Wireline Bureau Remands Gtek, BroadAspect USF Request for Review to USAC

The FCC Wireline Bureau conditioned its decision on Gtek and BroadAspect's requests for review of the Universal Service Administrative Co.'s ruling that the companies didn't qualify for the systems integrator exception of the FCC's universal service contribution requirements, said an order Wednesday in docket 06-122. The companies also sought a waiver of fines for failing to timely file Forms 499-A. Both companies said in their requests "there is a conflict between the Form 499-A instructions for the systems integrator exception ... and the requirement that all interconnected VoIP providers file Form 499-A." The bureau cited "insufficient evidence in the record ... to conclude whether the companies meet the criteria necessary to qualify for that exception" and conditioned waivers on USAC's "factual determination."