[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74010-74013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29963]
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FEDERAL COMMUNICATIONS COMMISSION
[WC Docket No. 06-122; DA 12-1872]
Proposed Changes to FCC Form 499-A, FCC Form 499-Q, and
Accompanying Instructions
AGENCY: Federal Communications Commission.
ACTION: Notice; solicitation of comments.
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SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
seeks comment on proposed revisions to the annual Telecommunications
Reporting Worksheet, FCC Form 499-A (Form 499-A) and accompanying
instructions (Form 499-A Instructions) to be used in 2013 to report
2012 revenues, and the quarterly Telecommunications Reporting
Worksheet, FCC Form 499-Q (Form 499-Q) and accompanying instructions
(Form 499-Q Instructions) to be used in 2013 to report projected
collected revenues on a quarterly basis.
DATES: Comments are due on or before January 11, 2013.
ADDRESSES: Interested parties may file comments on or before January
11,
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2013. All pleadings are to reference WC Docket No. 06-122. Comments may
be filed using the Commission's Electronic Comment Filing System (ECFS)
or by filing paper copies, by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing.
People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (tty).
FOR FURTHER INFORMATION CONTACT: Ernesto Beckford, Wireline Competition
Bureau at (202) 418-7400 or TTY (202) 418-0484.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Wireline
Competition Bureau's Public Notice in WC Docket No. 06-122; DA 12-1872,
released November 23, 2012. The complete text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Information Center, Portals II, 445 12th Street SW.,
Room CY-A257, Washington, DC 20554. The document may also be purchased
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554,
telephone (800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898,
or via the Internet at http://www.bcpiweb.com.
I. Synopsis of Public Notice
1. In order to promote clarity, transparency and predictability,
the Wireline Competition Bureau (Bureau) seeks comment on proposed
revisions to (1) the annual Telecommunications Reporting Worksheet, FCC
Form 499-A (Form 499-A) and accompanying instructions (Form 499-A
Instructions) to be used in 2013 to report 2012 revenues, and (2) the
quarterly Telecommunications Reporting Worksheet, FCC Form 499-Q (Form
499-Q) and accompanying instructions (Form 499-Q Instructions) to be
used in 2013 to report projected collected revenues on a quarterly
basis. The revisions to the forms and instructions are attached to the
Public Notice in redline format, showing proposed changes from the
forms and instructions currently in effect. The redlines may be viewed
on the Commission's Web site, as follows: Form 499-A, available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1872A2.pdf;
Form 499-A Instructions, available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1872A3.pdf; Form 499-Q, available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1872A4.pdf; and Form
499-Q Instructions available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1872A5.pdf.
II. Discussion
The proposed revisions include the following modifications:
2. Stylistic Changes. In several instances, wording in the
instructions was revised for clarification purposes, without changing
the substance.
3. Date Changes. Dates were updated throughout. References to
``2012'' were changed to ``2013,'' and references to ``2011'' were
changed to ``2012.''
4. Web Pages. Hyperlinks were revised as appropriate throughout the
Form 499-A Instructions and the Form 499-Q Instructions.
5. Estimation Factor. Appendix A of the Form 499-A Instructions (at
Line 10) and Figure 1 of the Form 499-Q Instructions (at Line 16)
contain the estimation factor to be used by filers to determine de
minimis status. The estimation factor for 2013 is 0.162.
6. Charges Allowed by USF/ICC Transformation Order. In the USF/ICC
Transformation Order (26 FCC Rcd 17663), the Commission allowed
incumbent local exchange carriers (LECs) to charge an access recovery
charge (ARC) on wireline telephone service to partially offset
intercarrier compensation revenue declines resulting from the
transition of certain switched access rates adopted as part of the
comprehensive intercarrier compensation reform. The Form 499-A
Instructions were revised at page 17 (Line 405) to list the ARC as a
type of charge to end users (specified in access tariffs) reportable
under Line 405. Similarly, the USF/ICC Transformation Order allows per-
minute charges for originating or terminating voice over Internet
Protocol (VoIP)/public switched telephone traffic. The Form 499-A
Instructions were revised at page 16 (Line 304) to list such charges as
a type of per-minute originating and terminating charge reportable on
Line 304.
