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Rural Independent Competitive Alliance; Blackfoot Communications, Inc

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Released: November 25, 2013

Federal Communications Commission

DA 13-2254

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Universal Service Contribution Methodology
)
WC Docket No. 06-122
)
Petition for Declaratory Ruling by the Rural
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Independent Competitive Alliance
)
)

Request for Review of a Decision of the Universal )
Service Administrative Company by Blackfoot
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Communications, Inc.
)

DECLARATORY RULING AND ORDER

Adopted: November 25, 2013

Released: November 25, 2013

By the Chief, Wireline Competition Bureau:

I.

INTRODUCTION

1.
In this Declaratory Ruling and Order (Order), we address a petition for declaratory ruling
filed by the Rural Independent Competitive Alliance (RICA) and a request for review filed by Blackfoot
Communications, Inc. (BCI) (collectively, Petitioners).1 At issue in both petitions is whether competitive
local exchange carriers (CLECs) are required to allocate to the interstate jurisdiction a portion of their
fixed local service revenue for federal Universal Service Fund (USF) contribution purposes. In its
petition for declaratory ruling, RICA asks the Commission to clarify that CLECs are under no binding
legal obligation to report on their FCC Form 499-A any portion of their end-user revenues that are not
received by them pursuant to rates explicitly designated as charges for the provision of interstate service.2
In its request for review, BCI seeks review and reversal of a decision by the Universal Service
Administrative Company (USAC) to reclassify as interstate revenue a portion of the fixed local service
revenues reported by BCI on its 2010 FCC Form 499-A.3
2.
For the reasons discussed below, we grant the Petitioners’ requests to the extent described
herein. Specifically, we direct USAC to review BCI’s 2010 FCC Form 499-A and supporting
documentation, including information explaining how BCI records revenues in its books of accounts and
records, and to adjust invoices and issue refunds as appropriate, consistent with the clarifications and


1 Petition of the RICA Members for Declaratory Ruling Regarding Imputation of Interstate Revenue, WC Docket
No. 06-122 (filed Apr. 26, 2011) (RICA Petition); Request for Review of Blackfoot Communications, Inc., WC
Docket No. 06-122 (filed July 22, 2011) (BCI Request for Review). The Wireline Competition Bureau sought
comment on each of the petitions. See Wireline Competition Bureau Seeks Comment On a Petition for Declaratory
Ruling Filed by the Rural Independent Competitive Alliance
, WC Docket No. 06-122, Public Notice, 26 FCC Rcd
6741 (Wireline Comp. Bur. 2011); Wireline Competition Bureau Seeks Comment on a Request for Review by
Blackfoot Communications, Inc. of a Decision by the Universal Service Administrative Company,
WC Docket No.
06-122, 26 FCC Rcd 11186 (Wireline Comp. Bur. 2011). A list of commenters on each of the petitions is provided
in the Appendix.
2 RICA Petition at 1, 5-7.
3 BCI Request for Review at 5-6.

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DA 13-2254

findings herein.4 We also allow the RICA members who filed amended FCC Forms 499-A under protest,
based on USAC’s direction to identify an interstate portion of fixed local exchange services, a period of
60 days within which to revise their filings and provide any relevant documentation in support of such
filings, and we direct USAC to refund any resulting overpayments to these parties, consistent with the
findings herein, based on its review of those filings and other relevant information.5

II.

BACKGROUND

3.
Section 254(d) of the Communications Act of 1934, as amended (the Act), directs that
“[e]very telecommunications carrier that provides interstate telecommunications services shall contribute,
on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms
established by the Commission to preserve and advance universal service.”6 Section 254(d) further
provides that “[a]ny other provider of interstate telecommunications may be required to contribute to the
preservation and advancement of universal service if the public interest so requires.”7 To this end, the
Commission has determined that providers of interstate telecommunications to others for a fee generally
must contribute to the USF based on their interstate and international end-user telecommunications
revenues.8
4.
Pursuant to the Commission’s rules, contributors report their revenues for USF
contribution purposes by filing FCC Forms 499-A and 499-Q with USAC.9 USAC, as the designated


