Proposed Changes to FCC Form 499-A, FCC Form 499-Q, and Accompanying Instructions, 74010-74013 [2012-29963]
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74010
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
Dated: November 29, 2012.
Louise P. Wise,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
Information on Decision
Information on the final decision for
this transaction will be available in the
‘‘Summary Minutes of Meetings of
Board of Directors’’ on https://
www.exim.gov/articles.cfm/
board%20minute.
[FR Doc. 2012–29904 Filed 12–11–12; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK OF THE
UNITED STATES
[Public Notice: 2012–0546]
Application for Final Commitment for a
Long-Term Loan or Financial
Guarantee in Excess of $100 million:
AP087613XX
Export-Import Bank of the
United States.
ACTION: Notice.
AGENCY:
This Notice is to inform the
public, in accordance with Section
3(c)(10) of the Charter of the ExportImport Bank of the United States (‘‘ExIm Bank’’), that Ex-Im Bank has received
an application for final commitment for
a long-term loan or financial guarantee
in excess of $100 million (as calculated
in accordance with Section 3(c)(10) of
the Charter). Comments received within
the comment period specified below
will be presented to the Ex-Im Bank
Board of Directors prior to final action
on this Transaction.
Reference: AP087613XX.
SUMMARY:
and parts will be closed to the public.
In order to increase the accessibility to
Board meetings, persons requiring
assistance should make arrangements in
advance. The matters to be considered
at the meeting are:
Confidential Information
Please note that this notice does not
include confidential or proprietary
business information; information
which, if disclosed, would violate the
Trade Secrets Act; or information which
would jeopardize jobs in the United
States by supplying information that
competitors could use to compete with
companies in the United States.
DATES: Comments must be received on
or before January 7, 2013 to be assured
of consideration before final
consideration of the transaction by the
Board of Directors of Ex-Im Bank.
ADDRESSES: Comments may be
submitted through Regulations.gov at
WWW.REGULATIONS.GOV. To submit
a comment, enter EIB–2012–0048 under
the heading ‘‘Enter Keyword or ID’’ and
select Search. Follow the instructions
provided at the Submit a Comment
screen. Please include your name,
company name (if any) and EIB–2012–
0048 on any attached document.
Approval of Minutes
• November 8, 2012
Open Session
New Business
• Farmer Mac Capital Planning—
Proposed Rule
Reports
• Quarterly Report on Office of
Examination Operations, Economic
Conditions Affecting the Farm Credit
System (FCS), and FCS Condition and
Performance
Closed Session*
Reports
• Office of Examination Supervisory
and Oversight Activities Report
Date: December 7, 2012.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2012–30036 Filed 12–10–12; 11:15 am]
BILLING CODE 6705–01–P
FEDERAL COMMUNICATIONS
COMMISSION
December 6, 2012.
Sharon A. Whitt,
Records Clearance Officer.
[WC Docket No. 06–122; DA 12–1872]
Purpose and Use
[FR Doc. 2012–29938 Filed 12–11–12; 8:45 am]
Brief description of the purpose of the
transaction:
To support the export of commercial
aircraft to Abu Dhabi, the United Arab
Emirates
Brief non-proprietary description of
the anticipated use of the items being
exported:
To be used for long-haul passenger air
service between Abu Dhabi and
destinations in the Middle East,
Africa, Europe, Asia and North
America
BILLING CODE 6690–01–P
Proposed Changes to FCC Form 499–
A, FCC Form 499–Q, and
Accompanying Instructions
FARM CREDIT ADMINISTRATION
AGENCY:
To the extent that Ex-Im Bank is
reasonably aware, the item(s) being
exported may be used to produce
exports or provide services in
competition with the exportation of
goods or provision of services by a
United States industry.
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Parties
Principal Supplier: The Boeing
Company.
Obligor: Etihad Airways PJSC.
Guarantor(s): N/A.
Description of Items Being Exported
Boeing 777 aircraft.
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Farm Credit Administration Board;
Sunshine Act; Regular Meeting
Farm Credit Administration.
Notice is hereby given,
pursuant to the Government in the
Sunshine Act, of the regular meeting of
the Farm Credit Administration Board
(Board).
