Federal Communications Commission DA 10-1025
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Petition for Waiver of Universal Service High-Cost 
Filing Deadline
Federal-State Joint Board on Universal Service
CTC Telecom, Inc. d/b/a Snake River PCS
Petition for Waiver of Deadline in 47 C.F.R.
54.314(d)(6)
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WC Docket No. 08-71
ORDER
Adopted:   June 4, 2010 Released:   June 4, 2010
By the Chief, Wireline Competition Bureau:
I. INTRODUCTION
1. In this order, we grant a request filed by CTC Telecom, Inc. d/b/a Snake River PCS 
(CTC) for waiver of the universal service high-cost support filing deadline set forth in section 
54.314(d)(6) of the Commission’s rules.1 For the reasons discussed below, we find that CTC has 
demonstrated that there is good cause to grant the requested waiver.
II. BACKGROUND
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 and such 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 CTC Telecom, Inc. Petition for Waiver of Deadline in 47 C.F.R. 54.301(d)(6), WC Docket No. 08-71 (filed Dec. 
17, 2009) (CTC Petition); 47 C.F.R. § 54.314(d)(6). 
2 47 U.S.C. § 254(e).
3 Id.
4 See, e.g., 47 C.F.R. §§ 54.301(b) and (e)(1) (data filings requirements for Local Switching Support), 54.307 
(competitive ETC line count filing requirements for Interstate Common Line Support (ICLS) and other high-cost 
support), 54.313 (state certification requirements regarding the use of high-cost support by non-rural carriers), 
54.314 (state certification requirements regarding the use of high-cost support by rural carriers), 54.802(a) (ETC line 
count filing requirements for Interstate Access Support (IAS)), 54.809 (carrier certification requirements regarding 
the use of IAS), 54.903 (data filing requirements for ICLS), 54.904 (carrier certification requirements regarding the 
use of ICLS).
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3. Pursuant to section 54.314(a) of the Commission’s rules, state commissions must file an 
annual certification with the Universal Service Administrative Company (USAC) and with the 
Commission stating that all universal service high-cost support received by rural carriers and competitive 
ETCs serving lines in a rural carrier’s service area within the state will be used “only for the provision, 
maintenance, and upgrading of facilities and services for which the support is intended.”5 This 
certification must be filed by October 1 of the preceding calendar year for support to begin in the first 
quarter of a subsequent calendar year.6 A newly designated ETC is eligible to receive high-cost support 
as of the effective date of its ETC designation if the state commission files the certification within 60 days 
of the effective date of the carrier’s ETC designation.7 If the state commission does not file the 
certification within 60 days, the ETC will receive support on a going-forward basis from the date the 
certification was filed.8  
4. CTC’s Petition for Waiver.  On December 17, 2009, CTC requested a waiver of the 60-
day certification filing deadline to allow CTC to receive universal service high-cost support as of the 
effective date of its designation as an ETC.9 The Idaho Public Utilities Commission (IPUC) designated 
CTC as an ETC on July 24, 2009.10 Therefore, the IPUC should have filed a certification for CTC no 
later than September 23, 2009, to enable CTC to receive high-cost support retroactive to the effective date 
of CTC’s ETC designation.11 The IPUC, however, did not file the 2009 certification until February 1, 
2010.12 CTC argues that a waiver is warranted because the IPUC’s mistake caused it to lose support.13
III. DISCUSSION
5. We find that CTC has demonstrated that there is good cause to waive section 
54.314(d)(6) of the Commission’s rules.14 Consistent with precedent, we find that good cause exists to 
  
5 47 C.F.R. § 54.314(a).  The certification requirement for non-rural carriers is set forth in section 54.313 of the 
Commission’s rules.  47 C.F.R. § 54.313.  
6 47 C.F.R. § 54.314(d)(1).  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, by April 1 for support to begin in the third quarter, and 
by July 1 for support to begin in the fourth quarter
7 See 47 C.F.R. § 54.314(d)(6); see also Federal-State Joint Board on Universal Service, Report and Order, CC 
Docket No. 96-45, 20 FCC Rcd 6371, 6411, para. 92 (2005) (ETC Designation Order).
8 ETC Designation Order, 20 FCC Rcd at 6411, para. 92.
9 CTC Petition at 1; 47 C.F.R. § 54.314(d)(6).  The Wireline Competition Bureau sought comment on the petition on 
January 12, 2010.  See Comment Sought on the CTC Telecom, Inc. Petition For Waiver of a Universal Service High-
Cost Filing Deadline, WC Docket No. 08-71, Public Notice, 25 FCC Rcd 163 (Wireline Comp. Bur. 2010).  No 
comments were filed in opposition to the petition.  U.S. Senators Mike Crapo and James Risch filed a letter in 
support of the petition.  See Letter from Sens. Mike Crapo and James Risch, to Ms. Marlene H. Dortch, FCC, and 
Ms. Karen Majcher, USAC, WC Docket No. 08-71 (filed Feb. 19, 2010).