7. Filing Schedule. Table 1 of the Form 499-A Instructions and
Figure 2 of the Form 499-Q Instructions were revised to clarify the
filing addresses for Form 499-A, Form 499-Q, Traffic Studies, and the
Consolidated Filer Certification. Form 499-Q (Line 113) was revised to
allow filers to check the applicable quarter for which the form is
being filed.
8. Mergers. Pages 9 and 14 of the Form 499-A Instructions were
revised to clarify the procedures for successor companies to report the
revenues of acquired entities.
9. Holding Company and Affiliates. Form 499-A (Line 106.1), Form
499-Q (Line 105), page 11 of the Form 499-A Instructions, and page 11
of the Form 499-Q Instructions were revised to include a checkbox for
filers to indicate whether they have affiliates. Affiliates should list
the same holding company on Form 499-A and Form 499-Q. Form 499-Q (Line
105.1) was revised to include the Internal Revenue Service (IRS)
employer identification number (EIN) for the filer's holding company.
10. Definition of Affiliate. The definition of the term affiliate
is added on pages 10-11 of the Form 499-A Instructions and page 10 of
the Form 499-Q Instructions. This definition is the same as the
definition contained in Appendix A of the Form 499-A Instructions and
Figure 1 of the Form 499-Q Instructions.
11. Ink Signature Requirement. Page 19 of the Form 499-A
Instructions and page 19 of the Form 499-Q Instructions were revised to
clarify that an original ink signature is required from an officer when
he or she first files a form. Subsequent forms signed by the same
officer may be signed electronically.
12. Subscriber Line Charges and Exchange Access Service. In order
to better reflect Commission precedent and rules, we are deleting the
following language from the discussion of Line 404 in the Form 499-A
Instructions: ``Note that federal subscriber line charges typically
represent the interstate portion of fixed local exchange service; these
amounts are separate from toll revenues and correspond to the revenues
received by incumbent telephone companies to recover part of the cost
of networks that allow customers to originate and terminate interstate
calls. Filers without subscriber line charge revenue must identify the
interstate portion of fixed local exchange service revenues in column
(d) of the appropriate line 404.1.'' We consolidated on page 17 of the
Form 499-A Instructions the description of what federal subscriber line
charges (SLCs) are and added language clarifying that carriers that
elect to charge end users for the
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provision of interstate exchange access service through a separately
stated charge (e.g., a SLC) should report such revenues on Line 405.
Conforming changes were made at page 14 of the Form 499-Q Instructions.
13. Special Access on Common Carrier Basis. Page 18 of the Form
499-A Instructions were revised to remind filers that they should
report, on Line 406, revenues derived from the sale of special access
on a common carrier basis to providers of retail broadband Internet
access service.
14. Definition of ``Toll Services'' for Wireless Providers. Pages
19-20 of the Form 499-A Instructions were revised to include a cross
reference to Commission orders defining ``toll services'' for wireless
providers.
15. Carrier's Carrier Revenues. Pages 22-23 of the Form 499-A
Instructions were revised to provide additional examples of
intercarrier compensation that should be reported in Block 3 (carrier's
carrier revenues) and not in Block 4 (end user revenues).
16. Traffic Studies. Page 28 of the Form 499-A Instructions and
page 16 of the Form 499-Q Instructions were revised to include format
headings to be used when filing traffic studies, to assist in
administrative processing. These headings are intended to help identify
each filer submitting traffic studies in order to properly match the
traffic study with such filer's Form 499-A and Form 499-Q filings.
17. Consistency in Traffic Study or Safe Harbor Elections. Page 27
of the Form 499-A Instructions and pages 15-17 of the Form 499-Q
Instructions were revised to clarify the requirement that the same
election made by a filer on its Form 499-Q filings to use either a safe
harbor or traffic studies to project revenues for a particular quarter
must be used on the filer's Form 499-A for reporting historical
revenues for that particular quarter. Form 499-Q (Line 114) was revised
to include a check box when filers use safe harbors for reporting
revenue allocations.
