Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | CC Docket No. 96-45          |
|                                  | *) |                              |
| Federal-State Joint Board on     | ** |                              |
| Universal Service                |    |                              |
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| Benton/Linn Wireless, LLC        | *) |                              |
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| Petition for Waiver of Section   |    |                              |
| 54.307(c)                        | *  |                              |
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| of the Commission's Rules        | ** |                              |
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| Highland Cellular, Inc.          | *  |                              |
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| Petition for Waiver of Sections  | ** |                              |
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| 54.307(c), 54.802(a), and        | *  |                              |
| 54.809(c)                        | *) |                              |
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| of the Commission's Rules        |    |                              |
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| Louisa Communications, LLC       | *) |                              |
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| Petition for Waiver of Section   |    |                              |
| 54.802(a)                        | *  |                              |
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| of the Commission's Rules        | ** |                              |
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| Nebraska Technology &            | *  |                              |
| Telecommunications Petition for  | *) |                              |
| Waiver of Section 54.802(a)      | ** |                              |
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| of the Commission's Rules        | *  |                              |
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| Northeast Iowa Telephone Company | ** |                              |
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| Petition for Waiver of Section   | *  |                              |
| 54.307(c)                        | *) |                              |
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| of the Commission's Rules        |    |                              |
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| United States Cellular           | *) |                              |
| Corporation                      | ** |                              |
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| Petition for Waiver of Section   | *  |                              |
| 54.307(c)                        | *) |                              |
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| of the Commission's Rules        |    |                              |
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| Unity Telephone Company d/b/a    | *) |                              |
| UniTel, Inc.                     | ** |                              |
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| Petition for Waiver of Section   | *  |                              |
| 54.904(d)                        | *) |                              |
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| of the Commission's Rules        |    |                              |
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| Wapsi Wireless, LLC              | *) |                              |
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| Petition for Waiver of Section   |    |                              |
| 54.307(c)                        | *  |                              |
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| of the Commission's Rules        | ** |                              |
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+----------------------------------+----+------------------------------+

**ORDER**

**Adopted: November 29, 2005 Released: November 29, 2005**

By the Chief, Wireline Competition Bureau:

# Introduction

1.  In this Order, we grant eight separate requests for waiver, filed by
    eight eligible telecommunications carriers (ETCs) -- Benton/Linn
    Wireless, LLC (Benton/Linn); Highland Cellular, Inc. (Highland);
    Louisa Communications, LLC (Louisa); Nebraska Technology &
    Telecommunications (NTT); Northeast Iowa Telephone Company
    (Northeast Iowa); United States Cellular Corporation (USCC); Unity
    Telephone Company (UniTel); and Wapsi Wireless, LLC (Wapsi)
    (collectively "the petitioners") -- of certain quarterly and annual
    filing deadlines required for high-cost universal service support,
    set forth in sections 54.307, 54.802, 54.809, and 54.904 of the
    Federal Communications Commission's (Commission's) rules.[^1] We
    find that the petitioners have demonstrated that special
    circumstances warrant these waivers, and we direct USAC to disburse
    the petitioners' support for the relevant periods.

# Background

2.  Section 254(e) of the Communications Act of 1934, as amended (the
    Act), provides that "only an eligible telecommunications carrier
    designated under section 214(e) shall be eligible to receive
    specific Federal universal service support."[^2] Once a carrier is
    designated as an ETC, other requirements also must be satisfied
    before a carrier can begin receiving interstate access support
    (IAS), interstate common line support (ICLS), and other high-cost
    universal service support. Section 254(e) requires that support
    shall be used "only for the provision, maintenance, and upgrading of
    facilities and services for which support is intended."[^3] To
    implement this statutory requirement, the Commission has adopted
    annual certification and data filing requirements.[^4]

3.  To receive IAS pursuant to section 54.809 of the Commission's rules,
    an ETC must file an annual certification with the Universal Service
    Administrative Company (USAC) and the Commission stating that all
    IAS received by the ETC will be used "only for the provision,
    maintenance, and upgrading of facilities and services for which
    support is intended."[^5] A carrier's certification must be filed on
    the date the carrier first files its line count data information
    with USAC, and thereafter on June 30 of each year.[^6] In addition,
    an ETC that is providing service within an area served by a price
    cap local exchange carrier must file line count data on a quarterly
    basis, pursuant to section 54.802 of the Commission's rules.[^7]
    Line count data are due on the last business day of March, June,
    September, and December of each year.[^8] USAC uses line count data
    filed in December to calculate first quarter support for the
    following calendar year, line count data filed in March to calculate
    second quarter support for the current year, line count data filed
    in June to calculate third quarter support for the current year, and
    line count data filed in September to calculate fourth quarter
    support for the current year.