4 We note that this issue is also before us in a request for review filed by Grande Communications. See Request for
Review of Decision of the Universal Service Administrator by Grande Communications, WC Docket No. 06-122,
(filed Dec. 28, 2009). See also Reply Comments of Summit Broadband Inc., WC Docket No. 06-122 et al. (filed
Jun. 20, 2011) (commenting on the RICA Petition, stating that Summit Broadband had received a Letter of Inquiry
from USAC instructing the company to revise its 2010 FCC Form 499-A and reallocate a portion of its revenues as
interstate).
5 Generally, filers must submit any revised FCC Form 499-A that would result in decreased contributions by March
31 of the year after the original filing date. 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 Mechanism; Changes to the Board of Directors of the National Exchange Carrier Association, Inc.
,
CC Docket Nos. 96-45, 98-171, 97-21, Order, 20 FCC Rcd 1012 (Wireline Comp. Bur. 2004) (applications for
review pending
); 2013 FCC Form 499-A Instructions at 8. As discussed below, we waive the one-year deadline to
enable USAC’s processing of the revised filings of RICA members who previously filed FCC Forms 499-A under
protest and allocated a portion of their fixed local exchange revenues to the interstate jurisdiction. See infra para.
15.
6 47 U.S.C. § 254(d).
7 Id.
8 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776,
9183-84, para. 795 (1997) (Universal Service First Report and Order) (subsequent history omitted). Although the
Commission exercised its permissive authority to assess private carriage providers, it exempted certain government
entities, broadcasters, schools, libraries, systems integrators, and self-providers from the contribution requirement.
47 C.F.R. § 54.706(d). The Commission also requires certain other providers of interstate telecommunications to
contribute to the USF. See, e.g., Universal Service Contribution Methodology et al., CC Docket Nos. 96-45 et al.,
Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518, 7544, para. 52 (2006) (requiring
interconnected voice over Internet protocol providers to contribute to the USF).
9 47 C.F.R. § 54.711(a) (setting forth reporting requirements in accordance with Commission announcements in the
Federal Register). Contributors report historical revenue on the annual FCC Form 499-A, which is generally filed
on April 1 each year. See Universal Service Administrative Company, Schedule of Filings, at
http://www.usac.org/cont/499/filing-schedule.aspx (last visited Mar. 5, 2013) (USAC Form 499 Filing Schedule).
(continued…)
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DA 13-2254

entity responsible for administering the universal service support mechanisms,10 reviews these filings,
verifies the information provided by the contributors and bills contributors for their universal service
contributions.11
5.
In the Universal Service Second Order on Reconsideration, the Commission set forth the
specific methodology for contributors to use to compute their USF contributions.12 Filers are required to
allocate their total telecommunications revenues among the intrastate, interstate, and international
jurisdictions based on information from their books of account or other internal data reporting systems,
where possible.13 Where the amount of intrastate, interstate, and international revenues cannot be
determined directly from the corporate books of account or subsidiary records, the Commission’s orders
and the FCC Form 499 Instructions direct filers to provide good-faith estimates of those amounts.14
6.
RICA Petition for Declaratory Ruling. RICA is a national association of rural CLECs
that are affiliated with rural incumbent local exchange carriers (ILECs).15 RICA states that its members
provide local exchange service that allows customers to place and receive calls within the boundaries of
the exchange.16 Customers also have access to long distance service and the ability to place and receive
intrastate and interstate interexchange calls. A separate charge is made for such calls in accordance with
the rate schedule of the long distance service provider.17
7.
In December 2010, USAC sent letters to several RICA members advising them that they
had failed to identify and report a portion of their fixed local exchange service revenues as interstate.18
USAC relied on the 2010 FCC Form 499-A instructions to Line 404 of the Form, which stated that “filers
without subscriber line charge revenue must identify the interstate portion of fixed local exchange service
revenues in column (d) of the appropriate line 404.1-404.5.”19 In response to the letters, some RICA
members notified USAC that they would amend their 2010 FCC Forms 499-A under protest, but that they
(Continued from previous page)


