**DA 08-1855**

**COMMENT SOUGHT ON IDT CORPORATION AND IDT TELECOM REQUEST FOR REVIEW
OF A DECISION BY THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY**

**WC Docket No. 06-122**

**Release Date: August, 6, 2008**

**Comment Date: September 5, 2008**

**Reply Comment Date: September 22, 2008**

On June 30, 2008, IDT Corporation and IDT Telecom (collectively IDT)
filed a request seeking review and reversal of an audit by the Universal
Service Administrative Company (USAC), in which USAC found that IDT had
understated its end-user telecommunications revenue associated with its
prepaid calling card line of business.[^1] In its request, IDT alleges
that the findings in USAC's audit report are based on instructions to
the FCC Form 499-A that are invalid as a matter of law because, IDT
asserts, they were not adopted in accordance with the notice and comment
requirements of the Administrative Procedure Act (APA).[^2] IDT asserts,
in the alternative, that, even if the APA was not violated, the FCC Form
499-A instructions regarding the definition of "end user" relied upon by
USAC directly conflict with Commission orders.[^3]

Interested parties may file comments on or before **September 5, 2008**,
and reply comments on or before **September 22, 2008**. All pleadings
are to reference **WC Docket No. 06-122**. Comments may be filed using
the Commission's Electronic Comment Filing System (ECFS), or by filing
paper copies.[^4]

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/>.
    Filers should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the comments for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers should
    include their full name, U.S. Postal Service mailing address, and
    the applicable docket or rulemaking number. Parties may also submit
    an electronic comment by Internet e-mail. To get filing
    instructions, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message, "get form."
    A sample form and directions will be sent in response.

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-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of [before]{.underline} entering the
building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and
Priority mail should be addressed to 445 12th Street, S.W., Washington
D.C. 20554.

People with Disabilities: To request materials in accessible formats for
people with disabilities (Braille, large print, electronic files, audio
format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(tty).

**In addition, one copy of each pleading must be sent to each of the
following:**

(1) The Commission's duplicating contractor, Best Copy and Printing,
    Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554,
    [www.bcpiweb.com](http://www.bcpiweb.com/); phone: (202) 488-5300
    fax: (202) 488-5563;

(2) Greg Guice, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5-A340, Washington,
    D.C. 20554; e-mail: <Greg.Guice@fcc.gov> and

(3) David Duarte, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5B-441, Washington,
    D.C. 20554; e-mail: <David.Duarte@fcc.gov>.

Filings and comments are also available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington,
D.C. 20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
S.W., Room CYB402, Washington, D.C. 20554, telephone: (202) 488-5300,
fax: (202) 488-5563, or via e-mail
[www.bcpiweb.com](http://www.bcpiweb.com/).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^5] Persons making
oral *ex parte* presentations are reminded that memoranda summarizing
the presentations must contain summaries of the substance of the
presentation and not merely a listing of the subjects discussed. More
than a one or two sentence description of the views and arguments
presented generally is required.[^6] Other rules pertaining to oral and
written *ex parte* presentations in permit-but-disclose proceedings are
set forth in section 1.1206(b) of the Commission's rules.[^7]

For further information, please contact Greg Guice, Telecommunications
Access Policy Division, Wireline Competition Bureau at (202) 418-0095 or
TTY (202) 418-0484.

**- FCC -**

[^1]: Request for Review of Decision of the Universal Service
    Administrator by IDT Corporation and IDT Telecom, WC Docket No.
    06-122 (filed June 30, 2008) (IDT Request for Review).

[^2]: *Id.* at 8-11. *See* 5 U.S.C. § 551, *et seq*.

[^3]: IDT Request for Review at 2.

[^4]: *See Electronic Filing of Documents in Rulemaking Proceedings*, GC
    Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998).

[^5]: 47 C.F.R. §§ 1.1200 *et seq*.

[^6]: *See* 47 C.F.R. § 1.1206(b)(2).

[^7]: 47 C.F.R. § 1.1206(b).