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Bureau Seeks Comment on Smart City Telecom Petition

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Released: April 4, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-612

Release Date: April 4, 2013




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: April 15, 2013

The Wireline Competition Bureau (Bureau) seeks comment on a petition for waiver of 47 C.F.R.
section 51.917(b)(7)(ii) filed by Smart City Telecommunications LLC d/b/a Smart City Telecom (Smart
City) on March 27, 2013.1
In its Petition, Smart City seeks “a limited waiver of 47 C.F.R. Section 51.917(b)(7)(ii)…[to]
allow Smart City Telecom to include in its FY 2011 Base Period Revenues amounts…that should have
been billed and collected by March 31, 2012 but were not due to a billing dispute that occurred during”
FY 2011.2 Smart City states that the company excluded disputed amounts when it calculated the FY 2011
Base Period Revenue.3 Subsequently, the company settled the dispute and received payment after the
March 31, 2012 collection deadline.4
Smart City argues that the requested waiver is justified because the overall purpose of the waiver
process described in footnote 1745 of the USF/ICC Transformation Order5 is “… to allow a company to
include revenues associated with FY 2011 that were billed and collected to be included in the Baseline
when those revenues were collected after March 31, 2012.”6

1 Petition of Smart City Telecommunications LLC d/b/a Smart City Telecom for Limited Waiver of
47 C.F.R. § 51.917(b), 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 March 27, 2013) (Smart City Petition).
2 Id. at 1-2.
3 Id.
4 Id. at 3-4.
5 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 at 17982 (2011) (USF/ICC Transformation Order), pets. for review pending sub nom. In
re: FCC 11-161
, No. 11-9900 (10th Cir. filed Dec. 8, 2011).
6 Smart City Petition at 5.

Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 C.F.R. §§ 1.415, 1.419,
interested parties may file comments on or before the date indicated on the first page of this document.
Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See
Electronic Filing of Documents in Rulemaking Proceedings
, 63 FR 24121 (1998).

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 e-mail 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 Gregory Haledjian, Federal
Communications Commission, Wireline Competition Bureau, Pricing Policy Division, 445 12th Street,
SW, Room 5A-104, Washington, D.C. 20554, or via e-mail 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
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

7 47 C.F.R. §§ 1.1200 et seq.

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 Gregory Haledjian, Wireline Competition Bureau, Pricing
Policy Division, at (202) 418-1520 or via e-mail at
- FCC -

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