Federal Communications Commission
DA 12-1396
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
)
)
Universal Service Contribution Methodology
)
WC Docket No. 06-122
Corporate Telecomm Request for Waiver
)
ORDER
Adopted: August 27, 2012
Released: August 27, 2012
By the Deputy Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1.
In this order, we deny a request for waiver filed by Corporate Telecomm (CT) on August
29, 2011.1 CT acknowledges that it missed the filing deadline for the FCC Form 499-A, but requests a
waiver of any late filing fees because CT claims that it is experiencing financial difficulties.
2.
We conclude that CT has failed to demonstrate that there is good cause to waive the
applicable sections of the Commission’s rules.2 Generally, the Commission’s rules may be waived if
good cause is shown.3 The Commission may exercise its discretion to waive a rule where the particular
facts make strict compliance inconsistent with the public interest.4 In addition, the Commission may take
into account considerations of hardship, equity, or more effective implementation of overall policy on an
individual basis.5 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.6 We find
that there is no evidence to substantiate CT’s claims. CT’s statements are merely cursory 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 CT’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, 0.291,
and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, the request for waiver filed by
Corporate Telecomm on August 29, 2011, 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
1 Letter from Leslie Dela Cruz, Corporate Telecomm, to Office of the Secretary, FCC, WC Docket No. 06-122 (filed
Aug. 29, 2011).
2
See generally 47 C.F.R. §§ 54.706, 54.711 (universal service contribution and reporting requirements).
3 47 C.F.R. § 1.3.
4
Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (
Northeast Cellular).
5
WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969);
Northeast Cellular, 897 F.2d at 1166.
6
NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008);
Northeast Cellular, 897 F.2d at 1166.