4.  Similarly, to receive ICLS pursuant to section 54.904 of the
    Commission's rules, an ETC must file a certification, stating that
    all ICLS received by it will be used only for the provision,
    maintenance, and upgrading of facilities and services for which such
    support is intended, with USAC and the Commission on the date that
    it first files its line count information and thereafter on June 30
    of each year.[^9] In addition, pursuant to section 54.307 of the
    Commission's rules, a competitive LEC designated as an ETC must file
    with USAC, no later than July 31, September 30, December 30, and
    March 30 of each year, working line count data for the previous
    December 31, March 31, June 30, and September 30, respectively, in
    order to receive ICLS and other forms of high-cost support for those
    quarterly periods.[^10]

5.  *[Waiver Standard]{.underline}*. Generally, the Commission's rules
    may be waived for good cause shown.[^11] The Commission may exercise
    its discretion to waive a rule where the particular facts make
    strict compliance inconsistent with the public interest.[^12] In
    addition, the Commission may take into account considerations of
    hardship, equity, or more effective implementation of overall policy
    on an individual basis.[^13] Waiver of the Commission's rules is
    therefore appropriate only if special circumstances warrant a
    deviation from the general rule, and such a deviation will serve the
    public interest.[^14] Moreover, in demonstrating whether a waiver is
    warranted, the burden of proof rests with the petitioner.[^15]

# PETITIONs SEEKING WAIVER BASED ON MISUNDERSTANDING OF commission DEADLINE rules

## Background

6.  *[Highland's Petition for Waiver]{.underline}*. On January 17, 2003,
    Highland filed a request for waiver of the June 30 and September 30
    quarterly filing deadlines in section 54.802, and the July 31 and
    September 30 filing deadlines in section 54.307, so it can receive,
    respectively, IAS for third quarter 2002 and fourth quarter 2002,
    and high-cost support for the fourth quarter 2002 and first quarter
    2003.[^16] The West Virginia Commission designated Highland as an
    ETC in areas served by non-rural carriers in West Virginia on May
    30, 2002,[^17] and on June 28, 2002, Highland mailed to USAC its
    initial interstate access line count data and its initial annual
    certification.[^18] USAC did not receive Highland's line count data
    and certification until July 1, 2002 -- one day after the line count
    filing deadline.[^19] On July 31 and September 30, 2002, Highland
    mailed its next quarterly filings of high-cost and interstate access
    line count data, respectively, to USAC. These filings also were
    received by USAC after the filing deadline.[^20] In its petition,
    Highland claims that it did not realize that the submissions were
    required to be received by USAC by the due dates, instead of mailed
    by the due dates, until it did not receive its expected IAS and
    high-cost model support in December 2002.[^21]

7.  *[Northeast Iowa's Petition for Waiver]{.underline}*. On July 27,
    2004, Northeast Iowa requested a waiver of the filing deadline in
    section 54.307(c) of the Commission's rules,[^22] so that it can
    receive high-cost support for the second quarter 2004. On December
    29, 2003, Northeast Iowa mailed its high-cost loop, local switching
    support, and long-term support line counts, ICLS Form 507, and IAS
    line count report to USAC in one envelope.[^23] This filing was
    received by USAC on December 31, 2003 -- one day after the
    deadline.[^24] When Northeast Iowa determined in July 2004 that it
    had not received the full amount of high-cost support to which it
    believed it was entitled, it was informed by USAC that its fourth
    quarter 2003 filing was not received by the filing date.[^25] In its
    petition, Northeast Iowa explains that its general manager was on
    vacation from December 22 though January 3. In his absence,
    administrative staff sent the filing "in an expedited manner" on
    December 29, but failed to send it using an overnight delivery
    method. As a result, its filing was received after the December 30,
    2003 filing date for all high-cost support and ICLS data.[^26]

8.  *[Benton/Linn's Petition for Waiver]{.underline}*. On June 9, 2004,
    Benton/Linn requested a waiver of the filing deadline in section
    54.307(c) of the Commission's rules,[^27] so that it can receive
    high-cost support for third quarter 2004. On March 30, 2004,
    Benton/Linn mailed its high-cost loop, local switching support, and
    long-term support line counts, ICLS Form 507, and IAS line count
    report to USAC in one envelope.[^28] This filing was received by
    USAC on March 31, 2004, one day past the March 30, 2004 filing date
    for all high-cost support and ICLS data.[^29] In its petition,
    Benton/Linn states that a relocation of its offices around the time
    that the filings were due hampered its ability to retrieve all the
    records it needed for the filing.[^30]

