IVANS, Inc. Public Notice
Federal Communications Commission
News Media Information 202 / 418-0500445 12th St., S.W.
Washington, D.C. 20554
Release Date: August 16, 2013
WIRELINE COMPETITION BUREAU SEEKS COMMENT ON IVANS, INC. REQUEST FOR
REVIEW OF A DECISION BY THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY
AND PETITION FOR DECLARATORY RULING
WC Docket No. 06-122
Comment Date: September 16, 2013
Reply Comment Date: October 1, 2013
IVANS seeks review of a June 7, 2013 decision by the Universal Service Administrative Company
(USAC) which rejected IVANS' 2009 through 2013 FCC Forms 499-A (for calendar years 2008 through
2012). Specifically, IVANS requests that the Bureau reject USAC's findings that IVANS had
underreported its assessable revenues for those years.2 IVANS also challenges USAC's decision
requiring IVANS to back-file FCC Forms 499-A for additional years.3 In addition, IVANS seeks a
declaratory ruling that its enterprise services utilizing Multi-Protocol Labeling Switching (MPLS) and
Frame Relay are not assessable for contribution purposes.4
Pursuant to sections 1.415 and 1.419 of the Commission's rules,5 interested parties may file
comments on or before September 16, 2013 and reply comments on or before October 1, 2013. All
pleadings are to reference
WC Docket 06-122. Comments may be filed using the Commission's
Electronic Comment Filing System (ECFS) or by filing paper copies.6
1 Request for Review of a Decision by the Universal Service Administrator and Petition for Declaratory Ruling by
IVANS, Inc., WC Docket 06-122 (filed Aug. 6, 2013).
2 IVANS argues that USAC ignored evidence that supports IVANS' claim that its underlying carrier had contributed
on the revenues in question and that if IVANS were required to pay on the same revenues, it would result in a
double collection of funds. Id. at 11-21.
3 Id. at 19-24. USAC has directed IVANS to report revenue for all years it has been providing telecommunications
4 Id. at 24-29.
5 47 C.F.R. 1.415, 1.419.
6 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1999).
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission's Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to email@example.com or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
Additional Copies.In addition, we request that you send one copy of each pleading to each of
Carol Pomponio, Telecommunications Access Policy Division, Wireline Competition Bureau,
445 12th Street, S.W., Room 5-B432, Washington, D.C. 20554; e-mail: Carol
Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445
12th Street, S.W., Room 5-A452, Washington, D.C. 20554; e-mail: Charles.Tyler@fcc.gov.
Ex Parte Rules.The proceeding this Notice initiates shall be treated as a "permit-but-disclose"
proceeding in accordance with the Commission's ex parte rules.7 Persons making ex parte presentations
must file a copy of any written presentation or a memorandum summarizing any oral presentation within
two business days after the presentation (unless a different deadline applicable to the Sunshine period
applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the
presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex
parte presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the
7 47 C.F.R. 1.1200 et seq.
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex
For further information, please contact Carol Pomponio, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484, or
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