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Monthly Archives: February 2010

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

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.

 

FCC LAUNCHES NEW CONSUMER TASK FORCE

The Federal Communications Commission announced on 1/20/2010 the launch of a Consumer Task Force to advance the Commission’s consumer agenda and promote collaboration across the various Bureaus of the FCC. The Task Force will include every Commission Bureau Chief, the Chief of the Office of Engineering and Technology, the General Counsel, and the Managing Director.  Joel Gurin, Chief of the Consumer and Governmental Affairs Bureau has been named head of the task force.

 FCC Chairman Genachowski announced the scope of the task force: “As communications networks and technologies become increasingly complex and essential to Americans’ everyday lives, the Commission must be a vigilant watchdog for the consumer. While we have one bureau with ‘consumer’ in its name, consumers are vital to the work of each of our bureaus and offices. Cross-agency collaboration is critical to this effort and that’s why I am so pleased to launch the Consumer Task Force.”

 The Consumer Task Force is set to play a critical role in advancing Commission proceedings on behalf of consumer interests; to ensure that consumer protection and empowerment policies apply consistently and reasonably across technologies and bureaus at the FCC; to ensure that the public is able to engage fully in FCC processes, and that the agency enhances the public’s understanding of Commission work through state-of-the-art consumer information programs, seizing the opportunities of information technology.

 Retail Telecommunication and Interconnected VoIP Providers may begin seeing Inquiries as a result of the Task Force’s efforts.  Since the Enforcement Bureau (EB) is now directly participating in the Task Force, it is unclear if Consumer Complaints against carriers and Interconnected VoIP providers may be more directly referred to the EB where there is question as to a violation of the Communication Act.  Contact the Maldonado Law Group should you have further questions or concerns as a provider, or in response to an inquiry.

 

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