DATE AND TIME: The regular meeting of
the Board will be held at the offices of
the Farm Credit Administration in
McLean, Virginia, on December 13,
2012, from 9:00 a.m. until such time as
the Board concludes its business.
FOR FURTHER INFORMATION CONTACT: Dale
L. Aultman, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
ADDRESSES: Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090.
SUPPLEMENTARY INFORMATION: Parts of
this meeting of the Board will be open
to the public (limited space available)
AGENCY:
SUMMARY:
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Federal Communications
Commission.
ACTION: Notice; solicitation of
comments.
In this document, the
Wireline Competition Bureau (Bureau)
seeks comment on proposed revisions to
the annual Telecommunications
Reporting Worksheet, FCC Form 499–A
(Form 499–A) and accompanying
instructions (Form 499–A Instructions)
to be used in 2013 to report 2012
revenues, and the quarterly
Telecommunications Reporting
Worksheet, FCC Form 499–Q (Form
499–Q) and accompanying instructions
(Form 499–Q Instructions) to be used in
2013 to report projected collected
revenues on a quarterly basis.
DATES: Comments are due on or before
January 11, 2013.
ADDRESSES: Interested parties may file
comments on or before January 11,
SUMMARY:
* Session Closed-Exempt pursuant to 5 U.S.C.
552b(c)(8) and (9).
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
2013. All pleadings are to reference WC
Docket No. 06–122. Comments may be
filed using the Commission’s Electronic
Comment Filing System (ECFS) or by
filing paper copies, by any of the
following methods:
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://
fjallfoss.fcc.gov/ecfs2/.
• Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing.
• People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (tty).
FOR FURTHER INFORMATION CONTACT:
Ernesto Beckford, Wireline Competition
Bureau at (202) 418–7400 or TTY (202)
418–0484.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Wireline Competition
Bureau’s Public Notice in WC Docket
No. 06–122; DA 12–1872, released
November 23, 2012. The complete text
of this document is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. The document
may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, telephone (800)
378–3160 or (202) 863–2893, facsimile
(202) 863–2898, or via the Internet at
https://www.bcpiweb.com.
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I. Synopsis of Public Notice
1. In order to promote clarity,
transparency and predictability, the
Wireline Competition Bureau (Bureau)
seeks comment on proposed revisions to
(1) the annual Telecommunications
Reporting Worksheet, FCC Form 499–A
(Form 499–A) and accompanying
instructions (Form 499–A Instructions)
to be used in 2013 to report 2012
revenues, and (2) the quarterly
Telecommunications Reporting
Worksheet, FCC Form 499–Q (Form
499–Q) and accompanying instructions
(Form 499–Q Instructions) to be used in
2013 to report projected collected
revenues on a quarterly basis. The
revisions to the forms and instructions
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are attached to the Public Notice in
redline format, showing proposed
changes from the forms and instructions
currently in effect. The redlines may be
viewed on the Commission’s Web site,
as follows: Form 499–A, available at
https://hraunfoss.fcc.gov/edocs_public/
attachmatch/DA-12-1872A2.pdf; Form
499–A Instructions, available at https://
hraunfoss.fcc.gov/edocs_public/
attachmatch/DA-12-1872A3.pdf; Form
499–Q, available at https://
hraunfoss.fcc.gov/edocs_public/
attachmatch/DA-12-1872A4.pdf; and
Form 499–Q Instructions available at
https://hraunfoss.fcc.gov/edocs_public/
attachmatch/DA-12-1872A5.pdf.
II. Discussion
The proposed revisions include the
following modifications:
2. Stylistic Changes. In several
instances, wording in the instructions
was revised for clarification purposes,
without changing the substance.
3. Date Changes. Dates were updated
throughout. References to ‘‘2012’’ were
changed to ‘‘2013,’’ and references to
‘‘2011’’ were changed to ‘‘2012.’’
4. Web Pages. Hyperlinks were
revised as appropriate throughout the
Form 499–A Instructions and the Form
499–Q Instructions.
5. Estimation Factor. Appendix A of
the Form 499–A Instructions (at Line
10) and Figure 1 of the Form 499–Q
Instructions (at Line 16) contain the
estimation factor to be used by filers to
determine de minimis status. The
estimation factor for 2013 is 0.162.
