WPC 2HBX ZRomanNew Roman (TT)3|K Roman (TT)Times New Roman (Bold) (TT)Roman@^?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_((((W,E(OWOOOOOOOOOOOwSKSKSKSKSK,,,,,,,,[WWOWOWOWO_W_W_W_W(KOOWSWOWOSKWOSSOOWWOOSKSKSKSKWWSK[K[O[[K[K_W_W,WWW,,,W;WSG,GE[W[WWW((WCWEOC((N((;S(GOOOS(OOOOKOOOOOO(((((((((((((((OOtOg[[GOee*,KO.wROOn[CfxKxWlRx[][ceIfIs`Wx[rriwge((((((((((((((((((((((((((((((((?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_(((((((((((((((((((((((((((((((((((KOOS,SWOOOOOOO,gOO(K;((OOOOOOGOOOOOOOSSSSS,,,,W[WWWWWOW____SSWOOOOOOwKKKKK,,,,OWOOOOOGOWWWWKSHP LaserJet 4/4MOM 228 LPT1HPLAS4.WRSSX\  P6G;,,G"kP2 z 3|jRomanTimes New Roman (TT)^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNa݅@  I.   X(# SubheadingSubheading#0\ E A.  2-$^b+%d+&$,'9-FOOTNOTEFootnote - Appearance$PHIGHLIGHT 1Italics and Boldldedd%+. DRAFT ONHeader A Text = DRAFT and Date& X =8` (#FDRAFTă r  ` (#=D3 1, 43 12pt (Z)(PC-8))T2Dă  ӟDRAFT OFFTurn Draft Style off'@@    21(X.)1[.*1/+10HEADERHeader A - Appearance(LETTER LANDLetter Landscape - 11 x 8.5) 3'3'Standard'3'3StandardLetter Portrait - 8.5 x 11 ;   LEGAL LANDLegal Landscape - 14 x 8.5*f 3'3'Standard'A'AStandardZ K e6VE L"nu;   LETTER PORTLetter Portrait - 8.5 x 11+L 3'3'Standard3'3'StandardZ K e6VE L"nU9   24,1 2-nQ3.X3/4LEGAL PORTLegal Portrait - 8.5 x 14, 3'3'StandardA'A'StandardLetter Portrait - 8.5 x 119   TITLETitle of a Document-K\ * ăFOOTERFooter A - Appearanced.BLOCK QUOTESmall, single-spaced, indented/N X 2 80i41d352j536HEADING 33rd Heading Level0| XHIGHLIGHT 2Large and Bold Large1B*d. HIGHLIGHT 3Large, Italicized and Underscored2 V -qLETTERHEADLetterhead - date/margins3u H XX  3'3'LetterheadZ K e VE L"n3'3'LetterheadZ K e VE L"nE9    * 3'3'LetterheadZ K e VE L"n3' II"n"Tv3'StandarddZ K e VE L"nU9 Ѓ   24=4ER85-968:78;INVOICE FEETFee Amount for Math Invoice4 ,, $0$0  MEMORANDUMMemo Page Format5D.   ! M E M O R A N D U M ă r  y<N dddy   INVOICE EXPSEExpense Subtotals for Math Invoice6:A ,p, $0$00INVOICE TOTTotals Invoice for Math Macro7z 4p, $0$002@8f=9X?:[_?;[?INVOICE HEADRHeading Portion of Math Invoice8+C`*   4X 99L$0 **(  ӧ XX NORMALReturn to Normal Typestyle9SMALLSmall Typestyle:FINEFine Typestyle;2B<[G@=[@>[@?XALARGELarge Typestyle<EXTRA LARGEExtra Large Typestyle=VERY LARGEVery Large Typestyle>ENVELOPEStandard Business Envelope with Header?+w ,,EnvelopeZ K e VE L"n,,EnvelopeLarge, Italicized and Under;    ,, 88+  `   2D@X CAXeCBCC]DMACNormal@,.1AdfStyle 14Swiss 8 Pt Without MarginsB$$D Co> PfQ  )a [ PfQO Style 12Dutch Italics 11.5C$$F )^ `> XifQ  )a [ PfQO 2LD/EElJFzKGLStyle 11Initial Codes for Advanced IIDJ )a [ PfQK  dddn  #  [ X` hp x (#%'b, oT9 ! )^ `> XifQ ` Advanced Legal WordPerfect II Learning Guide   x )^ `> XifQ Advanced Legal WordPerfect II Learning Guide   j-n )^ `> XifQ    Copyright  Portola Systems, Inc. 1987, 1988`6 >Page  jBX )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 Style 3oDutch Roman 11.5 with Margins/TabsE )a [ PfQO  ddn  # c0*b, oT9 !Style 4 PSwiss 8 Point with MarginsFDq Co> PfQ  dddd  #  Style 1.5Dutch Roman 11.5 FontG4h )a [ PfQO  dddn 20OH|LIPMJMKNStyle 2Dutch Italic 11.5H$ )^ `> XifQ Style 5Dutch Bold 18 PointI$RH$L T~> pfQ_  )a [ PfQO Style 7Swiss 11.5J$$V )ao> PfQ ]  )a [ PfQO Style 6Dutch Roman 14 PointK$$N w [ PfQ   )a [ PfQO 2cLbOMiTNpYOu^Style 10oInitial Codes for AdvancedL U )a [ PfQK  dddn  ##  [[ b, oT9 !b, oT9 !n )^ `> XifQ ` Advanced Legal WordPerfect Learning Guide   f )^ `> XifQ Advanced Legal WordPerfect Learning Guide   Q" )^ `> XifQ    Copyright  Portola Systems, Inc. 1987, 1988`6 >Page  QN~ )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 Style 8PfInitial Codes for BeginninggMi )a [ PfQK  dddn  # X` hp x (#%'b, oT9  [ &e )^ `> XifQ ` Beginning Legal WordPerfect Learning Guide   d )^ `> XifQ Beginning Legal WordPerfect Learning Guide   jH )^ `> XifQ    Copyright  Portola Systems, Inc. 1987, 1988`6 >Page  j )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 Style 9Initial Codes for IntermediateN )a [ PfQK  dddn  # X` hp x (#%'b, oT9 Њ [ e )^ `> XifQ ` Intermediate Legal WordPerfect Learning Guide   3 )^ `> XifQ Intermediate Legal WordPerfect Learning Guide   jf )^ `> XifQ    Copyright  Portola Systems, Inc.`+ >Page  jX )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 UpdateInitial Codes for Update ModuleO )a [ PfQK  dddn  #  [ X` hp x (#%'b, oT9 !n )^ `> XifQ ` Legal WordPerfect 5.0 Update Class Learning Guide   f )^ `> XifQ Legal WordPerfect 5.0 Update Class Learning Guide   Q" )^ `> XifQ    Copyright  Portola Systems, Inc. 1987, 1988`7 CPage  jN~ )^ `> XifQ    Page ` Copyright  Portola Systems, Inc. 1987, 1988 2ePcQwdR}dSseDefault Paragraph FoDefault Paragraph FontP11#XXz PQXP##Iz PQP#head1 #Q'd#2p}wC@ #a1Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfR$ a2Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfS/` ` ` 2hT-fUfV^gWha3Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfT:` ` `  a4Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfUE` ` `  a5Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfVP  ` ` ` hhh a6Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfW[   2WkXhYiZpvj[qja7Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfXf  a8Paragraph R!1. a. i. (1) (a) (i) 1) a)D )DDDFrfYq Document[8]C^iDocument StyleNeF2CC -2( -Ct )BZ` ` ` Document[4]C^iDocument StyleNeF2CCW -2( -Ct )B[  . 2Vm\ek]ek^Sl_plDocument[6]C^iDocument StyleNeF2CCe -2( -Ct )B\  Document[5]C^iDocument StyleNeF2CCs -2( -Ct )B]  Document[2]C^iDocument StyleNeF2CC -2( -Ct )B^*    Document[7]C^iDocument StyleNeF2CC -2( -Ct )B_  ` ` ` 2o`manbncJoRight Par[1]C^iRight-Aligned Paragraph Numbers -2( -Ct )B`8@  Right Par[2]C^iRight-Aligned Paragraph Numbers -2( -Ct )BaA@` ` `  ` ` ` Document[3]C^iDocument StyleNeF2CC -2( -Ct )Bb0     Right Par[3]C^iRight-Aligned Paragraph Numbers -2( -Ct )BcJ` ` ` @  ` ` ` 2 sd pepfqgBrRight Par[4]C^iRight-Aligned Paragraph Numbers -2( -Ct )BdS` ` `  @  Right Par[5]C^iRight-Aligned Paragraph Numbers -2( -Ct )Be\` ` `  @hhh hhh Right Par[6]C^iRight-Aligned Paragraph Numbers -2( -Ct )Bfe` ` `  hhh@ hhh Right Par[7]C^iRight-Aligned Paragraph Numbers  -2( -Ct )Bgn` ` `  hhh@  2uh   Technical[1]C^iTechnical Document StyleCC -2( -Ct )Bo4?$@     2zpxq/yr}ys1zTechnical[7]C^iTechnical Document StyleCC -2( -Ct )Bp&AB  . Technical[8]C^iTechnical Document StyleCC -2( -Ct )Bq&CD  . Paragraph[1]C^i1. a. i. (1) (a) (i) 1) a)C -2( -Ct )Br$ab Paragraph[2]C^i1. a. i. (1) (a) (i) 1) a)C -2( -Ct )Bs/cd` ` ` 2y}tzu~{v|w|Paragraph[3]C^i1. a. i. (1) (a) (i) 1) a)C -2( -Ct )Bt:ef` ` `  Paragraph[4]C^i1. a. i. (1) (a) (i) 1) a)C -2( -Ct )BuEgh` ` `  Paragraph[5]C^i1. a. i. (1) (a) (i) 1) a)C -2( -Ct )BvPij` ` ` hhh Paragraph[6]C^i1. a. i. (1) (a) (i) 1) a)C -2( -Ct )Bw[kl 2px}yj~z4{RParagraph[7]C^i1. a. i. (1) (a) (i) 1) a)C -2( -Ct )Bxfmn Paragraph[8]C^i1. a. i. (1) (a) (i) 1) a)C -2( -Ct )Byqop toc 1toc 1z` hp x (#44` hp x (#toc 2toc 2{` hp x (#4 4 ` hp x (#2|}~އtoc 3toc 3|` hp x (#4 4 ` hp x (#toc 4toc 4}` hp x (#4 <4 <` hp x (#toc 5toc 5~` hp x (#4<4<` hp x (#toc 6toc 6` hp x (#44` hp x (#2vLŒtoc 7toc 7 toc 8toc 8` hp x (#44` hp x (#toc 9toc 9` hp x (#44` hp x (#index 1index 1` hp x (#4 4 ` hp x (#2lNlindex 2index 2` hp x (#4 toatoa` hp x (#` hp x (#captioncaption;1#XP\  P6QXP##C\  P6QP#2Xq_Equation Caption_Equation Caption11#XP\  P6QXP##C\  P6QP#endnote referenceendnote reference44#XP\  P6QXP##C\  P6QP#footnote referencefootnote reference4#XP\  P6QXP#2S&C6C^fDocument StyleNF2CC -2( -Ct )s t . 