc.gov/eb/Orders/fcc00261.txt
- May, and June. III. DISCUSSION 5. We conclude that Intellicall is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1998, Intellicall has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Intellicall's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://transition.fcc.gov/eb/Orders/fcc00262.doc http://transition.fcc.gov/eb/Orders/fcc00262.txt
- since May 2000. III. DISCUSSION 5. We conclude that Matrix is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1999, Matrix has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Matrix's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://transition.fcc.gov/eb/Orders/fcc00276.doc http://transition.fcc.gov/eb/Orders/fcc00276.txt
- section 254 of the Act and the Commission's rules governing universal service contributions. From February 1998 until May 2000, ATNC failed to pay any portion of its universal service obligations. Beginning in May 2000, ATNC has paid a little more than 25 percent of the total amount owed. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that ATNC's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://transition.fcc.gov/eb/Orders/fcc00390.doc http://transition.fcc.gov/eb/Orders/fcc00390.html http://transition.fcc.gov/eb/Orders/fcc00390.txt
- Intellicall Operator Services, Notice of Apparent Liability for Forfeiture, FCC 00-261 (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000. The limit contained in the text of the statute for each violation or each day of a continuing violation is $100,000, and
- http://transition.fcc.gov/eb/Orders/fcc00423.doc http://transition.fcc.gov/eb/Orders/fcc00423.html http://transition.fcc.gov/eb/Orders/fcc00423.txt
- Notice of Apparent Liability for Forfeiture, FCC 00-276 (released August 1, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000 (``Bureau's February 2000 letter''). Letter from Charles H. Helein, Esq., counsel for ATNC, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau, dated February 25, 2000, citing Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (subsequent history
- http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1998/fcc98233.wp
- 119 See NANP Order, 11 FCC Rcd 2588. 120 See LNP Order and Further Notice, 11 FCC Rcd 8352. 121 We note that payments to the universal service support mechanisms are not filed with the Universal Service Worksheet. Instead, the universal service rules state that "[t]he administrator shall bill contributors and collect contributions on a quarterly basis." 47 C.F.R. 54.709(a)(4). 31 Federal Communications Commission FCC 98-233 collection functions? Would the ability to file a single check for multiple funding purposes benefit contributors? Would such a proposal create any risks or cause significant increases in administrative costs? We ask commenters to address any rule changes that would be necessary, so that the Commission might permit contributors to send only one check,
- http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99235.doc
- incumbent LEC." A price cap LEC may not elect to participate in this support mechanism unless it also elects to participate in the interstate access charge rules described in Parts 61.--- and 69.---. Nothing in this subsection alters a carrier's obligation, or the obligations of providers of interstate telecommunications, to contribute to universal service support pursuant to Section 54.706 and 54.709. Support that would be provided, if such incumbent LECs participated in this Subpart, to areas served by price cap incumbent LECs not electing to participate in this Subpart will not be distributed or collected. In the event that all or a portion of a study area served by a participating price cap LEC is sold to an entity other than
- http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2000/fcc00359.doc
- Content-Type: text/plain Content-Transfer-Encoding: 8bit w w w Before the Federal Communications Commission Washington, DC 20554 In the Matters of ) ) Federal-State Joint Board on ) CC Docket No. 96-45 Universal Service ) ) Petition for Forbearance from ) Enforcement of Sections 54.709 and 54.711 ) of the Commission's Rules by ) ) Operator Communications, Inc. ) d/b/a Oncor Communications, Inc. ) further Notice of proposed rulemaking and ORder Adopted: October 2, 2000 Released: October 12, 2000 Comment Date: 21 days after publication in the Federal Register Reply Comment Date: 35 days after publication in the Federal Register By the Commission: INTRODUCTION In
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- issues affecting universal service. For purposes of this Notice, the term "carrier" is synonymous with all filers of universal service contribution worksheets. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (the Act). The 1996 Act amended the Communications Act of 1934. 47 U.S.C. 151, et seq. 47 U.S.C. 254. See 47 C.F.R. 54.706, 54.709, 54.711. For purposes of this Order and unless otherwise stated, the term ``end-user revenues'' shall refer to a contributor's interstate and international end-user telecommunications revenues. See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9199, para. 829, 9211, para. 855 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum,
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- of paragraph (b) to read as follows: * * * * * (b) * * * Absent documentation justifying the amount of universal service support requested for health care providers participating in a consortium, the Rural Health Care Corporation shall not 5 allow telecommunications carriers to offset, or receive reimbursement for, the amount eligible for universal service support. 13. Sections 54.709-54.715 are added to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) Contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and contribution factors determined quarterly by the Administrator. (1) For funding the schools and libraries and rural health care programs, the subject revenues will be contributors' interstate,
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- U.S. 957 (1979). 2. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 3. NECA Report and Order at para. 30. 4. NECA Report and Order at para. 57. 5. 47 C.F.R. 54.709(a)(3). On October 31, 1997, USAC, Schools and Libraries Corporation, and Rural Health Care Corporation submitted projections of demand and administrative expenses for their respective programs for the first quarter of 1998. Those figures were published in a public notice issued November 13, 1997. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (Acct. and Aud. rel. Nov. 13,
