Applying for Stir/Shaken and specifically a 499A form requirement from USAC.org

[nicedoggie]

Due to the new requirement for stir/shaken, I began following the Voip Innovations document in order to become compliant.

During the process I came to section 2: Step 2: Registering for a 499 ID / Becoming a 499 Filer

That process made me declare when did I start as an "interconnected voip provider" which I declared to be in September of 2012.

I was told then that I needed to go back and file revenue received in that year and subsequent years for being an interconnected voip provider.

But, that, since I never met the "minimus" amount of $10,000 per year in charges that I would not have had to pay fees and that only when I met that amount would I have had to start paying fees directly to USAC. However, since I had not filed in a timely manner, that I would have incurred a $100 per month late fee.

At that point I questioned USAC as to the logic of this. In other words, since Voip Innovations had collected and paid those fees to USAC and filed the forms every year, how could I have been required to?

They responded that since I was an interconnected voip provider that I was required to do so. My response was "how was I supposed to know" that.

The late fee for not knowing that we had to get a 499 ID is $100 per month. That amounts to over $12,000 in late fees for not filing timely although we would not have had to pay a fee at all.

Has anyone else experienced this?

 

[Kevin@voxtelesys]

This is something your carrier should have been clear on, we tell all our resellers "This is not legal advise, but if you are reselling telecom you need to file the proper paperwork and meet the tax requirements for local, state, and federal." Most after doing their research decide to take a monthly commission vs all the fillings and carrier compliance.

You will want to make sure you are compliant with Stir/shaken and signing calls. Also need to submit with Robocall mitigation database and register/respond to the traceback group.

Side note: De Minimis status means you’d collect under $10,000 per year in USF Contributions from your end users
https://www.usac.org/service-providers/contributing-to-the-usf/forms-to-file/de-minimis/
USF: https://www.fcc.gov/document/proposed-2q-2022usf-contribution-factor-238-percent

 

[nicedoggie]

What was confusing to me was that I saw Voip Innovations charging me all the fees, taxes, etc. So, I assumed that covered the legal requirements.

 

[Kevin@voxtelesys]

Unless you fill 499 and then do the exempt forms with your carrier(s), then taxes will be applied.

 

[nicedoggie]

I understand how it works. My point is that the FCC is going to ding Voip Resellers for $100/month going back to when they started selling/providing VoIP to their customers whether their provider paid USF fees or not. The $100/month is their late fee for not filing a 499A every year. Has anyone else had this happen to them?

 

[cobaltit]

No. We filed paperwork since day 1.

 

[nicedoggie]

No. We filed paperwork since day 1.

I see. Makes sense. We didn't know. Thought our upstream provider, since they paid, covered us. We would have if we had known.

 

[cobaltit]

It sounds like they didn't explain it very well to you so that sucks. But yeah the upstream provider pays because that's CYA policy. You have to specifically tell them you are filing and then they won't collect. Hopefully they can get you on some sort of payment plan.