9.  *[NTT's Petition for Waiver]{.underline}*. On July 19, 2005, NTT
    requested a waiver of the September 30 filing deadline in section
    54.802(a) of the Commission's rules so that it can receive support
    for the fourth quarter 2004.[^31] NTT's quarterly interstate access
    line count data for the period covering April through June of 2004
    was postmarked on September 29, 2004.[^32] The filing, however, was
    not received by USAC by the September 30, 2004 filing deadline.[^33]
    NTT seeks a waiver because it believed that the filing merely had to
    be postmarked by September 30.[^34]

## Discussion

10. We find that Highland, Northeast Iowa, Benton/Linn and NTT have
    demonstrated that good cause exists to waive the Commission's rules
    in order to allow receipt of universal service IAS, ICLS and
    high-cost support for the quarters and years in question.
    Specifically, we grant Highland's petition for waiver of sections
    54.307(c), 54.802(a) and 54.809(c)[^35] of the Commission's rules,
    Northeast Iowa and Benton/Linn's petitions for waiver of section
    54.307(c) of the Commission's rules, and NTT's petition for waiver
    of section 54.802(a) of the Commission's rules.

11. Sections 54.307 and 54.802 of the Commission's rules require each
    ETC to "submit" line count data by the deadline.[^36] Highland and
    NTT assert that they believed that these rules were satisfied if the
    filings were postmarked by the due date.[^37] Section 1.7 of the
    Commission's rules, however, clarifies that "pleadings and other
    documents are considered to be filed with the Commission *upon their
    receipt*."[^38] Because USAC processes such a large amount of data
    each year, it is necessary to require carriers to meet filing
    deadlines absent special circumstances. Furthermore, it is the
    responsibility of the ETC to review and understand the rules so that
    it is in a position to ensure that its submissions are filed in a
    timely manner. [^39]

12. In these circumstances, however, we find that strict enforcement of
    the rules is not in the public interest. The filings of all the
    petitioners were received within two business days of the due
    date.[^40] Therefore, the late filings did not impair the
    administration of the USF. Furthermore, these carriers have taken
    steps to ensure that they will not file late in the future.[^41] We
    note that these carriers believed that they were filing on time. We
    emphasize that it is each carrier's responsibility to ensure that
    USF line count and certification filings are *received* by the due
    date in the appropriate places, regardless of the time or method of
    filing. Given the options that are now available for filing, we
    doubt circumstances as described by these petitioners will be
    considered "special circumstances" in the future.[^42]

# pETITIONERS SEEKING WAIVER BASED ON third-party error

## Background

13. *[Louisa's Petition for Waiver]{.underline}*. On January 12, 2004,
    Louisa filed a request for waiver of the December 30 quarterly
    filing deadline in section 54.802 of the Commission's rules for
    interstate access line count data, so that it can receive IAS for
    the first quarter 2004.[^43] In its petition, Louisa asserts that it
    mailed its quarterly interstate access line count data to USAC on
    December 23, 2003, but that USAC did not receive Louisa's submission
    until January 5, 2004, six days after the December 30 line count
    filing deadline.[^44] Subsequently, USAC notified Louisa that it did
    not receive its interstate access line count data by December
    30.[^45] Louisa requests a waiver in light of the unusual U.S. mail
    delay that caused its filing to arrive late.[^46]

14. *[USCC's Petition for Waiver]{.underline}*. On April 2, 2004, USCC
    filed a petition for waiver of the September 30 ICLS line count data
    filing deadline in section 54.307(c) of the Commission's rules, so
    that it can receive ICLS for the first quarter 2004 for the states
    of Iowa, Washington, and Wisconsin.[^47] On September 29, 2003, USCC
    mailed its Washington, Iowa, and Wisconsin high-cost and IAS line
    count data to USAC via UPS overnight service, and also mailed its
    ICLS line count data to USAC's consultant in Harrisburg,
    Pennsylvania.[^48] The ICLS line count data, however, was
    incorrectly routed at a UPS facility and was mistakenly delivered to
    the Dallas-Fort Worth Airport on September 30, 2003. Thus, the data
    was not received in Harrisburg until October 1, 2003, one day after
    the September 30, 2003 filing deadline.[^49] In its petition, USCC
    contends that it had no reason to believe that the Harrisburg filing
    had not been delivered on time, as UPS did not advise USCC of any
    problems.[^50] USCC only became aware of the late filing when it
    noticed a shortfall in its USF payments in its February 27, 2004
    high-cost statement from USAC.[^51]

