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WCB Seeks Request for Five9's

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Released: March 22, 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 13-539

Release Date: March 22, 2013



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
Electronic Filers: 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.
3 Id. at 10-11.
4 Id. at 11.
5 47 C.F.R. §§ 1.415, 1.419.
6 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1999).

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 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 or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

Additional Copies.

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:; and
Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445
12th Street, S.W., Room 5-A452, Washington, D.C. 20554; e-mail:

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 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
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

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