Federal Communications Commission DA 09-883
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Petitions for Waiver of Universal Service High-Cost 
Filing Deadlines
Federal-State Joint Board on Universal Service
Grande Communications Networks, Inc.
Petition for Waiver of Sections 54.307(c) and 54.802(a) 
of the Commission’s Rules
Hardy Telecommunications, Inc. Petition for Waiver of 
Sections 54.307(c)(2) and 54.802(a) Applicable to the 
Line Count Submission for High-Cost Loop and 
Interstate Access Support
Petition of iBroadband Network, Inc., d/b/a Cedar 
Valley Communications Section 54.314 of the 
Commission’s Rules
IT&E Overseas, Inc. Petition for Protective Waiver of 
Section 54.314, 54.809, and 54.904 of the Commission’s 
Rules
Petition of the Micronesian Telecommunications 
Company for Waiver of Section 54.314 of the 
Commission’s Rules
Pattersonville Telephone Company Petition for Waiver 
of Section 54.904(d) Carrier Certification for Interstate 
Line Support
Petition of PTI Pacifica Inc. for Waiver of Section 
54.314 of the Commission’s Rules
Texas RSA 8 South Limited Partnership dba Westex 
Wireless Petition for Waiver of Sections 54.307(c)(2), 
54.802(a), and 54.903(a) of the Commission’s Rules
Thumb Cellular, LLC Request for Waiver of the 
December 31, 2007 Filing Deadline for Filing June 30, 
2007 Information with USAC Regarding Interstate 
Common Line Support and Long Term Support
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
WC Docket No. 08-71
CC Docket No. 96-45
Federal Communications Commission DA 09-883
2
ORDER
Adopted:  April 21, 2009 Released:  April 21, 2009
By the Acting Chief, Wireline Competition Bureau:
I. INTRODUCTION
1. In this order, we act on nine requests, filed by Grande Communications Networks, Inc. 
(Grande); Hardy Telecommunications, Inc. (Hardy); iBroadband Network, Inc. d/b/a Cedar Valley 
Communications (iBroadband); ICORE, Inc. on behalf of Pattersonville Telephone Company 
(Pattersonville); IT&E Overseas, Inc. (IT&E); Micronesian Telecommunications Company 
(Micronesian); PTI Pacifica Inc. (Pacifica); Texas RSA 8 South Limited Partnership dba Westex Wireless 
(Westex); and Thumb Cellular, LLC (Thumb Cellular) (collectively, the petitioners), for waivers of 
various high-cost universal service support filing deadlines set forth in sections 54.307, 54.314, 54.802, 
54.809, and 54.904 of the Commission’s rules.1 For the reasons discussed below, we find that the 
petitioners have demonstrated compliance with the Commission’s rules, or that good cause warrants 
waiver of the Commission’s rules.
II. BACKGROUND
A. Applicable Rules
2. Section 254(e) of the Communications Act of 1934, as amended (the Act), provides that 
“only an eligible telecommunications carrier [(ETC)] designated under section 214(e) shall be eligible to 
receive specific Federal universal service support.”2 Support shall be used “only for the provision, 
maintenance, and upgrading of facilities and services for which the support is intended.”3 To implement 
this statutory requirement, the Commission has adopted various certification and data filing 
requirements.4  
  
1 Grande Communications Networks, Inc. Petition for Waiver of Sections 54.307(c) and 54.802(a) of the 
Commission’s Rules, WC Docket No. 08-71 (filed Dec. 31, 2008) (Grande Petition); Hardy Telecommunications, 
Inc. Petition for Waiver of the Sections 54.307(c)(2) and 54.802(a) Applicable to the Line Count Submission for 
High Cost Loop and Interstate Access Support, CC Docket No. 96-45 (filed Dec. 26, 2007) (Hardy Petition); 
Petition of iBroadband Networks Inc., d/b/a Cedar Valley Communications Section 54.314 of the Commission’s 
Rules, CC Docket No. 96-45 (filed Apr. 29, 2008) (iBroadband Petition); Pattersonville Telephone Company 
Petition for Waiver of Section 54.904(d) Carrier Certification for Interstate Common Line Support, CC Docket No. 
96-45 (filed August 8, 2007) (Pattersonville Petition); IT&E Overseas, Inc. Petition for Waiver of Sections 54.314, 
54.809, and 54.904 of the Commission’s Rules, CC Docket No. 96-45 (filed Apr. 4, 2008) (amending IT&E 
Overseas, Inc. Petition for Waiver of Section 54.209 of the Commission’s Rule, CC Docket No. 96-45 (filed Mar. 