6. Charges Allowed by USF/ICC
Transformation Order. In the USF/ICC
Transformation Order (26 FCC Rcd
17663), the Commission allowed
incumbent local exchange carriers
(LECs) to charge an access recovery
charge (ARC) on wireline telephone
service to partially offset intercarrier
compensation revenue declines
resulting from the transition of certain
switched access rates adopted as part of
the comprehensive intercarrier
compensation reform. The Form 499–A
Instructions were revised at page 17
(Line 405) to list the ARC as a type of
charge to end users (specified in access
tariffs) reportable under Line 405.
Similarly, the USF/ICC Transformation
Order allows per-minute charges for
originating or terminating voice over
Internet Protocol (VoIP)/public switched
telephone traffic. The Form 499–A
Instructions were revised at page 16
(Line 304) to list such charges as a type
of per-minute originating and
terminating charge reportable on Line
304.
7. Filing Schedule. Table 1 of the
Form 499–A Instructions and Figure 2
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74011
of the Form 499–Q Instructions were
revised to clarify the filing addresses for
Form 499–A, Form 499–Q, Traffic
Studies, and the Consolidated Filer
Certification. Form 499–Q (Line 113)
was revised to allow filers to check the
applicable quarter for which the form is
being filed.
8. Mergers. Pages 9 and 14 of the Form
499–A Instructions were revised to
clarify the procedures for successor
companies to report the revenues of
acquired entities.
9. Holding Company and Affiliates.
Form 499–A (Line 106.1), Form 499–Q
(Line 105), page 11 of the Form 499–A
Instructions, and page 11 of the Form
499–Q Instructions were revised to
include a checkbox for filers to indicate
whether they have affiliates. Affiliates
should list the same holding company
on Form 499–A and Form 499–Q. Form
499–Q (Line 105.1) was revised to
include the Internal Revenue Service
(IRS) employer identification number
(EIN) for the filer’s holding company.
10. Definition of Affiliate. The
definition of the term affiliate is added
on pages 10–11 of the Form 499–A
Instructions and page 10 of the Form
499–Q Instructions. This definition is
the same as the definition contained in
Appendix A of the Form 499–A
Instructions and Figure 1 of the Form
499–Q Instructions.
11. Ink Signature Requirement. Page
19 of the Form 499–A Instructions and
page 19 of the Form 499–Q Instructions
were revised to clarify that an original
ink signature is required from an officer
when he or she first files a form.
Subsequent forms signed by the same
officer may be signed electronically.
12. Subscriber Line Charges and
Exchange Access Service. In order to
better reflect Commission precedent and
rules, we are deleting the following
language from the discussion of Line
404 in the Form 499–A Instructions:
‘‘Note that federal subscriber line
charges typically represent the interstate
portion of fixed local exchange service;
these amounts are separate from toll
revenues and correspond to the
revenues received by incumbent
telephone companies to recover part of
the cost of networks that allow
customers to originate and terminate
interstate calls. Filers without
subscriber line charge revenue must
identify the interstate portion of fixed
local exchange service revenues in
column (d) of the appropriate line
404.1.’’ We consolidated on page 17 of
the Form 499–A Instructions the
description of what federal subscriber
line charges (SLCs) are and added
language clarifying that carriers that
elect to charge end users for the
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
provision of interstate exchange access
service through a separately stated
charge (e.g., a SLC) should report such
revenues on Line 405. Conforming
changes were made at page 14 of the
Form 499–Q Instructions.
13. Special Access on Common
Carrier Basis. Page 18 of the Form 499–
A Instructions were revised to remind
filers that they should report, on Line
406, revenues derived from the sale of
special access on a common carrier
basis to providers of retail broadband
Internet access service.
14. Definition of ‘‘Toll Services’’ for
Wireless Providers. Pages 19–20 of the
Form 499–A Instructions were revised
to include a cross reference to
Commission orders defining ‘‘toll
services’’ for wireless providers.
15. Carrier’s Carrier Revenues. Pages
22–23 of the Form 499–A Instructions
were revised to provide additional
examples of intercarrier compensation
that should be reported in Block 3
(carrier’s carrier revenues) and not in
Block 4 (end user revenues).
