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 Statement  of  Commissioner  Michael  Copps, 
 Concurring 


 Re:  McLeodUSA  Telecommunications  Services,  Inc.,  Application  for  Review 
 The  Commission  today  addresses  a  situation  in  which  a  company  mailed  the  regulatory  fees  it  owed  to  the  Commission  five  days  prior  to  the  deadline.  The  check  was 
 processed  one  day  after  the  deadline,  and  for  this  one  day,  McLeodUSA  was  penalized  over  $90,000  –  a  25  percent  penalty.  I  concur  in  the  decision  because  the  statute  and  our 
 rules  require  such  a  penalty.  I  am  disappointed,  however,  that  the  Commission  does  not  seek  comment  on  approaches  that  could  address  such  situations  in  the  future.  For 
 example,  the  FCC  bases  the  deadline  for  its  schools  and  libraries  universal  service  program  on  the  postmark  date  of  the  filing.  The  IRS  uses  a  similar  method  for  payment 
 of  taxes.  Using  the  postmark  date  or  some  other  alternative  might  better  take  into  account  those  who  are  located  further  away  or  who  face  unforeseen  delays  in  mail 
 delivery  that  are  beyond  their  control. 
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