15. *[UniTel's Petition for Waiver]{.underline}*. On February 17, 2005,
    UniTel filed a petition for waiver of the annual ICLS certification
    filing deadline in section 54.904(d) of the Commission's rules, so
    that it can receive ICLS for the period from July 2004 through
    February 2005.[^52] In its petition, UniTel recounts that on May 28,
    2004, it mailed its annual ICLS certification to USAC and the
    Commission.[^53] On the same day, UniTel faxed a copy of the
    certification to the National Exchange Carrier Association
    (NECA).[^54] It was not until late December 2004, however, that
    UniTel was informed for the first time by NECA that USAC could not
    verify that it had received the 2004 ICLS certification on or before
    its June 30, 2004 due date.[^55] After an unsuccessful search to
    verify that USAC or the Commission received the 2004 ICLS
    certification, UniTel resent the certification to USAC and the
    Commission on December 30, 2004.[^56] UniTel maintains that its
    reliance on the U.S. Mail for the filing of its certification with
    USAC and the Commission was entirely reasonable, because it had
    mailed the certification 33 days prior to the deadline.[^57]

16. *[Wapsi's Petition for Waiver]{.underline}*. On April 13, 2005,
    Wapsi filed a petition for waiver of the December 30 ICLS line count
    data filing deadline in section 54.307(c) of the Commission's rules,
    so that it can receive high-cost support, local switching support,
    and ICLS for the second quarter 2005.[^58] On December 13, 2004,
    Wapsi sent to USAC its FCC Form 507 line count report via UPS "3 Day
    Select" delivery service.[^59] UPS held the package as undeliverable
    at its Landover, Maryland, facility from December 16 to December 30,
    2004, without notifying or contacting Wapsi. Thus, the Form 507 was
    not received by USAC by the December 30, 2004 filing deadline.[^60]
    In its petition, Wapsi asserts that it did not become aware of any
    delivery problem until the package was returned to it undelivered by
    UPS on January 5, 2005. On January 6, Wapsi resent the Form 507 to
    USAC via fax and UPS "Next Day Air" delivery service.[^61]

## Discussion

17. Louisa, USCC, UniTel and Wapsi contend that their late filings were
    the result of errors made by third parties and were outside of their
    control. We find that the primary causes of these four carriers'
    filing delays were unusual and unforeseeable occurrences
    attributable to third parties, and we grant their requested waivers
    of the Commission's rules. Specifically, we grant Louisa's petition
    for waiver of section 54.802(a) of the Commission's rules, USCC and
    Wapsi's petitions for waiver of section 54.307(c) of the
    Commission's rules, and UniTel's petition for waiver of section
    54.904(d) of the Commission's rules.

18. Although our rules require that line count and certifications must
    be *received* by the deadline, we find here that all four of these
    carriers acted reasonably and in good faith in their attempts to
    ensure that their filings were received by the deadlines. The
    Commission has found that it generally does not grant waivers based
    on the failure of third-party couriers,[^62] stating that "although
    these circumstances may be unexpected, they are reasonably
    foreseeable and therefore applicants should allow enough time to
    meet cutoff deadlines to account for such unanticipated
    delays."[^63] Here, however, the applicants tried to account for
    delays by mailing the required data more than a month in advance, as
    UniTel did, 17 days in advance, as Wapsi did, and a week in advance,
    as Louisa did. Even given unexpected delays, mailing the data when
    they did should have ensured that the filings arrived on time. We
    find that such great delays, therefore, were not foreseeable.

19. Only USCC relied upon a third-party courier to transport the data
    overnight and therefore did not leave time for any delays. Like the
    petitions above where the carriers thought they were filing on time,
    we find that strict enforcement of the rules is not in the public
    interest.[^64] Like Highland, Northeast Iowa and Benton/Linn, USCC's
    filing arrived only one day late.[^65] Therefore, the late filings
    did not impair the administration of the USF. In addition, in
    contrast to where the applicants were seeking to compete in the
    comparative hearing process for obtaining a radio license from the
    Commission, here no other party was prejudiced due to the late
    filing.[^66]

20. Furthermore, subsequent to the occurrence of the circumstances
    underlying these petitions, USAC updated its procedures to allow
    carriers to file by email or facsimile. [^67] Carriers now have many
    options by which to file, including U.S. mail, other sources of
    commercial delivery, facsimile, and email, and we encourage them to
    use any and all methods they deem necessary to ensure their filings
    are timely received. For instance, all carriers receiving funding
    from the high-cost universal support mechanism are encouraged to
    make their filings via email at
    [hcfilings@HCLI.universalservice.org](mailto:hcfilingd@HCLI.universalservice.org)
    to avoid future filing delays. Additional information regarding
    USAC's filing procedures and deadlines can be found at
    <http://www.universalservice.org/hc/process/filingreq.asp>. Given
    the options that are now available for filing, we doubt
    circumstances as described by these petitioners will be considered
    "special circumstances" in the future.