31, 2008) (IT&E Petition); Petition of the Micronesian Telecommunications Company for Waiver of Section 54.314 
of the Commission’s Rules, CC Docket No. 96-45 (filed Feb. 8, 2008) (Micronesian Petition); Petition of PTI 
Pacifica Inc. for Waiver of Section 54.314 of the Commission’s Rules, CC Docket No. 96-45 (filed Feb. 8, 2008) 
(Pacifica Petition); Texas RSA 8 South Limited Partnership dba Westex Wireless Petition for Waiver of Sections 
54.307(c)(2), 54.802(a), and 54.903(a), CC Docket No. 96-45 (filed Oct. 26, 2007) (Westex Petition); Thumb 
Cellular, LLC Request for Waiver of the December 31, 2007 Filing Deadline for Filing June 30, 2007 Information 
with USAC Regarding Interstate Common Line Support and Long Term Support, CC Docket No. 96-45 (filed Jan. 
7, 2008) (Thumb Cellular Petition); 47 C.F.R. §§ 54.307, 54.314, 54.802, 54.809, 54.904.  
2 47 U.S.C. § 254(e).  
3 Id.
4 See, e.g., 47 C.F.R. §§ 54.307 (competitive ETC line count filing requirements), 54.313 (certification requirements 
regarding use of high-cost support by non-rural carriers), 54.314 (certification requirements regarding the use of 
Federal Communications Commission DA 09-883
3
3. Pursuant to section 54.307 of the Commission’s rules, a competitive local exchange carrier 
(LEC) designated as an ETC must file with the Universal Service Administrative Company (USAC), 
working line count data according to the following schedule:
(1) No later than July 31st of each year, submit data as of December 31st of the previous 
calendar year;
(2) No later than September 30th of each year, submit data as of March 31st of the 
existing calendar year;
(3) No later than December 30th of each year, submit data as of June 30th of the existing 
calendar year; and
(4) No later than March 30th of each year, submit data as of September 30th of the 
previous calendar year;
in order to receive high-cost support for those quarterly periods.5
4. Pursuant to section 54.314 of the Commission’s rules, state commissions must file an annual 
certification with USAC and the Commission stating that all high-cost support provided to ETCs subject 
to the jurisdiction of that state will be used “only for the provision, maintenance, and upgrading of 
facilities and services for which support is intended.”6 In instances in which carriers are not subject to the 
jurisdiction of a state, the Commission allows an ETC to certify directly to the Commission and USAC 
that federal high-cost support will be used in a manner consistent with section 254(e) of the Act.7 Section 
54.314 of the Commission’s rules provides that the certification must be filed by October 1 of the 
preceding calendar year to receive support beginning in the first quarter of a subsequent calendar year.8 If 
the October 1 deadline for first quarter support is missed, the certification must be filed by January 1 for 
support to begin in the second quarter of the year, by April 1 for support to begin in the third quarter, and 
by July 1 for support to begin in the fourth quarter.9
5. To receive Interstate Access Support (IAS) pursuant to section 54.802 of the Commission’s 
rules, an ETC that is providing service within an area served by a price cap LEC must file certain data 
with USAC to receive funding.10 Specifically, an ETC must submit line count data showing separately 
the number of residential/single-line business lines, and multi-line business lines within its study area on a 
quarterly basis.11 Mandatory line count data are due on the last business day of March, June, September, 
     
high-cost support by rural carriers), 54.802(a) (ETC line count filing requirements for Interstate Access Support 
(IAS)), 54.809 (certification requirements regarding the use of IAS), 54.903 (data filing requirements for Interstate 
Common Line Support (ICLS)), 54.904 (certification requirements regarding the use of ICLS).
5 47 C.F.R. § 54.307(c).
6 47 C.F.R. § 54.314(a).  
7 See 47 C.F.R. § 54.314(b); Federal-State Joint Board on Universal Service, Multi-Association Group (MAG) Plan 
for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange 
Carriers, Fourteenth Report and Order, Twenty-Second Order on Reconsideration and Further Notice of Proposed 
Rulemaking in CC Docket No. 96-45, and Report and Order in CC Docket No. 00-256, 16 FCC Rcd 11244, 11318, 
para. 189 (2001) (Rural Task Force Order).
8 See 47 C.F.R. § 54.314(d). 
9 Id.  
10 47 C.F.R. § 54.802(a).
