Federal Communications Commission DA 20-164 DA 20-164 Released: February 18, 2020 WIRELINE COMPETITION BUREAU RELEASES THE 2020 TELECOMMUNICATIONS REPORTING WORKSHEETS AND ACCOMPANYING INSTRUCTIONS WC Docket No. 06-122 The Wireline Competition Bureau (Bureau) announces the release of the (1) annual Telecommunications Reporting Worksheet, FCC Form 499-A (FCC Form 499-A) and accompanying instructions (FCC Form 499-A Instructions) to be used in 2020 to report 2019 revenues, 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 FCC Form 499-A the revenues they receive from offering service. See 47 CFR §§ 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). The FCC Form 499-A is due on April 1 of each year. See Universal Service Administrative Company Schedule of Filings, https://www.usac.org/service-providers/contributing-to-the-usf/when-to-file/ (last visited Feb. 6, 2020). and (2) quarterly Telecommunications Reporting Worksheet, FCC Form 499-Q (FCC Form 499-Q) and accompanying instructions (FCC Form 499-Q Instructions) to be used in 2020 to report projected and collected revenues on a quarterly basis. 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 FCC Form 499-Q on February 1, May 1, August 1, and November 1 each year. 47 CFR §§ 54.706, 54.711, 54.713. The Bureau has delegated authority to revise the FCC Forms and accompanying instructions to, among other things, ensure “sound and efficient administration of the universal service programs.” 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.”). Consistent with this authority, the Bureau annually revises the Telecommunications Reporting Worksheet Instructions to provide instructions and guidance for complying with existing rules and requirements. See 47 CFR § 54.711(c). The FCC Forms and accompanying instructions are modified based on experience in administering the universal service program and explicit rulings by the Commission. 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). The Bureau sought comment on the proposed revisions by Public Notice. Wireline Competition Bureau Seeks Comment on Proposed Changes to the 2020 FCC Form 499-A, FCC Form 499-Q, and Accompanying Instructions, Public Notice, DA 19-1330 (rel. Dec. 26, 2019). (2020 Form 499 Public Notice) The Bureau submitted a non-substantive revision of the information collection for the FCC Forms and the accompanying instructions (collection 3060-0855) to the Office of Management and Budget (OMB) for approval pursuant to 44 U.S.C.§ 3507 of the Paperwork Reduction Act of 1995. See OMB Website, OMB Control Number History, http://reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=3060-0855 (ICR Reference Number 202002-3060-006) (last visited Feb. 12, 2020). This information collection was approved by OMB on February 11, 2020. See Notice of Office of Management and Budget Action (NOA) (dated Feb. 11, 2020), http://reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=3060-0855 (ICR Reference Number 202002-3060-006) (last visited Feb. 12, 2020). The revisions to the 2020 FCC Forms 499-A and 499-Q and the accompanying instructions, as applicable, are summarized below. The revised FCC Forms and the accompanying instructions are also attached to this Public Notice for informational purposes only and will be available soon on Universal Service Administrative Company’s (USAC) website at https://www.usac.org/service-providers/contributing-to-the-usf/forms-to-file/. Changes to the 2020 FCC Form 499-A and FCC Form 499-Q, where applicable, and instructions: · Date Changes: Dates were updated throughout the FCC Forms and instructions. References to “2019” were changed to “2020” and references to “2018” were changed to “2019.” · Circularity Factor Update: The circularity factor was adjusted and updated in the FCC Form 499-A and the FCC Form 499-Q instructions based upon the quarterly contribution factors. · Traffic Study Submission: Instructions were updated to reflect that providers are no longer required to file quarterly the traffic studies relied on to report interstate revenues on the FCC Form 499-Q. · Deletion of References to SMS and MMS Messaging Services: References to text messaging were deleted to conform to a recent Commission decision classifying text messaging as an information service. · Clarifications and Stylistic Changes: In a number of instances, additional clarifications were made, and minor stylistic changes, such as typos and spacing, were corrected in the FCC Forms 499-A and 499-Q instructions, without changing the substance. Updates to the 2020 FCC Form 499-A Instructions: · Page 15 was updated to clarify that filers who fail to submit, upon request, documentation supporting their Forms 499 are subject to enforcement provisions of the Act and other applicable law, as well as administrative penalties. · Page 28 was updated to clarify that all amounts that filers receive as universal service support may be reported on line 308. In addition to the updates proposed in the 2020 Form 499 Public Notice, in the updated 499-A Instructions we implement proposed revisions filed by US Telecom, which make permissive the reporting of universal service support amounts on Line 308, for the reasons stated by US Telecom. See Comments of US Telecom—The Broadband Association on Form 499-A Instructions, WC Docket No. 06-122, filed January 27, 2020. ***************** 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 fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). For further information, please contact Claudia Fox, Telecommunications Access Policy Division, Wireline Competition Bureau, at claudia.fox@fcc.gov or at (202) 418-1527, or (202) 418-0484 (TTY). Attachments: Attachment 1: 2020 FCC Form 499-A Attachment 2: 2020 FCC Form 499-A Instructions Attachment 3: 2020 FCC Form 499-Q Attachment 4: 2020 FCC Form 499-Q Instructions – FCC – 3