# ORDERING CLAUSES

21. Accordingly, IT IS ORDERED that, pursuant to the authority contained
    in sections 1, 4(i), 5(c), 201, and 254 of the Communications Act of
    1934, as amended, 47 U.S.C. §§ 151, 154(i),

    155(c), 201, and 254, and sections 0.91, 0.291, and 1.3 of the
    Commission's rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, this *Order*
    IS ADOPTED.

22. IT IS FURTHER ORDERED that the petition for waiver of sections
    54.307(c), 54.802(a) and 54.809(c) of the Commission's rules, 47
    C.F.R. §§ 54.307(c), 54.802(a) and 54.809(c), filed by Highland
    Cellular, Inc., IS GRANTED, as described herein.

23. IT IS FURTHER ORDERED that the petition for waiver of sections
    54.307(b) and 54.802(a) of the Commission's rules, 47 C.F.R. §§
    54.307(b) and 54.802(a), filed by Louisa Communications, LLC, IS
    GRANTED, as described herein.

24. IT IS FURTHER ORDERED that the petition for waiver of section
    54.307(c) of the Commission's rules, 47 C.F.R. § 54.307(c), filed by
    United States Cellular Corporation, IS GRANTED, as described herein.

25. IT IS FURTHER ORDERED that the petition for waiver of section
    54.307(c) of the Commission's rules, 47 C.F.R. § 54.307(c), filed by
    Benton/Linn Wireless, LLC, IS GRANTED, as described herein.

26. IT IS FURTHER ORDERED that the petition for waiver of section
    54.307(c) of the Commission's rules, 47 C.F.R. § 54.307(c), filed by
    Northeast Iowa Telephone Company, IS GRANTED, as described herein.

27. IT IS FURTHER ORDERED that the petition for waiver of section
    54.802(a) of the Commission's rules, 47 C.F.R. § 54.802(a), filed by
    Nebraska Technology & Telecommunications, Inc., IS GRANTED, as
    described herein.

28. IT IS FURTHER ORDERED that the petition for waiver of section
    54.904(d) of the Commission's rules, 47 C.F.R. § 54.904(d), filed by
    Unity Telephone Company d/b/a UniTel, Inc., IS GRANTED, as described
    herein.

29. IT IS FURTHER ORDERED that the petition for waiver of section
    54.307(b) and (c) of the Commission's rules, 47 C.F.R. § 54.307(b)
    and (c), filed by Wapsi Wireless, LLC, IS GRANTED, as described
    herein.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Thomas J. Navin
>
> Chief
>
> Wireline Competition Bureau

[^1]: *See* Benton/Linn Wireless, LLC Petition for Waiver of Section
    54.307(c) of the Commission's Rules, CC Docket No. 96-45, filed June
    9, 2004 (Benton/Linn Petition); Highland Cellular, Inc. Petition for
    Waiver of Section 54.802, 54.809(c), and 54.307(c) of the
    Commission's Rules, CC Docket No. 96-45, filed Jan. 17, 2003
    (Highland Petition); Louisa Communications, LLC Petition for Waiver
    of Section 54.307(b) of the Commission's Rules, CC Docket No. 96-45,
    filed Jan. 12, 2004 (Louisa Petition); Nebraska Technology &
    Telecommunications Petition for Waiver of Section 54.802(a) of the
    Commission's Rules, CC Docket No. 96-45, filed July 19, 2005 (NTT
    Petition) (NTT's petition was dated November 29, 2004 but was not
    received by the Commission's Office of the Secretary until July 19,
    2005); Northeast Iowa Telephone Company Petition for Waiver of
    Section 54.307(c) of the Commission's Rules, CC Docket No. 96-45,
    filed July 27, 2004 (Northeast Iowa Petition); United States
    Cellular Corporation Petition for Waiver of Section 54.307(c) of the
    Commission's Rules, CC Docket No 96-45, filed Apr. 2, 2004 (USCC
    Petition); Unity Telephone Company d/b/a Unitel, Inc. Petition for
    Waiver of Section 54.904(d) of the Commission's Rules, CC Docket No
    96-45, filed Feb. 17, 2005 (UniTel Petition); and Wapsi Wireless,
    LLC Petition for Waiver of Section 54.307(b) and (c) of the
    Commission's Rules, CC Docket No 96-45, filed Apr. 13, 2005 (Wapsi
    Petition) (Wapsi's petition was dated February 8, 2005 but was not
    received by the Commission's Office of the Secretary until April 13,
    2005). *See also* 47 C.F.R. §§ 54.307(c), 54.802(a), 54.809(c), and
    54.904(d).

[^2]: 47 U.S.C. § 254(e). Section 214(e) of the Act provides that state
    commissions shall designate carriers as ETCs. 47 U.S.C. § 214(e).

[^3]: 47 U.S.C. § 254(e).

[^4]: *See* 47 C.F.R. §§ 54.307, 54.313, 54.314, 54.802, 54.809, 54.903.

