Global Crossing Petitions FCC for Review of USAC’s End–User Classification


Global Crossing Bandwidth, Inc. (“Global Crossing”) recently filed a petition with the Federal Communications Commission (“FCC”) challenging USAC’s mandate that wholesale carrier’s are vicariously liable for all USF contributions of resellers if those resellers fail to adequately contribute to the USF. In their Petition for Review, Global Crossing asserts that this vicarious liability – which USAC claims was imposed in the 2005 instructions to Form 499-A – is antithetic to the FCC’s stated policy of imposing USF contribution obligations on “end-users” only; and, because of this, USAC’s unilateral imposition of USF contribution obligations on wholesale carriers for all USF contribution obligations is in direct conflict with the FCC’s stated goals. Global Crossing maintains that this conflict necessarily means that imposition of USF contribution obligations beyond those required under the FCC’s rules is a violation of the APA and is therefore invalid and unlawful.

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