Federal Communications Commission FCC 12-4
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Universal Service Contribution Methodology ) WC Docket No. 06-122
)
Application for Review of a Decision by the )
Wireline Competition Bureau by inContact, Inc. )
MEMORANDUM OPINION AND ORDER
Adopted: January 5, 2012 Released: January 5, 2012
By the Commission:
1. The Commission has before it an Application for Review filed on June 7, 2010 by
inContact, Inc. ("inContact").' inContact seeks review of an order2 by the Wireline Competition Bureau
(the "Bureau") denying a request for review of a decision by the Universal Service Administrative
Company ("USAC").3 The Bureau found that inContact's request was procedurally defective because it
was filed more than sixty days after USAC's decision.4
2. Upon review of the Application for Review and the entire record, we conclude that
inContact has failed to demonstrate that the Bureau erred. The Bureau properly decided the matters
raised, and we uphold its decision for the reasons stated in its Order.5 To the extent that the Application
for Review raises new arguments not previously presented to the Bureau, those arguments are barred by
section 1.115(c) of the Commission's rules.6
1 Application for Review of Order of Wireline Competition Bureau by inContact, Inc., WC Docket No. 06-122 (filed
June 7, 2010) (Application for Review).
2 Universal Service Contribution Methodology; Request for Review by in Contact, Inc. of a Decision by Universal
Service Administrator, 25 FCC Rcd 4739 (Wireline Comp. Bur. 2010) (Order).
Petition for Special Relief and Waiver by inContact, Inc. of a Decision of Universal Service Administrator (filed
Apr. 13, 2009). Although inContact framed its filing as a petition for special relief and waiver, as noted in the
Order, the petition is actually a request for review of an action taken by USAC pursuant to sections 54.719 through
54.725 of the Commission's rules. See 47 C.F.R. § 54.719-54.725, For purposes of 47 C.F.R. § 54.720, USAC's
invoice is a decision by the Administrator. See Federal-State Joint Board on Universal Service, Request for Review
by Big River Telephone Company, LLC, Order, 22 FCC Rcd. 4974, 4976, at n. 17 (Wireline Comp. Bur. 2007).
Order, 25 FCC Rcd at 4739 (citing 47 C.F.R. § 54.720(a), which requires that a request for review of a USAC
decision must be filed within sixty days of the decision). inContact also requested a waiver of what it understood to
be Commission "rules requiring contributors to first dispute USAC's assessments with USAC, before seeking
review by the Commission." The Bureau noted there is no such requirement, and therefore dismissed as moot
inContact's request for waiver. See Id.
The Order provides, at paragraph 1, that inContact' s request for review is "den[ied] as procedurally defective" and,
at paragraph 4, that the request for review is "denied." Similarly, at paragraphs 1 and 3, the Order provides that
inContact's request for waiver is "den[ied] as moot." We note that paragraphs 1, 3, and 4 should have stated that the
request for review or request for waiver is "dismissed." The proper term (dismissal) is used in paragraph 5 of the
Order.
647 C.F.R. § 1.115(c).
Federal Communications Commission FCC 12-4
3. ACCORDINGLY, IT IS ORDERED that, (1) the Application for Review BE
DISMISSED, pursuant to 47 C.F.R. § 1.115(c) to the extent that it relies on questions of fact or law not
previously presented to the Bureau, and (2) the Application for Review otherwise BE DENIED, pursuant
to section 5(c)(5) of the Communications Act of 1934, as amended, 47 U.S.C. § 155(c)(5), and section
1.115(g) of the Commission's rules, 47 C.F.R. § 1.115(g).
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
2