Contributors project future quarters’ revenue on the quarterly FCC Form 499-Q, which is generally filed on
February 1, May 1, August 1, and November 1. See USAC Form 499 Filing Schedule.
10 See Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint
Board on Universal Service
, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on
Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Universal Service Second Order on
Reconsideration
); 47 C.F.R. § 54.701.
11 47 C.F.R. §§ 54.711(a), 54.702(b).
12 Universal Service Second Order on Reconsideration, 12 FCC Rcd at 18498-18513, App. C (Appendix A to
Universal Service Worksheet, FCC Form 457).
13 Id. at 18512, App. C; see also 2013 FCC Form 499-A Instructions at 14.
14 See Federal-State Joint Board on Universal Service; Changes to the Board of Directors of the National Exchange
Carrier Association, Inc.
, CC Docket Nos. 96-45, 97-21, Order on Reconsideration, Second Report and Order, and
Further Notice of Proposed Rulemaking, 12 FCC Rcd 12444, 12453, para. 21 (1997) (concluding that contributors
that cannot derive interstate revenues from their books of account, or that cannot derive the line-by-line revenue
breakdowns required by FCC Form 499-A from their books of account, may report good faith estimates of these
figures); Universal Service Second Order on Reconsideration, 12 FCC Rcd at 18512, App. C; 2013 FCC Form 499-
A Instructions at 14.
15 RICA Petition at 1.
16 Id. at 2-3.
17 Id. at 3.
18 Id. at 2.
19 Id. (citing 2010 FCC Form 499-A Instructions at 25).
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would pursue the matter further with the Commission.20 In April 2011, RICA filed a petition for
declaratory ruling requesting that the Commission clarify that end-user revenues received by CLECs
pursuant to rates charged for exchange access service entirely within one state are intrastate revenues, and
that CLECs are not required to report on the FCC Form 499-A any portion of their end-user revenues that
are not received by them pursuant to rates explicitly designated as fees for the provision of interstate
service.21 RICA argues that rate regulation of CLECs by the Commission is limited to section 61.26 of
the Commission’s rules,22 which controls CLEC tariffed switched access charges. RICA acknowledges
that CLECs, like ILECs, incur costs for originating and terminating long distance calls. It argues,
however, that unlike rules applicable to ILECs under Part 69 of the Commission’s rules,23 there is no
requirement that CLECs recover some portion of the costs of originating and terminating interstate toll
calls from their customers in the form of a subscriber line charge (SLC). Rather, a CLEC may determine
that the interstate access charges by the CLEC to long distance carriers recover all of its costs of
providing interstate switched access to its local customers.24
8.
BCI Request for Review. BCI is a small CLEC that provides local exchange and
exchange access service, and resold long distance service.25 After conducting a review of BCI’s 2010
FCC Form 499-A, USAC sent a letter to BCI seeking information as to why BCI had not allocated and
reported as interstate revenue a portion of its fixed local service revenues, based on the FCC Form 499-A
Instructions.26 In response, BCI explained that it does not charge or pass through to its end-user
customers a SLC, has no rate element targeted to recovering the interstate costs of the local loop, and does
not bundle interstate services with its local exchange service charges.27 BCI acknowledges that it
includes a line item labeled “subscriber access charge” on the customer bill to allow its residential
customers to compare BCI’s rates to those of its competitors, but states that it treats all of its fixed service
revenues as intrastate revenues for all purposes.28 On June 1, 2011, USAC issued a decision letter stating
that the FCC Form 499 Instructions require that when a filer does not charge a SLC, the filer is required
to identify and report the interstate portion of fixed local exchange service revenues.29 USAC informed
BCI that if it did not provide additional information regarding the interstate portion of BCI’s fixed local
service revenues, USAC would reclassify a portion of BCI’s fixed local service revenues as interstate for
USF contribution purposes.30 BCI asserts that USAC erred by reclassifying a portion of BCI’s fixed local
exchange revenues and seeks reversal of that decision.31


20 RICA Petition at 2.
21 Id. at 1.
22 47 C.F.R. § 61.26.
23 See 47 C.F.R. Part 69.
24 RICA Petition at 6-7.
25 BCI Request for Review at 2.
26 Id. at 2-3.
27 Id. at 3.
28 Id. BCI states that all of its reported fixed local service revenues are intrastate, and that BCI has consistently
treated them as such for all purposes (e.g., accounting and state tax). Id. at 6.
29 Id. at 3-4. USAC previously had informed BCI that “carriers must identify the interstate portion of fixed local
exchange service revenues as those revenues correspond to the costs associated with allowing customers to originate
and terminate interstate calls.” Id. at Attach. A (Letter from Debbi Tosi, Sr. Financial Analyst, USAC, to Brenda
Marsh, BCI (Oct. 27, 2010)).
30 BCI Request for Review at 4. USAC stated that it would estimate the amount to be reclassified based on the
national average percentage of fixed local revenues from calendar year 2008 reported as interstate by the Regional
(continued…)
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9.
Both Petitioners argue that there is no legal basis for requiring CLECs to recover a
portion of the cost of originating and terminating interstate toll calls from subscribers of the CLEC’s local
exchange telephone service.32 RICA argues that its members bill and collect interstate access charges
from the providers of interstate long distance service in accordance with tariffs filed pursuant to section
61.26 of the Commissions’ rules.33 Similarly, BCI argues that while it provides exchange access service
to its customers, it bills and collects access charges from the providers of interstate interexchange service
pursuant to BCI’s applicable interstate access tariff.34 BCI contends that it does not intend or purport to
recover the cost of providing access to interstate interexchange service other than through its applicable
access charges.35

III.

DISCUSSION

10.
There is no existing Commission rule or order mandating that CLECs allocate and report
for USF contributions purposes a portion of the revenues derived from their fixed local revenues to the
interstate jurisdiction.36 Therefore, unless a CLEC chooses to recover the non-traffic-sensitive costs of
providing interstate or interstate exchange access service from their end-user customers, and records such
revenue as such in its supporting books and records, there is no obligation to report those revenues in the
interstate jurisdiction as a SLC.37
11.
The Commission’s jurisdictional separation rules provide that ILECs must allocate to the
interstate jurisdiction 25 percent of the costs assigned to the subscriber or common lines that are used
jointly for local exchange and exchange access services.38 In addition, the Commission’s rules set forth
(Continued from previous page)


Bell Operating Companies, and bill BCI for the additional interstate USF contribution amount during the third
quarter of 2011. Id. at Attach. A.
31 Id. at 1, 8.
32 RICA Petition at 6; BCI Request for Review at 5-6. Petitioners state that when they function as the long distance
carrier, they report the revenues for interstate interexchange calls on FCC Form 499-A. See RICA Petition at 3; BCI
Request for Review at 6.
33 RICA Petition at 3.
34 BCI Request for Review at 2.
35 Id.
36 See supra para. 5. The issue of how providers allocate between the interstate and intrastate jurisdictions was
raised in the Commission’s pending proceeding on contributions reform. See Universal Service Contribution
Methodology; A National Broadband Plan For Our Future,
WC Docket No. 06-122, GN Docket No. 09-51, Further
Notice of Proposed Rulemaking, 27 FCC Rcd 5357, 5405-12, paras. 121-42 (2012).
37 Carriers are required to report their access charge revenues in Block 3 of the FCC Form 499-A. See 2013 FCC
Form 499-A Instructions at 22.
38 47 C.F.R. § 36.154 (c). Jurisdictional separations is the third step in a four-step regulatory process that begins
with an ILEC’s accounting system and ends with the establishment of tariffed rates for the ILEC's interstate and
intrastate regulated services. First, carriers record their costs, including investments and expenses, into various
accounts in accordance with the Uniform System of Accounts prescribed by Part 32 of the Commission’s rules. See
47 C.F.R. Part 32. Second, carriers assign the costs in these accounts to regulated and nonregulated activities in
accordance with Part 64 of the Commission’s rules, to ensure that the costs of non-regulated activities will not be
recovered in regulated interstate service rates. See 47 C.F.R. §§ 64.901-904. Third, carriers separate the regulated
costs between the intrastate and interstate jurisdictions in accordance with the Commission's Part 36 separations
rules. See 47 C.F.R. Part 36. The intrastate costs that result from application of the Part 36 rules form the
foundation for state determination of carriers’ intrastate rate base, expenses, and taxes. Finally, carriers apportion
the interstate regulated costs among the interexchange services and rate elements that form the cost basis for their
(continued…)
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precisely how ILECs must recover from their end-user subscribers and interexchange carriers the costs
assigned to the interstate jurisdiction.39 In particular, the rules require ILECs to recover a portion of the
local loop through a flat-rate SLC assessed on the end-user customer.40 Consistent with these rules,
revenues derived from the SLC must be reported as interstate revenue on the FCC Form 499 for USF
contribution purposes.41
12.
There is no corresponding requirement for CLECs. We agree with Petitioners that
neither the Commission’s formal separation process that governs how ILECs assign their costs to
intrastate and interstate jurisdictions, nor the access charge rules that govern how ILECs recover those
costs from their customers apply to CLECs.42 Although CLECs must report their end-user interstate
revenues on the FCC Forms 499, no Commission rule or order requires them to identify and recover from
their end-user customers a SLC or equivalent charge for the non-traffic-sensitive costs of providing
interstate or interstate exchange access service.43 Rather, under existing rules and requirements, CLECs
are free to recover those interstate costs from their interexchange carriers in whatever manner they deem
appropriate, within the limitations of section 61.26 of the Commission’s rules.44
13.
To the extent that CLECs choose to recover a non-traffic-sensitive charge for the costs of
providing interstate or interstate exchange access service from their end-user customers rather than from
access charges to interexchange carriers, they must allocate and report those revenues as interstate end-
user revenues, for USF contribution reporting purposes, in a manner that is consistent with their
supporting books of accounts and records, or the Commission’s good faith estimate requirement.45 For
(Continued from previous page)