[^5]: 47 C.F.R. § 54.809(a).

[^6]: *See* 47 C.F.R. §54.809(c). In *Federal-State Joint Board on
    Universal Service*, CC Docket No. 96-45, Report and Order, 20 FCC
    Rcd 6371, 6413-14, para. 94 (2005), the Commission adopted a
    quarterly IAS certification schedule to accommodate late filings,
    whereby a late-filing carrier's IAS support is curtailed by a
    quarter's worth of support for each quarter that the certification
    is untimely. *See also id.* at 6421 (revising 47 C.F.R. §54.809(c)
    to reflect this new treatment of late-filed IAS certifications).

[^7]: *See* 47 C.F.R. § 54.802(a).

[^8]: *Id*.; *see Access Charge Reform*, *Price Cap Performance Review
    for Local Exchange Carriers, Low-Volume Long-Distance Users,
    Federal-State Joint Board on Universal Service*, Sixth Report and
    Order in CC Docket Nos. 96-262 and 94-1, Report and Order in CC
    Docket No. 99-249, Eleventh Report and Order in CC Docket No. 96-45,
    15 FCC Rcd 12962, 13060, para. 227 (2000), *aff'd in part, rev'd in
    part, and remanded in part*, *Texas Office of Public Utility
    Counsel*, 265 F.3d 313 (5^th^ Cir. 2001).

[^9]: *See* 47 C.F.R. §§ 54.904(a) and (d). In the *MAG Order,* the
    Commission adopted a mechanism for accepting an untimely filed ICLS
    certification, whereby the carrier does not become eligible for ICLS
    until the second calendar quarter after the certification is
    untimely filed. *See* *Multi-Association Group (MAG) Plan for
    Regulation of Interstate Services of Non-Price Cap Incumbent Local
    Exchange Carriers and Interexchange Carriers*, CC Docket No. 00-256,
    *Federal-State Joint Board on Universal Service*, CC Docket No.
    96-45, *Access Charge Reform for Incumbent Local Exchange Carriers
    Subject to Rate-of-Return Regulation*, CC Docket No. 98-77,
    *Prescribing the Authorized Rate of Return for Interstate Services
    of Local Exchange Carriers*, CC Docket No. 98-166, Second Report and
    Order and Further Notice of Proposed Rulemaking in CC Docket No.
    00-256, Fifteenth Report and Order in CC Docket No. 96-45, and
    Report and Order in CC Docket Nos. 98-77 and 98-166, 16 FCC Rcd
    19613, 19688, para. 176 (2001) (*subsequent history omitted*) (*MAG
    Order*).

[^10]: 47 C.F.R. § 54.307(c). ICLS supports interstate common line costs
    with explicit support that is available to all ETCs. *See MAG
    Order,* 16 FCC Rcd at 19667, para. 128. *See also* 47 C.F.R. §§
    54.901-904.

[^11]: 47 C.F.R. § 1.3.

[^12]: *Northeast Cellular Telephone Co. v. FCC*, 897 F.2d 1164, 1166
    (D.C. Cir. 1990) ("*Northeast Cellular*").

[^13]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1159 (D.C. Cir. 1969);
    *Northeast Cellular*, 897 F.2d at 1166.

[^14]: *Northeast Cellular*, 897 F.2d at 1166.

[^15]: *Tucson Radio, Inc. v. FCC*, 452 F.2d 1380, 1382 (D.C. Cir.
    1971).

[^16]: *See* Highland Petition at 1-3; 47 C.F.R. §§ 54.307(c),
    54.802(a).

[^17]: *See Highland Cellular, Inc., Petition for Consent and Approval
    to be Designated as an Eligible Telecommunications Carrier*,
    Recommended Decision, Case No. 01-1604-T-PC (W. Va. Comm'n May 10,
    2002); *id.,* Final Order (W. Va. Comm'n May 30, 2002)

[^18]: *See* Highland Petition at 2.

[^19]: *See id*.

[^20]: *See* Highland Petition at 3.

[^21]: *See id*.

[^22]: *See* Northeast Iowa Petition at 1.

[^23]: The Iowa Utilities Board designated Northeast Iowa as an ETC in
    the state of Iowa on April 26, 2002. *See Iowa Wireless Services
    L.P. and Associated Companies,* Order Designating Eligible Carriers,
    Docket No. 199 IAC 39.2(4) (Iowa Util. Bd. Apr. 26, 2002) (*Iowa
    Utilities Board Order*).

[^24]: *See* Northeast Iowa Petition at 1.

[^25]: *See id*. at 1-2.

[^26]: *Id*. *See also* 47 C.F.R. § 54.307(c). The filing, however, was
    received by the December 31, 2003 IAS filing deadline. *See*
    Northeast Iowa Petition at 1; 47 C.F.R. § 54.802(a).