2eGep3S&C7C^fDocument StyleNF2CC -2( -Ct ) uv 4S&C8C^fDocument StyleNF2CC! -2( -Ct ) wx 5S&C9C^fDocument StyleNF2CC/ -2( -Ct )*yz   6S&C:C^fDocument StyleNF2CC= -2( -Ct ){|` ` ` 2F؟s7S&C;C^fRight-Aligned Paragraph NumbersK -2( -Ct )8}~@  8S&C<C^fRight-Aligned Paragraph NumbersY -2( -Ct )A@` ` `  ` ` ` 9S&C=C^fDocument StyleNF2CCg -2( -Ct )0    10S&C>C^fRight-Aligned Paragraph Numbersu -2( -Ct )J` ` ` @  ` ` ` 2ȤޡA11S&C?C^fRight-Aligned Paragraph Numbers -2( -Ct )S` ` `  @  12S&C@C^fRight-Aligned Paragraph Numbers -2( -Ct )\` ` `  @hhh hhh 13S&CAC^fRight-Aligned Paragraph Numbers -2( -Ct )e` ` `  hhh@ hhh 14S&CBC^fRight-Aligned Paragraph Numbers -2( -Ct )n` ` `  hhh@  2˥ 15S&CCC^fRight-Aligned Paragraph Numbers -2( -Ct )w` ` `  hhh@ppp ppp 16S&CDC^fDocument StyleNF2CC -2( -Ct )F   ׃  17S&CEC^fTechnical Document StyleCC -2( -Ct )&  . 18S&CFC^fTechnical Document StyleCC -2( -Ct )&  . 26]19S&CGC^fTechnical Document StyleCC -2( -Ct )*    20S&CHC^fTechnical Document StyleCC -2( -Ct )'   21S&CIC^fTechnical Document StyleCC -2( -Ct )&   22S&CJC^fTechnical Document StyleCC -2( -Ct )4$     2wh}r23S&CKC^fTechnical Document StyleCC+ -2( -Ct )&  . 24S&CLC^fTechnical Document StyleCC9 -2( -Ct )&  . 25S&CMC^f1. a. i. (1) (a) (i) 1) a)CG -2( -Ct )$ 26S&CNC^f1. a. i. (1) (a) (i) 1) a)CU -2( -Ct )/` ` ` 27<ڭ27S&COC^f1. a. i. (1) (a) (i) 1) a)Cc -2( -Ct ):` ` `  28S&CPC^f1. a. i. (1) (a) (i) 1) a)Cq -2( -Ct )E` ` `  29S&CQC^f1. a. i. (1) (a) (i) 1) a)C -2( -Ct )P` ` ` hhh 30S&CRC^f1. a. i. (1) (a) (i) 1) a)C -2( -Ct )[ 2i(31S&CSC^f1. a. i. (1) (a) (i) 1) a)C -2( -Ct )f 32S&CTC^f1. a. i. (1) (a) (i) 1) a)C -2( -Ct )q Default ParaC^fDefault Paragraph Font2CC -2( -Ct );;#PP##PP#_Equation CaC^f_Equation CaptionF2CC -2( -Ct );;#PP##PP#2v*vendnote refeC^fendnote referenceF2CC -2( -Ct )>>#PP##PP#footnote refC^ffootnote referenceF2CC -2( -Ct )>#PP#heading 4heading 4 heading 5heading 5 2 vHvv4vheading 6heading 6 heading 7heading 7 heading 8heading 8 endnote textendnote text 2vRȷZd@footnote textfootnote text toa headingtoa heading` hp x (#(#(#` hp x (#1, 2, 3,?@65NumbersO@/"=(1*1÷$t ?.E1.A, B,t ?@65Uppercase Letters1 ?*1÷$t ?.E .2μֺpqeifootnote tex6footnote text̺=(?. 0&ܺ*?.ںd 0E2(33`O5hT(G2PDocument Style&^aO5h.K+&,$@`O5Bȗ+&>` ` ` 34`O5iT(G2PDocument Style&^aO5i.K+&,$@`O5Bȗ+&>  . 35`O5jT(G2PDocument Style&^aO5j.K+&,$@`O5Bȗ+&>  2eeph36`O5kT(G2PDocument Style&^aO5k.K+&,$@`O5Bȗ+&>  37`O5lT(G2PDocument Style&^aO5l.K+&,$@`O5Bȗ+&>*   38`O5mT(G2PDocument Style&^aO5m.K+&,$@`O5Bȗ+&>` ` ` 39`O5nT(G2PRight-Aligned Paragraph NumbersK+&,$@`O5Bȗ+&>8@   2,ǿ\40`O5oT(G2PRight-Aligned Paragraph NumbersK+&,$@`O5Bȗ+&>A@` `  ` ` ` 41`O5pT(G2PDocument Style&^aO5p.K+&,$@`O5Bȗ+&>0    42`O5qT(G2PRight-Aligned Paragraph NumbersK+&,$@`O5Bȗ+&>J` ` @  ` `  43`O5rT(G2PRight-Aligned Paragraph NumbersK+&,$@`O5Bȗ+&>S` `  @  2T44`O5sT(G2PRight-Aligned Paragraph NumbersK+&,$@`O5Bȗ+&>\` `  @hh# hhh 45`O5tT(G2PRight-Aligned Paragraph NumbersK+&,$@`O5Bȗ+&>e` `  hh#@( hh# 46`O5uT(G2PRight-Aligned Paragraph NumbersK+&,$@`O5Bȗ+&>n` `  hh#(@- ( 47`O5vT(G2PRight-Aligned Paragraph NumbersK+&,$@`O5Bȗ+&>w` `  hh#(-@pp2 -ppp 2^48`O5wT(G2PDocument Style&^aO5w.K+&,$@`O5Bȗ+&>F *  ׃  49`O5xT(G2PTechnical Document Stylex.K+&,$@`O5Bȗ+&>&  . 50`O5yT(G2PTechnical Document Styley.K+&,$@`O5Bȗ+&>&  . 51`O5zT(G2PTechnical Document Stylez.K+&,$@`O5Bȗ+&>*    2F52`O5{T(G2PTechnical Document Style{.K+&,$@`O5Bȗ+&>'   53`O5|T(G2PTechnical Document Style|.K+&,$@`O5Bȗ+&>&   54`O5}T(G2PTechnical Document Style}.K+&,$@`O5Bȗ+&>4$     55`O5~T(G2PTechnical Document Style~.K+&,$@`O5Bȗ+&>&  . 2^A}C56`O5T(G2PTechnical Document Style.K+&,$@`O5Bȗ+&>&  . 57`O5T(G2P1. a. i. (1) (a) (i) 1) a).K+&,$@`O5Bȗ+&>$ 58`O5T(G2P1. a. i. (1) (a) (i) 1) a).K+&,$@`O5Bȗ+&>/` ` ` 59`O5T(G2P1. a. i. (1) (a) (i) 1) a).K+&,$@`O5Bȗ+&>:` ` `  2J.60`O5T(G2P1. a. i. (1) (a) (i) 1) a).K+&,$@`O5Bȗ+&>E` ` `  61`O5T(G2P1. a. i. (1) (a) (i) 1) a).K+&,$@`O5Bȗ+&>P` ` ` hhh 62`O5T(G2P1. a. i. (1) (a) (i) 1) a).K+&,$@`O5Bȗ+&>[ 63`O5T(G2P1. a. i. (1) (a) (i) 1) a).K+&,$@`O5Bȗ+&>f 2.|F<264`O5T(G2P1. a. i. (1) (a) (i) 1) a).K+&,$@`O5Bȗ+&>q 65`O5T(G2PDefault Paragraph Font5.K+&,$@`O5Bȗ+&>OO#P P##P P#66`O5T(G2P_Equation Caption^aO5.K+&,$@`O5Bȗ+&>OO#PP##PP#67`O5T(G2Pendnote reference^aO5.K+&,$@`O5Bȗ+&>RR#PP##PP#2` p q|68`O5T(G2Pfootnote reference^aO5.K+&,$@`O5Bȗ+&>R#PP#69 _5(_>7footnote text _5dK+b70t _5xŗ+tZP70 _5(_>7Document Style _5dK+b70t _5xŗ+t` ` ` 71 _5(_>7Document Style _5dK+b70t _5xŗ+t  . 2eep|72 _5(_>7Document Style _5dK+b70t _5xŗ+t  73 _5(_>7Document Style _5dK+b70t _5xŗ+t  74 _5(_>7Document Style _5dK+b70t _5xŗ+t*   75 _5(_>7Document Style _5dK+b70t _5xŗ+t` ` ` 2K76 _5(_>7Right-Aligned Paragraph NumbersK+b70t _5xŗ+t8@   77 _5(_>7Right-Aligned Paragraph NumbersK+b70t _5xŗ+tA@` `  ` ` ` 78 _5(_>7Document Style _5dK+b70t _5xŗ+t0     79 _5(_>7Right-Aligned Paragraph NumbersK+b70t _5xŗ+tJ` ` @  ` `  2c80 _5(_>7Right-Aligned Paragraph NumbersK+b70t _5xŗ+tS` `  @  81 _5(_>7Right-Aligned Paragraph NumbersK+b70t _5xŗ+t\  ` `  @hh# hhh 82 _5(_>7Right-Aligned Paragraph NumbersK+b70t _5xŗ+te  ` `  hh#@( hh# 83 _5(_>7Right-Aligned Paragraph NumbersK+b70t _5xŗ+tn ` `  hh#(@- ( 2g]84 _5(_>7Right-Aligned Paragraph NumbersK+b70t _5xŗ+tw` `  hh#(-@pp2 -ppp 85 _5(_>7Document Style _5dK+b70t _5xŗ+tF *  ׃  86 _5(_>7Technical Document StyledK+b70t _5xŗ+t&  . 87 _5(_>7Technical Document StyledK+b70t _5xŗ+t&  . 25^88 _5(_>7Technical Document StyledK+b70t _5xŗ+t*    89 _5(_>7Technical Document StyledK+b70t _5xŗ+t'   90 _5(_>7Technical Document StyledK+b70t _5xŗ+t&   91 _5(_>7Technical Document StyledK+b70t _5xŗ+t4$     2O@}J92 _5(_>7Technical Document StyledK+b70t _5xŗ+t&   . 93 _5(_>7Technical Document StyledK+b70t _5xŗ+t&!"  . 94 _5(_>71. a. i. (1) (a) (i) 1) a)dK+b70t _5xŗ+t$#$ 95 _5(_>71. a. i. (1) (a) (i) 1) a)dK+b70t _5xŗ+t/%&` ` ` 2[96 _5(_>71. a. i. (1) (a) (i) 1) a)dK+b70t _5xŗ+t:'(` ` `  97 _5(_>71. a. i. (1) (a) (i) 1) a)dK+b70t _5xŗ+tE)*` ` `  98 _5(_>71. a. i. (1) (a) (i) 1) a)dK+b70t _5xŗ+tP+,` ` ` hhh 99 _5(_>71. a. i. (1) (a) (i) 1) a)dK+b70t _5xŗ+t[-. 2[AFK100_5(_>71. a. i. (1) (a) (i) 1) a)dK+b70t _5xŗ+tf/0 101_5(_>71. a. i. (1) (a) (i) 1) a)dK+b70t _5xŗ+tq12 102_5(_>7Default Paragraph Font5dK+b70t _5xŗ+tw3w4#PP##PP#"i~'^09]SS999S]+9+/SSSSSSSSSS99]]]Sxnxxng?Snxgx]nxxxxn9/9aS9S]I]I9S]/9]/]S]]I?9]SxSSIC%CW9+Wa999+999999S9]/xSxSxSxSxSxxInInInInI>/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""dYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddVFPj4$ ucvht2KyK@Z9"i~'^09FSS999Sq+9+/SSSSSSSSSS99qqqSggnxggxx9In]nxgxgS]xgg]]?/?FS9SSISI/SS//I/xSSSS??/SInII?C/CZ9+ZF999+999999S9S/gSgSgSgSgSnnIgIgIgIgI9/9/9/9/nSxSxSxSxSxSxSxSxS]IgSxSxSxS]IxSgSgSgSgSnInInZnIxdgIgIgIgIxSxSxSxZxSxZxS9/9S999SSZZnI]/]<]9]5]/nSanSnSxSxSng?g?g?S?S?S?ZZ]<]/]FxSxSxSxSxSxSn]Z]?]?]