FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 6,638
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4. Section 251(b)(2) of the Act establishes that every telecommunications carrier has a duty to
provide local number portability in accordance with requirements established by the Commission.5
Section 251 (e)(2) of the Act requires, in pertinent part, that "[t]he cost of establishing ... number
portability shall be borne by all telecommunications carriers on a competitively neutral basis as
determined by the Commission." In implementing this statutory directive, the Commission adopted
Section 52.32 of its rules, which requires, among other things, that all telecommunications carriers
contribute to the costs of local number portability on the basis of their end-user telecommunications
revenues for the prior calendar year."
5. Pursuant to Section 1.1151 of the Commission's rules, providers of interstate
telecommunications services and other providers must pay regulatory fees to the Commission to cover the
costs of certain regulatory activities.'" In particular, Sections 1.1154 and 1.1157(b)(1) of the
Commission's rules require that interstate telecommunications carriers pay regulatory fees on the basis of
their interstate and international end-user revenues.'9 Such fees must be paid on an annual basis,20 and
failure to do so subjects a carrier to late payment penalties, as well as to possible revocation of its
operating authority.?' Further, under its "red light rule," the Commission withholds action on applications
or requests for benefits from any entity that has failed to timely meet its USF, TRS, NANP, and LNP
contribution obligations or to pay its regulatory fees when due, and ultimately dismisses such applications
or other requests if the delinquencies are not resolved.2
6. The Commission has established specific procedures for the administration of the USF,
numbering, LNP, regulatory fee, and other associated federal regulatory programs. The procedures
include the requirement that each telecommunications provider file accurate company-specific revenue
data on FCC Form 499-A annually." With certain exceptions, interstate telecommunications providers
also must file good faith estimates of their projected revenue on Form 499-Q.24 The numbering program
and LNP administrators and the Commission use the data reported on Form 499-A to determine and bill
for the telecommunications provider's LNP administration, numbering administration, and regulatory fee
payment obligations, and USAC uses that data as well as the data reported on Form 499-Q to determine
"5 47 U.S.C. 251(b)(2).
16 d. 251(e)(2).
"1 47 C.F.R. 52.32.
1 Section 9(a)(1) of the Act directs the Commission to "assess and collect regulatory fees to recover the costs of the
following regulatory activities of the Commission: enforcement activities, policy and rulemaking activities, user
information services, and international activities." 47 U.S.C. 159(a)(1); see also 47 C.F.R. 1.1151.
'9 47 C.F.R. 1.1154. 1.1157(b)(1).
20 Id. 1.1157(b)(1). Section 1.1 154 of the Commission's rules sets forth the schedule of annual regulatory charges
and filing locations for common carrier services. See 47 C.F.R. 1.1154.
2' See 47 U.S.C. 159(c)(1), (c)(3).
2247 C.F.R. 1.1910. The "red light nrule" took effect on November 1, 2004. See FCC Announces BriefDelay in
Enforcement of Red Light Rule, Public Notice, 19 FCC Rcd 19452 (2004).
23 See 47 C.F.R. 54.711(a); see also, e.g., FCC Form 499-A Telecommunications Reporting Worksheet - Annual
Filing. available at http://transition.fcc.gov/Fos/rms/Form499-A499a-20 12.pdf (last visited May 15, 2012).
' See 47 C.F.R. 54.71 1(a); Quarterly Reporting Order, 16 FCC Red at 5755, para. 19; see also FCC Form 499-Q
Telecommunications Reporting Worksheet - Quarterly Filing for Universal Service Contributors, mailable at
http://www.fcc.gov/Forms/Form499-Q/499q-2012.pdf (last visited May 15, 2012).6638
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FCC 12-62
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc111171/m1/981/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.