Federal Communications Commission                                 FCC 07-81
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Federal-State Joint Board on Universal Service
Proposed Fourth Quarter 2004
Universal Service Contribution Factor
AT&T Petition for Declaratory Ruling Regarding
Enhanced Prepaid Card Services
WilTel Communications, LLC
Expedited Petition to Reduce or Adjust the 
Proposed Fourth Quarter Contribution Factor
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CC Docket No. 96-45
WC Docket No. 03-133
ORDER
Adopted:  May 9, 2007  Released:  May 11, 2007
By the Commission:
1. In this Order (Order), pursuant to section 1.429 of the Commission’s rules,1 we dismiss the
Expedited Petition to Reduce or Adjust the Proposed Fourth Quarter Contribution Factor filed by WilTel 
Communications, LLC (“WilTel”).2 Specifically, we find that the Petition was untimely filed.  
2. Section 54.709 of the Commission’s rules directs the universal service fund (USF) 
Administrator (i.e., the Universal Service Administrative Company or USAC), to provide the 
Commission, on a quarterly basis, with projections of the demand for the universal service support 
mechanisms and the contribution base.3 The Commission uses that information to determine the quarterly 
contribution factor for the USF.4 Section 54.709 further states that the Commission will announce the 
quarterly contribution factor for USF in a Public Notice that is made available on the Commission's 
website.5 As stated in the public notices, the Commission has 14 days to review program demand 
projections and the contribution base projections and make modifications as it deems necessary to serve 
the public interest.6 After the 14 days, the projections and contribution factors are be deemed approved 
by the Commission, unless the Commission determines that changes are warranted.7 After the projections 
  
1 Section 1.429 of the Commission’s Rules and section 405 of the Communication Act of 1934, as amended (the 
Act), state that petitions for reconsideration must be filed within 30 days of public notice of a Commission decision.  
See 47 C.F.R. § 1.429; 47 U.S.C. § 405.
2 See Wiltel Expedited Petition to Reduce or Adjust the Proposed Fourth Quarter Contribution Factor, CC Docket 
No. 96-45; WC Docket No. 03-133 (filed Sept. 22, 2004) (WilTel Petition).
3 47 C.F.R. § 54.709(a)(3).
4 Id.
5 Id.   
6 See e.g., Proposed First Quarter 2007 Universal Service Contribution Factor, CC Docket No. 96-45, Public 
Notice, 21 FCC Rcd 14427 (2006).
7 47 C.F.R. § 54.709.
Federal Communications Commission                                 FCC 07-81
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are approved, USAC calculates and applies the quarterly contribution factor to determine each entity's 
contribution and bill and collect contributions from contributors.8 The Public Notice, therefore, operates 
as the instrument through which the Commission provides all interested parties, including recipients and 
contributors, notice of both the size (projected demand) and cost (contribution factor) of USF on a 
quarterly basis.
3. In its Petition, WilTel contends that the Bureau’s proposed contribution factor does not meet 
the requirement in section 254 of the Act that contributions to the USF be equitable and 
nondiscriminatory.9 Specifically, WilTel raises concerns regarding individual contributor compliance 
with the Fund’s contribution requirements, citing a then-pending AT&T petition for declaratory ruling as 
an example of non-compliance.10 WilTel also claims that the “enhanced” services distinction in the 
contribution mechanism was resulting in lower revenues being reported by contributors willing to take an 
“aggressive” legal position on what services are encompassed in that term.11  
4. Although the petitioner’s request is styled as a Petition to Adjust or Reduce the Contribution 
Factor, WilTel does not dispute whether the projected demand and contribution factor were calculated in 
compliance with the Commission’s rules,12 or any other aspect of the Public Notice itself.  Rather, the 
petition seeks reconsideration of the manner in which the Commission determines the amount of and 
collects USF contributions.13 As such, we find the petitioner’s request is more appropriately considered a 
Petition for Reconsideration of the Commission’s methodology for calculating and collecting USF 
contributions set forth in the 1997 Universal Service Order.14 That Order was adopted on May 8, 1997.  
Petitions for Reconsideration would have been timely filed by June 8, 1997.  Therefore, petitioner’s 
request was not timely filed, and is hereby dismissed.
5. Accordingly, IT IS ORDERED, pursuant to the authority contained in sections 1 through 4 
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and pursuant to 
47 C.F.R. § 1.429, that the Petition to Reduce or Adjust the Proposed Fourth Quarter Contribution Factor 
IS DISMISSED.
  
8 Id.
9 See WilTel Petition at 3 (citing 47 U.S.C. §§ 254(a)(4)(sic) and (d) of the Act; the appropriate sections are 
254(b)(4) and (d)). 
10 See WilTel Petiton at 3, 5 (citing AT&T Petition for Declaratory Ruling Regarding Enhanced Prepaid Calling 
Card Services, WC Docket No. 03-133 (filed May 15, 2003) (AT&T Petition)). 
11 See WilTel Petition at 7 (suggesting that carriers can take “aggressive” legal positions on interpreting contribution 
payment requirements without penalty from the Commission).
12 See 47 C.F.R. § 54.709.
13 E.g., WilTel states that “discrimination in the collection of USF contribution unfairly burdens some 
telecommunications customers at the expense or others.”  Id. at 2.  See also id. at 4 (stating that the USF contribution 
factor is discriminatory because “[t]he revenue assumptions reflect the self-reporting of the service providers, right 
or wrong”).  
14 See generally Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC 
Rcd 8776 (1997), as corrected by Federal-State Joint Board on Universal Service, Erratum, 12 FCC Rcd 8776 (1997), 
and Erratum, 13 FCC Rcd 24493 (1997), aff'd in part, rev’d in part, remanded in part sub nom, Texas Office of Public 
Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied, 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 
(2000) (1997 Universal Service Order).
Federal Communications Commission                                 FCC 07-81
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6. IT IS FURTHER ORDERED that, pursuant to section 1.103 of the Commission’s Rules, 47 
C.F.R. § 1.103, this Order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary