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Bureau Seeks Comment on Emery Telecom Petition for Limited Waiver

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Released: November 9, 2012


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-1808

Release Date: November 9, 2012





CC Docket Nos. 01-92, 96-45; GN Docket No. 09-51; WC Docket Nos. 03-109, 05-337, 07-135, 10-90;

WT Docket No. 10-208

Comment Date: December 10, 2012
Reply Comment Date: December 26, 2012

The Wireline Competition Bureau (Bureau) seeks comment on a petition filed on October 26,
2012 by Emery Telcom (Emery).1 In its Petition, Emery seeks “A waiver … to permit [it] to include
within its Base Period Revenues amounts received after March 3, 2012.”2 Emery also seeks “waiver of
the Commission’s USF/ICC Order at footnote 1745, as necessary, which allows carriers to seek a waiver
of the March 31, 2012 cut-off date if revenues are recovered after that date as a result of ‘the decision of a
court or regulatory agency of competent jurisdiction.’”3 Emery contends that the requested waivers are
warranted because, as a result of a “billing system configuration error,” a “significant portion” of its
Fiscal Year 2011 intrastate access revenue was received after March 31, 2012, therefore its Fiscal Year
2011 Base Period Revenue is “significantly and unrealistically low,” limiting its eligible Connect
America Fund intercarrier compensation recovery.4

Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file
comments and reply comments on or before the dates indicated on the first page of this document.5 All
pleadings are to reference

CC Docket Nos. 01-92, 96-45, GN Docket No. 09-51, WC Docket Nos. 03-

1 Emery Telcom Petition for Limited Waiver of 47 C.F.R. 51.917(c)(ii), CC Docket Nos. 01-92, 96-45, GN Docket
No. 09-51, WC Docket Nos. 03-109, 05-337, 07-135, 10-90, WT Docket No. 10-208 (filed Oct. 26, 2012) (Petition).
In its Petition, Emery seeks waiver of section 51.917(c)(ii) of the Commission’s rules. Petition at 1. This rule
section was adopted in the USF/ICC Transformation Order as 47 C.F.R. § 51.917(c)(ii), but, due to a clerical error,
was codified in the Code of Federal Regulations as 47 C.F.R. § 51.917(b)(7)(ii). See Connect America Fund et al.,
WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663,
18191-92, app. A (2011) (USF/ICC Transformation Order); compare 47 C.F.R § 51.917(b)(7)(ii). The Bureau is
taking steps to address this error.
2 Petition at 1.
3 Id. at 1-2.
4 Id. at 2, 5.
5 47 C.F.R. §§ 1.415, 1.419.

109, 05-337, 07-135, 10-90, WT Docket No. 10-208. Comments may be filed using the Commission’s
Electronic Comment Filing System (ECFS).6
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be
delivered to FCC Headquarters at 445 12th Street, 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
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must
be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street,
SW, Washington D.C. 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an email to or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (tty).
In addition, one copy of each pleading must be sent to Christopher S. Koves, Federal
Communications Commission, Wireline Competition Bureau, Pricing Policy Division, 445 12th Street,
SW, Room 6-A236, Washington, D.C. 20554, or via email at
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.7 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or

6 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
7 47 C.F.R. §§ 1.1200 et seq.

other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
For further information, please contact Christopher S. Koves, Wireline Competition Bureau,
Pricing Policy Division, at (202) 418-1520 or via email at
- FCC -

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