?xS]9nSS?]9]Sd+SS8%8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuddddddddddddddddddddddddddddddddddddddddNd<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd>400000000009>9+@04242079$4+<744440-909020!!!4002-2--42O4020(($4+90-+!!94)0400000000000G2-2-2-2-2-744040404094949494-004240402-40220044002-2-2-2-442-7-7077-7-94944444$42++)7474444(4)0(N$2+00020000-00000000t0>77+0c<<&&209<!!&>>400000000009>9+@04242079$4+<744440-909020!!!4002-2--42O4020(($4+90-+!!9-002240000000>00-$000000+0000000222224744444049999224000000G-----0400000+04444-2 yO-fU yO-; #C\  P6QP#Federal Communications Commission FCC 97 292 ă`(#(#X  yxxdddyf  #     X-#Xj\  P6G; DXP#*2#X\  P6G;qP##Xj\  P6G; DXP##Xj\  P6G; DXP# Before the x Federal Communications Commission  X-Washington, D.C. 20554 #Xj\  P6G; DXP#у In the Matters of:R) R) Changes to the Board ofR)  X'-Directors of the National ExchangeR)hppCC Docket No. 9721 Carrier Association, Inc.R) R)  X -FederalState Joint Board onR)hppCC Docket No. 9645 Universal ServiceR)  X -  ORDER ON RECONSIDERATION,  X -  SECOND REPORT AND ORDER, AND  Xo- FURTHER NOTICE OF PROPOSED RULEMAKING à T  X*- Adopted: August 15, 1997hh@h Released: August 15, 1997  X- Comment Date: September 11, 1997  X- Reply Date: September 26, 1997 By the Commission:  X[- I. A. 1. a.(1)(a) i) a) I. 1. 1. a.(1)(a) i) a) I.xINTRODUCTION  XD-  X--x1. ` ` In this Order, we direct the National Exchange Carrier Association, Inc. (NECA) to assume the duties of the Universal Service Administrative Company (USAC) pertaining to the distribution, receipt, and processing of the Universal Service Worksheet, FCC Form 457, until such time as USAC is prepared to begin its operations and assume these duties. We also authorize NECA to perform certain ministerial functions on behalf of the Schools and Libraries Corporation and the Rural Health Care Corporation to the extent that the performance of those functions is necessary to meet the January 1, 1998 starting date  X!-established by the Commission. x  X^#-x2. ` ` We also authorize NECA, in its capacity as the Administrator of the  XG$-Telecommunications Relay Services Fund (TRS Fund),XG$ yO&-ԍ See 47 C.F.R.  64.604(c)(4)(iii)(A).X to make available to USAC, to NECA, to the extent that it is acting on behalf of USAC, and to the entity selected to be the"0%X0*((PP $" permanent universal service Administrator, certain TRS Fund information consisting of the names, addresses, contact persons, type of business, and other nonfinancial, identifying information relating to TRS Fund contributors. Such information shall be used by USAC, NECA, and the permanent universal service Administrator solely for the purpose of identifying contributors to the universal service support mechanisms and identifying entities engaged in certain types of business. With respect to revenue data submitted to the TRS Administrator by TRS contributors, we propose in a Further Notice of Proposed Rulemaking set forth below to amend section 64.604(c)(4)(iii)(I) of the Commission's rules to permit the use of such data by USAC, NECA, to the extent that it is acting on behalf of USAC, and the permanent universal service Administrator, to verify revenue information provided on the Universal Service Worksheet by contributors to the universal service support mechanisms.  X -x3. ` ` Finally, in this Order we instruct entities that currently are unable, without substantial difficulty, to distinguish their intrastate, interstate, or international revenues or are unable to provide specific, linebyline revenue totals for certain categories of revenues, to provide good faith estimates of such revenues in the Universal Service Worksheet that must be completed by September 1, 1997.  Xb- II.Xx UNIVERSAL SERVICE IMPLEMENTATION ISSUES  xx(#  X4-xA.` ` Background(#`  X-  X-x4. ` ` In the Universal Service Order, {O-ԍ FederalState Joint Board on Universal Service, CC Docket No. 9645, Report and Order, 62 Fed. Reg. 32862 (rel. May 8, 1997) (Universal Service Order). the Commission determined that, subject to changes in its governance, NECA should serve as the temporary Administrator of the universal service support mechanisms established pursuant to section 254 of the  X-Communications Act of 1934, as amended.O" yO-ԍ Universal Service Order at para. 866.O The Commission also held that, beginning January 1, 1998, only designated eligible telecommunications carriers shall receive universal  X-service support pursuant to the Commission's rules.F yO-ԍ 47 C.F.R.  54.201(a)(1).F In the NECA Order,e\B yO -ԍ Changes to the Board of Directors of the National Exchange Carrier Association, Inc. and FederalState  {ON!-Joint Board on Universal Service, CC Docket Nos. 9721 and 9645, FCC 97253, Report and Order and Second  {O"-Order on Reconsideration, (rel. July 18, 1997) (NECA Order).e the Commission instructed NECA to create an independent subsidiary, USAC, to administer temporarily  Xe-certain portions of the universal service support mechanisms.Aef  yO|%-ԍ NECA Order at para. 30.A The Commission specified the"e 0*''PP" number and composition of USAC's Board of Directors and adopted a procedure for  X-nominating candidates for seats on the USAC Board.E yOb-ԍ NECA Order at paras. 3340.E In the NECA Order, the Commission also directed NECA to establish an unaffiliated, notforprofit corporation to manage specified portions of the universal service support mechanisms for schools and libraries (referred to herein as the "Schools and Libraries Corporation") and another unaffiliated, notforprofit corporation to manage specified portions of the support mechanisms for rural health care  Xv-(referred to herein as the "Rural Health Care Corporation").EvX yO -ԍ NECA Order at paras. 5760.E  XH-x5. ` ` In the NECA Order, the Commission adopted rules requiring universal service contributors to file information regarding their enduser telecommunications revenues in a  X -Worksheet that will be filed semiannually.   {O-ԍ NECA Order at paras. 43 and 80. See also 47 C.F.R.  54.711 and 54.713. The Office of Management and Budget (OMB) approved the final Worksheet on July 31, 1997, and the Commission announced the release of  X -the Worksheet on August 4, 1997. & z {O-ԍ See FCC Announces Release of Universal Service Worksheet, FCC Form 457, Public Notice, DA 971671  yO-(rel. Aug. 4, 1997) . The Commission announced minor changes to the worksheet instructions on August 1, 1997.  {O-See FCC Announces NonSubstantive Changes to Universal Service Worksheet Instructions Released on August  {Os-4, 1997, FCC Form 457, Public Notice, DA 971671A (rel. Aug. 11, 1997) . As stated in the instructions to the Worksheet, the first Worksheet must be completed and returned to the temporary Administrator of the universal  X -service support mechanisms by September 1, 1997.Z h  yO-ԍ Universal Service Worksheet, FCC Form 457, at 5.Z  X-x6. ` ` In a letter filed with the Commission by NECA on August 1, 1997, NECA asserts that the ability of USAC, the Schools and Libraries Corporation, and the Rural Health Care Corporation to implement the new universal service support mechanisms by the January 1, 1998 deadline established by the Commission may be jeopardized unless NECA is immediately authorized to undertake certain startup activities on behalf of those entities prior to the time that the USAC, Schools and Libraries Corporation, and Rural Health Care  X-Corporation Boards of Directors assume responsibility for their respective operations.   {O -ԍ See Letter from Bruce Baldwin, NECA, to William F. Caton, FCC, dated August 1, 1997 (NECA Letter). NECA estimates that the USAC Board will not be established and hold its first meeting until late August or early September and that development and implementation work on behalf of the Schools and Libraries and Rural Health Care Corporations might not begin until late September or early October, leaving only two or three months before January 1, 1998 to put" 0*''PP"  X-the necessary systems in place.;  yOy-ԍ NECA letter at 2.; NECA estimates that at least four months' time is needed before the competitive bidding system for the schools and libraries and rural health care  X-programs, and all necessary funds collection and distribution processes, are in place.3X {O-ԍ Id.3  X-x7. ` ` In its August 1, 1997 letter, NECA also asks the Commission to provide a mechanism for the recovery of NECA's administrative expenses, including the expenses associated with preparing and filing the corporate documents needed to incorporate USAC and  X_-the Schools and Libraries and Rural Health Care Corporations.;_ yO -ԍ NECA letter at 3.; NECA proposes that it be required to keep a separate account of its costs for implementing the new support mechanisms, including interest on funds advanced for startup activities, and proposes that it be entitled to recover costs incurred in 1997 from the new universal service support mechanisms in 1998.  X -  X -xB.` ` Discussion  X -  X -XxX` ` 1 .X Authorization for NECA to Perform Functions Relating to Distribution and Processing of the Universal Service Worksheet on Behalf of USAC(#  Xb-  x  XK-x8. ` ` We direct NECA to assume the duties assigned to USAC, as set forth in the  X4-NECA Order,A4z yO_-ԍ NECA Order at para. 43.A relating to the distribution, receipt, and processing of the Universal Service Worksheet until USAC is prepared to assume these duties. In making this determination, we  X-reconsider on our own motionZ  {O-ԍ See 47 C.F.R.  1.108 ("The Commission may, on its own motion, set aside any action made or taken by it within 30 days from the date of the public notice of such action, as that date is defined in  1.4(b) of these rules"). our decision in the NECA Order immediately to assign these  X-duties to USAC.3,  {O -ԍ Id.3 In order to ensure timely distribution of the Universal Service Worksheet, we conclude that it is critical that we authorize NECA to begin distributing the Worksheet immediately to potential contributors. Although the Universal Service Worksheet was released by the Commission on August 4, 1997, the NECA Order nevertheless charged USAC  X-with responsibility for distributing the Worksheet to contributing carriers and entities.A  yO&-ԍ NECA Order at para. 43.A We"N 0*''PPo" conclude that for potential contributors that may not have received the Commission's August 4th public notice announcing release of the Worksheet and, as a result, may not be aware of their obligation to complete and submit the Worksheet to the universal service Administrator by September 1, 1997, it is imperative that NECA be authorized immediately to distribute the Worksheet to all potential contributors so that entities have sufficient time to complete and submit the Worksheet by the September 1, 1997 deadline.  X_-x9. ` ` We also agree with NECA that USAC's ability to meet the January 1, 1998 target implementation deadline may be jeopardized unless NECA begins work immediately on establishing the systems that are necessary to process the revenue information provided on the Universal Service Worksheet and on processing the Worksheet information that is received, until the USAC Board of Directors is in place and is prepared to assume these responsibilities. It is our expectation, however, that, as soon as possible following its establishment, the USAC Board of Directors will provide direction to NECA with respect to any developmental work already begun by NECA and, when it is prepared to do so, will assume responsibility for these functions.  Xy-XxX` ` 2 .X Authorization for NECA to Perform Certain Functions on Behalf of Schools and Libraries Corporation and Rural Health Care  XK-Corporation (#  X-x 10. ` ` In its August 1, 1997 letter, NECA maintains that, unless it is authorized to begin the necessary development and implementation work on behalf of the Schools and Libraries and Rural Health Care Corporations, the corporations will not have sufficient time to design and implement websites, to establish capabilities for reviewing and posting service requests from qualified entities, and to have procedures in place for issuing funding  X-confirmations before the January 1, 1998 implementation date.; yO#-ԍ NECA letter at 2.; We agree that certain preliminary steps need to be taken in order for the corporations to have the necessary procedures in place to permit eligible beneficiaries to begin drawing support by January 1, 1998. Accordingly, we authorize NECA to perform certain ministerial functions on behalf of the Schools and Libraries and Rural Health Care Corporations to the extent that the performance of those functions is necessary to meet the January 1, 1998 deadline.  X -x 11. ` ` For example, we anticipate that NECA will begin developmental work relating to the creation of websites for the posting of applications submitted on behalf of schools, libraries, and rural health care providers. We also anticipate that NECA will begin assigning identification numbers to eligible schools, libraries, and rural health care providers and taking steps to create a database containing this information. In making these determinations, we"!X0*''PP "  X-reconsider on our own motionI {Oy-ԍ See 47 C.F.R.  1.108.I our decision in the NECA Order immediately to assign these  X-duties to the Schools and Libraries and Rural Health Care Corporations.EZ yO-ԍ NECA Order at paras. 6567.E We conclude that this action is critical to the ability of the Schools and Libraries and Rural Health Care Corporations to meet the January 1, 1998 implementation date. It is our expectation, however, that, as soon as possible following their establishment, the Schools and Libraries and Rural Health Care Corporation Boards of Directors will provide direction to NECA with respect to any developmental work already begun by NECA and, when they are prepared to do so, will assume responsibility for these functions.  X1-XxX` ` 3.X Mechanism for Recovery of Administrative Expenses Incurred by  X -NECA (#  X -x 12. ` ` We also establish a mechanism by which NECA will receive reimbursement for administrative expenses associated with its performance of the incorporation and other startup functions that have been assigned to it. We conclude that NECA should be entitled to recover from the new universal service support mechanisms in 1998 all reasonable administrative costs, including interest on funds advanced for startup activities, that NECA incurs in 1997 in  Xy-performing the duties assigned to it pursuant to this Order and the NECA Order.y yO-ԍ In the NECA Order, the Commission stated that USAC and the Corporations may contract with NECA for particular services when doing so would minimize administrative expenses or facilitate the prompt implementation of the support mechanisms. NECA Order at paras. 