FCC Reverses USAC Decision; Directs USAC to Accept Revised FCC Form 499–Q After 45–Day Filing Deadline


In a surprising and rare move, the FCC reversed a decision of the Universal Service Administrative Corporation (“USAC”) to reject a revision to a quarterly FCC Form 499-Q, which was filed outside of the normal 45-day deadline for filing revisions. The FCC reached this unprecedented “flip-flop” decision despite having reached the direct opposite result just last year in a case with remarkably similar facts. In 2007, the FCC rejected several requests for waiver of the 45-day filing deadline. Yet, on the basis that “excessive harm” would occur to Aventure Communications Technology, LLC (“Aventure”) in the absence of the requested relief, and further characterizing Aventure’s case as “unique,” the FCC found that good cause existed to waive the 45-day revision window for Aventure, and directed USAC to accept Aventure’s corrected FCC form 499-Q.

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