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- at an annual rate of pay, including any non-regular payments, bonuses, or other compensation, that does not exceed the rate of basic pay in effect for level I of the Executive Schedule under section 5312 of Title 5 of the United States Code.6 This rule will take effect on July 1, 1998. Finally, we reconsider, on our own motion, section 54.709 of the Commission's rules, which governs the date on which proposed universal service contribution factors become effective and eliminates the requirement that proposed contribution factors be published in the Federal Register. We conclude that, in the absence of further Commission action, the proposed contribution factors set forth in a Public Notice will be deemed approved 14 days after release of
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- July 17, 1998). 66 See Petitions for Waiver of Section 54.703 Filed by: Gateway USA Holding Company, Inc., Cosmos Telecom Marketing, Inc., Sitel, Inc., Microdevices Worldwide Inc., Startec Global Communications Corporation, Public Notice, DA 98-865 CC Docket No. 96-45, 13 FCC Rcd 9420 (rel. May 8, 1998). 67 See Universal Service Order, 12 FCC Rcd 8776, 9174; 47 C.F.R. 54.709(a)(1). 15 revenue from non-contributing resellers, and for reporting revenue where affiliates have interstate revenues, each of these policies was previously incorporated in the relevant worksheets and furthers a particular accounting or auditing goal. We observe that none of these policies were highlighted in the Notice because our primary goal in this proceeding was to facilitate the consolidation of the various
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- discounts for eligible services bundled with ineligible services, the instructions also require applicants to apportion the costs of eligible and ineligible services. See Letter of Appeal at 1. Id. The Commission's rules require that applicants file a completed Form 471 by the filing window deadline to be considered pursuant to the funding priorities for ``in-window'' applicants. 47 C.F.R. 54.504(c); 54.709(c). (continued....) Federal Communications Commission DA 00-2701 Federal Communications Commission DA 00-2701 / `` @ @& 0 0 0 0 0 0
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00118.doc
- (PCIA) filed a petition seeking, inter alia, clarification of whether universal service charges that carriers recover from their customers would be included in carriers' end-user telecommunications revenues for purposes of determining carriers' contribution bases. . In the universal service Second Order on Reconsideration, the Commission adopted a rule setting forth the method of computation for universal service contributions. Specifically, section 54.709(a) of the Commission's rules provides, in relevant part, that contributions to the universal service support mechanisms shall be based on contributors' end-user telecommunications revenues and a contribution factor determined quarterly by the Administrator, the Universal Service Administrative Company (USAC). The rule further provides that the quarterly universal service contribution factor shall be based on the ratio of total projected quarterly
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- a line port used for basic, analog service, local exchange carriers may recover the difference through a separate monthly end-user charge. As of June 30, 2000, these rates will be capped until June 30, 2005. 69.158 Universal Service End User Charges To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to 54.706 and 54.709 of this chapter and the incumbent LEC seeks to recover some or all of the amount of such contribution, the incumbent LEC shall recover those contributions through a charge to end users other than Lifeline users. These contributions are not a part of any price cap baskets, and the charge to recover these contributions is not part of any other
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition for Forbearance from Enforcement of Sections 54.709 and 54.711 of the Commission's Rules by Operator Communications, Inc. d/b/a Oncor Communications, Inc. ) ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 Adopted: February 9, 2001 Released: February 13, 2001 By the Commission: Commissioner Furchtgott-Roth issuing a separate statement. introduction In this Order, we deny the petition of Operator Communications, Inc. d/b/a Oncor
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- SHALL SEND a copy of this Report and Order and Order on Reconsideration to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary APPENDIX A -FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart H - Administration Section 54.709 is amended by revising the fourth sentence of paragraph (a)(3) to read as follows: 54.709 Computations of required contributions to universal service support mechanisms. (a) * * * (3) * * * Based on data submitted to the Administrator on the Telecommunications Reporting Worksheets, the Administrator must submit the total contribution base to the Common Carrier Bureau at least
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- FCC, 5th Cir. No. 00-60434 (and consolidated cases) (2000). See 47 C.F.R. 54.809. Ninth Report and Order, 14 FCC Rcd at 20484 para. 98. See 47 C.F.R. 54.313(a). Rural Task Force Recommendation at 33. Id. See 47 U.S.C. 254(e). . Ninth Report and Order, 14 FCC Rcd at 20483 para. 97. Id. Id. . 47 C.F.R. 54.709(a)(3). The Commission uses those support requirements to establish a contribution factor for the upcoming quarter. See 47 C.F.R. 54.709(a). USAC then uses the contribution factor to bill carriers and collect the appropriate amount of support to fund the universal service programs. Id. See Appendix A for the relevant rules. See Seventh Report and Order, 14 FCC Rcd at 8115-16
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit - - - - - - Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Petition of Federal Transtel, Inc. for Waiver of the Universal Service Fund Contribution Requirements Under Sections 54.703, 54.709, and 54.711 of the Commission's Rules ) ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 AND ORDER ON RECONSIDERATION Adopted: September 18, 2001 Released: September 20, 2001 By the Commission: introduction In this Order, we deny the request of Federal Transtel, Inc. (Federal Transtel) to waive or reconsider the Commission's rules and permit Federal Transtel
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- Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Proposed First Quarter Universal Service Contribution Factors, Public Notice, DA 97-2392 (rel. Nov. 13, 1997). On November 19, 1997, AT&T filed comments on the November 13th Public Notice. See Letter from Rick D. Bailey, AT&T, to Magalie Roman Salas, FCC, dated November 19, 1997. 11. 47 C.F.R. 54.709(a)(3).
