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FCC 499-A Filers – don’t forget your D.C. Registered Agent again in 2010

21 Feb

March 1, 2010 the Newest Version for the FCC 499 Form will be avialble.  One error that has been reoccuring with many reporting carriers and VoIP providers is that thier online filings found at the FCC 499-A Filer Locator database lack a DC agent for service of process from the FCC or USAC.  The requirement comes from the Communication Act of 1934 as amended and is as follows:

47 U.S.C. Section 413 – Designation of Agent for Service.

It shall be the duty of every carrier subject to this Act to designate in writing an agent in the District of Columbia, upon whom service of all notices and process and all orders, decisions, and requirements of the Commission may be made for and on behalf of said carrier in any proceeding or suit pending before the Commission, and to file such designation in the office of the secretary of the Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and process and orders, decisions, and requirements of the Commission may be made upon such carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the District of Columbia, with like effect as if made personally upon such carrier, and in default of such designation of such agent, service of any notice or other process in any proceeding before said Commission, or of any order, decision, or requirement of the Commission, may be made by posting such notice, process, order, requirement, or decision in the office of the secretary of the Commission.

Requirement does not state that the person must be a lawyer or a District of Columbia lawyer, but agent can be if the carrier elects to use one.
Registered Agent service in Washington DC is sufficient to meet the requirement of 47 USC Section 413.  I have used Corproate Creations (www.corporatecreations.com ) in the past because they are efficient and affordable. But there are other Registered Agent Services out there,
Telecommunications Reporting Worksheet (FCC Form 499-A) specifically asks for the agent pursuant to47 USC Section 413.

Bottom Line is that the 499-A requires that a Registered Agent pursuant to 47 U.S.C. Section 413 be listed on the form.  Simply placing your business address in your home state of operations is not sufficient.  The 499-A Registered Agent does not need to be a DC Lawyer or law firm, but a Registered Agent Service that will effectively and efficiently forward you communications from the FCC and USAC.

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