DOW Management Co., Inc. (“DOW”) filed a Request for Review of a USAC audit decision on June 30.  In its request, DOW argues that USAC exceeded its authority in finding that because DOW qualified for the Limited International Revenue Exemption (“LIRE”), any cost recovery related to international services violated FCC truth-in-billing and cost recovery rules in the first instance.  USAC’s decision could effectively prohibit carriers that might qualify for the LIRE from recovering USF costs via a separate line item on customer invoices.  DOW also argues that USAC’s interpretation improperly extends truth-in-billing requirements to interconnected VoIP Services.  Finally, DOW argues that USAC exceeded its authority by recommending that DOW refund collected pass-through surcharges, including amounts remitted to the Fund.

On July 2, the FCC released a Public Notice seeking comment on DOW’s Request for Review.  The Public Notice establishes July 10 as the deadline for comments and July 15 for the deadline for reply comments.  If you have questions about the FCC’s Public Notice or would like to submit comments, please comment Linda G. McReynolds at 703-714-1318 or by email: lgm@commlawgroup.com.