11 Id.
Federal Communications Commission DA 09-883
4
and December of each year.12 Additionally, pursuant to section 54.809 of the Commission’s rules, an 
ETC must file a certification stating that all IAS received by it will be used only for the provision, 
maintenance, and upgrading of facilities and services for which such support is intended.13 This 
certification must be filed with USAC and the Commission on the date that the ETC first files its line 
count information, and, thereafter, on June 30 of each year.14
6. Similarly, to receive interstate common line support (ICLS) pursuant to section 54.904 of the 
Commission’s rules, an ETC must file a certification stating that all ICLS received by it will be used only 
for the provision, maintenance, and upgrading of facilities and services for which such support is 
intended.15 This certification must be filed with USAC and the Commission on the date that the ETC first 
files its line count information, and, thereafter, on June 30 of each year.16
B. Petitioners Filing the Required Information Shortly After the Applicable Deadline
7. Westex’s Petition for Waiver.  On October 26, 2007, Westex requested a waiver of the 
September 28, 2007, filing deadline established by section 54.802(a) of the Commission’s rules and the 
October 1, 2007, filing deadline established by section 54.307(c)(2) of the Commission’s rules.17 Due to 
an administrative oversight, Westex filed the required data on October 4, 2007, four and three business 
days after the respective deadlines.18 To ensure future filings are timely, Westex has revised its filing 
procedures and will now compile the required data as soon as it is available, set automatic calendar 
reminders to provide notice of filing deadlines, contract with a consulting firm to provide reminders of 
upcoming deadlines, and train another employee to submit filings.19 Westex argues that granting its 
waiver request is in the public interest because no other party would be harmed by the grant, and allowing 
Westex to receive high-cost support would ensure that it is able to deliver quality services in the rural 
  
12 Id.; see also Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Low-Volume 
Long-Distance Users, Federal-State Joint Board on Universal Service, Sixth Report and Order in CC Docket Nos. 
96-262 and 94-1, Report and Order in CC Docket No. 99-249, Eleventh Report and Order in CC Docket No. 96-45, 
15 FCC Rcd 12962, 13060, para. 227 (2000) (CALLS Order), aff’d in part, rev’d in part, and remanded in part, 
Texas Office of Public Utility Counsel, 265 F.3d 313 (5th Cir. 2001).
13 47 C.F.R. § 54.809(a).
1447 C.F.R. § 54.809(c).
15 47 C.F.R. § 54.904(a).
16 See 47 C.F.R. §§ 54.904(a) and (d).  In the MAG Order, the Commission adopted a mechanism for accepting an 
untimely filed ICLS certification, whereby the carrier does not become eligible for ICLS until the second calendar 
quarter after the certification is untimely filed.  See Multi-Association Group (MAG) Plan for Regulation of 
Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers; Federal-
State Joint Board on Universal Service; Access Charge Reform for Incumbent Local Exchange Carriers Subject to 
Rate-of-Return Regulation; Prescribing the Authorized Rate of Return for Interstate Services of Local Exchange 
Carriers; Second Report and Order and Further Notice of Proposed Rulemaking in CC Docket No. 00-256, 
Fifteenth Report and Order in CC Docket No. 96-45, and Report and Order in CC Docket Nos. 98-77 and 98-166, 
16 FCC Rcd 19613, 19688, para. 176 (2001) (MAG Order) (subsequent history omitted).
17 Westex Petition at 1-2; 47 C.F.R. §§ 54.307(c)(2), 54.802(a).  Because September 30, 2007, fell on a Sunday, the 
filing required by section 54.307(c) of the Commission’s rules was due the following business day, Monday, 
October 1, 2007.  47 C.F.R. § 54.307(c)(2).  Although Westex also seeks a waiver of section 54.903 of the 
Commission’s rules, we find that waiver of this rule is not necessary because the October 1, 2007, filing deadline 
Westex missed was established by section 54.307(c) of the Commission’s rules, not section 54.903(a)(2) of the 
Commission’s rules.