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- Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96- 45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6 NECA Report and Order at para. 57. 7 NECA Report and Order at para. 47. 8 NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9 NECA Report and Order at para. 48. 10 Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97- 411 (rel. Dec. 16, 1997). 11 First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97- 2623 (rel. December 16, 1997). 2 On July 18, 1997, the Commission released
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- Carrier Association, Inc., Federal-State Joint Board on Universal Service, Report and Order and Second Order on Reconsideration, CC Dockets No. 97-21, 96-45, FCC 97-253 (rel. July 18, 1997) (NECA Report and Order). 6. NECA Report and Order at para. 57. 7. NECA Report and Order at para. 47. 8. NECA Report and Order at paras. 43-48. See also 47 C.F.R. 54.709(a)(2), (3), and 54.711(b). 9. NECA Report and Order at para. 48. 10. Federal-State Joint Board on Universal Service, Third Order on Reconsideration, CC Docket 96-45, FCC 97-411 (rel. Dec. 16, 1997). 11. First Quarter 1998 Universal Service Contribution Factors Revised and Approved, Public Notice, DA 97-2623 (rel. December 16, 1997). 12. Because this table lists expenses, positive income flows are
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 47 C.F.R. 54.709(a). 2 Because this table lists expenses, positive income flows are denoted with parentheses. 3 SLC projected that the funding demand for the schools and libraries program for the third quarter of 1998 would be $690 million. See Letter from Ira Fishman, SLC, to Magalie Roman Salas, FCC, dated May 11, 1998. 4 SLC reported that interest earned in the third
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- parties, in response to the Windows Public Notice, have already suggested ways to prioritize distribution of funds if necessary. See Common Carrier Bureau Seeks Comment on Universal Service Support Distribution Options for Schools, Libraries, and Rural Health Care Providers, Public Notice, CC Docket No. 96-45, DA 97-1957 (rel. Sept. 10, 1997) (Windows Public Notice). 19 Pursuant to 47 C.F.R. 54.709(a), the Common Carrier Bureau released a Public Notice today announcing the proposed contribution factors for the third quarter. See Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, DA 98-856, Public Notice (rel. May 13, 1998). 20 5 U.S.C. 804(2)(exempting such rules from definition of "major rule"); see also 5 U.S.C. 801(a)(3)(only major rules
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- Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, Public Notice, DA 98-856 (rel. May 13, 1998) (May 13th Public Notice). On May 22, 1998, the Cellular Telecommunications Industry Association and Comcast filed comments on the May 13th Public Notice. 2 47 C.F.R. 54.709(a)(3). Pursuant to section 54.709(a)(3), if the Commission takes no action regarding the proposed quarterly contribution factors within the 14-day period following publication of the factors in the Federal Register, the proposed factors shall be deemed approved by the Commission. The May 13th Public Notice was published in the Federal Register on May 26, 1998. The Division stated in the May
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- Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9173 at 777 (rel. May 8, 1997) (Report and Order), consolidated appeals pending sub nom. Texas Office of Public Utility Counsel v. FCC, Civ. No. 97-60421 (5th Cir.); 47 C.F.R. 54.703. 2 Report and Order 780; 47 C.F.R. 54.703. 3 47 C.F.R. 54.709, 54.711. News media information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov PUBLIC NOTICE Federal Communications Commission 1919 M St., N.W. Washington, D.C. 20554 DA 98-1098 Released: June 9, 1998 MOBILETEL, INC. PETITION FOR PARTIAL WAIVER PLEADING CYCLE ESTABLISHED CC Docket No. 96-45 Comment Date: June 23, 1998 Reply Comment Date: June 30, 1998 In the May 8,
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- the approved third quarter 1998 universal service contribution factors that USAC shall use to calculate third quarter universal service contributions. USAC will bill and collect these contributions on a monthly basis.[21]^(17) For further information, contact Lori Wright, Accounting Policy Division, Common Carrier Bureau, at (202) 418-7400. -- Action by the Acting Chief, Common Carrier Bureau -- _____________________ 1. 47 C.F.R. 54.709(a). 2. Proposed Third Quarter Universal Service Contribution Factors Announced, Public Notice, DA 98-856 (rel. May 13, 1998) (May 13th Public Notice). On May 22, 1998, the Cellular Telecommunications Industry Association (CTIA) and Comcast filed comments on the May 13th Public Notice. 3. Proposed Third Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, 63 Fed. Reg. 28,510 (May
