GREENBELT, MD - February 23, 2009 - On Feb. 17, JSI conducted a webinar to review the new online filing format for the FCC's Form 477, "Local Competition and Broadband Reporting."  At JSI's invitation, members of the FCC's Wireline Competition Bureau staff sat in on the session.  Webinar attendees were encouraged to express their concerns about the challenges they face in complying with the new requirements.  The following day, Feb. 18, JSI filed an ex parte presentation with the FCC noting those concerns and the attendance of the Wireline Bureau staff.

Several rural telecom associations and other firms have filed petitions seeking a 120-day delay in the filing deadline.  JSI had participated earlier this month in an ex parte conference call with the Wireline Bureau staff, during which the staff requested specific information regarding obstacles that rural carriers face in meeting the deadline.  When JSI described several issues confronting clients in obtaining data in the manner required by the revised online procedure, the Bureau staff replied that they would take these concerns "under consideration."  Then, the staff members expressed their interest in hearing more from the rural companies participating on the webinar, after which JSI extended an invitation for any interested Bureau staff to sit in on the session.  The Bureau staff accepted the invitation.
 
In the webinar, JSI made it clear that the Wireline Bureau staff gave no indication during the conference call there would be any delay in the filing deadline, nor would there be any opportunity to comply with the March 2 filing using the old version of Form 477.  The FCC confirmed those sentiments in a public notice released late last week that reiterated the filing is due on March 2, although the online system is still not available.  JSI believes that if any delay is allowed, it will be for a shorter period of time and will not be announced until closer to the actual deadline. 
 
In the event no delay is forthcoming, JSI noted, the FCC's notice appears to offer an opportunity to seek extensions through waivers that specify a timeframe in which Form 477 will be completed.  In a footnote in the notice, the FCC acknowledged that in approving the revised form, the Office of Management and Budget stated, "due to significant changes and increased burden from the proposed revisions, the Commission should be flexible with and assist respondents who may have difficulty in submitting information in the new format." (emphasis added)