[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2021 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 47
Telecommunication
________________________
Parts 40 to 69
Revised as of October 1, 2021
Containing a codification of documents of general
applicability and future effect
As of October 1, 2021
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 47:
Chapter I--Federal Communications Commission
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 679
Alphabetical List of Agencies Appearing in the CFR...... 699
Table of OMB Control Numbers............................ 709
List of CFR Sections Affected........................... 717
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 47 CFR 42.01 refers
to title 47, part 42,
section 01.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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``[RESERVED]'' TERMINOLOGY
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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What if the material incorporated by reference cannot be found? If
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that volume.
[[Page vii]]
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the revision dates of the 50 CFR titles.
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Oliver A. Potts,
Director,
Office of the Federal Register
October 1, 2021
[[Page ix]]
THIS TITLE
Title 47--Telecommunication is composed of five volumes. The parts
in these volumes are arranged in the following order: Parts 0-19, parts
20-39, parts 40-69, parts 70-79, and part 80 to end. All five volumes
contain chapter I--Federal Communications Commission. The last volume,
part 80 to end, also includes chapter II--Office of Science and
Technology Policy and National Security Council, chapter III--National
Telecommunications and Information Administration, Department of
Commerce, chapter IV--National Telecommunications and Information
Administration, Department of Commerce, and National Highway Traffic
Safety Administration, Department of Transportation, and chapter V--The
First Responder Network Authority. The contents of these volumes
represent all current regulations codified under this title of the CFR
as of October 1, 2021.
Part 73 contains a numerical designation of FM broadcast channels
and a table of FM allotments designated for use in communities in the
United States, its territories, and possessions. Part 73 also contains a
numerical designation of television channels and a table of allotments
which contain channels designated for the listed communities in the
United States, its territories, and possessions.
The OMB control numbers for the Federal Communications Commission
appear in Sec. 0.408 of chapter I. For the convenience of the user
Sec. 0.408 is reprinted in the Finding Aids section of the second
through fifth volumes.
For this volume, Michele Bugenhagen was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 47--TELECOMMUNICATION
(This book contains parts 40 to 69)
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Part
chapter i--Federal Communications Commission (Continued).... 42
[[Page 3]]
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
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SUBCHAPTER B--COMMON CARRIER SERVICES (CONTINUED)
Part Page
40-41 [Reserved]
42 Preservation of records of communication
common carriers......................... 5
43 Reports of communication common carriers,
providers of international services and
certain affiliates...................... 6
51 Interconnection............................. 11
52 Numbering................................... 89
53 Special provisions concerning Bell operating
companies............................... 118
54 Universal service........................... 123
59 Infrastructure sharing...................... 329
61 Tariffs..................................... 330
63 Extension of lines, new lines, and
discontinuance, reduction, outage and
impairment of service by common
carriers; and grants of recognized
private operating agency status......... 372
64 Miscellaneous rules relating to common
carriers................................ 409
65 Interstate rate of return prescription,
procedures, and methodologies........... 579
67 Real-time text.............................. 588
68 Connection of terminal equipment to the
telephone network....................... 590
69 Access charges.............................. 628
Supplementary Publications: Annual Reports of the Federal Communications
Commission to Congress.
Federal Communications Commission Reports of Orders and Decisions.
Communications Act of 1934 (with amendments and index thereto), Recap.
Version, May 1989.
Study Guide and Reference Material for Commercial Radio Operator
Examinations, May 1979 edition.
[[Page 5]]
SUBCHAPTER B_COMMON CARRIER SERVICES (CONTINUED)
PARTS 40 41 [RESERVED]
PART 42_PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS--
Table of Contents
Applicability
Sec.
42.01 Applicability.
General Instructions
42.1 Scope of the regulations in this part.
42.2 Designation of a supervisory official.
42.3 Protection and storage of records.
42.6 Retention of telephone toll records.
Specific Instructions for Carriers Offering Interexchange Services
42.10 Public availability of information concerning interexchange
services.