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- the 14-day period following release of this Public Notice, the projections shall be deemed approved by the Commission and shall be used by USAC to calculate third quarter universal service contributions.[12]^(9) For further information, contact Lori Wright, Accounting Policy Division, Common Carrier Bureau, at (202) 418-7400. -- Action by the Chief, Accounting Policy Division -- _____________________ 1. See 47 C.F.R. 54.709(a). 2. Because this table lists expenses, positive income flows are denoted with parentheses. 3. SLC reported that interest earned in the fourth quarter will depend on the size of collections and the amount and rate of disbursement in October. SLC made the conservative assumption that interest income would be zero. See Schools and Libraries Corporation Fund Program Size Projections for
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- v. FCC and USA, No. 98-60213 (5th Cir. 1998); Federal-State Joint Board on Universal Service, Fifth Order on Reconsideration and Fourth Report and Order in CC Docket No. 96-45, FCC 98-120 (rel. June 22, 1998); Federal-State Joint Board on Universal Service, Order and Order on Reconsideration, CC Docket No. 96-45, FCC 98-160 (rel. July 17, 1998). 2 47 C.F.R. 54.709, 54.711. 2 Contributions to the universal service support mechanisms must be based in part on contributors' end-user telecommunications revenues from the previous year.2 Network Operator Services, Inc. (NOS) is an interstate telecommunications carrier. It has experienced a reduction in its end-user revenues. As a result, on August 28, 1998, NOS filed a petition requesting authority to calculate its contribution on
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- all interstate telecommunications carriers, payphone providers, and others which provide interstate telecommunications service for a fee to contribute to the Universal Service Funds.1 Carriers that provide only international telecommunications service are not required to contribute to the universal service support mechanisms. By letter dated July 23, 1998, RealWorld Advanced Technology Inc. (RealWorld) requested that the Commission waive sections 54.705, 54.707, 54.709, 54.711, and 2 See 47 C.F.R. 54.705, 54.707, 54.709, 54.711, and 54.713. 2 54.713 of the Commission's rules.2 RealWorld is a reseller of international telecommunications service. RealWorld states that more than 99 percent of its calls originate and terminate abroad, and the remainder terminate in the United States. RealWorld seeks waiver of the rules in order to contribute directly
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- replace the effective date "March 13, 1998" with "March 19, 1998."[4]^(2) For further information, contact Sheryl Todd or Frances Downey, Universal Service Branch, Accounting and Audits Division, Common Carrier Bureau, at (202) 418-7400. _____________________ 1. Proposed Second Quarter 1998 Universal Service Contribution Factors Announced, CC Docket No. 96-45, Public Notice, DA 98-413 (rel. Feb. 27, 1998). 2. Pursuant to section 54.709 of the Commission's rules, the announced contribution factors will take effect 14 days from the date of publication in the Federal Register unless the Commission takes action before that date. 47 C.F.R. 54.709(a)(3). References 1. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.wp 2. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980413.html 3. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.html#N_1_ 4. http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/er980413.html#N_2_
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- Fifth Circuit's mandate pending further action from the Fifth Circuit. Accordingly, the Commission's existing rules regarding contributions to the universal service support mechanisms remain valid and in effect, and the contribution factors for the fourth quarter of 1999 shall be calculated based on those rules. Carriers that fail to contribute to the universal service support mechanisms in Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of fourth quarter 1999 demand ԍ Federal Universal Service Programs Fund Size Projections & Contribution Base For the Fourth Quarter Projected Program n Administrative Application of Balance From of Interest Application of Periodic Total Program Schools and Rural Low December 1998 based on information contained
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- that universal service contributions are now calculated using a single contribution factor based on interstate and international end-user telecommunications revenues. The Commission also exempted from the contribution base the international revenues of interstate carriers whose interstate revenues account for less than 8 percent of their combined interstate and international revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections of demand and administrative expenses for the first quarter of 2000: ($ millions) Program Projected Program Support Admin. Expenses Application of Balance From Prior Period Application of Interest Income Application of Periodic True-Ups Total Program Collection Schools and Libraries 552.710 9.790 (57.250) (6.914) (6.423) 491.913 Rural
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- Proposed Second Quarter 2000 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the second quarter of 2000. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
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- Proposed Third Quarter 2000 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the third quarter of 2000. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
