FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,913

Federal Communications Commission

3. Section 54.307(c) of the Commission's rules provides that a competitive ETC must file
working line count data with the Universal Service Administrative Company (USAC) on a quarterly basis
to receive certain high-cost support.s Mandatory line count data are due on March 30, July 31, September
30, and December 30 of each year.6
4. Ringsted's Petition for Waiver. On October 28, 2010, Ringsted requested a waiver of the
March 30, 2010, line count filing deadline required by section 54.307(c) of the Commissibn's rules.7 The
company states that it filed - and USAC received - its line count data on March 31, 2010. Ringsted states
that it thought that the filing deadline was March 31, 2010 due to a typing error in the instructions
provided by its consultant.' The company has made subsequent filings before the deadlines.9 In addition,
the company states that it, and its parent company Ringsted Telephone Company, have never missed a
universal service filing deadline before.' The company notes that it has taken steps with its consultant to
ensure future compliance with filing requirements. These procedures include using USAC's "e-filing"
system, calendar reminders before the deadlines, and having multiple people in both organizations to
ensure timely submission of required data." The Wireline Competition Bureau sought comment on the
petition on November 8, 2010, and no comments were filed in opposition to the petition.12
5. We conclude that Ringsted has demonstrated that there is good cause to grant the requested
waiver. Generally, the Commission's rules may be waived if good cause is shown." The Commission
may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent
with the public interest.14 In addition, the Commission may take into account considerations of hardship,
equity, or more effective implementation of overall policy on an individual basis.'s Waiver of the
(Continued from previous page)
count filing requirements for Interstate Access Support (IAS)), 54.809 (carrier certification requirements regarding
the use oflAS), 54.903 (data filing requirements for ICLS), 54.904 (carrier certification requirements regarding the
use of ICLS).
s See 47 C.F.R. 54.307. USAC uses line count data filed in March to calculate third quarter support for the current
calendar year, line count data filed in July to calculate fourth quarter support for the current calendar year, line count
data filed in September to calculate first quarter support for the following calendar year, and line count data filed in
December to calculate second quarter support for the following calendar year.
7 Petition at 1; 47 C.F.R. 54.307(c).
8 Petition at 2.
9 Id. at 2.
'o Id. at 3, 4.
" Id. at 4-5.
12 See Comment Sought on the Ringsted Communications Company Petition For Waiver of a Universal Service
High-Cost Filing Deadline, WC Docket No. 08-71, Public Notice, 25 FCC Rcd 15880 (Wireline Comp. Bur. 2010).
" 47 C.F.R. 1.3. NetworklP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008) (NetworkP); Northeast
Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular).
' Northeast Cellular, 897 F.2d at 1166.
's WAITRadio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.


DA 11-561

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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/m1/85/ocr/: accessed July 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.