FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 5,235
The following text was automatically extracted from the image on this page using optical character recognition software:
5. We find that petitioners have failed to demonstrate that there is good cause to grant their
requests for waiver of the Commission's rules.'5 Generally, the Commission's rules may be waived if
good cause is shown.'6 The Commission may exercise its discretion to waive a rule where the particular
facts make strict compliance inconsistent with the public interest." In addition, the Commission may take
into account considerations of hardship, equity, or more effective implementation of overall policy on an
individual basis.'8 Waiver of the 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."9 As we
have noted previously, because USAC processes such a large amount of data each year, it is necessary
that carriers meet the requisite filing deadlines, absent special circumstances.20 Carriers are responsible
for reviewing and understanding the rules to ensure that submissions are filed in a timely manner.2'
6. Petitioners contend that they should be excused from the requirement that they file line
counts within 60 days of the effective date of their designations because they had "no way of knowing"
that the Georgia PSC would set April 26, 2010 as the effective date until the PSC voted to grant the
designation on September 21, 2010.22 We disagree. Petitioners expressly requested that the Georgia PSC
set April 26, 2010 as the effective date for their designations.23 Thus, petitioners were clearly on notice
that the Georgia PSC might select that date as the effective date. Petitioners' assertion that in prior
waiver orders we have stated that carriers are not necessarily required to file line counts in anticipation of
their designation is unavailing on this point.24 Petitioners rely on a case that predates the adoption of the
60-day grace period for newly designated carriers to make their filings following designation. The 60-day
grace period embodies the principle petitioners cite: Under our rules, petitioners were not required to file
prior to the effective date of their designation. Petitioners were, however, required to file within 60 days
of the effective date. As we explained in the context of another carrier similarly seeking a waiver to
obtain retroactive support, "the Commission found that the adoption of the 60-day period would
'eliminate the need for carriers to seek waiver of filing deadline rules in order to receive support on a
timely basis.""' In this regard, we note that petitioners have failed to show that they were unable to make
1- Even assuming arguendo that a state commission may designate a carrier retroactively, petitioners here still
require a waiver to obtain support as of the date the Georgia PSC set as the effective date of their designations.
Therefore, we need not and do not decide the effect of a state commission order designating a carrier as an ETC on a
16 47 C.F.R. 1.3.
" Northeast Cellular Telephone Co. v FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular).
18 WAITRadio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969): Northeast Cellular, 897 F.2d at 1166.
9 NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.
o0 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).
21See Allied Wireless Petition at d; Georgia RSA #8 Petition at 4.
22 See Allied Wireless Petition, Ex. I at 5; Georgia RSA #8 Petition, Ex. I at 5.
24 See Letter from Jeffrey C. Humiston, Vice President and General Counsel, Allied Wireless, to Marlene H. Dortch,
Secretary, FCC, WC Docket No. 08-71, at 7 (filed Feb. 4, 2011) (Petitioners' Feb. 4 ex parte) (citing Federal-State
Joint Board on Universal Service, Grande Communications, Inc. Petition for Waiver of Sections 54.307 and 54.3 14
of the Commission's Rules and Regulations, CC Docket No. 96-45, Order, 19 FCC Red 15580, 15585, para. 11
(Wireline Comp. Bur. 2004)).
'5 See Petition for Waiver of Universal Service High-Cost Filing Deadlines, Federal-State Joint Board on Universal
Service, Centennial USVI Operations Corp. Petition for Waiver of Section 54.314(d) (1) of the Commission 's Rules,
Federal Communications Commission
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/407/: accessed February 23, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.