18 Westex Petition at 2.
19 Id. at Exh. A, Decl. of Darren J. Patrick, para. 6.  
Federal Communications Commission DA 09-883
5
areas it serves.20 Westex also asserts that its waiver should be granted because it is consistent with 
Commission precedent.21
8. Thumb Cellular’s Petition for Waiver.  On January 18, 2008, Thumb Cellular requested a 
waiver of the December 30, 2007, filing deadline established by section 54.307(c)(3) of the 
Commission’s rules.22 Thumb Cellular asserts that, due to administrative oversight, it did not file the 
required data until January 7, 2008, five business days after the deadline.23 In response to its oversight, 
Thumb has revised its internal filing procedures.24 To ensure that future filings are timely, Thumb 
Cellular will require four employees to verify that quarterly reports are completed and delivered to USAC 
by the applicable filing deadlines.25 Thumb Cellular asserts that good cause exists to grant its waiver 
request because it promptly corrected its error and will revise its internal filing procedures.26 Thumb 
Cellular claims that any loss of high-cost support would “result in service degradation to existing 
customers and more limited service available to potential future customers.”27
9. iBroadband’s Petition for Waiver.  On April 29, 2008, iBroadband requested a waiver of the 
October 1, 2007 annual state certification filing deadline in section 54.314(d)(1) of the Commission’s 
rules.28 iBroadband argues that it filed its affidavit requesting renewal of the annual certification with the 
Texas Public Utility Commission (Texas PUC) on October 1, 2007, the deadline in the Commission’s 
rules, but it missed the Texas PUC’s state deadline of September 1, 2007 for receiving such affidavits.29  
iBroadband was not included in the Texas PUC’s 2007 annual certification, which was timely filed by the 
October 1, 2007 deadline.30 The Texas PUC certified iBroadband as eligible to receive federal universal 
service support on October 25, 2007.31 iBroadband asserts that it was newly-designated as an ETC in 
Texas in June 2007 and this was its first annual certification in Texas.32
  
20 Id. at 4.
21 Id. at 4-6 (citing Citizens/Frontier Order, 20 FCC Rcd 16761; FiberNet LLC, Petition for Waiver of FCC Rule 
Section 54.307(c)(4), CC Docket No. 96-45, Order, 20 FCC Rcd 20316 (Wireline Comp. Bur. 2005) (2005 FiberNet 
Order); MCI, Inc., Petitions for Waiver of Sections 54.802(a) and 54.809(c) of the Commission’s Rules, CC Docket 
No. 96-45, Order, 21 FCC Rcd 14926 (Wireline Comp. Bur. 2006)).
22 Thumb Cellular Petition at 1; 47 C.F.R. § 54.307(c)(2).  Thumb Cellular filed a motion for expedited 
consideration of its waiver request.  See Request for Waiver of the December 31, 2007 Filing Deadline for filing 3rd 
Quarter Information with USAC Regarding Interstate Common Line Support and Long Term Support, CC Docket 
No. 96-45 (filed Jan. 30, 2008) (Thumb Cellular Motion).  Due to the action we take in this order, we dismiss as 
moot the Thumb Cellular Motion.
23 Thumb Cellular Petition at 2.
24 Id. at 2-3.
25 Id.
26 Id. at 3.
27 Id. at 2.
28 iBroadband Petition at 1; 47 C.F.R. § 54.314.  
29 iBroadband Petition at 2.
30 iBroadband Petition at 2; Letter from Pam Whittington, Division Director, Communications Industry Oversight 
Division, Public Utility Commission of Texas, to Marlene H. Dortch, Office of the Secretary, Federal 
Communications Commission, and Karen Majcher, Vice President, High-Cost and Low-Income Division, Universal 
Service Administrative Company, CC Docket No. 96-45 (filed Oct. 1, 2007).
31 See iBroadband Petition at Exh. C (Designation of Common Carriers as Eligible Telecommunications Carriers 
(ETC) to Receive Federal Universal Funds Pursuant to the Federal Communications Commission’s Fourteenth 
Report and Order Adopting a State Certification Process, Docket No. 24481, Order No. 19, 2007 Certification 
Federal Communications Commission DA 09-883
6
C. Petitioners Submitting the Required Information to the Wrong Mailing or E-Mail 
Address
10. Micronesian and Pacifica’s Petitions for Waiver. On February 8, 2008, Micronesian and 
Pacifica separately requested waivers of section 54.314 of the Commission’s rules.33 Micronesian and 
Pacifica state that they missed the October 1, 2007, certification deadline because they mailed the 
certification to USAC’s former address.34 In January 2008, Micronesian and Pacifica learned that USAC 
had not received their certifications and re-sent the required certifications to USAC on January 28, 2008.35  
To ensure that future filings are received by USAC by the applicable deadlines, Micronesian and Pacifica 
have revised their internal filing procedures and now require the personnel responsible for submitting the 
filing to confirm, on the day the filing is submitted, USAC’s mailing address.36 Micronesian and Pacifica 
contend that good cause exists to grant their waiver requests because they submitted the certifications 
before the deadlines, they promptly resubmitted the certifications after learning that USAC had not 
received the initial filings, and it would serve the public interest to grant their waiver requests.37  
Additionally, Micronesian and Pacifica argue that granting their waiver requests is consistent with 
Commission precedent and would not cause any hardship to USAC or to other ETCs.38
11. IT&E’s Petition for Waiver. On March 31, 2008, IT&E requested a waiver of the June 30, 
2007, certification filing deadline established by sections 54.314, 54.809, and 54.904 of the 
Commission’s rules.39 IT&E states that it submitted the certifications prior to the deadline but the 
Commission did not receive the certifications because IT&E sent the certifications, by overnight carrier, 
to the Commission’s headquarters, which is the incorrect address for receipt of overnight delivery 
services other than United States Postal Service deliveries.40 IT&E argues that granting its waiver request 
is in the public interest because IT&E would be able to receive universal service support it could use to 
upgrade its facilities and provide services to rural customers.41
     
Process, Approval of Late-Filed Affidavits for State Certification of Eligible ETC Status to Receive Federal 
Universal Service Support (Texas PUC, Oct. 25, 2007)).