7174. In this Order, we clarify that NECA also may receive compensation for services provided on behalf of USAC and the Corporations even before the establishment of those entities.  We direct NECA to keep a separate accounting of all implementation expenses that it incurs in performing the incorporation and other startup functions that we have directed it to perform on behalf of USAC and the Schools and Libraries and Rural Health Care Corporations.  X-x` ` 4. Use of TRS Fund Carrier Identification Information Data by the  X-Universal Service Administrator pp(# x  X-x 13. ` ` We also authorize NECA, in its capacity as the Administrator of the TRS Fund, to make available to USAC, to NECA to the extent that it is acting on behalf of USAC, and to the entity selected to be the permanent universal service Administrator, certain TRS Fund information consisting of the names, addresses, contact persons, type of business, and other nonfinancial, identifying information relating to TRS Fund contributors. Such information shall be used by these entities solely for the purpose of identifying contributors to the"N0*''PP"  X-universal service support mechanisms" yOy-ԍ Carriers providing interstate telecommunications services already contribute to the TRS Fund and their current addresses and other identifying information are stored in the TRS Fund database. 47 C.F.R.   yO -64.604(c)(4)(iii)(A). These entities also will be required to contribute to the new universal service support  {O-mechanisms. See Universal Service Order at paras. 777 and 794. and for the related purpose of identifying entities  X-engaged in certain types of business.: yOL-ԍ For example, we are aware that the names and addresses of certain entities, including certain private network operators, may be entered in the TRS database even though those entities are not under an obligation to contribute to the TRS fund. We anticipate that such filings might be useful to NECA or USAC for purposes of identifying certain private network operators that may be obligated to contribute to the universal service support  {Ol -mechanisms. See Universal Service Order at paras. 777 and 794.: We conclude that the use of TRS Fund information for purposes of identifying contributors to which the Universal Service Worksheet will be sent will facilitate the timely filing of the Worksheet. Access to this information will enhance the likelihood that contributors will receive the Worksheet in a timely manner. We are concerned that the ability of NECA, acting on behalf of USAC, to meet the September 1, 1997 filing deadline and the ability of USAC, or NECA, acting on behalf of USAC, to meet the January 1, 1998 implementation deadline would be jeopardized absent access to identifying TRS Fund information.  X -x 14. ` ` We conclude that granting NECA, USAC, and the permanent Administrator the authority to use TRS Fund data in the manner described is consistent with section 64.604(c)(4)(iii)(I) of the Commission's rules. The rule provides that "[t]he Administrator shall keep all data obtained from contributors and TRS providers confidential and shall not disclose such data in company specific form unless directed to do so by the Commission. The Administrator shall not use [TRS] data except for purposes of administering the TRS Fund . .  X-. ."Nd  yO-ԍ 47 C.F.R.  64.604(c)(4)(iii)(I).N We interpret the limitation on TRS Fund data in section 64.604(c)(4)(iii)(I) to apply only to financial data, such as carrier revenue data, in light of language in the order in which  Xb-it was adopted directing carriers to provide "identification information and revenue data."b  {O-Ѝ Telecommunications Relay Services, and the Americans with Disabilities Act of 1990, Third Report and  {O-Order, 8 FCC Rcd 5300, 5303 (1993) ("The [TRS] worksheet will direct each carrier to provide identification information and revenue data, to calculate a TRS contribution, and to file the worksheet and contribution with the FCC TRS Fund Administrator."). The instructions to the TRS worksheet list as "identification information" the carrier's legal name, the holding company or controlling entity, the principal name under which the company conducts carrier activities, the mailing address of the corporate headquarters, and a telephone number that can be used for customer inquiries. TRS Worksheet, Block 1 instructions. The instructions further note that "[i]nformation provided in Block 1 will be published by the Common Carrier Bureau in the 'Long Distance  {OK#-Locator.'" Id.  We conclude, therefore, that the section imposes no specific restriction on use by NECA, USAC, or the permanent administrator of the nonfinancial, identifying information described above. "0*''PP"Ԍx  X-x15. ` ` We note that our decision here to permit the use of identification information from the TRS Fund for purposes of identifying contributors to the universal service support mechanisms is interpretive in nature. Because this is an interpretative rule that does not represent a change in an existing rule nor the adoption of a new rule, but merely explains and  X-clarifies our existing rule, section 553(b)(A)? yO-ԍ 5 U.S.C.  553(b).? of the Administrative Procedure Act (APA) does not require the Commission to conduct a notice and comment proceeding in this  X_-instance._X {Oh -Ѝ See Metropolitan School Dist. of Wayne Township v. Davila, 969 F.2d 485, 489-92 (7th Cir.1992) (holding that an expression of agency opinion on a subject never before considered may be interpretive when the  {O -agency's ruling does not constitute a change in policy); Southern California Edison Co. v. Federal Energy  {O -Regulatory Comm'n, 770 F.2d 779, 783 (9th Cir.1985) (holding that "[i]nterpretative rules merely clarify or explain existing law or regulations" and go "to what the administrative officer thinks the statute or regulation means") (citations omitted).  XH-  X1-x16. ` ` As a separate matter, we propose to amend section 64.604(c)(4)(iii)(I) of the Commission's rules specifically to permit the use of TRS Fund revenue data by USAC or NECA, to the extent that it is acting on behalf of USAC, and the permanent universal service Administrator, for purposes of verifying revenue information reported on the Universal Service Worksheet. We seek comment on this proposal in a Further Notice of Proposed Rulemaking set forth in section IV. below.  