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Erratum - Contributions to the Telecommunications Relay Services Fund

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Released: March 24, 2011

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
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)

Contributions to the Telecommunications Relay
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CG Docket No. 11-47
Services Fund
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)

ERRATUM

Released: March 24, 2011

By the Chief, Consumer and Governmental Affairs Bureau:
On March 3, 2011, the Commission released a Notice of Proposed Rulemaking ("NPRM"), FCC
11-38, in the above-captioned proceeding. This Erratum amends the NPRM as indicated below:
1.
The third sentence of paragraph 26 is corrected to read as follows:
"We believe that requiring all providers of non-interconnected VoIP services to similarly register
with the Commission and designate a District of Columbia agent for service of process using the
FCC Form 499-A will facilitate our enforcement of TRS Fund contribution obligations and is
consistent with the congressional mandate for consistent and comparable obligations."
2.
The sixth sentence of paragraph 26 is corrected to read as follows:
"We seek comment on this proposal and on the specific text of the proposed rule, set forth as new
subsection 64.604(c)(5)(iii)(C) in Appendix A, as well as any other registration requirements,
guidance, or rules that would be appropriate for non-interconnected VoIP service providers."
3.
The following sentence is added at the end of paragraph 26:
"Lastly, we seek comment on whether to amend section 1.47(h) of our rules as set out in
Appendix A to include providers of non-interconnected VoIP services among those required to
designate a District of Columbia agent for service of process using the FCC Form 499-A in
accordance with its instructions."
4.
The first sentence of paragraph 31 is corrected to read as follows:
"To meet the one-year statutory deadline with respect to non-interconnected VoIP service
providers, we propose to require all such providers to register and designate a District of
Columbia agent for service of process by September 30, 2011, using the FCC Form 499-A in
accordance with its instructions."
5.
The first sentence of Appendix A is corrected to read as follows:

Federal Communications Commission

"The Federal Communications Commission proposes to amend Subpart A of Part 1 and Subpart
F of Part 64 of Title 47 of the Code of Federal Regulations as follows:"
6.
The following is inserted in Appendix A after the first sentence:
"

Subpart A of Part 1 of Title 47 of the Code of Federal Regulations is amended as follows:

Section 1.47(h) of Subpart A is amended to read as follows:
Every common carrier and interconnected VoIP provider, as defined in 54.5 of this chapter, and
non-interconnected VoIP provider, as defined in 64.601(a)(15) of this chapter, that is subject to
the Communications Act of 1934, as amended, shall designate an agent in the District of
Columbia, and may designate additional agents if it so chooses, upon whom service of all notices,
process, orders, decisions, and requirements of the Commission may be made for and on behalf of
such carrier, interconnected VoIP provider, or non-interconnected VoIP provider in any
proceeding before the Commission. Such designation shall include, for the carrier, interconnected
VoIP provider, or non-interconnected VoIP provider and its designated agents, a name, business
address, telephone or voicemail number, facsimile number, and, if available, Internet e-mail
address. Such carrier, interconnected VoIP provider, or non-interconnected VoIP provider shall
additionally list any other names by which it is known or under which it does business, and, if the
carrier, interconnected VoIP provider, or non-interconnected VoIP provider is an affiliated
company, the parent, holding, or management company. Within thirty (30) days of the
commencement of provision of service, such carrier, interconnected VoIP provider, or non-
interconnected VoIP provider shall file such information with the Chief of the Enforcement
Bureau's Market Disputes Resolution Division. Such carriers, interconnected VoIP providers, and
non-interconnected VoIP providers may file a hard copy of the relevant portion of the
Telecommunications Reporting Worksheet, as delineated by the Commission in the Federal
Register
, to satisfy this requirement. Each Telecommunications Reporting Worksheet filed
annually by a common carrier, interconnected VoIP provider, or non-interconnected VoIP
provider must contain a name, business address, telephone or voicemail number, facsimile
number, and, if available, Internet e-mail address for its designated agents, regardless of whether
such information has been revised since the previous filing. Carriers, interconnected VoIP
providers, and non-interconnected VoIP providers must notify the Commission within one week
of any changes in their designation information by filing revised portions of the
Telecommunications Reporting Worksheet with the Chief of the Enforcement Bureau's Market
Disputes Resolution Division. A paper copy of this designation list shall be maintained in the
Office of the Secretary of the Commission. Service of any notice, process, orders, decisions or
requirements of the Commission may be made upon such carrier, interconnected VoIP provider,
or non-interconnected VoIP provider by leaving a copy thereof with such designated agent at his
office or usual place of residence. If such carrier, interconnected VoIP provider, or non-
interconnected VoIP provider fails to designate such an agent, service of any notice or other
process in any proceeding before the Commission, or of any order, decision, or requirement of the
Commission, may be made by posting such notice, process, order, requirement, or decision in the
Office of the Secretary of the Commission."
7.
The first sentence of paragraph 3 of Appendix B is corrected to read as follows:
"Specifically, the NPRM proposes: to require providers of non-interconnected VoIP service to
register with the Commission and designate a District of Columbia agent for service of process
for purposes of contributing to the TRS Fund; to complete and file FCC Form 499-A annually; to
permit providers of non-interconnected VoIP service to determine interstate end-user revenues by
2

Federal Communications Commission

using actual revenues, a traffic study or to utilize a safe harbor; and to exempt service providers
with no end user revenues for the reporting year from the $25 minimum contribution requirement
to the TRS Fund."
8.
The first sentence of paragraph 4 of Appendix B is corrected to read as follows:
"The Commission proposes to require that non-interconnected VoIP service providers register
and designate a District of Columbia agent for service of process by filling out Blocks 1, 2, and 6
of the FCC Form 499-A and to annually file the completed Form with the Commission."
FEDERAL COMMUNICATIONS COMMISSION
Joel Gurin
Chief, Consumer and Governmental Affairs Bureau
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