**DA 08-1885**

**COMMENT SOUGHT ON AIRBAND COMMUNICATIONS, INC.'S REQUEST FOR REVIEW OF
A DECISION BY THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY**

**WC Docket No. 06-122**

**Release Date: August 8, 2008**

**Comment Date: September 8, 2008**

**Reply Comment Date: September 23, 2008**

On July 23, 2008, Airband Communications, Inc. (Airband) filed a request
seeking review of a decision of the Universal Service Administrative
Company (USAC), in which USAC denied Airband's request to accept its
amended 2007 FCC Form 499-A.[^1] In its request, Airband asserts that
USAC improperly rejected its revised filing because, among other things,
USAC incorrectly determined that the filing deadline for correcting an
FCC Form 499-A had passed.[^2] Airband requests that the Commission
reverse USAC's decision, or waive the FCC Form 499-A revision filing
deadline, and instruct USAC to accept Airband's corrected 2007 Form
499-A as timely filed.[^3]

Interested parties may file comments on or before **September 8, 2008**,
and reply comments on or before **September 23, 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) Erica Myers, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W., Room 5-B432, Washington,
    D.C. 20554; e-mail: <Erica.Myers@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 Erica Myers, Telecommunications
Access Policy Division, Wireline Competition Bureau at (202) 418-2429 or
TTY (202) 418-0484.

**- FCC -**

[^1]: Request for Emergency Review and Waiver of Airband Communications,
    Inc. of Decision of Universal Service Administrator, CC Docket No.
    96-45, WC Docket No. 06-122 (filed July 23, 2008) (Request for
    Review and Waiver). Airband also filed a petition for waiver of
    public notice. Petition for Waiver of Public Notice by Airband
    Communications, Inc., CC Docket No. 96-45, WC Docket No. 06-122
    (filed July 23, 2008) (Petition for Waiver of Public Notice). The
    issuance of the instant public notice constitutes a denial of that
    petition.

[^2]: *See* Request for Review and Waiver at 1-2, 9-11.

[^3]: *See* *id.* at 1-2, 5-12.

[^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).