X-x` ` 5. Other Implementation Issues(#  Xb-x 17. ` ` In the Universal Service and NECA orders, the Commission adopted detailed rules governing the implementation and operation of the new universal service support mechanisms. As in the case of any new program, implementation of the support mechanisms will require the administering corporations to exercise judgment and discretion in interpreting the governing rules. USAC, the Schools and Libraries Corporation, or the Rural Health Care Corporation may encounter complex issues that require expeditious resolution in order to avoid undue prejudice to individual applicants for support or in order to prevent delayed implementation of the universal service program generally, but with respect to which our rules do not provide specific guidance. We anticipate that USAC and the Corporations will exercise sound judgment and discretion in such circumstances, in a manner that is consistent  X|-with the Commission's overall policies and rules governing the universal service programs.| yO#-ԍ We note that USAC and the Corporations remain accountable to the Commission for their performance of all functions relating to the administration of the universal service support mechanisms. NECA Order at para. 2. Of course, acknowledging the need for such discretion in no way diminishes our commitment to the impartial allocation of funds to individual applicants by entities administering the"N. 0*''PP" universal service support mechanisms.  X- x  X- III.Xx REPORTING ENDUSER TELECOMMUNICATIONS REVENUE DATA AND  X-OTHER REVENUE DATA ON THE UNIVERSAL SERVICE WORKSHEET (#(#X` ` (#  X-xA.` ` Background(#`  Xv-  X_-x18. ` ` In the Universal Service Order, the Commission adopted rules requiring all telecommunications carriers that provide interstate telecommunications services, private service providers that offer their services to others for a fee, and payphone aggregators, to  X -contribute to the new federal universal service support mechanisms.X  yO -ԍ Universal Service Order at paras. 777 and 794.X The Commission concluded that, beginning January 1, 1998, contributions for support for high cost, rural, and insular areas and lowincome consumers will be based on interstate and international enduser  X -telecommunications revenues.^ X yO-ԍ Universal Service Order at paras. 833, 836, and 843.^ The Commission further concluded that, beginning January 1, 1998, contributions for support for schools, libraries, and rural health care providers will be  X -based on interstate, international, and intrastate enduser telecommunications revenues.^!  yO@-ԍ Universal Service Order at paras. 837, 841, and 843.^  Xy-x19. ` ` The Universal Service Worksheet requires contributors to list their revenues by certain categories. Contributors also must list the percentage of each revenue category that represents interstate and international revenues. The Worksheet instructions state that "[c]ontributors who cannot calculate a percentage [of interstate and international revenues] by using information from their books of account and other internal data reporting systems may  X-elect to rely on a special study to estimate the percentages."F"x yO/-ԍ NECA Order at Appendix C18.F Contributors are instructed to make information supporting special studies available to the Commission or universal service Administrator upon request.  X-x20. ` ` Following release of a draft copy of the Worksheet in an appendix to the NECA Order, several parties requested clarification on how, for purposes of completing the Worksheet, entities that cannot derive various revenue data directly from their books of  Xe-account should identify the requested revenue information.#e {O#-ԍ See, e.g., Letter from Wendy Chow, Cellular Telecommunications Industry Association, to William F. Caton, FCC, dated July 11, 1997.  XN-    X7-xB.` ` Discussion "7 b #0*''PP"Ԍ X- ęx21. ` ` We recognize that some contributors to the universal service support mechanisms may not be able, without substantial difficulty, to derive from their existing books of account the revenue information required by the Worksheet. For example, because some contributors are not required by Commission rules to identify their interstate revenues for nonuniversal service purposes, it may be difficult for these entities to identify interstate revenues. We note that several parties have filed petitions for reconsideration of the Universal Service Order requesting clarification on how to distinguish their interstate from intrastate revenues for purposes of providing this information to the universal service  XH-administrator.$H {O -ԍ See, e.g., Airtouch Communications, Inc. petition for clarification and partial reconsideration at 1011; Cellular Telecommunications Industry Association petition for reconsideration and clarification at 1825. The record in the reconsideration proceeding has not closed and we anticipate that we will address this issue in further detail after we receive responses to the petitions. Furthermore, we recognize that some noncommon carrier contributors to the universal service support mechanisms will face similar difficulties identifying their revenues by the specific linebyline categories listed on the Worksheet. In light of the Worksheet's September 1, 1997 due date, however, we must provide immediate guidance to these contributors. Therefore, on an interim basis, until such time as the Commission takes action on the pending petitions for reconsideration, contributors that cannot derive interstate revenues from their books of account or cannot derive the linebyline revenue breakdowns from their books of account may provide on the Worksheet good faith estimates of these figures. Contributors may derive their estimates using a method that they, in good faith, believe will yield a reasonably accurate result. Contributors must document how they calculated their estimates and make such information available to the Commission or Administrator upon request.  X-x22. ` ` We conclude for good cause that compliance with the notice and public comment provisions of the APA is impracticable and is not required at this time with respect to our interim decision to permit contributors to make good faith estimates of their enduser telecommunications and other revenues as described above for purposes of completing the  X-Universal Service Worksheet.%" yO}-ԍ 5 U.S.C.  553(b)(B) (notice requirements inapplicable "when the agency for good cause finds ... that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest"). In order to facilitate the timely filing of Universal Service Worksheets and implementation of the universal service support mechanisms, and because the action we take represents an interim solution to a problem that will be addressed more comprehensively in a forthcoming order on reconsideration of the Universal Service Order, in CC Docket No. 9645, we find that compliance with the notice and comment provisions of the APA is impracticable at this time.  