42.11 Retention of information concerning detariffed interexchange
services.
Authority: 47 U.S.C. 154(i), 219, 220.
Source: 51 FR 32653, Sept. 15, 1986, unless otherwise noted.
Applicability
Sec.42.01 Applicability.
This part prescribes the regulations governing the preservation of
records of communication common carriers that are fully subject to the
jurisdiction of the Commission.
General Instructions
Sec.42.1 Scope of the regulations in this part.
(a) The regulations in this part apply to all accounts, records,
memoranda, documents, papers, and correspondence prepared by or on
behalf of the carrier as well as those which come into its possession in
connection with the acquisition of property, such as by purchase,
consolidation, merger, etc.
(b) The regulations in this part shall not be construed as requiring
the preparation of accounts, records, or memoranda not required to be
prepared by other regulations, such as the Uniform System of Accounts,
except as provided hereinafter.
(c) The regulations in this part shall not be construed as excusing
compliance with any other lawful requirement for the preservation of
records.
Sec.42.2 Designation of a supervisory official.
Each carrier subject to the regulations in this part shall designate
one or more officials to supervise the preservation of its records.
Sec.42.3 Protection and storage of records.
The carrier shall protect records subject to the regulations in this
part from damage from fires, and other hazards and, in the selection of
storage spaces, safeguard the records from unnecessary exposure to
deterioration.
Sec.42.6 Retention of telephone toll records.
Each carrier that offers or bills toll telephone service shall
retain for a period of 18 months such records as are necessary to
provide the following billing information about telephone toll calls:
the name, address, and telephone number of the caller, telephone number
called, date, time and length of the call. Each carrier shall retain
this information for toll calls that it bills whether it is billing its
own toll service customers for toll calls or billing customers for
another carrier.
[51 FR 39536, Oct. 29, 1986]
Specific Instructions for Carriers Offering Interexchange Services
Sec.42.10 Public availability of information concerning interexchange
services.
(a) A nondominant interexchange carrier (IXC) shall make available
to any member of the public, in at least one location, during regular
business hours, information concerning its current rates, terms and
conditions for all of its international and interstate, domestic,
interexchange services. Such information shall be made available in an
easy to understand format and in a
[[Page 6]]
timely manner. Following an inquiry or complaint from the public
concerning rates, terms and conditions for such services, a carrier
shall specify that such information is available and the manner in which
the public may obtain the information.
(b) In addition, a nondominant IXC that maintains an Internet
website shall make such rate and service information specified in
paragraph (a) of this section available on-line at its Internet website
in a timely and easily accessible manner, and shall update this
information regularly.
[64 FR 19725, Apr. 22, 1999, as amended at 66 FR 16879, Mar. 28, 2001]
Sec.42.11 Retention of information concerning detariffed interexchange
services.
(a) A nondominant IXC shall maintain, for submission to the
Commission and to state regulatory commissions upon request, price and
service information regarding all of the carrier's international and
interstate, domestic, interexchange service offerings. A commercial
mobile radio service (CMRS) provider shall maintain such price and
service information only about its international common carrier service
offerings and only for those routes on which the CMRS provider is
classified as dominant under Sec.63.10 of this Chapter due to an
affiliation with a foreign carrier that collects settlement payments
from U.S. carriers for terminating U.S. international switched traffic
at the foreign end of the route. Such a CMRS provider is not required to
maintain its price and service information, however, on any such
affiliated route if it provides service on that route solely through the
resale of an unaffiliated facilities-based provider's international
switched services. The price and service information maintained for
purposes of this paragraph shall include documents supporting the rates,
terms, and conditions of the carrier's international and interstate,
domestic, interexchange offerings. The information maintained pursuant
to this section shall be maintained in a manner that allows the carrier
to produce such records within ten business days. For purposes of this
paragraph, affiliated and foreign carrier are defined in Sec.63.09 of
this chapter.