[^27]: *See* Benton/Linn Petition at 1.

[^28]: The Iowa Utilities Board designated Benton/Linn as an ETC in the
    state of Iowa on April 26, 2002. *See Iowa Utilities Board Order;*
    Benton/Linn Petition at 1.

[^29]: *See* Benton/Linn Petition at 1-2. *See also* 47 C.F.R. §
    54.307(c). The filing, however, was received by the March 31, 2004
    IAS filing deadline. *See* Benton/Linn Petition at 1; *see also* 47
    C.F.R. § 54.802(a).

[^30]: *See* Benton/Linn Petition at 2.

[^31]: *See* NTT Petition at 1.

[^32]: The Nebraska Public Service Commission designated NTT as an ETC
    in the state of Nebraska on October 4, 2001. *See Application of
    Nebraska Technology & Telecommunications, Inc., Omaha, Seeking
    Designation as an Eligible Telecommunications Carrier that May
    Receive Universal Service Support,* Order Granting Designation as an
    Eligible Telecommunications Carrier*,* Application No. C-2528 (Neb.
    PSC Oct. 4, 2001).

[^33]: *See* NTT Petition at 1.

[^34]: *See id*.

[^35]: Pursuant to section 54.809(c), Highland's initial annual IAS
    certification was not untimely since it was filed at the time of its
    initial interstate line count data submission. *See* 47 C.F.R. §
    54.809(c). All annual certifications thereafter, however, must be
    filed on June 30 of each year. *Id*.

[^36]: *See* 47 C.F.R. § 54.307(c) (requiring that ETCs "submit" line
    count data by each July 31, September 30, December 30, and March
    30); 47 C.F.R. § 54.802(a) (requiring that ETCs "submit to the
    Administrator, on a quarterly basis . . . line count data").

[^37]: *See* Highland Petition at 3; NTT Petition at 1. While Northeast
    Iowa and Benton/Linn do not claim they interpreted the rule to mean
    filings had to be postmarked by the deadline, they both acted as if
    they thought their filings would be on time as submitted.

[^38]: 47 C.F.R. § 1.7 (emphasis added). Section 1.7 of the Commission's
    rules applies generally to all documents filed with the Commission
    unless specifically noted otherwise. 47 C.F.R. § 1.7.

[^39]: We note that early this past summer, the Commission released a
    Notice of Proposed Rulemaking seeking comment on ways to improve the
    management, administration, and oversight of the Universal Service
    Fund (USF). *See Comprehensive Review of Universal Service Fund
    Management, Administration, and Oversight*, WC Docket No. 05-195,
    *Federal-State Joint Board on Universal Service*, CC Docket No.
    96-45, *Schools and Libraries Universal Service Support Mechanism*,
    CC Docket No. 02-6, *Rural Health Care Support Mechanism*, WC Docket
    No. 02-60, *Lifeline and Link-Up,* WC Docket No. 03-109, *Changes to
    the Board of Directors for the National Exchange Carrier
    Association, Inc.,* CC Docket No. 97-21, Notice of Proposed
    Rulemaking and Further Notice of Proposed Rulemaking, 20 FCC Rcd
    11308 (2005) (*USF Administration NPRM*). Among the issues on which
    the Commission sought comment are filing deadlines. *See id.* at
    11328-30, paras. 47-51. The Commission may further clarify its
    deadlines in the course of that proceeding.

[^40]: *See, e.g.,* Northeast Iowa Petition at 1; Benton/Linn Petition
    at 1; Highland Petition at 2, 4. Highland was not notified by USAC
    that its initial filing was deemed late, so it had no opportunity to
    correct the untimeliness of its later filings. *See* Highland
    Petition at 4.

[^41]: *See, e.g.,* Benton/Linn Petition at 3, Northeast Iowa Petition
    at 3 (each asserting that it has implemented a tracking system to
    ensure timely filing, including the use of an outside firm to
    monitor its meeting future filing requirements); Highland Petition
    at 4.

[^42]: *See* *infra.* para. 20.

[^43]: *See* Louisa Petition at 1. In its petition, Louisa requests a
    waiver of section 54.307(b) of the Commission's rules. Louisa
    specifically requests waiver of the December 30, 2003 filing
    deadline for interstate access support. This deadline is codified in
    section 54.802(a) of the Commission's rules. Accordingly we will
    address Louisa's waiver request as a request for waiver of section
    54.802(a) of the Commission's rules.

[^44]: *See* Louisa Petition at 1; 47 C.F.R. § 54.802(a). The Iowa
    Utilities Board designated Louisa as an ETC in areas served by
    non-rural carriers in Iowa on May 2, 2001. *See Louisa
    Communications, Inc.,* Order Designating Eligible Carrier, Docket
    No. 199 IAC 39.2(4) (Iowa Util. Bd. June 19, 2001).