X - IV.XxFURTHER NOTICE OF PROPOSED RULEMAKING (#  X-x23. ` ` In this Further Notice of Proposed Rulemaking (FNPRM) we propose to amend" z%0*''PP" section 64.604(c)(4)(iii)(I) of the Commission's rules to permit the use of TRS Fund revenue data by USAC, NECA, to the extent that it is acting on behalf of USAC, and the permanent universal service Administrator to enable those entities to verify revenue information provided  X-by contributors pursuant to the Universal Service Worksheet.z&  yO4-Ѝ In section III above, we interpreted the term "data" in section 64.604(c)(4)(iii)(I) to apply only to financial data, such as carrier revenue data, and concluded, therefore, that that section imposes no specific restriction on NECA's, USAC's, or the permanent Administrator's use of the nonfinancial, identifying information.z Section 64.604(c)(4)(iii)(I) provides as follows: XxX` ` The [TRS] administrator shall keep all data obtained from contributors and TRS providers confidential and shall not disclose such data in companyspecific form unless directed to do so by the Commission. The administrator shall not use such data except for purposes of administering the TRS Fund, calculating the regulatory fees of interstate common carriers, and aggregating such fee payments for submission to the Commission. The Commission shall have access to all data reported to the administrator, and authority to audit TRS  X -providers.N'  yO-ԍ 47 C.F.R.  64.604(c)(4)(iii)(I).N x`  Xy-x24. ` ` Although this rule specifically provides that the Commission may order the disclosure of the underlying revenue data contained in the TRS Fund database, we note that the rule also imposes limitations regarding permissible use of the data. Therefore, in light of the limitations imposed on NECA by section 64.604(c)(4)(iii)(I) regarding permissible use of  X-the data, and consistent with our prior practice,(@ yO-Ѝ We note that the Commission similarly elected in a previous proceeding to amend the rule as opposed to  {O-ordering the disclosure of the TRS Fund revenue data. See Assessment and Collection of Regulatory Fees for  {O-Fiscal Year 1996, Report and Order, MD Docket No. 9684, 61 Fed. Reg. 3662903 (rel. July 5, 1996). In the Regulatory Fees proceeding, the Commission amended section 64.604(c)(4)(iii)(I) to permit the TRS Administrator to use TRS Fund revenue data for the purpose of calculating the regulatory fees of interstate  {O-common carriers, and aggregating such fee payments for submission to the Commission. Id. at para. 67. we propose to amend the rule rather than directing NECA, in its capacity as TRS Administrator, to disclose the data to the universal  X-service Administrator. Accordingly, we propose to amend the rule as set forth in Appendix A to state that the TRS Fund data also may be used by USAC, NECA, to the extent that it is acting on behalf of USAC, and the permanent universal service Administrator, for the purpose of verifying revenue information provided by contributors to the universal service support  X-mechanisms. We further propose to amend section 54.711(b)B)  yO&-ԍ 47 C.F.R.  54.711(b)B to clarify that, except as" N )0*''PP" specified here, the duty of NECA, USAC, and the permanent Administrator to keep confidential all data obtained from universal service contributors, not to use such data except as provided in the proposed rule amendment, and not to disclose the information in companyspecific form unless directed to do so by the Commission extends to data obtained from the TRS Fund as well.  Xv-x25. ` ` We tentatively conclude that these proposed amendments are sufficient to maintain the confidentiality of the TRS Fund revenue data disclosed to the universal service Administrator in light of the restrictions we propose to impose upon their use. We seek comment on this tentative conclusion and the proposed rule amendments set forth in Appendix A.  X - V.x PROCEDURAL MATTERS  X <x A. ` ` Ex Parte   X-x26. ` ` Section IV of this Order is a permitbutdisclose notice and comment  Xz-rulemaking proceeding. Ex parte presentations are permitted, except during the Sunshine  Xe-Agenda period, providing they are disclosed as provided in the Commission's rules.k*e {O-ԍ See generally 47 C.F.R.  1.1202, 1.203, and 1.1206.k  X7-Xx B. ` ` Regulatory Flexibility (#  X -x27. ` ` Section 603 of the Regulatory Flexibility Act (RFA), as amended,<+ Z yO-ԍ 5 U.S.C.  603.< requires an Initial Regulatory Flexibility Analysis in notice and comment rulemaking proceedings, unless the head of the agency certifies that "the rule will not, if promulgated, have a significant  X-economic impact on a substantial number of small entities."?, yO_-ԍ 5 U.S.C.  605(b).? The FNPRM portion of this proceeding applies only to NECA's obligation to disclose certain TRS Fund data to the universal service Administrator.  Xh-x28. ` ` For the purposes of this FNPRM, the RFA defines a "small business" to be the same as a "small business concern" under the Small Business Act, unless the Commission has  X:-developed one or more definitions that are appropriate to its activities.?-:z yOe#-ԍ 5 U.S.C.  601(3).? Under the Small Business Act, a "small business concern" includes a small organization, which is defined as a non-profit enterprise that is not independently owned and operated and is not dominant in its"  -0*''PP"  X-field.@. yOy-ԍ 15 U.S.C.  632(a).@ NECA is a non-profit, quasi-governmental association that was created to administer  X-the Commission's interstate access tariff and revenue distribution processes./ZX {O-ԍ See 47 C.F.R.   69.601, 69.603. NECA subsequently assumed responsibility for administering the existing universal service fund (47 C.F.R.   69.116, 69.603), the Lifeline Assistance program (47 C.F.R.   69.117, 69.603), the LTS program (47 C.F.R.   69.2(y), 69.612); and TRS Fund (47 C.F.R.  64.604(c)(4)(iii). Therefore, NECA is not a small organization within the meaning of the RFA. Furthermore, this FNPRM does not apply to other "small business concerns" because it proposes to modify a rule that applies only to NECA. For this reason, we tentatively conclude that these proposals would not have a significant economic impact on a substantial number of small entities.  X_-x29. ` ` We therefore certify, pursuant to section 605(b) of the RFA, that the proposed rule amendments would not have a significant economic impact on a substantial number of small entities. We seek comment on this tentative conclusion. The Commission shall publish this certification in the Federal Register, and shall provide a copy of this FNPRM, including  X -this certification, to the Chief Counsel for Advocacy of the Small Business Administration.?0 z yO.-ԍ 5 U.S.C.  605(b).?  X -x E.` ` Effective Date (#`  X -x30. ` ` We find that the conclusions adopted herein should become effective  X-immediately upon release of this Order for the following reasons.  