(b) The price and service information maintained pursuant to this
section shall be retained for a period of at least two years and six
months following the date the carrier ceases to provide services
pursuant to such rates, terms and conditions.
[61 FR 59366, Nov. 22, 1996, as amended at 62 FR 59604, Nov. 4, 1997; 64
FR 19725, Apr. 22, 1999; 66 FR 16879, Mar. 28, 2001]
PART 43_REPORTS OF COMMUNICATION COMMON CARRIERS, PROVIDERS
OF INTERNATIONAL SERVICES AND CERTAIN AFFILIATES--Table of Contents
Sec.
43.01 Applicability.
43.21 Transactions with affiliates.
43.41 [Reserved]
43.43 Reports of proposed changes in depreciation rates.
43.51 Contracts and concessions.
43.62 [Reserved]
43.72 [Reserved]
43.82 Circuit capacity reports.
Authority: 47 U.S.C. 35-39, 154, 211, 219, 220; sec. 402(b)(2)(B),
(c), Pub. L. 104-104, 110 Stat. 129.
Source: 28 FR 13214, Dec. 5, 1963, unless otherwise noted.
Sec.43.01 Applicability.
(a) The sections in this part include requirements which have been
promulgated under authority of sections 211 and 219 of the
Communications Act of 1934, as amended, with respect to the filing by
communication common carriers and certain of their affiliates of
periodic reports and certain other data, but do not include certain
requirements relating to the filing of information with respect to
specific services, accounting systems and other matters incorporated in
other parts of this chapter.
(b) Except as provided in paragraph (c) of this section, carriers
becoming subject to the provisions of the several sections of this part
for the first time, shall, within thirty (30) days of becoming subject,
file the required data as set forth in the various sections of this
part.
[[Page 7]]
(c) Carriers becoming subject to the provisions of Sec. Sec.43.21
and 43.43 for the first time, because their annual operating revenues
equal or exceed the indexed revenue threshold for a given year, shall
begin collecting data pursuant to such provisions in the calendar year
following the publication of that indexed revenue threshold in the
Federal Register. With respect to such initial filing of reports by any
carrier, pursuant to the provisions of Sec.43.21 (d), (e), (f), (g),
(h), (i), (j), and (k), the carrier is to begin filing data for the
calendar year following the publication of that indexed revenue
threshold in the Federal Register by April 1 of the second calendar year
following publication of that indexed revenue threshold in the Federal
Register.
[28 FR 13214, Dec. 5, 1963, as amended at 62 FR 39778, July 24, 1997; 65
FR 19685, Apr. 12, 2000; 78 FR 49149, Aug. 13, 2013; 85 FR 838, Jan. 8,
2020]
Sec.43.21 Transactions with affiliates.
(a) Communication common carriers having annual operating revenues
in excess of the indexed revenue threshold, as defined in Sec.32.9000,
and certain companies (as indicated in paragraph (b) of this section)
directly or indirectly controlling such carriers shall file with the
Commission annual reports or an annual letter as provided in this
section. Except as provided in paragraph (b) of this section, each
annual report required by this section shall be filed no later than
April 1 of each year, covering the preceding calendar year. It shall be
filed on the appropriate report form prescribed by the Commission (see
Sec.1.785 of this chapter) and shall contain full and specific answers
to all questions propounded and information requested in the currently
effective report forms. The number of copies to be filed shall be
specified in the applicable report form. At least one copy of this
report shall be signed on the signature page by the responsible
accounting officer. A copy of each annual report shall be as retained in
the principal office of the respondent and shall be filed in such manner
to be readily available for reference and inspection.
(b) Each company, not itself a communication common carrier, that
directly or indirectly controls any communication common carrier that
has annual operating revenues equal to or above the indexed revenue
threshold, as defined in Sec.32.9000, shall file annually with the
Commission, not later than the date prescribed by the Securities and
Exchange Commission for its purposes, two complete copies of any annual
report Forms 10-K (or any superseding form) filed with that Commission.