16. Traffic Studies. Page 28 of the
Form 499–A Instructions and page 16 of
the Form 499–Q Instructions were
revised to include format headings to be
used when filing traffic studies, to assist
in administrative processing. These
headings are intended to help identify
each filer submitting traffic studies in
order to properly match the traffic study
with such filer’s Form 499–A and Form
499–Q filings.
17. Consistency in Traffic Study or
Safe Harbor Elections. Page 27 of the
Form 499–A Instructions and pages 15–
17 of the Form 499–Q Instructions were
revised to clarify the requirement that
the same election made by a filer on its
Form 499–Q filings to use either a safe
harbor or traffic studies to project
revenues for a particular quarter must be
used on the filer’s Form 499–A for
reporting historical revenues for that
particular quarter. Form 499–Q (Line
114) was revised to include a check box
when filers use safe harbors for
reporting revenue allocations.
18. Percentage of Revenues Billed Per
Region. Lines 503 through 510 of Form
499–A currently require filers to report
the percentage of telecommunications
revenues billed by LNPA region. Page
30 of the Form 499–A Instructions was
revised to clarify that filers may use
customer billing addresses to calculate
or estimate this percentage.
19. ‘‘Reseller’’ Sample Certification
Language. Consistent with the recently
adopted 2012 Wholesaler-Reseller
Clarification Order (FCC 12–134), pages
22–25 of the Form 499–A Instructions
and pages 11–12 of the Form 499–Q
Instructions were revised to clarify that
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Jkt 229001
providers may rely on reseller
certificates that are consistent with the
sample language contained in the 2012
FCC Forms 499 instructions, and
included herein for illustrative
purposes, through December 31, 2013.
The Instructions were also revised to
delete the suggested procedure to check
the Commission’s Web site to ascertain
whether a carrier customer is a
contributor to the USF, because such
action, by itself, is insufficient to satisfy
the reasonable expectation standard.
Pages 24–25 of the Form 499–A
Instructions were revised to include
new sample certification language that
providers may utilize to satisfy the
reasonable expectation standard,
pending adoption of any rule changes in
the pending universal service
contribution reform rulemaking.
20. Deleted Language.
• Rounding Percentages. Page 10 of
the Form 499–A Instructions was
revised to delete instructions requiring
revenues to be rounded to the nearest
whole percent. Revenues should not be
rounded to whole numbers. This is
consistent with the safe harbors for
interstate/intrastate revenues, which are
not whole numbers.
• Revenues from Affiliates. In order to
better reflect Commission precedent and
rules, page 14 of the Form 499–A
Instructions was revised to delete the
following language: ‘‘Gross billed
revenues also do not include revenues
(imputed or otherwise) for services
provided to the filer itself or from one
wholly owned affiliate to another
unless: (1) the filer is required to record
such revenues for some other federal or
state regulatory purpose; or (2) the filer
is providing service to an affiliate for
resale and the affiliate is not a direct
universal service contributor.’’ Similar
language was deleted from page 13 of
the Form 499–Q Instructions.
21. Paperwork Reduction Act of 1995.
This document does not contain new or
modified information collection(s)
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified information
burden for small business concerns with
fewer than 25 employees, pursuant to
the Small Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
22. Pursuant to §§ 1.415 and 1.419 of
the Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments on or before the dates
indicated on the first page of this
document. All pleadings are to reference
WC Docket No. 06–122. Comments may
be filed using: (1) the Commission’s
Electronic Comment Filing System
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(ECFS), or (2) by filing paper copies. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/. Filers should follow the
instructions provided on the Web site
for submitting comments.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
• People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432
Additional copies. One copy of each
filing must be sent to each of the
following:
• The Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street SW., Room CY–B402,
Washington, DC 20554,
www.bcpiweb.com; phone: (202) 488–
5300 fax: (202) 488–5563;
• Ernesto Beckford,
Telecommunications Access Policy
Division, Wireline Competition Bureau,
445 12th Street SW., Room 5–A317,
Washington, DC 20554; email:
Ernesto.Beckford@fcc.gov and
• Charles Tyler, Telecommunications
Access Policy Division, Wireline
Competition Bureau, 445 12th Street
SW., Room 5–A452, Washington, DC
20554; email: Charles.Tyler@fcc.gov.