32 iBroadband Petition at 2.
33 Micronesian Petition at 1; Pacifica Petition at 1; 47 C.F.R. § 54.314.
34 Micronesian Petition at 2; Pacifica Petition at 2.  As proof, Micronesian and Pacifica attached signed certified 
mail receipts indicating their mailings were received before the applicable deadline.  See Micronesian Petition at 
Exh. A; Pacifica Petition at Exh. A.
35 Micronesian and Pacifica claim they were not aware they had missed the deadline because their certifications 
were delivered to and signed for by someone at the former USAC address on September 18, 2007.  See Micronesian 
Petition at 2; Pacifica Petition at 2.
36 Micronesian Petition at 6; Pacifica Petition at 6.
37 Micronesian Petition at 4-8; Pacifica Petition at 4-8.
38 Micronesian Petition at 4-8; Pacifica Petition at 4-8 (citing Valor Telecommunications of Texas, L.P. Request for 
Review of Decision of Universal Service Administrator; Petition for Waiver and/or Clarification of Filing Deadline 
in 47 C.F.R. Section 54.802(a), CC Docket No. 96-45, Order, 21 FCC Rcd 249 (Wireline Comp. Bur. 2006) (Valor 
Order).
39 IT&E Petition at 1; 47 C.F.R. §§ 54.314, 54.809, 54.904.  IT&E states that its original certification did not contain 
a sworn affidavit.  IT&E Petition at 3.  IT&E notes that it has submitted the required certification, including a sworn 
affidavit.  Id.
40 IT&E Petition at 2.  IT&E attached a receipt from its overnight carrier indicating that IT&E’s mailing was sent to 
the Commission’s headquarters before the applicable deadlines.  See id. at Exh. 1.
41 Id. at 3-4.
Federal Communications Commission DA 09-883
7
12. Pattersonville’s Petition for Waiver. On August 8, 2007, Pattersonville requested a waiver of 
the June 30, 2007, certification deadline required by section 54.904 of the Commission’s rules.42  
Pattersonville states that it sent the certification to USAC on June 20, 2007, but that USAC did not 
receive the certification because the mailing was returned to Pattersonville despite it containing the 
correct mailing address.43 After ascertaining that it missed the deadline, Pattersonville resubmitted the 
certification to USAC.44
13. Hardy’s Petition for Waiver.  On December 26, 2007, Hardy requested a waiver of the 
September 28, 2007 and September 30, 2007 deadlines for submitting line count data to receive IAS and 
HCLS.45 Hardy asserts that it submitted the required line count data several weeks prior to the deadlines, 
on September 4, 2007, via e-mail, but that its employee inadvertently used the incorrect e-mail address.46  
Instead of submitting the filing to HCLfilings@hcli.universalservice.org, Hardy’s employee inserted an 
extra period between universal service, and e-mailed the filing to 
HCLfilings@hcli.universal.service.org.47  Hardy also states that it did not receive any “bounce back” e-
mail from the incorrect address.48
D. Petitioner Submitting Evidence of Timely Filing
14. Grande’s Petition for Waiver.  On December 31, 2008, Grande requested a waiver of the 
September 30, 2007 deadline for submitting line count data to receive HCLS, LSS, IAS, and ICLS.49  
Grande asserts that it submitted the required line count data to USAC via e-mail prior to the September 
30th deadline, and attached to its petition a copy of an e-mail sent from a Grande employee to USAC on 
September 27, 2007.50 Grande did not receive an e-mail receipt confirmation from USAC until October 
2, 2007, four days after Grande sent its e-mail.51 The USAC e-mail confirmation included a copy of 
Grande’s e-mail, showing a sent date of October 2, 2007.  The sent time displayed on the USAC version 
of the Grande e-mail, however, was 9:48 a.m., indicating that the Grande e-mail was sent thirteen minutes 
after USAC’s e-mail confirming receipt of it, which was sent at 9:35 a.m.52
III. DISCUSSION 
15. We find that Grande submitted its line count information prior to the filing deadline and in 
conformance with the Commission’s rules, and the remaining petitioners have demonstrated that there is 
good cause to waive the applicable sections of the Commission’s rules.53 USAC processes a tremendous 
  
42 Pattersonville Petition at 1; 47 C.F.R. § 54.904. 
43 Pattersonville Petition at 2.  Pattersonville attached a copy of the signed certification and the cancelled and 
returned envelope, showing a postmark date of June 20, 2007, in which it sent the certification to USAC.  See id. at 
Attach.