(c) Each miscellaneous common carrier (as defined by Sec.21.2 of
this chapter) with operating revenues for a calendar year in excess of
the indexed revenue threshold, as defined in Sec.32.9000, shall file
with the Common Carrier Bureau Chief a letter showing its operating
revenues for that year and the value of its total communications plant
at the end of that year. This letter must be filed no later than April 1
of the following year. Those miscellaneous common carriers with annual
operating revenues that equal or surpass the indexed revenue threshold
for the first time may file the letter up to one month after publication
of the adjusted revenue threshold in the Federal Register, but in no
event shall such carriers be required to file the letter prior to April
1.
(d) Each communications common carrier required by order to file a
manual allocating its costs between regulated and nonregulated
operations shall file, on or before April 1:
(1) A three-year forecast of regulated and nonregulated use of
network plant for the current calendar year and the two calendar years
following, and investment pool projections and allocations for the
current calendar year; and
(2) A report of the actual use of network plant investment for the
prior calendar year.
(e) Each incumbent local exchange carrier, except mid-sized
incumbent local exchange carriers, as defined by Sec.32.9000 with
annual operating revenues equal to or above the indexed revenue
threshold shall file, no later than April 1 of each year:
(1) Its revenues, expenses and investment for all accounts
established in part 32 of this chapter, on an operating company basis,
[[Page 8]]
(2) The same part 32 of this chapter, on a study area basis, with
data for regulated and nonregulated operations for those accounts which
are related to the carrier's revenue requirement, and
(3) The separations categories on a study area basis, with each
category further divided into access elements and a nonaccess interstate
category.
(f) Each incumbent local exchange carrier with operating revenues
for the preceding year that equal or exceed the indexed revenue
threshold shall file, no later than April 1 of each year, a report
showing for the previous calendar year its revenues, expenses, taxes,
plant in service, other investment and depreciation reserves, and other
such data as are required by the Commission, on computer media
prescribed by the Commission. The total operating results shall be
allocated between regulated and nonregulated operations, and the
regulated data shall be further divided into the following categories:
State and interstate, and the interstate will be further divided into
common line, traffic sensitive access, special access, and nonaccess.
(g) Each incumbent local exchange carrier for whom price cap
regulation is mandatory and every incumbent local exchange carrier that
elects to be covered by the price cap rules shall file, by April 1 of
each year, a report designed to capture trends in service quality under
price cap regulation. The report shall contain data relative to network
measures of service quality, as defined by the Wireline Competition
Bureau, from the previous calendar year on a study area basis.
(h) Each incumbent local exchange carrier for whom price cap
regulation is mandatory shall file, by April 1 of each year, a report
designed to capture trends in service quality under price cap
regulation. The report shall contain data relative to customer measures
of service quality, as defined by the Wireline Competition Bureau, from
the previous calendar year a study area basis.
(i) Each incumbent local exchange carrier for whom price regulation
is mandatory shall file, by April 1 of each year, a report containing
data from the previous calendar year on a study area basis that are
designed to capture trends in telephone industry infrastructure
development under price cap regulation.
(j) Each incumbent local exchange carrier with annual operating
revenues that equal or exceed the indexed revenue threshold shall file,
no later than April 1 of each year, a report containing data from the
previous calendar year on an operating company basis. Such report shall
combine statistical data designed to monitor network growth, usage, and
reliability.
(k) Each designated interstate carrier with operating revenues for
the preceding year that equal or exceed the indexed revenue threshold
shall file, no later than April 1 of each year, a report showing for the
previous calendar year its revenues, expenses, taxes, plant in service,
other investments and depreciation reserves, and such other data as are
required by the Commission, on computer media prescribed by the
Commission. The total operating results shall be allocated between
regulated and nonregulated operations, and the regulated data shall be
further divided into the following categories: State and interstate, and
the interstate will be further divided into common line, traffic
sensitive access, special access, and nonaccess.
