Reminder: FCC Filings Due April 1, 2014

Kelley Drye Client Advisory

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

Form 499-A Annual Telecommunications Reporting Worksheet
All intrastate, interstate and international providers of telecommunications within the United States, including interconnected VoIP providers, telecommunications providers that provide telecommunications on a non-common carrier basis, and payphone providers that are aggregators, are required to file FCC Form 499-A with the Universal Service Administrative Company (“USAC”) each year with limited exceptions.  Non-interconnected VoIP providers with interstate end-user revenues subject to Telecommunications Relay Service (“TRS”) contributions must file the Form 499-A to report the revenues.

The Form 499-A is used to determine a company’s required contribution to the Universal Service Fund (“USF”), as well as to the Local Number Portability Administration (“LNPA”), North American Numbering Plan Administration (“NANPA”) and TRS funds, and is the basis for a carrier’s FCC regulatory fee. For new providers, the Form 499-A also serves as a carrier’s FCC registration.  The Form 499-A reporting 2013 revenues is due to USAC by April 1, 2014.  (The FCC registration is due upon the provision of service and can be filed at any time.)

Any revisions to a filer’s 2013 Form 499-A (reporting 2012 revenues) which effect a reduction in the filer’s USF obligations are due by March 31, 2014.

Accessibility Recordkeeping Compliance and Contact Information Reporting Requirement
Telecommunications service providers, providers of advanced communications services (“ACS”), interconnected VoIP providers (collectively, service providers”) and equipment manufacturers subject to sections 255, 716, 717 and 718 of the Twenty-First Century Communications and Video Accessibility Act (“CVAA”) are required to comply, subject to certain exceptions, with recordkeeping requirements to demonstrate that services and equipment are accessible by individuals with disabilities.  Sections 716-718 of the CVAA and the rules implementing those sections detail these accessibility requirements.

Service providers and equipment manufacturers must submit a certification that records are being kept in accordance with the rules.  The certification must state that the service provider or manufacturer has established operating procedures to ensure compliance with the recordkeeping requirements and that records are being kept accordingly.  The certification must be supported with an affidavit or declaration, executed under penalty of perjury, by an authorized officer with personal knowledge of the representations in the certification, verifying the truth and accuracy of the certification.  The certification also must include contact information for the person(s) responsible for resolving consumer complaints and the agent designated for service of formal and informal complaints.

The certification must be submitted by April 1, 2014, utilizing the Federal Communications Commission’s online filing system which can be found at https://​apps​.fcc​.gov/​r​c​c​c​i​-​r​e​g​i​s​t​r​y​/​l​o​g​i​n​!​i​n​p​u​t​.​a​ction.

Please be advised that attorneys in Kelley Drye & Warren’s Communications Practice Group are 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, as well as with the filing of FCC Form 499-A. The Communications Practice Group also can assist in submission of the accessibility recordkeeping certification requirement.  For more information regarding this client advisory, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group.