Justification for non substantive change request

Federal Communications Commission

Explanation of Non-Substantive Changes to OMB Control Number: 3060-0855:

• FCC Form 499-A

• FCC Form 499-Q

• Instructions to FCC Form 499-A

• Instructions to FCC Form 499-Q

Purpose of this Submission: This submission is being made for proposed non-substantive changes to an existing information collection pursuant to 44 U.S.C. § 3507. This submission seeks to update (i) FCC Form 499-A; (ii) the accompanying instructions to FCC Form 499-A; (iii) FCC Form 499-Q; and (iv) the accompanying instructions to FCC Form 499-Q. On July 15, 2022, the Wireline Competition Bureau (Bureau) issued a Public Notice seeking comment on the proposed modifications (DA 22-764). In response to the Public Notice, one stakeholder filed comments objecting to, and incorrectly characterizing, a clarifying update to the 499-A Instructions as a rule change. The clarification reflects a long-standing incumbent local exchange carrier (LEC) contribution obligation and the updated Instructions merely clarify that obligation, as recently reiterated in a Bureau order. That Bureau order also plainly states that the 499-A Instructions will be modified accordingly.¹

Summary of Proposed Updates to the 2023 FCC Form 499-A and FCC Form 499-Q, where applicable, and instructions:

• Date Changes: Dates were updated throughout the FCC Forms and instructions. References to “2022” were changed to “2023” and references to “2021” were changed to “2022.”

• Clarifications and Stylistic Changes: In a number of instances, additional non-substantive clarifications and minor stylistic changes, such as typos and spacing, are also made.

Summary of Proposed Changes to the 2023 FCC Form 499-A Instructions:

• Page 11 is updated to clarify that each affiliate and subsidiary entity should identify their ultimate controlling parent or entity, or provide a common identifier for all affiliated filers.

• Page 19 is updated to remove the requirement to provide a fax number.

• Page 26 is updated consistent with a recent Bureau order clarifying that incumbent LECs without a subscriber line charge should identify the interstate portion of fixed local exchange service revenues in column (d) of the appropriate line 404.1-404.5.

• Page 29 is updated to clarify that amounts received from the federal USF support mechanism should be attributed as either interstate or international revenues, as appropriate

• Pages 39 is updated to clarify that the reseller safe harbor procedures require an active Filer 499 ID to meet the “reasonable expectation” standard.

Summary of Proposed Modifications to the 2022 FCC Form 499-Q Instructions:

• Circularity Factor Update: The circularity factor will be adjusted and updated in the Form 499-Q instructions based upon the quarterly contribution factors subsequent to the Fourth Quarter 2022 contribution factor announcement.

Attachment 1: Proposed changes to Form 499-A

Attachment 2: Proposed changes to Form 499-A Instructions

Attachment 3: Proposed changes to Form 499-Q

Attachment 4: Proposed changes to Form 499-Q Instructions

1 See Universal Service Contribution Methodology; Request for Review of Decision of the Universal Service Administrator by Mark Twain Telephone Company, WC Docket Nos. 10-90, 06-122, Order, DA 22-757, at para. 18 & n.62 (WCB July 15, 2022). The appropriate process for challenging a long standing Commission contribution requirement, is a timely-filed petition for reconsideration or a petition for rulemaking, not a challenge to Instructions to an FCC form clarifying the requirement.

2