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Erratum to USF Principal Brief - In Re: FCC 11-161 (10th Cir.)

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Released: November 1, 2012
Appellate Case: 11-9900 Document: 01018942466 Date Filed: 10/31/2012 Page: 1

IN THE

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT








(
In re: FCC 11-161

( No. 11-9900






(

ERRATUM TO

UNCITED JOINT UNIVERSAL SERVICE FUND PRINCIPAL BRIEF



The National Association of State Utility Consumer Advocates
(“NASUCA”), a Petitioner in the above-captioned proceeding and a
participant in the “Uncited Joint Universal Service Fund Principal
Brief,” respectfully submits the following erratum to said brief.

Footnote 32 on page 60 of the Brief designates certain parties’
non-joinder in certain portions of the Brief. NASUCA’s position is
described as: “NASUCA does not join in Sections III, V, VII, VIII and
XI.” This is and was incorrect.

NASUCA communicated its non-joinder on certain issues in
terms of the statement of issues,1 which were Arabic-numbered in
that stage of the draft Brief.2 Inadvertently, in the filed version of

1 See Brief at 1-3.
2 The issues were listed in the e-mail as “Issue 3, Issue 5, Issue 7,
Issue 8, and Issue 11.”
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Appellate Case: 11-9900 Document: 01018942466 Date Filed: 10/31/2012 Page: 2
the Brief, those Arabic-numbered issues were converted to the
Roman-numbered sections of the Brief listed in the footnote.

NASUCA has determined that the issues as to which it wished
to express non-joinder are represented by arguments II.C. and D.,
IV., V.. VI. and IX in the filed Brief. Therefore, NASUCA respectfully
requests that footnote 32 be corrected to read “NASUCA does not
join in Sections II.C. and D., IV., V.. VI. and IX.”

This correction does not change the substance of any of the
arguments in the brief. Thus no party to this appeal can be
prejudiced by the correction. Harvey L. Reiter, who submitted the
Brief on behalf of the Joint Petitioners, agrees that this correction is
appropriate.

WHEREFORE, NASUCA respectfully requests that the Court
accept this erratum to the Uncited Joint Universal Service Fund
Brief.
David C. Bergmann
Counsel for NASUCA
3293 Noreen Drive
Columbus, OH 43221-4568
(614) 771-5979
david.c.bergmann@gmail.com








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Appellate Case: 11-9900 Document: 01018942466 Date Filed: 10/31/2012 Page: 3

CERTIFICATE OF COMPLIANCE


Certificate of Compliance With Type-Volume Limitations,
Typeface Requirements, Type Style Requirements, Privacy
Redaction Requirements, and Virus Scan

1. This filing complies with the typeface requirements of Fed. R.
App. P. 32(a)(5) and 10th Cir. R. 32(a) and the type style
requirements of Fed. R. App. P. 32(a)(6) because this filing has been
prepared in a proportionally spaced typeface using Microsoft Word
2010 in 14-point Bookman Old Style font.

2. All required privacy redactions have been made.

4. This filing was scanned for viruses with AVG Antivirus, updated
on October 31, 2012, and according to the program is free of
viruses.

/s/ David C. Bergmann
October 31, 2012


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Appellate Case: 11-9900 Document: 01018942466 Date Filed: 10/31/2012 Page: 4

CERTIFICATE OF SERVICE


I hereby certify that, on October 31, 2012, I caused the foregoing
document to be electronically filed with the Court. I also certify this
document was furnished through ECF electronic service to all
parties in this case through a registered CM/ECF user. This
document is available for viewing and downloading on the CM/ECF
system.

/s/ David C. Bergmann
October 31, 2012


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