Xb-x31. ` ` First, in order to implement promptly and effectively the new universal service programs mandated by section 254 of the Act, it is critical that development and implementation work begin immediately on behalf of USAC, the Schools and Libraries Corporation, and the Rural Health Care Corporation. The Commission's Universal Service Order requires that the new universal service programs begin by January 1, 1998. To implement the new programs by January 1, 1998, USAC and the Schools and Libraries and Rural Health Care Corporations must complete a number of administrative functions. USAC and the Corporations may not begin to perform these functions until certain preliminary tasks, some of which may require substantial, timeconsuming deliberations among interested parties, are completed. Such preliminary tasks include the incorporation of both USAC and the Corporations and the appointment of these entities' Boards of Directors. Accordingly, we conclude that NECA must be permitted to begin performing the functions specified herein, including using identifying information submitted in connection with the TRS Fund for purposes of identifying universal service contributors, on behalf of USAC, the Schools and Libraries Corporation, and the Rural Health Care Corporation as soon as possible. x  X-x32. ` ` Second, we conclude above that universal service contributors that currently are" 00*''PP<" unable, without substantial difficulty, to distinguish their intrastate, interstate, or international revenues or are unable to provide specific, linebyline revenue totals for certain categories of revenues, should be permitted to provide good faith estimates of such revenues in the Universal Service Worksheet. Because the Universal Service Worksheet must be completed and submitted to the universal service Administrator by September 1, 1997, we conclude that our conclusions permitting contributing entities to provide such good faith estimates in the Universal Service Worksheet should become effective as soon as possible.  XH-Xx D. ` ` Procedures for Filing Comments (#  X -x 33. ` ` We invite comment on the proposed rule amendments, issues, and tentative conclusion set forth in the Further Notice of Proposed Rulemaking. Pursuant to applicable  X -procedures set forth in sections 1.415 and 1.419 of the Commission's rules,K1  yOe -ԍ 47 C.F.R.   1.415, 1.419.K interested parties  X -may file FNPRM comments on or before September 11, 1997 and reply comments on or  X -before September 26, 1997 . To file formally in this proceeding, parties must file an original and six copies of all comments, reply comments, and supporting comments. Parties that want each Commissioner to receive a personal copy, must file an original plus eleven copies. Parties should send comments and reply comments to Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W., Room 222, Washington, D.C. 20554. Five courtesy copies should also be sent to Sheryl Todd at 2100 M Street, N.W., Room 8611, Washington, D.C. 20554. Parties should also file one copy of any document filed in this docket with the Commission's copy contractor, International Transcription Services, Inc. (ITS), 2100 M Street, N.W., Suite 140, Washington, D.C. 20037. ITS's telephone number is 202-857-3800. Comments and reply comments will be available for public inspection during regular business hours in the FCC Reference Center, Room 239, 1919 M Street, N.W., Washington, D.C. 20554. Comments and reply comments must include a concise summary of  X-the substantive arguments raised in the pleading.F2ZX yO-ԍ Comments and reply comments also must comply with section 1.49 and all other applicable sections of  {O{-the Commission's rules. See 47 C.F.R.  1.49. We require that a summary be included, however, with all comments and reply comments, regardless of length.F  X|-x!34. ` ` Parties are also asked to submit comments on diskette. Diskette submissions would be in addition to and not a substitute for the formal filing requirements addressed above. Parties submitting diskettes should submit them to Sheryl Todd at 2100 M Street, N.W., Room 8611, Washington, D.C. 20554. Such a submission should be on a 3.5 inch diskette in an IBM compatible format using WordPerfect 5.1 for Windows software in a "read only" mode. The diskette should be accompanied by a cover letter. For further information concerning this proceeding, contact Sheryl Todd, Accounting and Audits Division, Common Carrier Bureau at 202-418-7400."z20*''PP"Ԍ X-ԙ V.xORDERING CLAUSES  X-x"35. ` ` Accordingly, IT IS ORDERED, pursuant to sections 14, 254 of the Communications Act of 1934, as amended, 47 U.S.C.   151154, and 254 that the ORDER ON RECONSIDERATION of the Report and Order and Second Order on Reconsideration in CC Docket Nos. 9721 and 9645, FCC 97253, IS ADOPTED.  X_-x#36. ` ` IT IS FURTHER ORDERED, pursuant to sections 14, 254 of the Communications Act of 1934, as amended, 47 U.S.C.   151154, and 254 that the SECOND REPORT AND ORDER in CC Docket No. 9645 IS ADOPTED.  X -x$37. ` ` IT IS FURTHER ORDERED, pursuant to sections 14, 254 of the Communications Act of 1934, as amended, 47 U.S.C.   151154, and 254 that NOTICE IS HEREBY GIVEN of proposed amendments to Parts 64 and 54 of the Commission's Rules, 47 C.F.R. Parts 64 and 54, as described in the FURTHER NOTICE OF PROPOSED RULEMAKING in CC Docket No. 9721 and COMMENTS ARE REQUESTED as described above.  Xb-x%38. ` ` IT IS FURTHER ORDERED that the conclusions adopted in this ORDER shall  XK-become effective immediately upon release of this Order. x` ` X XXhhFEDERAL COMMUNICATIONS COMMISSION(#h x` ` hhWilliam F. Caton x` ` hhActing Secretary "e20*''PP}"  X-x0 Appendix A ă  X-x<h PROPOSED AMENDMENTS TO THE CODE OF FEDERAL REGULATIONS ă xPart 64 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows:  X_-x PART 64 MISCELLANEOUS RULES RELATING TO COMMON CARRIERS Section 64.604 is amended by revising paragraph (c)(4)(iii)(I) to read as follows: Section 64.604 Mandatory minimum standards. * * * * * Xx(c) ***(# Xx(4) * * *(# Xx(iii) * * *(#  X-x(I) Information filed with the administrator. The administrator shall keep all data obtained from contributors and TRS providers confidential and shall not disclose such data in companyspecific form unless directed to do so by the Commission. The administrator shall not use such data except for purposes of administering the TRS Fund, enabling the universal service Administrator to verify revenue information provided by contributors to the universal service support mechanisms, calculating the regulatory fees of interstate common carriers, and aggregating such fee payments for submission to the Commission. The Commission shall have access to all data reported to the administrator, and authority to audit TRS providers. * * * * * xPart 54 of Title 47 of the Code of Federal Regulations is proposed to be amended as follows:  X~-  PART 54 UNIVERSAL SERVICE ă Section 54.711 is amended by revising paragraph (b) to read as follows: Section 54.711 Contributor reporting requirements. * * * * * (b) The Commission shall have access to all data reported to the Administrator, Schools and Libraries Corporation, and Rural Health Care Corporation. Contributors may make requests for Commission nondisclosure of companyspecific information under  0.459 at the time that the subject data are submitted to the Administrator. The Commission shall make all decisions regarding nondisclosure of companyspecific information. The Administrator, Schools and Libraries Corporation, and Rural Health Care Corporation shall keep confidential all data obtained from contributors, including all data obtained from the Administrator of the Telecommunications Relay Service Fund, shall not use such data except for purposes of administering the universal service support programs, and shall not disclose such data in companyspecific form unless directed to do so by the Commission.