interstate access tariffs. Carriers perform this apportionment in accordance with Part 69 of the Commission's rules.
See 47 C.F.R. Part 69.
39 See 47 C.F.R. §§ 69.104, 69.152.
40 SLCs are flat, non-traffic sensitive charges assessed on end-users to recover LECs’ interstate-allocated common
line costs. See Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap
Incumbent Local Exchange Carriers and Interexchange Carriers et al.,
CC Docket No. 00-256 et al., Notice of
Proposed Rulemaking, 16 FCC Rcd 460, 462, para. 7 n.12 (2000). Part 69 of the Commission’s rules contains two
provisions that mandate the collection of a SLC. The first, section 69.104, states that the rule “is applicable only to
incumbent local exchange carriers not subject to price cap regulation.” 47 C.F.R. § 69.104(a). The second, section
69.152, governs the collection of an interstate SLC by price cap carriers. 47 C.F.R. § 69.152.
41 See, e.g., 2013 FCC Form 499-A Instructions at 16.
42 RICA Petition at 6-7; BCI Request for Review at 5-6.
43 47 C.F.R. § 36.154(c) (intra-interstate jurisdictional separations requirements); 47 C.F.R.§ 69.104(a) (rate
regulation); see Access Charge Reform; Reform of Access Charges Imposed by Competitive Local Exchange
Carriers
, CC Docket No. 96-262, Seventh Report and Order and Further Notice of Proposed Rulemaking, 16 FCC
Rcd 9923, 9926, para. 8 (2001); see generally Access Charge Reform; Price Cap Performance Review for Local
Exchange Carriers; Transport Rate Structure and Pricing End User Common Line Charges
, CC Docket No. 96-262
et al., Report and Order, 12 FCC Rcd 15982 (1997) (subsequent history omitted); Universal Service First Report
and Order
, 12 FCC Rcd at 8970, para. 366 (noting that carriers other than ILECs do not participate in the formal
separations process that the rules mandate for incumbents and hence do not charge SLCs nor distinguish between the
interstate and intrastate portion of their charges and costs). We recently modified the FCC Form 499-A Instructions
to delete the language that directed filers without SLC revenues to identify an interstate portion of their fixed local
exchange service revenues. Wireline Competition Bureau Releases 2013 Telecommunications Reporting
Worksheets and Accompanying Instructions,
WC Docket No. 06-122, Public Notice, 28 FCC Rcd 1933, 1938-39
(Wireline Comp. Bur. 2013).
44 See 47 C.F.R. § 61.26. Part 61 of the Commission’s rules prescribes the procedures for filing and updating
interstate tariffs. See 47 C.F.R. Part 61.
45 See supra paras. 5, 10.
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example, to the extent that a contributor has an interstate tariff for non-traffic-sensitive charges, then
revenues for such charges must be allocated to interstate revenues for USF reporting purposes. CLECs
that record end-user customer charges on their general ledger as a SLC or equivalent charge for the non-
traffic sensitive costs of providing interstate or interstate exchange access service should continue to treat
and report revenues from such charges as interstate for contribution purposes.46 On the other hand, if a
CLEC bills its end-user customers a separately stated line item for a service not contained in an interstate
tariff and records those revenues as “fixed local exchange” revenues in its general ledger, it is not
required to report those revenues as interstate for contribution purposes.47
14.
For the above-stated reasons, we grant the Petitioners’ requests to the extent described
herein. Specifically, we direct USAC to review BCI’s 2010 FCC Form 499-A and supporting
documentation, including any relevant information regarding how BCI records revenues in its books of
accounts and records, and to adjust invoices and issue refunds as appropriate, consistent with the
clarifications and findings herein. In addition, we allow the RICA members who filed amended FCC
Forms 499 under protest, based on USAC’s directive to identify an interstate portion of fixed local
exchange services, a period of 60 days within which to revise their filings and provide any relevant
documentation in support of such filings,48 and we direct USAC to refund any resulting overpayments to
these parties, consistent with the findings herein, based on its review of those filings and supporting
documentation.
15.
On our own motion, we find good cause to waive the one-year filing deadline for this
group of contributors, to enable USAC’s processing of any such revised filings.49 We caution
contributors, however, that the relief provided in this order does not permit them to modify retroactively
how they have recorded revenues in their general ledger for past periods. If, for instance, revenues
previously were recorded in the general ledger as “subscriber line charges,” “subscriber access charges,”
“interstate access,” or similar terms, those filers may not now claim such revenues should be treated as
intrastate revenues.

