1 IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ( In re: FCC 11-161 ( No. 11-9900 ( ERRATUM TO UNCITED JOINT UNIVERSAL SERVICE FUND PRINCIPAL BRIEF The National Association of State Utility Consumer Advocates (“NASUCA”), a Petitioner in the above-captioned proceeding and a participant in the “Uncited Joint Universal Service Fund Principal Brief,” respectfully submits the following erratum to said brief. Footnote 32 on page 60 of the Brief designates certain parties’ non-joinder in certain portions of the Brief. NASUCA’s position is described as: “NASUCA does not join in Sections III, V, VII, VIII and XI.” This is and was incorrect. NASUCA communicated its non-joinder on certain issues in terms of the statement of issues, 1 which were Arabic-numbered in that stage of the draft Brief. 2 Inadvertently, in the filed version of 1 See Brief at 1-3. 2 The issues were listed in the e-mail as “Issue 3, Issue 5, Issue 7, Issue 8, and Issue 11.” Appellate Case: 11-9900 Document: 01018942466 Date Filed: 10/31/2012 Page: 1 2 the Brief, those Arabic-numbered issues were converted to the Roman-numbered sections of the Brief listed in the footnote. NASUCA has determined that the issues as to which it wished to express non-joinder are represented by arguments II.C. and D., IV., V.. VI. and IX in the filed Brief. Therefore, NASUCA respectfully requests that footnote 32 be corrected to read “NASUCA does not join in Sections II.C. and D., IV., V.. VI. and IX.” This correction does not change the substance of any of the arguments in the brief. Thus no party to this appeal can be prejudiced by the correction. Harvey L. Reiter, who submitted the Brief on behalf of the Joint Petitioners, agrees that this correction is appropriate. WHEREFORE, NASUCA respectfully requests that the Court accept this erratum to the Uncited Joint Universal Service Fund Brief. David C. Bergmann Counsel for NASUCA 3293 Noreen Drive Columbus, OH 43221-4568 (614) 771-5979 david.c.bergmann@gmail.com Appellate Case: 11-9900 Document: 01018942466 Date Filed: 10/31/2012 Page: 2 3 CERTIFICATE OF COMPLIANCE Certificate of Compliance With Type-Volume Limitations, Typeface Requirements, Type Style Requirements, Privacy Redaction Requirements, and Virus Scan 1. This filing complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and 10th Cir. R. 32(a) and the type style requirements of Fed. R. App. P. 32(a)(6) because this filing has been prepared in a proportionally spaced typeface using Microsoft Word 2010 in 14-point Bookman Old Style font. 2. All required privacy redactions have been made. 4. This filing was scanned for viruses with AVG Antivirus, updated on October 31, 2012, and according to the program is free of viruses. /s/ David C. Bergmann October 31, 2012 Appellate Case: 11-9900 Document: 01018942466 Date Filed: 10/31/2012 Page: 3 4 CERTIFICATE OF SERVICE I hereby certify that, on October 31, 2012, I caused the foregoing document to be electronically filed with the Court. I also certify this document was furnished through ECF electronic service to all parties in this case through a registered CM/ECF user. This document is available for viewing and downloading on the CM/ECF system. /s/ David C. Bergmann October 31, 2012 Appellate Case: 11-9900 Document: 01018942466 Date Filed: 10/31/2012 Page: 4