Federal Communications Commission DA 07-1338 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service National Exchange Carrier Association, Inc. Proposed Modifications of 2000, 2001, 2002, 2003, 2004, and 2005 Average Schedule Universal Service Formulas ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 ORDER Adopted: March 16, 2007 Released: March 16, 2007 By the Acting Deputy Chief, Wireline Competition Bureau: 1. The National Exchange Carrier Association (NECA) files annually a proposed formula for calculating high-cost loop support for average schedule members of the common line pool.1 The Wireline Competition Bureau (Bureau)2 issued orders modifying each of NECA’s proposed formulas for the years 2000 through 2005.3 In turn, NECA filed Applications for Review (Applications) or Petitions for Reconsideration (Petitions) of each of the Bureau orders, requesting in each instance that the 1 Average schedule carriers are rate-of-return carriers that do not complete their own annual cost studies, but rather receive pool settlements and high-cost universal service support based on estimates derived from cost studies performed by other carriers and a sample group of average schedule carriers. See 2000 NECA Modification of Average Schedule Universal Service Formulas, National Exchange Carrier Association, Inc., filed Oct. 1, 1999; 2001 NECA Modification of Average Schedule Universal Service Formulas, National Exchange Carrier Association, Inc., filed Oct. 2, 2000; 2002 NECA Modification of Average Schedule Universal Service Formulas, National Exchange Carrier Association, Inc., filed Oct. 1, 2001; 2003 NECA Modification of Average Schedule Universal Service Formulas, National Exchange Carrier Association, Inc., filed Oct. 1, 2002; 2004 NECA Modification of Average Schedule Universal Service Formulas, National Exchange Carrier Association, Inc., filed Oct. 1, 2003; 2005 NECA Modification of Average Schedule Universal Service Formulas, National Exchange Carrier Association, Inc., filed Oct. 1, 2004. 2 The Wireline Competition Bureau was formerly known as the Common Carrier Bureau. For the purposes of this order, the Common Carrier Bureau will be referred to as the Wireline Competition Bureau or the Bureau. 3 National Exchange Carrier Association, Inc. Proposed 2000 Modification of Average Schedule Universal Service Formulas, Order, 15 FCC Rcd 8056 (Com. Car. Bur. 2000); National Exchange Carrier Association, Inc. Proposed 2001 Modification of Average Schedule Formulas, Order, 16 FCC Rcd 25 (Com. Car. Bur. 2000); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, National Exchange Carrier Association, Inc. Proposed 2002 Modification of Average Schedule Formulas, Order, 17 FCC Rcd. 14236 (Wireline Comp. Bur. 2002); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, National Exchange Carrier Association, Inc. Proposed 2002 [sic] Modification of Average Schedule Formulas, Order, 17 FCC Rcd 26204 (Wireline Comp. Bur. 2002) (modifying NECA’s proposed formulas for 2003); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, National Exchange Carrier Association, Inc. Proposed 2004 Modification of Average Schedule Formulas, Order, DA 03-4063 (Wireline Comp. Bur. rel. Dec. 24, 2003); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, National Exchange Carrier Association, Inc. Proposed 2005 Modification of Average Schedule Formulas, Order, 19 FCC Rcd 24998 (Wireline Comp. Bur. 2004). Federal Communications Commission DA 07-1338 2 Commission or the Bureau adopt NECA’s preferred formula.4 On March 9, 2007, NECA submitted a request to withdraw the Applications and Petitions.5 We grant NECA’s request for withdrawal. 2. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, and 254, and the authority delegated under sections 0.91 and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, that the request to withdraw NECA’s Applications for Review and Petitions for Reconsideration related to NECA’s Proposed 2000, 2001, 2002, 2003, 2004, and 2005 Modifications of Average Schedule Formulas IS GRANTED. 3. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154, and 254, and the authority delegated under sections 0.91 and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, that NECA’s Applications for Review and Petitions for Reconsideration related to NECA’s Proposed 2000, 2001, 2002, 2003, 2004, and 2005 Modifications of Average Schedule Formulas ARE DISMISSED WITHOUT PREJUDICE. 4. IT IS FURTHER ORDERED that, pursuant to authority delegated under sections 0.91, 0.291 and 1.102 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.102, this Order SHALL BE EFFECTIVE upon release. FEDERAL COMMUNICATIONS COMMISSION Renée R. Crittendon Acting Deputy Chief Wireline Competition Bureau 4 National Exchange Carrier Association, Inc. Proposed 2000 Modification of Average Schedule Universal Service Formulas, Application for Review, filed April 17, 2000; National Exchange Carrier Association, Inc. Proposed 2001 Modification of Average Schedule Universal Service Formulas, Application for Review, filed Jan. 26, 2001; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, National Exchange Carrier Association, Inc. Proposed 2002 Modification of Average Schedule Formulas, Petition for Reconsideration, filed Aug. 29, 2002; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, National Exchange Carrier Association, Inc. Proposed 2002 Modification of Average Schedule Formulas, Petition for Reconsideration, filed Jan. 27, 2003 (seeking reconsideration of the Bureau’s order modifying NECA’s proposed formula for 2003); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, National Exchange Carrier Association, Inc. Proposed 2004 Modification of Average Schedule Formulas, Petition for Reconsideration, filed Jan. 23, 2004; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, National Exchange Carrier Association, Inc. Proposed 2005 Modification of Average Schedule Formulas, Petition for Reconsideration, filed Jan. 31, 2005. 5 Letter from Richard Askoff, National Exchange Carrier Association, Inc., to Marlene Dortch, Federal Communications Commission, filed March 9, 2007.