IV.

ORDERING CLAUSES

16.
Accordingly, IT IS ORDERED that pursuant to the authority contained in sections 1-4
and 254 of the Communications Act, 47 U.S.C. §§ 151-154 and 254, and pursuant to sections 0.91, 0.291,
and 1.2 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.2, the Petition for Declaratory Ruling
filed by the Rural Independent Competitive Alliance on April 26, 2011 is hereby GRANTED to the extent
described herein.
17.
IT IS FURTHER ORDERED that pursuant to the authority contained in sections 1-4 and
254 of the Communications Act, 47 U.S.C. §§ 151-154 and 254, and pursuant to sections 0.91, 0.291, and
54.722 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 54.722, the Request for Review filed by


46 Such charges could include revenues from line items described on the general ledger as “subscriber access
charges” or “interstate access.”
47 Although we clarify that CLECs are free to recover their interstate costs in whatever manner they deem
appropriate, our clarification herein does not permit CLECs to avoid reporting and contributing on their assessable
interstate revenues. We will strictly enforce compliance with our contribution rules and requirements.
48 Such documentation could include information regarding how revenues are recorded in the contributor’s
underlying books and records.
49 The Commission’s rules may be waived for good cause shown. 47 C.F.R. § 1.3; WAIT Radio v. FCC, 418 F.2d
1153 (D.C. Cir. 1969); appeal after remand, 459 F.2d 1203 (D.C. Cir. 1972), cert. denied. 409 U.S. 1027 (1972);
Northeast Cellular Tel. Co. v. FCC, 897 F.2d 1164 (D.C. Cir. 1990).
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Blackfoot Communications, Inc. on July 22, 2011 is hereby GRANTED to the extent described herein
and REMANDED to the Universal Service Administrative Company for further action and consideration
in accordance with the terms of this Order.
18.
IT IS FURTHER ORDERED that pursuant to the authority contained in sections 1-4 and
254 of the Communications Act, 47 U.S.C. §§ 151-154 and 254, and pursuant to sections 0.91, 0.291, 1.3
and 54.722 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722, the one-year deadline
for filing revisions to the FCC Forms 499-A IS WAIVED to the extent described herein, and the
Universal Service Administrative Company SHALL ACCEPT from the Rural Independent Competitive
Alliance members who filed FCC Forms 499 under protest revised FCC Forms 499 consistent with the
terms of this Order, if such revisions are filed within 60 days of this Order.
19.
IT IS FURTHER ORDERED that pursuant to sections 1.2 and 1.103(a) of the
Commission’s rules, 47 C.F.R. §§ 1.2, 1.103(a), this Order SHALL BECOME EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Julie A. Veach
Chief
Wireline Competition Bureau
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DA 13-2254

APPENDIX

Commenters on RICA Petition

Grande Communications Networks, LLC
United States Telecom Association
National Association of Telecommunications Officers and Advisors
Summit Broadband Inc.

Commenters on BCI Request for Review

Grande Communications Networks, LLC
9

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