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
23. Filings and comments are also
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
They may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., Portals II,
445 12th Street SW., Room CY–B402,
Washington, DC 20554, telephone: (202)
488–5300, fax: (202) 488–5563, or via
email www.bcpiweb.com.
24. The proceeding this Notice
initiates shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with rule
1.1206(b). In proceedings governed by
rule 1.49(f) or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
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Federal Communications Commission.
Trent B. Harkrader,
Division Chief, Telecommunications Access
Policy Division, Wireline Competition Bureau.
Dated: December 7, 2012.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2012–29963 Filed 12–11–12; 8:45 am]
74013
BILLING CODE P
[FR Doc. 2012–29961 Filed 12–11–12; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
Notice of Agreements Filed
Sunshine Act; Notice of Meeting
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreements to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within ten days
of the date this notice appears in the
Federal Register. Copies of the
agreements are available through the
Commission’s Web site (www.fmc.gov)
or by contacting the Office of
Agreements at (202)–523–5793 or
tradeanalysis@fmc.gov.
Agreement No.: 010979–051.
Title: Caribbean Shipowners
Association.
Parties: CMA CGM, S.A.; Seaboard
Marine, Ltd.; Seafreight Line, Ltd.; and
Zim Integrated Shipping Services, Ltd.
Filing Party: Wayne R. Rohde, Esq.;
Cozen O’Connor, 1627 I Street NW.;
Washington, DC 20006–4007.
Synopsis: The amendment would add
Tropical Shipping and Construction
Company Limited as a party to the
agreement.
Agreement No.: 012008–006.
Title: The 360 Quality Association
Agreement.
Parties: Ambassador Services, Inc.,
NYKCool AB, and Seatrade Group NV.
Filing Party: Wayne R. Rohde, Esq.;
Cozen O’Connor; 1627 I Street NW.;
Suite 1100; Washington, DC 20006–
4007.
Synopsis: The amendment would add
Diamond State Port Corporation and
Gloucester Terminals LLC as parties to
the agreement.
Agreement No.: 012191.
Title: HSDG–CCNI USWC Space
Charter Agreement.
Parties: Hamburg Sud and Compania
Chilena De Navegacion Interoceanica,
S.A.
Filing Party: Wayne R. Rohde, Esq.;
Cozen O’Connor; 1627 I Street, NW.,
Suite 1100; Washington, DC 20006–
4007.
Synopsis: The agreement authorizes
Hamburg Sud to charter space to CCNI
in the trade between ports in California
and ports in Mexico, Guatemala,
Panama, Ecuador, and Peru.
By Order of the Federal Maritime
Commission.
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10:00 a.m. (Eastern
Time) December 17, 2012.
PLACE: 10th Floor Board Meeting Room,
77 K Street NE., Washington, DC 20002.
STATUS: All parts will be open to the
public.
MATTERS TO BE CONSIDERED:
1. Approval of the Minutes of the
November 27, 2012 Board Member
Meeting
2. Thrift Savings Plan Activity Report by
the Acting Executive Director
a. Monthly Participant Activity Report
b. Monthly Investment Performance
Report
c. Legislative Report
3. Internal Audit Memo
CONTACT PERSON FOR MORE INFORMATION:
Kimberly Weaver, Director, Office of
External Affairs, (202) 942–1640.
TIME AND DATE:
Dated: December 10, 2012.
Megan Grumbine,
Acting Secretary, Federal Retirement Thrift
Investment Board.
[FR Doc. 2012–30092 Filed 12–10–12; 4:15 pm]
BILLING CODE 6760–01–P
FEDERAL TRADE COMMISSION
Granting of Request for Early
Termination of the Waiting Period
Under the Premerger Notification
Rules
Section 7A of the Clayton Act, 15
U.S.C. 18a, as added by Title II of the
Hart-ScottRodino Antitrust
Improvements Act of 1976, requires
persons contemplating certain mergers
or acquisitions to give the Federal Trade
Commission and the Assistant Attorney
General advance notice and to wait
designated periods before
consummation of such plans. Section
7A(b)(2) of the Act permits the agencies,
in individual cases, to terminate this
waiting period prior to its expiration
and requires that notice of this action be
published in the Federal Register.