44 Id. at 2.
45 Hardy Petition at 1; 47 C.F.R. §§ 54.802(a); 54.307(c)(2).
46 Hardy Petition at 4.
47 Id.
48 Id.
49 Grande Petition at 2; 47 C.F.R. §§ 54.307(c)(2); 54.802(a).
50 Grande Petition at 2 and Exh. 1.
51 Id. at 3 and Exh. 2.
52 Id.
53 Generally, the Commission’s rules may be waived for good cause shown.  47 C.F.R. § 1.3.  The Commission may 
exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public 
Federal Communications Commission DA 09-883
8
amount of data each year.  It is, therefore, administratively necessary to require carriers to meet the filing 
deadlines absent special circumstances.54 Although our rules require that data must be received by the 
applicable deadline, we find that petitioners have demonstrated that, in these special circumstances, there 
is good cause to waive the filing deadlines.55 Specifically, we find that waivers are warranted because the 
petitioners either promptly filed the required data and have revised their internal procedures to ensure 
compliance with the Commission’s rules, or made a reasonable and good faith attempt to comply with the 
Commission’s rules before the applicable deadlines.
16. As discussed above, Grande submitted evidence demonstrating that it filed its line count data 
prior to the September 30, 2007 deadline.  Grande also submitted evidence demonstrating that there was 
an error in USAC’s e-mail system regarding receipt of Grande’s filing.  The USAC e-mail indicated that 
Grande’s filing was submitted thirteen minutes after USAC had confirmed receiving it.  We therefore find 
that Grande timely filed its line count data and direct USAC to accept and process this information.
17. iBroadband filed its annual certification request with the state commission by the October 1 
deadline in section 54.314 of the Commission’s rules, but missed the Texas PUC deadline for inclusion in 
the state’s annual certification filing.  We find that good cause exists to waive the October 1, 2007 filing 
deadline in this case because iBroadband complied with that deadline but inadvertently missed the state’s 
prior deadline, causing the state to exclude iBroadband from its October 1, 2007 certification and certify 
iBroadband on October 25, 2007.  After this first experience with the state process, iBroadband is now 
familiar with the state filing requirements.56
18. Westex, and Thumb Cellular promptly filed the required data after discovering that they had 
missed the filing deadlines.  In instances where carriers have filed the required data shortly after filing 
deadlines, the Commission has waived its rules.57  The petitioners filed the required data between three 
     
interest.  Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular).  In 
addition, the Commission may take into account considerations of hardship, equity, or more effective 
implementation of overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 
1969); Northeast Cellular, 897 F.2d at 1166.  Waiver of the Commission’s rules is therefore appropriate only if 
special circumstances warrant a deviation from the general rule, and such deviation will serve the public interest.  
Northeast Cellular, 897 F.2d at 1166.  
54 FiberNet, LLC, Petition for Waiver of Section 54.307(c) of the Commission’s Rules and Regulations, CC Docket 
No. 96-45, Order, 19 FCC Rcd 8202, 8204, para. 5 (Wireline Comp. Bur. 2004).  It is the responsibility of ETCs to 
familiarize themselves with any applicable regulations, and to ensure that filings are timely received. See 47 C.F.R. 
§ 0.406.  See also Citizens/Frontier Order, 20 FCC Rcd at 16763, para. 7.  
55 The Commission sought comment on all of the petitions.  Comment Sought on Petitions for Waiver of Filing 
Deadlines Related to the Universal Service Program, CC Docket No. 96-45, Public Notice, 23 FCC Rcd 2892 
(Wireline Comp. Bur. 2008) (seeking comment on Micronesian and Pacifica’s petitions); Comment Sought on Three 
Separate Petitions Filed by IT&E Overseas, Inc. for Waiver of Sections 54.209, 54.314, 54.809, and 54.904 of the 
Commission’s Rules, CC Docket No. 96-45, Public Notice 23 FCC Rcd 6448 (Wireline Comp. Bur. 2008) (seeking 
comment on IT&E’s petition); Comment Sought on Pattersonville Telephone Company Petition for Waiver of a 
Filing Deadline Related to the Universal Service Program, CC Docket No. 96-45, Public Notice 22 FCC Rcd 
15,273 (Wireline Comp. Bur. 2008) (seeking comment on Pattersonville’s petition); Comment Sought on Petitions 
for Waiver of Filing Deadlines Related to the Universal Service Program, CC Docket No. 96-45, Public Notice, 23 
FCC Rcd 430 (Wireline Comp. Bur. 2008) (seeking comment on Hardy and Thumb Cellular’s petitions); Comment 
Sought on Texas RSA 8 South Limited Partnership d/b/a Westex Wireless Petition for Waiver of Filing Deadline 
Related to the Universal Service Program, CC Docket No. 96-45, Public Notice, 22 FCC Rcd 19373 (Wireline 
Comp. Bur. 2007) (seeking comment on Westex’s petition).
