XO asked the FCC to clarify that reliance on a...
XO asked the FCC to clarify that reliance on a certificate, consistent with the applicable Form 499-A instructions for the relevant year, sufficiently demonstrates that actual contributions were made to the USF on the relevant services (http://xrl.us/bn46rz). This would help…
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the Universal Service Administrative Co. avoid “arbitrary disparate treatment” between providers who obtained certificates in reliance on the sample language prior to service, and those who did so in reliance on the sample language after service, XO said. XO also wants the FCC to reconsider the standard USAC should apply to evidence submitted by a wholesale carrier. The FCC’s adoption of the “clear and convincing” standard in the Reseller Order conflicts with the Administrative Procedure Act, which applies a “preponderance” standard in agency adjudications, XO said. The commission couldn’t adopt a “new and higher evidentiary standard” in its order without first giving notice and opportunity for comment, XO said.