The following transactions were
granted early termination—on the dates
indicated—of the waiting period
provided by law and the premerger
notification rules. The listing for each
E:\FR\FM\12DEN1.SGM
12DEN1
]]>Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74010-74013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29963]
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FEDERAL COMMUNICATIONS COMMISSION
[WC Docket No. 06-122; DA 12-1872]
Proposed Changes to FCC Form 499-A, FCC Form 499-Q, and
Accompanying Instructions
AGENCY: Federal Communications Commission.
ACTION: Notice; solicitation of comments.
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SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
seeks comment on proposed revisions to the annual Telecommunications
Reporting Worksheet, FCC Form 499-A (Form 499-A) and accompanying
instructions (Form 499-A Instructions) to be used in 2013 to report
2012 revenues, and the quarterly Telecommunications Reporting
Worksheet, FCC Form 499-Q (Form 499-Q) and accompanying instructions
(Form 499-Q Instructions) to be used in 2013 to report projected
collected revenues on a quarterly basis.
DATES: Comments are due on or before January 11, 2013.
ADDRESSES: Interested parties may file comments on or before January
11,
[[Page 74011]]
2013. All pleadings are to reference WC Docket No. 06-122. Comments may
be filed using the Commission's Electronic Comment Filing System (ECFS)
or by filing paper copies, by any of the following methods:
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing.
People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to fcc504@fcc.gov or
call the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (tty).
FOR FURTHER INFORMATION CONTACT: Ernesto Beckford, Wireline Competition
Bureau at (202) 418-7400 or TTY (202) 418-0484.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Wireline
Competition Bureau's Public Notice in WC Docket No. 06-122; DA 12-1872,
released November 23, 2012. The complete text of this document is
available for inspection and copying during normal business hours in
the FCC Reference Information Center, Portals II, 445 12th Street SW.,
Room CY-A257, Washington, DC 20554. The document may also be purchased
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554,
telephone (800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898,
or via the Internet at https://www.bcpiweb.com.
I. Synopsis of Public Notice
1. In order to promote clarity, transparency and predictability,
the Wireline Competition Bureau (Bureau) seeks comment on proposed
revisions to (1) the annual Telecommunications Reporting Worksheet, FCC
Form 499-A (Form 499-A) and accompanying instructions (Form 499-A
Instructions) to be used in 2013 to report 2012 revenues, and (2) the
quarterly Telecommunications Reporting Worksheet, FCC Form 499-Q (Form
499-Q) and accompanying instructions (Form 499-Q Instructions) to be
used in 2013 to report projected collected revenues on a quarterly
basis. The revisions to the forms and instructions are attached to the
Public Notice in redline format, showing proposed changes from the
forms and instructions currently in effect. The redlines may be viewed
on the Commission's Web site, as follows: Form 499-A, available at
https://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1872A2.pdf;
Form 499-A Instructions, available at https://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1872A3.pdf; Form 499-Q, available at https://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1872A4.pdf; and Form
499-Q Instructions available at https://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1872A5.pdf.
II. Discussion
The proposed revisions include the following modifications:
2. Stylistic Changes. In several instances, wording in the
instructions was revised for clarification purposes, without changing
the substance.
3. Date Changes. Dates were updated throughout. References to
``2012'' were changed to ``2013,'' and references to ``2011'' were
changed to ``2012.''
4. Web Pages. Hyperlinks were revised as appropriate throughout the
Form 499-A Instructions and the Form 499-Q Instructions.
5. Estimation Factor. Appendix A of the Form 499-A Instructions (at
Line 10) and Figure 1 of the Form 499-Q Instructions (at Line 16)
contain the estimation factor to be used by filers to determine de
minimis status. The estimation factor for 2013 is 0.162.
6. Charges Allowed by USF/ICC Transformation Order. In the USF/ICC
Transformation Order (26 FCC Rcd 17663), the Commission allowed
incumbent local exchange carriers (LECs) to charge an access recovery
charge (ARC) on wireline telephone service to partially offset
intercarrier compensation revenue declines resulting from the
transition of certain switched access rates adopted as part of the
comprehensive intercarrier compensation reform. The Form 499-A
Instructions were revised at page 17 (Line 405) to list the ARC as a
type of charge to end users (specified in access tariffs) reportable
under Line 405. Similarly, the USF/ICC Transformation Order allows per-
minute charges for originating or terminating voice over Internet
Protocol (VoIP)/public switched telephone traffic. The Form 499-A
Instructions were revised at page 16 (Line 304) to list such charges as
a type of per-minute originating and terminating charge reportable on
Line 304.