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- Proposed Fourth Quarter 2000 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the fourth quarter of 2000. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
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- Proposed First Quarter 2001 Universal Service Contribution Factor CC Docket No. 96-45 In this Public Notice, the Common Carrier Bureau announces the proposed universal service contribution factor for the first quarter of 2001. Rules for Calculating the Contribution Factor Contributions to the federal universal service support mechanisms are determined using a quarterly contribution factor calculated by the Commission. Under section 54.709 of the Commission's rules, the Commission shall calculate the quarterly contribution factor based on the ratio of total projected quarterly costs of the universal service support mechanisms to total end-user interstate and international telecommunications revenues. USAC Projections of Demand and Administrative Expenses Pursuant to section 54.709(a)(3) of the Commission's rules, the Universal Service Administrative Company (USAC) submitted the following projections
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mrd99-4.pdf
- and by type of applicant. The complete lists of funding commitments are too lengthy to list, but are available at our web site.7 Tables 4.2a and 4.2b are based on the same data as Tables 4.1a and 4.1b, and show, on a state by state basis, funding commitments for the three types of services: Internet access, 4 47 C.F.R. 54.709 (a). 5 Ibid, page 16 6 See SLC Web site http://www.sl.universal service.org. 7 Both spreadsheets are zipped, and can be found on the FCC-State Link web site at http://www.fcc.gov/ccb/stats. Both the first and second funding period commitments are in the file . 4 - 4 telecommunications and dedicated access, and internal connections. Table 4.2a summarizes the first funding period
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- May, and June. III. DISCUSSION 5. We conclude that Intellicall is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1998, Intellicall has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Intellicall's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
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- since May 2000. III. DISCUSSION 5. We conclude that Matrix is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1999, Matrix has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Matrix's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001746.doc
- As of July 1, 2000, including late payment and filing penalties, the amount NATN owes exceeds $800,000. III. DISCUSSION 5. We conclude that NATN is apparently liable for forfeiture for willful and repeated violations of section 254 of the Act and the Commission's rules governing universal service contributions. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. The record before us reflects that although NATN made two universal service payments in 1998, it made no payments between November 1998 and February 2000. Moreover, during this period, NATN apparently received, but ignored, USAC's invoices, and consistently failed to respond
- http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00276.doc
- section 254 of the Act and the Commission's rules governing universal service contributions. From February 1998 until May 2000, ATNC failed to pay any portion of its universal service obligations. Beginning in May 2000, ATNC has paid a little more than 25 percent of the total amount owed. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that ATNC's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.html
- No. 93-144/RM 8117, RM 8030, RM 8029)/Implementation of Sections 3(n) and 322 of the Communications Act - Regulatory Treatment of Mobile Services (GN Docket No. 93-252). Reply Comments to Opposition to Petition for Reconsideration - American Mobile Telecommunications, Inc. In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45)/Petitions for Waiver or Reconsideration of Section 54.706, 54.709, and/or 54.711 of the Commission's Rules filed by Affinity Corporation, Hotel Communications,Inc., LDC Telecommunications, Inc., MobileTel, Inc., National Telephone & Communications, Inc., Network Operator Services, Inc., Operator Communications, Inc., U.S. Network, Inc. Opposition - BellSouth Corporation. April 21 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, (Madisonville, and College Station, Texas)(MM Docket No. 99-331/RM
- http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd991014.html
- Wireless Division: Steve A. Mackoul at (202) 418-7240. News Media Contact: Meribeth McCarrick (202) 418-0654. Internet URL: [32]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992165.do c ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- STATEMENT OF FCC CHAIRMAN WILLIAM E. KENNARD ON PASSAGE OF WIRELESS 911 LEGISLATION. Internet URL: [33]http://www.fcc.gov/Speeches/Kennard/Statements/stwek964.html ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE. Denied Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commissions Rules filed by Affinity Corporation, Hotel Communications, Inc., LDC Telecommunications, Inc., MobileTel, Inc., National Telephone & Communications, Inc., Network Operator Services, Inc., Operator Communications, Inc., U.S. Network, Inc. By Memorandum Opinion and Order and Seventeenth Order on Reconsideration. Dkt No.: CC-96-45. Action by the Commission. Adopted: October 6, 1999. by MO&O. (FCC No. 99-280). CCB
