Another FCC Required Filing is Due Today

Many ETCs learned from their consultants late last week that the FCC requires all ETCs to file certain intercarrier compensation information with their state commissions by June 30th pursuant to revised FCC rule §54.304, Administration of Connect America Fund Intercarrier Compensation Replacement.

The 54.304 requirement has not been widely publicized or discussed by USAC, NECA or national organizations prior to very late last week.

Section 54.304 requires that all ETCs seeking CAF ICC support for the funding period July 1, 2012 through June 30, 2013 must file data projecting eligibility for CAF ICC funding with the FCC, USAC, and the relevant state commission by June 30, 2012.

Based on information ITA has received today from Jerry Burmeister at ITCI, and Burnie Snoddy at Kiesling Associates, here are some key points:

1. NECA filed the appropriate data with USAC and the FCC for member ETCs. Each ETC does need to make a filing with their state commission.

2. ITA has learned that Kiesling Associates, ITCI and Vantage Point are preparing or have already prepared filings for their clients. If in doubt, you should check with your consultant.

3. Because the June 30th filing deadline was on a Saturday, the filing deadline is extended to July 2nd (today).

4. ITA talked with IUB’s Mike Balch today, and Balch agreed that ETCs need not file the ICC data, and need not request confidential treatment of data. Instead, ETCs can simply file a certification that it is not seeking duplicative recovery in Iowa for any Eligible Recovery subject to the recovery mechanism described in §51.917, and that if the IUB needs any additional information it can contact the ETC. (see sample below).

5. The filing must be made via IUB’s Electronic Filing System at https://efs.iowa.gov/efs/LoginShow.do?toCreateFiling=true. Use a docket number of M-2012-____(your telco ID number______). To find your telco ID number that IUB has assigned to you, click here and enter your telco name in the search box.

Here is a sample certification letter prepared by Burnie Snoddy at Kiesling Associates

RE: Annual Reporting Requirements for High‐Cost Recipients Pursuant to 47 C.F.R. §51.917(d) (vii) and47 C.F.R. §54.304 (d) (1)

Dear Ms. Cooper:

The Federal Communications Commission’s (FCC) November 18, 2011 USF/ICC Transformation Order,FCC 11‐161 (WC Docket No. 10‐90) requires carriers seeking to obtain recovery through the federal mechanisms established in the Order to make certain certifications to the FCC and to state commissions regarding their eligibility for, and their compliance with the rules applicable to, such recovery.

Specifically, 47 C.F.R. §51.917 (d) (vii) requires Rate of Return Carriers to certify annually to the FCC and to relevant state commissions that the carrier is not seeking duplicative recovery in the state jurisdiction for any Eligible Recovery subject to the federal recovery mechanisms. In compliance with that requirement, Atkins Telephone Company, Inc. hereby states that it is not seeking duplicative recovery in the state jurisdiction for any Eligible Recovery subject to the recovery mechanism described in §51.917.

The FCC’s November 18, 2011 USF/ICC Transformation Order, FCC 11‐161 (WC Docket No. 10‐90) also requires rate of return carriers seeking CAF ICC support to file data establishing the amount of the rate of return carrier’s eligible CAF ICC funding per 47 C.F.R. §54.304 (d) (1). If additional support data is required, we will provide it upon request.

Please contact your consultants and advisors for more information.