Registering with the FCC
What is a Form 499?
Who must file Form 499s?
Must service providers register separately with the FCC?
Why is filing Form 499 Important?
How can the CommLaw group assist telecommunications providers with Section 214 applications?
The FCC currently requires all telecommunications service providers who are required to contribute to the various Federal support mechanisms to register with the FCC and file Form 499s on a quarterly and annual basis. These federal support mechanisms include the Universal Service Fund (“USF”), interstate telecommunications relay services (“TRS”), and shared costs of local number portability administration (“LNPA”). While some entities that file the Form 499s may not need to contribute to each of these support and cost recovery mechanisms, in general, all telecommunications carriers and certain additional telecommunications providers must complete and file Form 499s.
All telecommunications service providers that are subject to the universal service contribution obligations are required to file Form 499s. Examples of these telecommunications service providers include long distance resellers, prepaid card providers, wireless providers, Mobile Virtual Network Operators (MVNOs) and interconnected VoIP providers.
The obligation to file Form 499 applies to all telecommunications service providers providing service for a fee to the public, even if the entity only offers interstate telecommunications to a narrow or limited class of users. Service providers that provide interstate telecommunications to entities other than themselves for a fee on a private, contractual basis must also file Form 499s. Recent FCC precedent may also impose filing obligations on some wholesale service providers and IP-transport providers, even if their services are not offered directly to the public.
Some entities, such as those service providers exempt under the FCC’s de minimus exception and services classified as “information services,” may not have to file Form 499s. However, determination of whether a service qualifies for an exemption is complex, particularly in light of shifting FCC precedent. Therefore, all companies who provide communications services should fully understand their contribution obligations before making decisions about how to file Form 499s.
Must service providers register separately with the FCC?
By filing a Form 499, service providers may also satisfy their obligations under section 413 of the Act to designate an agent in the District of Columbia for service of process and their obligations to register with the Federal Communications Commission. However, additional licensing requirements may apply to certain types of service providers. For example, service providers providing telecommunications between the United States and international location must obtain a Section 214 License before provision service.
Why is filing Form 499 Important?
Telecommunications service providers must register with the FCC and file Form 499 before they can begin providing service in the United States. Service providers generally cannot enter into agreements with facilities-based carriers without sucessfully filing a Form 499.
In addition, failure to file a Form 499 or to pay contributions in a timely fashion may subject entities to the enforcement provisions of the Communications Act and any other applicable law. In addition, entities may be billed by Fund administrators for reasonable costs, including interest and administrative costs that are caused by late, inaccurate, or untruthful filing of Form 499 or overdue contributions. Inaccurate or untruthful information contained in Form 499s may lead to prosecution under the criminal provisions of Title 18 of the United States Code.
How can the CommLaw group assist telecommunications providers with Section 214 applications?
The Commpliance Group has helped a wide range of telecommunications service providers navigate the complex regulatory structure governing the Federal contribution mechanisms. Our team of dedicated regulatory consultants has supported both large, multi-national telecommunications companies and small, start-up service providers with licensing and compliance obligations. We understand that many domestic and international companies entering the U.S. telecommunications market are cost conscious and practical in their approach to regulatory matters.
For this reason The Commpliance Group offers low-cost solutions for regulatory filing and compliance. Our primary goal is to develop a lifelong relationship with our clients. We see licensing as a valuable first step in this process. For more information on a FCC Licensing and pricing, please check out the FCC licensing page.
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