- http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010920.html
- consider application as timely filed within the filing window. (Dkt No. 96-45, 97-21). Action by: By the Deputy Chief, Accounting Policy Division. Adopted: 09/19/2001 by ORDER. (DA No. 01-2185). CCB [12]DA-01-2185A1.doc [13]DA-01-2185A1.pdf [14]DA-01-2185A1.txt IN THE MATTER OF FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE; PETITION OF FEDERAL TRANSTEL, INC., FOR WAIVER OF THE UNIVERSAL SERVICE FUND CONTRIBUTION REQUIREMENTS UNDER SECTIONS 54.703, 54.709, AND 54.711. Denied the Petition for Waiver or Reconsideration filed July 20, 1999 by Federal Transtel, Inc.. (Dkt No. 96-45). Action by: The Commission. Adopted: 09/18/2001 by MO&O. (FCC No. 01-268). CCB. Contact Katherine Schroder [15]FCC-01-268A1.doc [16]FCC-01-268A1.pdf [17]FCC-01-268A1.txt IN THE MATTET OF CROSS-OWNERSHIP OF BROADCAST STATIONS AND NEWSPAPERS; AND NEWSPAPER/RADIO CROSS-OWNERSHIP WAIVER POLICY. Seek to examine our cross-ownership policies in
- http://www.fcc.gov/bureaus/wcb/tapd/universal_service/Archives/schoolsandlibs2007archive.html
- services deadline in cases where the service provider is unable to complete implementation for reasons beyond the service provider's control, we grant Hickory Public Schools appeal and remand it to USAC for appropriate action consistent with this Order. Released on June 20, 2007. CC Docket No. 02-6. (DA 07-2694) DA 07-2694 [45]Word | [46]Acrobat 6/11/07 Public Notice: Pursuant to section 54.709(a)(3) of the Commissions rules, on May 2, 2007, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USACs projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries
- http://www.fcc.gov/eb/Orders/2001/da01540.doc http://www.fcc.gov/eb/Orders/2001/da01540.html
- American Telephone Network, LLC, 15 FCC Rcd 14022 (Enf. Bureau 2000) (``NAL''). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). NATN paid approximately $186,000 in universal service contributions in 1998 but nothing further until March 2000. According to USAC, NATN's total liability through January 2000 exceeded $1.1 million. Letter from David H. Solomon, Chief, Enforcement Bureau, to North American Telephone Network dated February 16, 2000 (``February 2000 letter''). Letter from Kay P. Shihata, CPA, Accounting Manager, North American Telephone Network
- http://www.fcc.gov/eb/Orders/2001/da01542.doc http://www.fcc.gov/eb/Orders/2001/da01542.html
- Advanced paid some, but not all, of its required universal service contributions. From October 1999 to the present, Advanced has made one payment of less than $9,000. Consequently, Advanced is more than a year in arrears and its unpaid contribution balance has grown to more than $260,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. Advanced has not done so, and we find that Advanced's failures to make the required contributions are both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's
- http://www.fcc.gov/eb/Orders/2001/fcc01048.doc http://www.fcc.gov/eb/Orders/2001/fcc01048.html
- Matrix Telecom, Inc., Notice of Apparent Liability for Forfeiture, FCC 00-262, (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Matrix Telecom, Inc. dated February 16, 2000. Letter from Thomas K. Crowe, Esq., counsel for Matrix to David H. Solomon, Chief, Enforcement Bureau, dated March 10, 2000. Letter from Todd Murcer, Manager of Business Development, Matrix Telecom, Inc. to Suzanne M. Tetreault, Assistant Chief, Enforcement Bureau, dated May 30, 2000.
- http://www.fcc.gov/eb/Orders/2001/fcc01106.doc http://www.fcc.gov/eb/Orders/2001/fcc01106.html
- apparently liable for forfeiture for willful and repeated violations of 47 U.S.C. 254 and the Commission's rules governing universal service contributions. According to USAC's records, PTT has not paid any of its required universal service contributions. Consequently, PTT's unpaid contribution balance has grown to approximately $925,000. As noted above, 47 U.S.C. 254(d) and 47 C.F.R. 54.706 and 54.709 require that interstate telecommunications carriers make universal service contributions in the amounts calculated by USAC. PTT has not done so, and we find that PTT's failures to make the required contributions are not only apparently willful and repeated but also apparently egregious and intentional. The term ``willful'' means that the violator knew that it was taking the action in question,
- http://www.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
- Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 5 47 U.S.C. 254(d). 6 See Federal-State Joint Board on Universal Service, Report and Order, 12 FCC Rcd 8776, 9206-07, 843-44 (1997) (subsequent history omitted). As of April 1, 2003, carrier contributions are based on carriers projected, rather than historical, revenues. See infra note 31. 7 47 C.F.R. 54.706, 54.709. 8 See Amendment of Parts 54 and 69 -- Changes to the Board of Directors of the National Exchange Carriers Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, 25 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). 9 Pub. L. No. 101-336, 401, 104 Stat. 327, 366-69 (1990) (adding section 225 to the Act).
