FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011

Commission's rules is appropriate only if both (i) special circumstances warrant a deviation from the
general rule, and (ii) such deviation will serve the public interest.'6
6. USAC processes a tremendous amount of data each year. It is, therefore, administratively
necessary to require carriers to meet the filing deadlines absent special circumstances.'7 Although our
rules require that filings be received by the applicable deadline, we conclude that Ringsted has
demonstrated that, in these special circumstances, there is good cause to waive the filing deadline.
7. Specifically, we conclude that a waiver is warranted because Ringsted promptly filed the
required data. In instances where carriers have filed the required data or certifications shortly after filing
deadlines, the Commission has waived its rules.'8 By making the required filing one day after the
deadline, Ringsted promptly remedied the problem.
8. Ringsted states that it has revised its internal measures to ensure that it meets future
deadlines." In granting previous waiver requests, we have found that carriers must comply with their
commitments to revise their internal procedures to ensure that their filings will be accurately and timely
submitted.20 Similarly, we rely on Ringsted to fulfill its commitments to adhere to its revised filing
procedures.
'6 NetworklP, 548 F.3d at 125-128; Northeast Cellular, 897 F.2d at 1166.
7 FiberNet, LLC, Petition for Waiver of Section 54.307(c) of the Commission 's Rules and Regulations, CC Docket
No. 96-45. Order, 19 FCC Rcd 8202, 8204, para. 5 (Wireline Comp. Bur. 2004). It is the responsibility of ETCs to
familiarize themselves with any applicable regulations, and to ensure that filings are timely received. See 47 C.F.R.
0.406. See also Citizens Communications and Frontier Communications Petition for Waiver of Section 54.802(a)
of the Commission's Rules, CC Docket No. 96-45, Order, 20 FCC Rcd 16761, 16763, para. 7 (Wireline Comp. Bur.
2005) (Citizens/Frontier Order).
Is See, e.g.. Citizens/Frontier Order, 20 FCC Red at 16764. para. 9 (waiving filing deadline when the filing was
submitted two business days after the deadline); FiberNet, LLC Petition for Waiver of FCC Rule Section
54.307(c)(4), CC Docket No. 96-45, Order, 20 FCC Red 20316, 20317, para. 6 (Wireline Comp. Bur. 2005)
(waiving filing deadline when the filing was submitted five days after the deadline); Northwest Dakota Cellular of
North Dakota Limited Partnership; North Central RSA 2 of North Dakota Limited Partnership; North Dakota RSA
No. 3 Limited Partnership; Badlands Cellular of North Dakota Limited Partnership; North Dakota 5-Kidder
Limited Partnership; and Bismarck MSA Limited Partnership Petition for Waiver of Section 54.307 of the
Commission's Rules, CC Docket No. 96-45, Order. 21 FCC Rcd 9179, 9181, para. 7 (Wireline Comp. Bur. 2006)
(waiving filing deadline when the filing was submitted one day after the deadline): Verizon Communnications Inc.
Petition for Waiver of Section 54.802(a) of the Commission's Rules, Order, 21 FCC Rcd 10155, at 10157, para. 9
(Wireline Comp. Bur. 2006) (Verizon Order) (waiving a filing deadline when the filing was submitted two business
days after the deadline); AT& T Communications of NY & AT& T Commntications of California Petition for Waiver
of Section 54.802(a) of the Commission 's Rules, CC Docket No. 96-45, Order, 22 FCC Red 953, at 954, para. 4
(Wireline Comp. Bur. 2007) (AT&T Order) (waiving filing deadline when the filing was submitted two business
days after the deadline); NPCR, hic. Petition for Waiver of Section 54.802(a) of the Commission's Rules, CC Docket
No. 96-45. Order, 22 FCC Rcd 560 (Wireline Comp. Bur. 2007) (NPCR Order) (waiving filing deadline when the
filing was submitted one business day after the deadline); Benton/Linn Wireless, LLC, Petition for Waiver of Section
54.307(c) of the Commission's Rules, et al., CC Docket No. 96-45, Order, 20 FCC Rcd 19212, 19220, para. 10
(Wireline Comp. Bur. 2005).
'9 Petition at 4-5.
20 See, e.g., Citizens/Frontier Order. 20 FCC Rcd at 16764, para. 10; Verizon Ordes; 21 FCC Rcd at 10158, para.
10; A T&T Order, 22 FCC Rcd at 954, para. 5; NPCR Order, 22 FCC Rcd at 563, para. 9.

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Federal Communications Commission

United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52169/. Accessed July 12, 2014.