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Digital Compass Telecom, LLC

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Released: October 16, 2012

Federal Communications Commission

DA 12-1649

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Universal Service Contribution Methodology
)
WC Docket No. 06-122
)
Digital Compass Telecom, LLC Request for
)
Waiver
)

ORDER

Adopted: October 16, 2012

Released: October 16, 2012

By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
In this order, we deny a request for waiver filed by Digital Compass Telecom, LLC
(Digital).1 Digital states that it inadvertently overstated projected revenues on its Form 499-Q filings, and
seeks a waiver of its universal service fund contribution obligations until December 2012.2
2.
We conclude that Digital has failed to demonstrate that there is good cause to waive the
applicable sections of the Commission’s rules.3 Generally, the Commission’s rules may be waived if
good cause is shown.4 The Commission may exercise its discretion to waive a rule where the particular
facts make strict compliance inconsistent with the public interest.5 In addition, the Commission may take
into account considerations of hardship, equity, or more effective implementation of overall policy on an
individual basis.6 Waiver of the Commission’s rules is appropriate only if both (i) special circumstances
warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.7 We find
that there is no evidence to support Digital’s request for waiver. Businesses have a responsibility to
familiarize themselves with applicable rules and regulations.8 Digital’s statements are merely cursory,9
and it has not presented specific information as to the rule(s) for which it seeks waiver, the reason that
such waiver would be appropriate, the special circumstances that warrant a deviation from the general
rule, nor why such deviation would serve the public interest. Accordingly, we deny Digital’s request for
waiver.
3.
IT IS ORDERED that, pursuant to the authority contained in sections 4(i) and 254(d) of
the Communications Act, 47 U.S.C. §§ 4(i), 254(d), and the authority delegated by sections 0.91,


1 Letter from Dodi Kawouk, President, Digital Compass Telecom, LLC, to Office of the Secretary, FCC, WC
Docket No. 06-122 (filed Sept. 20, 2012) (Petition).
2 Id.
3 See 47 C.F.R. §§ 54.706, 54.711(a).
4 47 C.F.R. § 1.3.
5 Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular).
6 WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.
7 NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.
8 See 47 C.F.R. §0.406.
9 Digital alleges that its error was due to “ambiguity in the filing instructions for Forms 499-Q and 499-A, and the
inadequate information on the various line items for each form.” Petition at 1.

Federal Communications Commission

DA 12-1649

0.204(b), 0.291, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.204(b), 0.291, and 1.3, the
request for waiver filed by Digital Compass Telecom, LLC on September 20, 2012, IS DENIED.
4.
IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s
rules, 47 C.F.R. § 1.102(b)(1), this order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Vickie S. Robinson
Deputy Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
2

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