56 iBroadband Petition at 2.
57 See, e.g., Citizens/Frontier Order, 20 FCC Rcd at 16764, para. 9 (waiving filing deadline when the filing was 
submitted two business days after the deadline); 2005 FiberNet Order, 20 FCC Rcd at 20317, para. 6 (waiving filing 
deadline when the filing was submitted five days after the deadline); Northwest Dakota Cellular of North Dakota 
Federal Communications Commission DA 09-883
9
and five business days after the deadline.58 Accordingly, we find that, by filing the required data 
promptly after the applicable filing deadlines, the petitioners promptly remedied their errors. To ensure 
the Commission deadlines are met, these petitioners have revised their filing procedures.59  We note that 
these steps are similar to those taken by other carriers who missed filing deadlines but were granted 
waivers of the missed deadlines.60  In granting other waiver requests, the Commission has found that 
carriers must comply with their commitments to revise their internal procedures to ensure that their filings 
will be accurately and timely submitted.61 Similarly, we rely on these petitioners to fulfill their 
commitments to adhere to their revised filing procedures, and do not expect these petitioners to seek 
similar waivers in the future.  
19. Pattersonville, IT&E, Micronesian, and Pacifica mailed the required certifications to USAC 
and the Commission before the June 30, 2007, and October 1, 2007, deadlines, and resubmitted their 
certifications when they discovered that USAC and the Commission had not received the filings.  Hardy 
e-mailed its line count data several weeks prior to the applicable filing deadline.  In instances where 
carriers have made reasonable and good faith attempts to comply with filing deadlines, the Commission 
has waived its rules.62  Although the Commission’s rules require that filings must be received by the 
applicable deadlines, we find that these petitioners made reasonable and good faith efforts to comply with 
this requirement by mailing the required information in advance of the deadlines to addresses formerly or 
currently used by USAC or the Commission.63 Hardy e-mailed its line count information more than three 
weeks prior to the applicable deadline, and made a minor ministerial error in the e-mail address.  Had the 
incorrect e-mail address triggered a bounce back of Hardy’s e-mail, Hardy would have had ample time to 
re-submit its information to the correct address.  
20. We find that petitioners’ circumstances are unique and emphasize that, going forward, we 
expect petitioners to ensure that the required information is filed with USAC and the Commission by the 
applicable filing deadlines.  We remind carriers that it is their responsibility to ensure that their filings are 
timely received in the appropriate places, regardless of the time and method of their filings.  Carriers now 
have many options by which to file, including U.S. Mail, other sources of commercial delivery, facsimile, 
and e-mail.  For instance, any carrier receiving funding from the high-cost universal support mechanism 
     
Limited Partnership; North Central RSA 2 of North Dakota Limited Partnership; North Dakota RSA No. 3 Limited 
Partnership; Badlands Cellular of North Dakota Limited Partnership; North Dakota 5-Kidder Limited Partnership; 
and Bismarck MSA Limited Partnership Petition for Waiver of Section 54.307 of the Commission’s Rules, CC 
Docket No. 96-45, Order, 21 FCC Rcd 9179, 9181, para. 7 (Wireline Comp. Bur. 2006) (waiving filing deadline 
when the filing was submitted one day after the deadline); Verizon Order, 21 FCC Rcd at 10157, para. 9 (Wireline 
Comp. Bur. 2006) (waiving a filing deadline when the filing was submitted two business days after the deadline); 
AT&T Order, 22 FCC Rcd at 954, para. 4 (waiving filing deadline when the filing was submitted two business days 
after the deadline); NPCR, Inc. Petition for Waiver of Section 54.802(a) of the Commission’s Rules, CC Docket No. 
96-45, Order, 22 FCC Rcd 560 (Wireline Comp. Bur. 2007) (NPCR Order) (waiving filing deadline when the filing 
was submitted one business day after the deadline).
