*Pages 1--3 from Microsoft Word - 51737* Federal Communications Commission DA 05- 2484 3 2. We find that due to the property damage, including damage to telecommunications systems, caused by Hurricane Katrina in the Gulf Coast states, carriers and other parties in the affected areas may need additional time in order to complete and file the various USF forms and data that would normally be filed within the next 150 days. In order to avoid prejudice to parties that are unable to timely file due to the disruption caused by Hurricane Katrina, we are temporarily waiving our filing deadlines to allow parties in Louisiana, Mississippi, and Alabama additional time in which to submit the above- listed USF payments, forms and data. Section 1.3 of our rules authorizes the Commission to suspend, revoke, amend, or waive, for good cause shown, a Commission rule. 3 We recognize that carriers and other parties in Louisiana, Mississippi, and Alabama most affected by Hurricane Katrina should not be denied USF payments due to their inability to meet a filing deadline while attempting to restore service to customers and otherwise recover from catastrophic losses. Accordingly, we find that due to this natural disaster, good cause exists for temporarily waiving these procedural rules and that such waiver is in the public interest. 3. We therefore waive our filing rules with respect to the USF forms and data listed above. The temporary waiver is in effect from August 29, 2005 for one hundred and fifty (150) days, until January 26, 2006. All submissions listed above from carriers or other entities in Louisiana, Mississippi, and Alabama due during this 150 day time period will instead be due no later than January 26, 2006. To the extent that carriers in areas most affected by Hurricane Katrina may require additional time to submit the required payments, filings, or data, these carriers should request additional relief from the Wireline Competition Bureau. During this time period, we direct the Universal Service Administrative Company to continue payments under the High Cost program based upon earlier- filed data if the carrier is filing late under this waiver, to consider a late- filed Form 466 as timely filed and make payments for services under the Rural Health Care program, and to waive any other related deadlines that are necessary to effectuate the waiver provided herein, but not specifically mentioned in this Order. In addition, we recognize that some carriers and other entities may have lost relevant records pertaining to their participation in the four universal service mechanisms. Accordingly, we waive the recordkeeping requirements pertaining to those entities and such missing records will not be considered a violation of our recordkeeping requirements. 4 4. Accordingly, IT IS ORDERED, pursuant to sections 4( i), 10, and 251( e) of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 160, and 251( e), and the authority delegated in sections 0.91 and 0.291 of the Commission’s Rules, 47 C. F. R. §§ 0. 91, 0.291 that the Commission’s procedural rules relating to universal service fund submissions are waived to the extent herein described. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Navin Chief, Wireline Competition Bureau 3 47 C. F. R. § 1.3. This rule provides that “[ a] ny provision of the rules may be waived by the Commission on its own motion or on petition if good cause therefore is shown.” Id. 4 See e. g. Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02- 6, Fifth Report and Order and Order, 19 FCC Rcd 15808, 15823- 24, para. 47 (requiring applicants and service providers to retain all records related to the application for, receipt and delivery of discounted services for a period of five years after the last day of service delivered for a particular funding year); 47 C. F. R. § 54. 619. 3