[^45]: *See* Louisa Petition at 1*.*

[^46]: *See id*.

[^47]: *See* USCC Petition at 1.

[^48]: *See id.* at 2-3. USCC provided copies of the cover letters to
    its ICLS filings and its UPS shipping receipts and tracking
    information. *See id.* at Attachments B-E. USCC is designated as an
    ETC in Washington, Iowa, and Wisconsin. *See* *id.* at 2; *Petitions
    For Designation as Eligible Telecommunications* Carriers, Order
    Designating Eligible Telecommunications Carriers, Docket Nos.
    UT-970333-970354 and UT-970356, (Wash. Util. and Transp. Comm'n Dec.
    23, 1997); *U.S. Cellular Corp.*, Order Granting Request for
    Eligible Telecommunications Carrier Status, Docket No. 199 IAC
    39.2(4) (Iowa Util. Bd. Jan 15, 2002); *Application of United States
    Cellular Corp. for Designation as an Eligible Telecommunications
    Carrier in Wisconsin*, Final Decision, Docket No. 8225-TI-102 (Wis.
    PSC Dec. 20, 2002).

[^49]: *See* USCC Petition at 3; 47 C.F.R. § 54.307(c). Beginning with
    the December 30, 2003 filings, USAC no longer required that filings
    be made to Harrisburg.

[^50]: *See* USCC Petition at 4.

[^51]: *See id*.

[^52]: *See* UniTel Petition at 1, 5.

[^53]: *See id.* at 2. The Maine Public Utilities Commission designated
    UniTel as an ETC in the state of Maine on November 3, 1997. *See
    Unitel, Inc., Request for Designation as Eligible Telecommunications
    Carrier,* Order, Docket No. 97-479 (Maine PUC Nov. 3, 1997).

[^54]: *See* UniTel Petition at 3. UniTel provided copies of its fax
    transmission to NECA, the Fax "activity report" showing successful
    completion of the fax to NECA, and a letter dated Feb. 15, 2005,
    confirming NECA's receipt of the fax on May 28, 2004. *See id.* at
    Attachments E, F. UniTel is a participant in the NECA revenue and
    cost pooling process, whereby NECA functions as a clearinghouse for
    the receipt and disbursement of ICLS for its pool participants. As
    part of this process, NECA also sends a copy of pool participants'
    ICLS information to USAC. *See id.* at 3. *See also MAG Order,* 16
    FCC Rcd at 19624, para. 20; 16 FCC Rcd at 19682, para. 162.

[^55]: *See* UniTel Petition at 1, 4; 47 C.F.R. § 54.904(d).

[^56]: *See* UniTel Petition at 4.

[^57]: *See id.* at 6-7.

[^58]: *See* Wapsi Petition at 2, 6.

[^59]: The Iowa Utilities Board designated Wapsi as an ETC in the state
    of Iowa on April 26, 2002. *See* Wapsi Petition at 3; *Iowa
    Utilities Board Order*.

[^60]: *See* Wapsi Petition at 1-7; 47 C.F.R. § 54.307(c).

[^61]: *See* Wapsi Petition at 1-6. Wapsi provided copies of its
    misaddressed UPS shipping receipt and tracking information. *See
    id.* at Exhibits B-C.

[^62]: *See Mary Ann Salvatoriello,* FCC 91-243, Memorandum Opinion and
    Order, 6 FCC Rcd 4705, 4708, para. 23 (1991).

[^63]: *Id.* (quoting *FCC Overrules Caldwell Television Associates,
    Ltd.,* FCC 85-534, Public Notice, 58 RR2d 1706, 1707 (1985)).

[^64]: *See supra* para. 12.

[^65]: *See* USCC Petition at 3.

[^66]: *But see Mary Ann Salvatoriello,* 6 FCC Rcd at 4705, paras. 2-4.
    Furthermore, in that case, the subject applications were dismissed
    under the Commission's particular "hard look" approach for
    processing of applications for commercial FM facilities. *See id.*
    at paras. 2-3.

[^67]: It also might help carriers if they could confirm when their
    filings were received. For example, if USAC would date-stamp filings
    if requested by carriers, the carriers would know in a timely manner
    whether their submissions were received, and can expeditiously cure
    the situation if they were not. We note that filing deadlines are
    among the issues on which the Commission sought comment in the *USF
    Administration NPRM*. *See id.*, 20 FCC Rcd at 11328-30, paras.
    47-51. If necessary, the date-stamping of filings could be
    considered by the Commission in that proceeding in the context of
    other measures related to filing deadlines and the efficient
    administration of the USF.