Da 24-622

Federal Communications Commission

45 L Street NE

Washington, DC 20554

P
UBLIC NOTICE

News Media Information 202 / 418-0500

Internet: https://www.fcc.gov

DA 24-622

Released: June 28, 2024

Wireline Competition Bureau Seeks Comment on PROPOSED CHANGES TO THE 2025 FCC FORM 499-A, FCC FORM 499-Q, AND ACCOMPANYING INSTRUCTIONS

WC Docket No. 06-122

Comment Date: July 29, 2024

The Wireline Competition Bureau (Bureau) seeks comment on proposed revisions to the (1) 2025 annual Telecommunications Reporting Worksheet, FCC Form 499-A (Form 499-A) and accompanying instructions (Form 499-A Instructions) to report 2024 revenues,¹ and (2) 2025 quarterly Telecommunications Reporting Worksheet, FCC Form 499-Q (Form 499-Q) and accompanying instructions (Form 499-Q Instructions) to report projected 2025 collected revenues on a quarterly basis.²

The Bureau has delegated authority to revise these FCC forms and accompanying instructions to, among other things, ensure “sound and efficient administration of the universal service programs,”³ and to promote clarity, transparency and predictability.

Redlined versions of the forms and instructions showing proposed changes from the forms and instructions currently in effect are attached to this Public Notice. The proposed revisions to the 2025 Forms 499-A and 499-Q and the accompanying instructions, as applicable, are summarized below:

Changes to the 2025 FCC Form 499-A Instructions:

• Clarifications:

  • Page 14 is updated to clarify that USF statements will no longer be sent via mail, rather, carriers will receive an email notification that their USF statement is ready to be viewed in E-File.

  • Page 15 is updated to clarify that, in the case of an acquisition or merger during the prior calendar year, the successor company must submit the acquired entity’s FCC Form 499-A Worksheet and report all pre-acquisition revenue for that calendar year.

  • Page 19 is updated to clarify that carriers must include an email address for their billing contact person on Line 208.

  • Page 20 is updated to clarify that an email address is required for the designated D.C. Agent for Service of Process.

  • Page 23 is updated to clarify that the successor company rather than the acquiring company is responsible for reporting total revenues for the reporting period for all predecessor operations.

  • Page 54 is updated to note that 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 2024 contribution factor announcement.⁴

Changes to the 2025 Form 499-Q Instructions:

• Circularity Factor Update: Page 5 is updated to note that 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 2024 contribution factor announcement.⁵

• Clarifications:

  • Page 19 is updated to make the certification language in the Form 499-Q instructions consistent with the language in the Form 499-A instructions.

Changes to both the 2025 Form 499-A and Form 499-Q, where applicable, and instructions:

• Date Changes: Dates are updated throughout the Form 499s and instructions. References to “2024” are changed to “2025” and references to “2023” are changed to “2024.”

• 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.

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Interested parties may file comments on or before July 29, 2024.

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.⁶

• Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

• Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.

Filings can be sent by commercial overnight courier or by first-class or overnight U.S. Postal Service mail.⁷ All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission.

• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.

• U.S. Postal Service first-class, Express, and Priority mail must be addressed to 45 L Street, NE, Washington DC 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 [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530.

In addition, we request that one copy of each pleading be sent to each of the following:

1. Conor O’Donovan, Telecommunications Access Policy Division, Wireline Competition Bureau, 45 L Street, NE, Washington, DC 20554; e-mail: conor.o’[email protected]; and

2. Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 45 L Street, NE, Washington, DC 20554; e-mail: charles.tyler@fcc.gov.

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.⁸ Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules.

For further information, please contact Conor O’Donovan, Telecommunications Access Policy Division, Wireline Competition Bureau, at conor.o’[email protected] or (202) 418-1639.

Attachments:

Attachment A: 2025 Form 499-A (Redline Copy)

Attachment B: 2025 Form 499-A Instructions (Redline Copy)

Attachment C: 2025 Form 499-Q (Redline Copy)

Attachment D: 2025 Form 499-Q Instructions (Redline Copy)

-FCC-

1 The Communications Act of 1934 (Act), as amended, requires that the Commission establish mechanisms to fund universal service, interstate telecommunications relay services, the administration of the North American Numbering Plan, and the shared costs of local number portability administration. 47 U.S.C. §§ 151, 225, 251, 254. To accomplish these congressionally-directed objectives, the Commission requires telecommunications carriers and certain other providers of telecommunications (including Voice-over-Internet-Protocol (VoIP) service providers) to report each year on the Form 499-A the revenues they receive from offering service. See 47 CFR §§ 52.17(b), 52.32(b), 54.706, 54.708, 54.711, 64.604(b)(5)(iii)(B). The Form 499-A is due on April 1 of each year. See Universal Service Administrative Company Schedule of Filings http://usac.org/cont/about/when-to-file.aspx.

2 Sections 54.706, 54.711, and 54.713 of the Commission’s rules require all telecommunications carriers providing interstate telecommunications services, interconnected VoIP providers that provide interstate telecommunications, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to the universal service fund and file a Form 499-Q on February 1, May 1, August 1, and November 1 of each year. 47 CFR §§ 54.706, 54.711, 54.713.

3 Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18442, para. 81 (1997) (“Because it is difficult to determine in advance precisely the information that will be needed to administer the new universal service programs, the [Common Carrier, now Wireline Competition] Bureau will have delegated authority to waive, reduce, or eliminate contributor reporting requirements that may prove unnecessary. The Bureau also will have delegated authority to require any additional contributor reporting requirements necessary to the sound and efficient administration of the universal service programs.”). See 47 CFR § 54.711(c). Consistent with this authority, the Bureau annually revises the Telecommunications Reporting Worksheet Instructions to provide direction and guidance for complying with existing rules and requirements. The Form 499s and accompanying instructions are typically modified each year based on experience in administering the universal service program and explicit rulings by the Commission or the Bureau during the preceding reporting period. See, e.g., Universal Service Contribution Methodology et al., WC Docket No. 06-122 et al., Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518, 7533-50, paras. 24-62 (2006).

4 See Federal-State Joint Board on Universal Service, et al., Report and Order and Second Further Notice of Proposed Rulemaking, 17 FCC Rcd 24952, 24971, para. 35 (2002) (2002 Second Contribution Methodology Order and FNPRM).

5 See 2002 Second Contribution Methodology Order and FNPRM, 17 FCC Rcd at 24971, para. 35.

6 See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1999).

7 In response to the COVID-19 pandemic, the FCC has closed its current hand-delivery filing location at FCC Headquarters. We encourage outside parties to take full advantage of the Commission’s electronic filing system. Any party that is unable to meet the filing deadline due to the building closure may request a waiver of the comment or reply comment deadline, to the extent permitted by law. FCC Announces Closure of FCC Headquarters Open Window and Change in Hand Delivery Filing, Public Notice, 35 FCC Rcd 2788 (2020).

8 47 CFR §§ 1.1200 et seq.