58 Westex Petition at 2; Thumb Cellular Petition at 2.
59 Westex Petition at Exh. A, Decl. of Darren J. Patrick, para. 6; Thumb Cellular Petition at 2-3.
60 See, e.g., AT&T Order, 22 FCC Rcd at 954, para. 5 (instituting e-mail reminders and quarterly reviews by 
management); NPCR Order, 22 FCC Rcd at 563, para. 9 (assigning filing responsibility to a manager). 
61 See, e.g., Citizens/Frontier Order, 20 FCC Rcd at 16764, para. 10; Verizon Order, 21 FCC Rcd at 10158, para. 
10; AT&T Order, 22 FCC Rcd at 954, para. 5; NPCR Order, 22 FCC Rcd at 563, para. 9.
62 See, e.g., Valor Order, 21 FCC Rcd at 250, 252, paras. 4, 9 (waiving filing deadline when the filing was submitted 
before the deadline but to USAC’s former vendor).
63 Pattersonville, IT&E, Micronesian, and Pacifica all submitted exhibits proving that they sent the filings to USAC 
or the Commission’s addresses at least one week before the applicable deadlines.  Pattersonville Petition at 2; IT&E 
Petition at Exh. 1; Micronesian Petition at Exh. A; Pacifica Petition at Exh. A.
Federal Communications Commission DA 09-883
10
may file timely via e-mail at hcfilings@HCLI.universalservice.org.  Additional information regarding 
USAC’s filing procedures and deadlines can be found at http://www.usac.org/hc/tools/filing-
tool/default.aspx.  We encourage filers to use any and all methods they deem necessary to ensure that 
their filings are timely received.  In addition, due to the procedures the petitioners have enacted in 
response to these late filings, we do not expect these petitioners to seek similar waivers in the future.
IV. ORDERING CLAUSES
21. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 5(c), 214, and 254 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 155(c), 214, and 254, and sections 
0.91, 0.291, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that this order IS 
ADOPTED.
22. IT IS FURTHER ORDERED that USAC SHALL ACCEPT the line count data submitted by 
Grande Communications Networks, Inc. as timely filed by the September 30, 2007 deadline.
23. IT IS FURTHER ORDERED that the petition for waiver of sections 54.307(c)(2) and 
54.802(a) of the Commission’s rules, 47 C.F.R. §§ 54.307(c)(2) and 54.802(a), filed by Hardy 
Telecommunications, Inc., IS GRANTED.
24. IT IS FURTHER ORDERED that the petition for waiver of section 54.314 of the
Commission’s rules, 47 C.F.R. § 54.314, filed by iBroadband Network, Inc d/b/a Cedar Valley 
Communications IS GRANTED.
25. IT IS FURTHER ORDERED that the petition for waiver of sections 54.314, 54.809, and 
54.904 of the Commission’s rules, 47 C.F.R. § 54.314, 54.809, 54.904, filed by IT&E Overseas, Inc. IS 
GRANTED.
26. IT IS FURTHER ORDERED that the petition for waiver of section 54.314 of the 
Commission’s rules, 47 C.F.R. § 54.314, filed by Micronesian Telecommunications Corporation IS 
GRANTED.
27. IT IS FURTHER ORDERED that the petition for waiver of section 54.904 of the 
Commission’s rules, 47 C.F.R. § 54.904, filed by ICORE, Inc. on behalf of Pattersonville Telephone 
Company, IS GRANTED.
28. IT IS FURTHER ORDERED that the petition for waiver of section 54.314 of the 
Commission’s rules, 47 C.F.R. § 54.314, filed by PTI Pacifica Inc. IS GRANTED.
29. IT IS FURTHER ORDERED that the petition for waiver of sections 54.307(c)(2) and 
54.802(a) of the Commission’s rules, 47 C.F.R. §§ 54.307(c)(2), 54.802(a), filed by Texas RSA 8 South 
Limited Partnership dba Westex Wireless, IS GRANTED.
30. IT IS FURTHER ORDERED that the petition for waiver of section 54.307(c) of the 
Commission’s rules, 47 C.F.R. § 54.307(c), filed by Thumb Cellular, LLC, IS GRANTED.
31. It IS FURTHER ORDERED that the motion for expedited consideration of request for waiver 
of section 54.307(c) of the Commission’s rules, 47 C.F.R. § 54.307(c), filed by Thumb Cellular, LLC, IS 
DISMISSED AS MOOT. 
Federal Communications Commission DA 09-883
11
32. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s rules, 
47 C.F.R. §§1.102(b)(1), this order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Julie A. Veach          
Acting Chief
Wireline Competition Bureau