Federal Communications Commission DA 21-1237 DA 21-1237 Released: October 1, 2021 WIRELINE COMPETITION BUREAU RELEASES THE 2022 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 2022 to report 2021 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 Oct. 1, 2021). 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 2022 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 2022 FCC Form 499-A, FCC Form 499-Q, and Accompanying Instructions, Public Notice, DA 21-785 (rel. July 1, 2021) (2022 Form 499 Public Notice). The Bureau submitted an extension without change 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 202108-3060-015) (last visited Oct. 1, 2021). This information collection was approved by OMB on September 16, 2021. See Notice of Office of Management and Budget Action (NOA) (dated Sept. 16, 2021), http://reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=3060-0855 (ICR Reference Number 202108-3060-015) (last visited Oct. 1, 2021). The revisions to the 2022 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 the Universal Service Administrative Company’s (USAC) website at https://www.usac.org/service-providers/contributing-to-the-usf/forms-to-file/. Changes to the 2022 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 “2021” were changed to “2022” and references to “2020” were changed to “2021.” · Clarifications and Stylistic Changes: In a number of instances, additional non-substantive clarifications and minor stylistic changes, such as correcting typographical errors and spacing, are also made. Updates to the 2022 FCC Form 499-A Instructions: · Page 7 is updated to clarify that a de minimis provider may still have an indirect contribution obligation through Universal Service Fund (USF) pass-through fees assessed by an underlying wholesale provider. · Pages 8-9 are updated to clarify that even if systems integrators do not have a USF contribution obligation, they may have an obligation to file the Form 499-A if they have an obligation to contribute to other support mechanisms (Telecommunications Relay Services, North American Numbering Plan, or Local Number Portability Administration). Based on comments submitted in response to the 2022 Form 499 Public Notice, the Bureau slightly modified the originally proposed language to more accurately reflect the filing requirements of systems integrators, otherwise the revisions proposed in the Public Notice remain unchanged. · Page 14 is updated to clarify that traffic studies also include international revenues. · Pages 24 and 29 are updated to clarify that non-USF revenues received as support from the federal or state governments may be reported on Line 308, including from programs such as the Emergency Connectivity Fund, Emergency Broadband Benefit Program, and the COVID-19 Telehealth Program. · Page 34 is updated to clarify that any charge identified on a bill as recovering contributions to state universal service support mechanisms must be shown on Line 403 and included in column (a) in the total. · Page 34 is updated to clarify that Line 418 includes revenue from the provision of broadband transmission service offered on a common-carrier basis by rate-of-return carriers that are exempt from contribution obligations on those services pursuant to Commission order. · Page 39 is updated to clarify that reseller certifications must be signed by an employee of the customer rather than a third-party representative or consultant. · Page 41 is updated to clarify how filers should report good-faith estimates of interstate and international revenues, consistent with USAC’s E-file system configuration requirements, which does not support figures reported in percentages. · Page 42 is updated to clarify that a safe harbor can be applied to revenues reported on Line 311. · Page 51 is updated to provide an active link for other common filing requirements for telecommunications carriers and other providers of interstate telecommunications. Changes to the 2022 Form 499-Q Instructions: · Circularity Factor Update: The circularity factor is updated in the Form 499-Q instructions based upon the quarterly contribution factors subsequent to the Fourth Quarter 2021 contribution factor announcement. ***************** 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 Veronica Garcia-Ulloa, Telecommunications Access Policy Division, Wireline Competition Bureau, at Veronica.Garcia-Ulloa@fcc.gov or at (202) 418-0481. Attachments: Attachment A: 2022 FCC Form 499-A Attachment B: 2022 FCC Form 499-A Instructions Attachment C: 2022 FCC Form 499-Q Attachment D: 2022 FCC Form 499-Q Instructions - FCC - 2