Reminder: FCC Filings Due May 1, 2013

Please be reminded of the upcoming due dates for the Reports listed below:

Form 499-Q Quarterly Telecommunications Reporting Worksheet

Carriers required to contribute to universal service support mechanisms must report their actual and projected end user and wholesale revenues for each calendar quarter by filing the Form 499-Q on a quarterly basis. The Form 499-Q filing reporting historical revenues for first quarter 2013 and projected revenues for third quarter 2013 is due to USAC by May 1, 2013.

Revisions to 499-Q filings are due within 45 calendar days of the original filing date.

Reminder - Reseller Certifications: Filers that provide wholesale telecommunications to reseller customers will be exempted from contributing to the Universal Service Fund (the ​“Fund”) on revenues from those customers if the filer meets certain requirements. These wholesale provider filers must have ​“affirmative knowledge” or a ​“reasonable expectation” that their reseller customers will contribute to the Fund on revenues from the wholesale services obtained from the filer. Resellers are defined as entities that (1) purchase telecommunications and incorporate the telecommunications into their own service offerings and (2) can reasonably be expected to contribute to the Fund based on the revenues derived from those service offerings.

Through 2013, a filer can demonstrate ​“reasonable expectation” by following the guidance in the 2012 Form 499-A Instructions which direct filers to obtain, on an annual basis, reseller certifications containing specific certification language from their reseller customers and maintain the filer 499 ID; legal name; address; name of a contact person and phone number of the contact person for each of its reseller customers. The sample certification language in the 2012 Form 499-A Instructions is as follows:

I certify under penalty of perjury that the company is purchasing service for resale in the form of U.S. telecommunications or interconnected Voice over Internet Protocol service. I also certify under penalty of perjury that either the company contributes directly to the federal universal support mechanisms, or that each entity to which the company provides resold telecommunications is itself an FCC Form 499 worksheet filer and a direct contributor to the federal universal service support mechanisms.

For calendar year 2013, filers may rely on the certification language above but still must confirm that the filers’ reseller customers are contributors to the Fund. Alternatively, filers may rely on ​“other reliable proof” such as reseller certifications that contain different wording than that contained in the 499-A Instructions or other ​“clear and convincing evidence” supporting the filer’s reasonable expectation regarding its reseller customers. USAC reviews of ​“other reliable proof” will be conducted on a case-by-case basis.

Section 64.1900 Geographic Rate Averaging Certification

Each non-dominant provider of de-tariffed interstate, domestic, interexchange services must certify that it provides such service in compliance with its geographic rate average and rate integration obligations pursuant to section 254(g) of the Communications Act. The Certification must be signed by an officer of the company and is due to the FCC by May 1, 2013.

Please be advised that attorneys in Kelley Drye & Warren’s Communications practice group are experienced in addressing Federal Communications Commission reporting issues and are able to assist clients in filing the reports. They are also experienced in addressing universal service filing and carrier contribution issues and are available to assist clients with determining how to report their revenues for universal service purposes. For further information on any of these filings, please contact your usual Kelley Drye attorney or any member of the Communications practice group. For more information on the Communications practice group, please click here.