- http://www.fcc.gov/eb/Orders/2004/DA-04-91A1.html
- that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's agreement
- http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
- Service, Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 16Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 17See 47 C.F.R. 64.604(c). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003
- http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
- Enforcement of Red Light Rule,'' Public Notice, 19 FCC Rcd 19452 (2004). 26 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 27 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
- and is used by the Commission and its administrators to track the carrier's contributions and invoices. 22Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 23 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
- filings by the company and used to track the carrier's contributions and invoices. 17Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 18See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice,
- http://www.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
- by the company and is used to track the carrier's contributions and invoices. 7Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) (``Quarterly Reporting Order''); 47 C.F.R. 54.709(a). 8See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public Notice,
- http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
- has made it responsible for billing and collection of USF contributions. 47 C.F.R. 54.701(a), 54.702(b). 12 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 13 See Globcom, Inc. Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896 (2003) (``Globcom''); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 18 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 19 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
- is used by the Commission and its administrators to track the carrier's contributions and invoices. 15 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 16 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
- Number Administration and Local Number Portability Support Mechanisms, FCC Form 499, April 2004, at 9. 14 Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001); 47 C.F.R. 54.709(a). 15 See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893, 19896, 5 (2003); 47 C.F.R. 54.711(a) (``The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., ``Proposed Third Quarter 2003 Contribution Factor,'' Public
- http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
- the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S 54.709(a). See Globcom, Inc., Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893,19896, P 5 (2003) ("Globcom NAL"); 47 C.F.R. S 54.711(a) ("The Commission shall announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., Proposed Third Quarter 2003 Contribution
- http://www.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
- (2005) ("TMI NAL"). See [1]http://support.pioneertelephone.com/test/support.asp?kb=42 (last accessed November 25, 2005). See id.; Letter from Leon L .Nowalsky, Nowalsky, Bronston & Gothard, Counsel for Telecom Management, Inc., to Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, FCC, dated December 20, 2004 ("TMI December 20, 2004 Letter"), Response to Inquiry 5. 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. 47 C.F.R. SS 1.1154, 1.1157(b)(1). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order
- http://www.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
- Bernard, OCMC, Inc., General Counsel, to Christopher Shields, Investigations and Hearings Division, Enforcement Bureau, FCC (October 18, 2004) ("LOI Response"). The Commission's rules specifically include OSPs and resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. See 47 C.F.R. S 54.706(a)(3), (16). 47 U.S.C. S 254(d). 47 C.F.R. SS 54.706, 54.709. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See 47 C.F.R. S 54.709(a). See, e.g., Federal-State Joint Board on Universal Service, Sixteenth Order on Reconsideration (in CC Docket
- http://www.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
- because its sole underlying carrier, MCI, suspended service to Globcom. See Petition for Waiver of Section 63.71 and Section 63.19 of the Commission's Rules, dated November 1, 2005. The Commission's rules specifically include resellers of interstate services in the definition of providers of interstate telecommunications services that must contribute to the fund. 47 C.F.R. S 54.706(a)(16). 47 C.F.R. SS 54.706, 54.709. Id. S 64.604(c)(5)(iii)(A). See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18415, P 25 (1997) ("NECA Changes Order"); 47 C.F.R. S\00154.702(b). 47 C.F.R. S 54.711. See FCC Form 499-A Telecommunications Reporting Worksheet - Annual Filing, http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf (April 2003) ("Annual Worksheet"). See Federal-State
- http://www.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
- Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) ("Carrier Selection Order"). Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal Service, Petition for Reconsideration filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748 (2001) ("Quarterly Reporting Order"); 47 C.F.R. S: 54.709(a). 47 C.F.R. S: 54.713. Further, under the Commission's "red light rule," action will be withheld on any application to the Commission or request for authorization made by any entity that has failed to pay when due its regulatory program payment such as USF contributions, and if payment or payment arrangements are not made within 30 days from notice to the
- http://www.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
- for the prior quarter by the beginning of the second month in each quarter (i.e., February 1, May 1, August 1, and November 1). See Quarterly Reporting Order, 16 FCC Rcd at 5755, P 19 & n.32. See FCC Form 499-Q Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (April 2003) ("Quarterly Worksheet"). See 47 C.F.R. S 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://www.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
- for the prior quarter by the beginning of the second month in each quarter (i.e., February 1, May 1, August 1, and November 1). See Quarterly Reporting Order, 16 FCC Rcd at 5755, P 19 & n.32. See FCC Form 499-Q Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, http://www.fcc.gov/Forms/Form499-Q/499q.pdf (April 2003) ("Quarterly Worksheet"). See 47 C.F.R. S 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on carrier contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal
- http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