18. Percentage of Revenues Billed Per Region. Lines 503 through 510
of Form 499-A currently require filers to report the percentage of
telecommunications revenues billed by LNPA region. Page 30 of the Form
499-A Instructions was revised to clarify that filers may use customer
billing addresses to calculate or estimate this percentage.
19. ``Reseller'' Sample Certification Language. Consistent with the
recently adopted 2012 Wholesaler-Reseller Clarification Order (FCC 12-
134), pages 22-25 of the Form 499-A Instructions and pages 11-12 of the
Form 499-Q Instructions were revised to clarify that providers may rely
on reseller certificates that are consistent with the sample language
contained in the 2012 FCC Forms 499 instructions, and included herein
for illustrative purposes, through December 31, 2013. The Instructions
were also revised to delete the suggested procedure to check the
Commission's Web site to ascertain whether a carrier customer is a
contributor to the USF, because such action, by itself, is insufficient
to satisfy the reasonable expectation standard. Pages 24-25 of the Form
499-A Instructions were revised to include new sample certification
language that providers may utilize to satisfy the reasonable
expectation standard, pending adoption of any rule changes in the
pending universal service contribution reform rulemaking.
20. Deleted Language.
Rounding Percentages. Page 10 of the Form 499-A
Instructions was revised to delete instructions requiring revenues to
be rounded to the nearest whole percent. Revenues should not be rounded
to whole numbers. This is consistent with the safe harbors for
interstate/intrastate revenues, which are not whole numbers.
Revenues from Affiliates. In order to better reflect
Commission precedent and rules, page 14 of the Form 499-A Instructions
was revised to delete the following language: ``Gross billed revenues
also do not include revenues (imputed or otherwise) for services
provided to the filer itself or from one wholly owned affiliate to
another unless: (1) the filer is required to record such revenues for
some other federal or state regulatory purpose; or (2) the filer is
providing service to an affiliate for resale and the affiliate is not a
direct universal service contributor.'' Similar language was deleted
from page 13 of the Form 499-Q Instructions.
21. Paperwork Reduction Act of 1995. This document does not contain
new or modified information collection(s) subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore,
it does not contain any new or modified information burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
22. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or
before the dates indicated on the first page of this document. All
pleadings are to reference WC Docket No. 06-122. Comments may be filed
using: (1) the Commission's Electronic Comment Filing System (ECFS), or
(2) by filing paper copies. All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications
Commission.
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.
Filers should follow the instructions provided on the Web site for
submitting comments.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. 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 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 20743.
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 email to [email protected] or
call the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432
Additional copies. One copy of each filing must be sent to each of
the following:
The Commission's duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC
20554, www.bcpiweb.com; phone: (202) 488-5300 fax: (202) 488-5563;
Ernesto Beckford, Telecommunications Access Policy
Division, Wireline Competition Bureau, 445 12th Street SW., Room 5-
A317, Washington, DC 20554; email: [email protected] and
Charles Tyler, Telecommunications Access Policy Division,
Wireline Competition Bureau, 445 12th Street SW., Room 5-A452,
Washington, DC 20554; email: [email protected].
[[Page 74013]]
23. Filings and comments are also available for public inspection
and copying during regular business hours at the FCC Reference
Information Center, Portals II, 445 12th Street SW., Room CY-A257,
Washington, DC 20554. They may also be purchased from the Commission's
duplicating contractor, Best Copy and Printing, Inc., Portals II, 445
12th Street SW., Room CY-B402, Washington, DC 20554, telephone: (202)
488-5300, fax: (202) 488-5563, or via email www.bcpiweb.com.
24. The proceeding this Notice initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. 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 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 parte rules.
Federal Communications Commission.
Trent B. Harkrader,
Division Chief, Telecommunications Access Policy Division, Wireline
Competition Bureau.
[FR Doc. 2012-29963 Filed 12-11-12; 8:45 am]
BILLING CODE 6712-01-P