7. Filing Schedule. Table 1 of the Form 499-A Instructions and
Figure 2 of the Form 499-Q Instructions were revised to clarify the
filing addresses for Form 499-A, Form 499-Q, Traffic Studies, and the
Consolidated Filer Certification. Form 499-Q (Line 113) was revised to
allow filers to check the applicable quarter for which the form is
being filed.
8. Mergers. Pages 9 and 14 of the Form 499-A Instructions were
revised to clarify the procedures for successor companies to report the
revenues of acquired entities.
9. Holding Company and Affiliates. Form 499-A (Line 106.1), Form
499-Q (Line 105), page 11 of the Form 499-A Instructions, and page 11
of the Form 499-Q Instructions were revised to include a checkbox for
filers to indicate whether they have affiliates. Affiliates should list
the same holding company on Form 499-A and Form 499-Q. Form 499-Q (Line
105.1) was revised to include the Internal Revenue Service (IRS)
employer identification number (EIN) for the filer's holding company.
10. Definition of Affiliate. The definition of the term affiliate
is added on pages 10-11 of the Form 499-A Instructions and page 10 of
the Form 499-Q Instructions. This definition is the same as the
definition contained in Appendix A of the Form 499-A Instructions and
Figure 1 of the Form 499-Q Instructions.
11. Ink Signature Requirement. Page 19 of the Form 499-A
Instructions and page 19 of the Form 499-Q Instructions were revised to
clarify that an original ink signature is required from an officer when
he or she first files a form. Subsequent forms signed by the same
officer may be signed electronically.
12. Subscriber Line Charges and Exchange Access Service. In order
to better reflect Commission precedent and rules, we are deleting the
following language from the discussion of Line 404 in the Form 499-A
Instructions: ``Note that federal subscriber line charges typically
represent the interstate portion of fixed local exchange service; these
amounts are separate from toll revenues and correspond to the revenues
received by incumbent telephone companies to recover part of the cost
of networks that allow customers to originate and terminate interstate
calls. Filers without subscriber line charge revenue must identify the
interstate portion of fixed local exchange service revenues in column
(d) of the appropriate line 404.1.'' We consolidated on page 17 of the
Form 499-A Instructions the description of what federal subscriber line
charges (SLCs) are and added language clarifying that carriers that
elect to charge end users for the
[[Page 74012]]
provision of interstate exchange access service through a separately
stated charge (e.g., a SLC) should report such revenues on Line 405.
Conforming changes were made at page 14 of the Form 499-Q Instructions.
13. Special Access on Common Carrier Basis. Page 18 of the Form
499-A Instructions were revised to remind filers that they should
report, on Line 406, revenues derived from the sale of special access
on a common carrier basis to providers of retail broadband Internet
access service.
14. Definition of ``Toll Services'' for Wireless Providers. Pages
19-20 of the Form 499-A Instructions were revised to include a cross
reference to Commission orders defining ``toll services'' for wireless
providers.
15. Carrier's Carrier Revenues. Pages 22-23 of the Form 499-A
Instructions were revised to provide additional examples of
intercarrier compensation that should be reported in Block 3 (carrier's
carrier revenues) and not in Block 4 (end user revenues).
16. Traffic Studies. Page 28 of the Form 499-A Instructions and
page 16 of the Form 499-Q Instructions were revised to include format
headings to be used when filing traffic studies, to assist in
administrative processing. These headings are intended to help identify
each filer submitting traffic studies in order to properly match the
traffic study with such filer's Form 499-A and Form 499-Q filings.
17. Consistency in Traffic Study or Safe Harbor Elections. Page 27
of the Form 499-A Instructions and pages 15-17 of the Form 499-Q
Instructions were revised to clarify the requirement that the same
election made by a filer on its Form 499-Q filings to use either a safe
harbor or traffic studies to project revenues for a particular quarter
must be used on the filer's Form 499-A for reporting historical
revenues for that particular quarter. Form 499-Q (Line 114) was revised
to include a check box when filers use safe harbors for reporting
revenue allocations.