10 CTC Petition at 1.
11 While CTC states that it missed the filing deadline, in this instance, the IPUC was responsible for filing the 
certification.  See 47 C.F.R. § 54.314(a).
12 Letter from Grace Seaman, Utilities Analyst, IPUC, to Marlene H. Dortch, Secretary, FCC, CC Docket Nos. 96-
45 and 00-256 (filed Feb. 1, 2010).
13 Id.  
14 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 
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. 
(continued. . .)
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grant a waiver when the missed filing deadline and the subsequent loss of support was due to state 
commission action, as opposed to actions of the carrier.15 The IPUC has made the necessary certification, 
albeit untimely.  Although we are granting a waiver of section 54.314(d)(6) of our rules in this case and 
conclude that CTC should be allowed to receive federal high-cost universal service support as of the date 
of its ETC designation, we remind the IPUC that, in subsequent program years, it should take steps to 
ensure that all applicable certifications necessary to secure federal high-cost support are filed with the 
Commission and USAC before the expiration of the applicable filing deadline.  In addition, we remind 
CTC of its independent responsibility to review and understand the Commission’s rules so it is in a 
position to ensure that submissions are filed in a timely manner.16
6. We remind all filers that it is their responsibility to review and understand the 
Commission’s rules to ensure that their complete and accurate filings are timely received in the 
appropriate places, regardless of the time and method of their filings.17 Filers now have many options by 
which to file, including U.S. Mail, other sources of commercial delivery, facsimile, and electronic mail 
(e-mail).  For instance, any filer receiving funding from the high-cost universal service support 
mechanism 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 their 
filings are timely received.
(Continued from previous page)    
1969); Northeast Cellular, 897 F.2d at 1166.  Waiver of the Commission’s rules is appropriate only if both (i) 
special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.  
NetworkIP, LLC v. FCC, 548 F.3d 116, 125-128 (D.C. Cir. 2008); Northeast Cellular, 897 F.2d at 1166.
15 See, e.g., West Virginia Public Service Commission Request for Waiver of State Certification Requirements for 
High-Cost Universal Service Support For Non-Rural Carriers, CC Docket No. 96-45, Order, 16 FCC Rcd 5784, 
5786, para. 7 (2001) (granting a waiver of a section 54.313(c)(2)(i) deadline to accept a certification filed by the 
West Virginia Commission after the filing deadline); Illinois Commerce Commission’s Petition for Waiver and 
Leave to File Certification of Eligible Telecommunications Carrier Out-of-Time; Farmers Mutual Telephone 
Company Petition for Waiver of Section 54.314(d) Filing Deadlines for Submission of State Certification of Federal 
High-Cost Support for a Rural Carrier; Petition of the Wyoming Public Service Commission for Waiver of Filing 
Deadline for Rate Comparability Certification Pursuant to 47 C.F.R. § 54.313(d)(3), CC Docket No. 96-45, Order, 
23 FCC Rcd 6664 (Wireline Comp. Bur. 2008) (granting waivers of sections 53.313(d) and 54.314(d) deadlines 
where the state commissions filed certifications after the deadlines and inadvertently omitted a carrier from a 
certification).
16 See, e.g., Petition for Waiver of Universal Service High-Cost Filing Deadlines, Etex Telephone Cooperative 
Petition for Waiver of Deadline in 47 C.F.R. 54.301(b) Petition for Waiver of Universal Service High-Cost Filing 
Deadline, WC Docket No. 08-71, Order, DA 10-767, para. 7 (Wireline Comp. Bur., rel. May 5, 2010); Federal-State 
Joint Board on Universal Service, The Georgia Public Service Commission Request for Leave to File an Addendum 
to its State Certification of Federal Universal Service Support Eligibility Out-Of-Time, WC Docket No. 08-71, CC 
Docket No. 96-45, Order, DA 10-749, para. 6 (Wireline Comp. Bur., rel. Apr. 29, 2010); San Isabel Telecom, Inc. 
Petition for Waiver of Deadlines of Section 54.314(d) of the Commission's Rules, Petition for Waiver of Deadlines 
in Section 54.307(c) of the Commission's Rules, CC Docket No. 96-45, Order, 21 FCC Rcd 14941, 14945, para. 10 
(Wireline Comp. Bur. 2006); South Slope Cooperative Telephone Company request for Waiver of Filing Deadline 
for High-Cost Universal Service Support, CC Docket No. 96-45, Order, 19 FCC Rcd 17493, 17494, para. 4 
(Wireline Comp. Bur. 2004).
17 See supra note 16.
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III. ORDERING CLAUSES
7. 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.
8. IT IS FURTHER ORDERED that the petition for waiver of section 54.314(d)(6) of the 
Commission’s rules, 47 C.F.R. § 54.314(d)(6), filed by CTC Telecom, Inc. IS GRANTED.
9. 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
Sharon E. Gillett
Chief
Wireline Competition Bureau