Second, wholesale providers must supply their resale
customers annually with a USF exemption certificate as
described in FCC Form 499-A instructions. To preserve
their exemption from wholesale provider USF pass through
charges, resale customers must, in turn, submit the
exemption certificate back to the wholesale provider
with certain, specific information. The exemption
certificate must include updated contact information for
resellers. Additionally, the certificate returned to
the wholesale provider must contain a signed
certification, using specific language, from each
reseller regarding USF contributions. Wholesale
providers, in addition to obtaining the certification
annually, will need to verify the USF contribution
status of its reseller on the FCC’s website and must
print out and retain a copy of the FCC’s website
indication. The rules require USF contributors to
retain “all documents and records that they may require
to demonstrate to auditors that their contributions were
made in compliance with program rules” for five years.
These documents include financial statements, accounting
records, historical customer records, general ledgers,
and all other relevant documentation. Failure to adhere
to these rules could result in USF charges to the
wholesale provider, as well as fees and penalties.
Because wholesale providers must now annually verify
their reseller’s USF contribution status, this is a good
time for both wholesaler providers and resellers of
telecommunications services to review their preparedness
to meet these obligations. Additionally, contracts
between wholesale providers and resellers may already
address USF contribution obligations and can increase
the complexity of preparing exemption certificates.
Please
contact us if you have questions about, or need
assistance with, the FCC’s Universal Service exemption
certificate requirements.
Thomas K. Crowe, Principal "firm@tkcrowe.com"
Law Offices of Thomas K. Crowe, P.C.
1250 24th Street, N.W.
Suite 300
Washington, D.C. 20037
(202) 263-3640 (voice)
(202) 263-3641 (fax)
www.tkcrowe.com
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Legal Alert is provided for informational purposes only,
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