- and Order, 14 FCC Rcd 16602 (1999). The next year, the Commission revised the Telecommunications Reporting Worksheet slightly to collect the additional information necessary to achieve its goal of establishing a central repository for interstate telecommunications providers by the least provider-burdensome method. Carrier Selection Order, 15 FCC Rcd at 16026 P:P: 63-64. 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709(a); "Telecommunications Carrier Registration Information Now Available Online," Public Notice, DA 01-2465 (rel. Oct. 29, 2001). The Commission modified its rules on contributions to the universal service fund. See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service
- http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
- http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R. S: 54.709(b). 47 C.F.R. S: 54.701(a). See 47 C.F.R. S: 54.709. See Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (1996). Pursuant to the "red light rule," the Commission withholds action on applications or other requests for benefits by delinquent debtors and ultimately dismisses such applications or other requests if the delinquency is not resolved. See
- http://www.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
- U.S.C. S: 251(e)(2); 47 C.F.R. S: 52.32(a). 47 C.F.R. S:S: 1.1154, 1.1157(b)(1). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195; see also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). 47 C.F.R. S: 54.701(a). See id. S:S: 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form 499-A. See Federal-State Joint Board on Universal Service, Petition for Reconsideration Filed by AT&T, Report and Order and Order on Reconsideration, 16 FCC Rcd 5748, 5755, para. 19 & n.32 (2001) (Quarterly Reporting Order); 47 C.F.R. S: 54.709(a). Form
- http://www.fcc.gov/eb/Orders/da001746.doc http://www.fcc.gov/eb/Orders/da001746.txt
- As of July 1, 2000, including late payment and filing penalties, the amount NATN owes exceeds $800,000. III. DISCUSSION 5. We conclude that NATN is apparently liable for forfeiture for willful and repeated violations of section 254 of the Act and the Commission's rules governing universal service contributions. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. The record before us reflects that although NATN made two universal service payments in 1998, it made no payments between November 1998 and February 2000. Moreover, during this period, NATN apparently received, but ignored, USAC's invoices, and consistently failed to respond
- http://www.fcc.gov/eb/Orders/fcc00261.doc http://www.fcc.gov/eb/Orders/fcc00261.txt
- May, and June. III. DISCUSSION 5. We conclude that Intellicall is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1998, Intellicall has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Intellicall's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/eb/Orders/fcc00262.doc http://www.fcc.gov/eb/Orders/fcc00262.txt
- since May 2000. III. DISCUSSION 5. We conclude that Matrix is apparently liable for forfeiture for willful and repeated violations of Section 254 of the Act and the Commission's rules governing universal service contributions. Since early 1999, Matrix has paid only a portion of its universal service obligations. As noted above, Section 254(d) of the Act and Sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that Matrix's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/eb/Orders/fcc00276.doc http://www.fcc.gov/eb/Orders/fcc00276.txt
- section 254 of the Act and the Commission's rules governing universal service contributions. From February 1998 until May 2000, ATNC failed to pay any portion of its universal service obligations. Beginning in May 2000, ATNC has paid a little more than 25 percent of the total amount owed. As noted above, section 254(d) of the Act and sections 54.706 and 54.709 of the Commission's rules require that interstate telecommunications carriers make universal service contributions in the amount calculated by USAC. We find that ATNC's failure to make the required contributions is both willful and repeated. The term ``willful'' means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission's rules, and
- http://www.fcc.gov/eb/Orders/fcc00390.doc http://www.fcc.gov/eb/Orders/fcc00390.html http://www.fcc.gov/eb/Orders/fcc00390.txt
- Intellicall Operator Services, Notice of Apparent Liability for Forfeiture, FCC 00-261 (released July 27, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4), 54.709(d). Letter from David H. Solomon, Chief, Enforcement Bureau, to Intellicall Operator Services dated February 16, 2000. Letter from George M. Trevino, Corporate Controller, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau dated March 10, 2000. The limit contained in the text of the statute for each violation or each day of a continuing violation is $100,000, and
- http://www.fcc.gov/eb/Orders/fcc00423.doc http://www.fcc.gov/eb/Orders/fcc00423.html http://www.fcc.gov/eb/Orders/fcc00423.txt
- Notice of Apparent Liability for Forfeiture, FCC 00-276 (released August 1, 2000). 47 U.S.C. 254(d). See Amendment of Parts 54 and 69 - Changes to Board of NECA, Inc., 12 FCC Rcd 18400, 18415 (1997) (``NECA Changes Order''); 47 C.F.R. 54.702(b). See Amendment of Part 54 - Universal Service, 12 FCC Rcd 22423, 22425 (1997); 47 C.F.R. 54.709(a)(4-5). Letter from David H. Solomon, Chief, Enforcement Bureau, to America's Tele-Network Corp. dated February 16, 2000 (``Bureau's February 2000 letter''). Letter from Charles H. Helein, Esq., counsel for ATNC, to James W. Shook, Investigations and Hearings Division, Enforcement Bureau, dated February 25, 2000, citing Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (subsequent history
- http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2007archive.html
- 2007 Notice of Proposed Rulemaking, which sought comment on the Federal-State Joint Board on Universal Services recommendation that the Commission adopt an interim, emergency cap on high-cost universal service support for competitive eligible telecommunications carriers. The reply comment date is changed from June 13, 2007, to June 21, 2007. 6/12/07. [220]Word | [221]Acrobat| [222]Text 6/11/07 Public Notice: Pursuant to section 54.709(a)(3) of the Commissions rules, on May 2, 2007, the Universal Service Administrative Company (USAC) submitted projections of demand and administrative expenses for the Federal Universal Service Fund for the Third Quarter of 2007. According to USACs projections, $650 million in unused funds from Funding Years 2001 through 2004 is available to carry forward to increase disbursements to schools and libraries