18. Percentage of Revenues Billed Per Region. Lines 503 through 510
of Form 499-A currently require filers to report the percentage of
telecommunications revenues billed by LNPA region. Page 30 of the Form
499-A Instructions was revised to clarify that filers may use customer
billing addresses to calculate or estimate this percentage.
19. ``Reseller'' Sample Certification Language. Consistent with the
recently adopted 2012 Wholesaler-Reseller Clarification Order (FCC 12-
134), pages 22-25 of the Form 499-A Instructions and pages 11-12 of the
Form 499-Q Instructions were revised to clarify that providers may rely
on reseller certificates that are consistent with the sample language
contained in the 2012 FCC Forms 499 instructions, and included herein
for illustrative purposes, through December 31, 2013. The Instructions
were also revised to delete the suggested procedure to check the
Commission's Web site to ascertain whether a carrier customer is a
contributor to the USF, because such action, by itself, is insufficient
to satisfy the reasonable expectation standard. Pages 24-25 of the Form
499-A Instructions were revised to include new sample certification
language that providers may utilize to satisfy the reasonable
expectation standard, pending adoption of any rule changes in the
pending universal service contribution reform rulemaking.
20. Deleted Language.
Rounding Percentages. Page 10 of the Form 499-A
Instructions was revised to delete instructions requiring revenues to
be rounded to the nearest whole percent. Revenues should not be rounded
to whole numbers. This is consistent with the safe harbors for
interstate/intrastate revenues, which are not whole numbers.
Revenues from Affiliates. In order to better reflect
Commission precedent and rules, page 14 of the Form 499-A Instructions
was revised to delete the following language: ``Gross billed revenues
also do not include revenues (imputed or otherwise) for services
provided to the filer itself or from one wholly owned affiliate to
another unless: (1) the filer is required to record such revenues for
some other federal or state regulatory purpose; or (2) the filer is
providing service to an affiliate for resale and the affiliate is not a
direct universal service contributor.'' Similar language was deleted
from page 13 of the Form 499-Q Instructions.
21. Paperwork Reduction Act of 1995. This document does not contain
new or modified information collection(s) subject to the Paperwork
Reduction Act of 1995 (PRA), Public Law 104-13. In addition, therefore,
it does not contain any new or modified information burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
22. Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments on or
before the dates indicated on the first page of this document. All
pleadings are to reference WC Docket No. 06-122. Comments may be filed
using: (1) the Commission's Electronic Comment Filing System (ECFS), or
(2) by filing paper copies. All filings must be addressed to the
Commission's Secretary, Office of the Secretary, Federal Communications
Commission.
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
Filers should follow the instructions provided on the Web site for
submitting comments.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes must be disposed of
before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW., Washington, DC 20554.
People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to fcc504@fcc.gov or
call the Consumer & Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432
Additional copies. One copy of each filing must be sent to each of
the following:
The Commission's duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC
20554, www.bcpiweb.com; phone: (202) 488-5300 fax: (202) 488-5563;
Ernesto Beckford, Telecommunications Access Policy
Division, Wireline Competition Bureau, 445 12th Street SW., Room 5-
A317, Washington, DC 20554; email: Ernesto.Beckford@fcc.gov and
Charles Tyler, Telecommunications Access Policy Division,
Wireline Competition Bureau, 445 12th Street SW., Room 5-A452,
Washington, DC 20554; email: Charles.Tyler@fcc.gov.
[[Page 74013]]
23. Filings and comments are also available for public inspection
and copying during regular business hours at the FCC Reference
Information Center, Portals II, 445 12th Street SW., Room CY-A257,
Washington, DC 20554. They may also be purchased from the Commission's
duplicating contractor, Best Copy and Printing, Inc., Portals II, 445
12th Street SW., Room CY-B402, Washington, DC 20554, telephone: (202)
488-5300, fax: (202) 488-5563, or via email www.bcpiweb.com.
24. The proceeding this Notice initiates shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
Federal Communications Commission.
Trent B. Harkrader,
Division Chief, Telecommunications Access Policy Division, Wireline
Competition Bureau.
[FR Doc. 2012-29963 Filed 12-11-12; 8:45 am]
BILLING CODE 6712-01-P
