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iBasis Provides Update on U.S. Federal Court Ruling on Universal Service
Fund Contribution and Other Fees
Effect of Ruling is a Pre-acquisition Contingency, Will Not Result in
Charge Against Earnings
BURLINGTON, Mass. - December 6, 2007 - iBasis (NASDAQ: IBAS), the
global VoIP company, today provided an update regarding a December 4, 2007 ruling by the
U.S. Court of Appeals for the District of Columbia (Court of Appeals) related to
contributions to the Federal Universal Service Fund (USF) and the payment of other fees
connected with iBasis' Retail prepaid calling services.
On June 30, 2006, the Federal Communications Commission announced a new
rule that requires prepaid calling service providers that utilize Internet Protocol to
contribute to the Universal Service Fund and pay other regulatory fees. This ruling, which
became effective on October 31, 2006, also imposes these fees on a retroactive basis. The
Company filed an appeal opposing the retroactive application of this ruling with the Court
of Appeals, and oral arguments were held before the Court of Appeals in early October
2007. On December 4, 2007 the Court of Appeals issued an order denying our appeal of the
retroactive application of the June 30, 2006 Order.
The Company began accruing and paying for these fees on our Retail
revenue prospectively, beginning in the third quarter of 2006. We currently estimate the
maximum potential amount of USF and other fees related to our Retail revenue prior to the
effective date of the ruling of October 31, 2006, is approximately $3.2 million, of which
the Company previously accrued $0.6 million for the period of July 1, 2006 through October
31, 2006. As a result, we currently estimate the maximum potential amount of USF and other
fees for the period prior to the third quarter of 2006, which we have not previously
accrued or paid, to be approximately $2.6 million.
As these unaccrued fees of approximately $2.6 million for the period
prior to the third quarter of 2006 are considered to be a pre-acquisition contingency they
will be treated as part of the purchase accounting related to iBasis' transaction with
Royal KPN N.V., which was completed on October 1, 2007, resulting in a corresponding
increase in goodwill and accrued liabilities as of that date. As such, the accrual for
these fees will not impact our results of operations.
About iBasis
Founded in 1996, iBasis (NASDAQ: IBAS) is a leading wholesale carrier
of international long distance telephone calls and a provider of retail prepaid calling
services and enhanced services for mobile operators. iBasis customers include KPN, KPN
Mobile, E-plus, BASE, and many other large telecommunications carriers such as AT&T,
Verizon, Vodafone, China Mobile, China Unicom, IDT, Qwest, Skype, Telecom Italia,
Telefonica, and Yahoo. In October 2007, iBasis acquired KPN Global Carrier Services to
create one of the three largest carriers of international voice traffic in the world (1),
and KPN became a majority stockholder of iBasis. On a pro forma basis, the combined
company carried more than 20 billion minutes of international voice over IP (VoIP) traffic
in 2006. The Company can be reached at its worldwide headquarters in Burlington, Mass.,
USA at +1 781-505-7500 or on the Internet at www.ibasis.com.
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