Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Release Date: March 22, 2013
WIRELINE COMPETITION BUREAU SEEKS COMMENT ON FIVE9’S REQUEST FOR
REVIEW OF A DECISION BY THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY
WC Docket No. 06-122
Comment Date: April 22, 2013
Reply Comment Date: May 6, 2013
The Wireline Competition Bureau seeks comment on a request filed by Five9, Inc. (Five9).1
Five9 seeks review of a January 18, 2013 decision by the Universal Service Administrative Company
(USAC) denying Five9’s request for credit for universal service fees it paid to its underlying carriers from
2008 through 2012.2 Five9 also seeks waiver of any late payment penalties.3 Finally, Five9 seeks
expedited action for its request.4
Pursuant to sections 1.415 and 1.419 of the Commission’s rules,5 interested parties may file
comments on or before April 22, 2013 and reply comments on or before May 6, 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
Comments may be filed electronically using the Internet by accessing the
1 Request for Review of a Decision by the Universal Service Administrator and Expedited Action by Five9, Inc.,
WC Docket 06-122 (filed Mar. 15, 2013) (Request for Review). Five9 previously submitted a separate request
seeking review of those parts of USAC’s January 18, 2013 decision that involve Five9’s contribution obligations for
2003 to 2007. See
Request for Review of a Decision by the Universal Service Administrator and Emergency
Request for Stay by Five9, Inc., WC Docket 06-122 (filed Feb. 22, 2013). The February 22 request for review was
placed separately on public notice on March 13, 2013. See Wireline Competition Bureau Seeks Comment on Five9’s
Request for Review of a Decision by the Universal Service Administrative Company,
WC Docket 06-122, Public
Notice, DA 13-426 (rel. Mar. 13, 2013).
2 Request for Review at 5-6.
. at 11.
5 47 C.F.R. §§ 1.415, 1.419.
6 See Electronic Filing of Documents in Rulemaking Proceedings
, 63 FR 24121 (1999).
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
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).
In addition, one copy of each pleading must be sent to each of the following:
Erica Myers, Telecommunications Access Policy Division, Wireline Competition Bureau, 445
12th Street, S.W., Room 5-B432, Washington, D.C. 20554; e-mail: Erica.Myers@fcc.gov; and
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
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
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
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
7 47 C.F.R. §§ 1.1200 et seq.
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 Erica Myers, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484, or Erica.Myers@fcc.gov