[28 FR 13214, Dec. 5, 1963, as amended at 49 FR 10122, Mar. 19, 1984; 50
FR 41153, Oct. 9, 1985; 51 FR 37024, Oct. 17, 1986; 52 FR 35918, Sept.
24, 1987; 58 FR 36143, July 6, 1993; 61 FR 50245, Sept. 25, 1996; 62 FR
39778, July 24, 1997; 67 FR 5700, Feb. 6, 2002; 67 FR 13225, Mar. 21,
2002]
Sec.43.41 [Reserved]
Sec.43.43 Reports of proposed changes in depreciation rates.
(a) Each communication common carrier with annual operating expenses
that equal or exceed the indexed revenue threshold, as defined in Sec.
32.9000, and that has been found by this Commission to be a dominant
carrier with respect to any communications service shall, before making
any changes in the depreciation rates applicable to its operated plant,
file with the Commission a report furnishing the data described in the
subsequent paragraphs of this section, and also comply with the other
requirements thereof.
[[Page 9]]
(b) Each such report shall contain the following:
(1) A schedule showing for each class and subclass of plant (whether
or not the depreciation rate is proposed to be changed) an appropriate
designation therefor, the depreciation rate currently in effect, the
proposed rate, and the service-life and net-salvage estimates underlying
both the current and proposed depreciation rates;
(2) An additional schedule showing for each class and subclass, as
well as the totals for all depreciable plant, (i) the book cost of plant
at the most recent date available, (ii) the estimated amount of
depreciation accruals determined by applying the currently effective
rate to the amount of such book cost, (iii) the estimated amount of
depreciation accruals determined by applying the rate proposed to be
used to the amount of such book cost, and (iv) the difference between
the amounts determined in paragraphs (b)(2) (ii) and (iii) of this
section;
(3) A statement giving the reasons for the proposed change in each
rate;
(4) A statement describing the method or methods employed in the
development of the service-life and salvage estimates underlying each
proposed change in a depreciation rate; and
(5) The date as of which the revised rates are proposed to be made
effective in the accounts.
(c) Except as specified in paragraphs (c)(1) and (c)(3) of this
section, when the change in the depreciation rate proposed for any class
or subclass of plant (other than one occasioned solely by a shift in the
relative investment in the several subclasses of the class of plant)
amounts to twenty percent (20%) or more of the rate currently applied
thereto, or when the proposed change will produce an increase or
decrease of one percent (1%) or more of the aggregate depreciation
charges for all depreciable plant (based on the amounts determined in
compliance with paragraph (b)(2) of this section) the carrier shall
supplement the data required by paragraph (b) of this section) with
copies of the underlying studies, including calculations and charts,
developed by the carrier to support service-life and net-salvage
estimates. If a carrier must submit data of a repetitive nature to
comply with this requirement, the carrier need only submit a fully
illustrative portion thereof.
(1) A Local Exchange Carrier regulated under price caps, pursuant to
Sec. Sec.61.41 through 61.49 of this chapter, is not required to
submit the supplemental information described in paragraph (c)
introductory text of this section for a specific account if: The
carrier's currently prescribed depreciation rate for the specific
accounts derived from basic factors that fall within the basic factor
ranges established for that same account; and the carrier's proposed
depreciation rate for the specific account would also be derived from
basic factors that fall within the basic factor ranges for the same
account.
(2) Local Exchange Carriers that are regulated under price caps,
pursuant to Sec. Sec.61.41 through 61.49 of this chapter, and have
selected basic factors that fall within the basic factor ranges for all
accounts are exempt from paragraphs (b)(3), (b)(4), and (c) introductory
text of this section. They shall instead comply with paragraphs (b)(1),
(b)(2) and (b)(5) of this section and provide a book and theoretical
reserve summary and a summary of basic factors underlying proposed rates
by account.
(3) Interexchange carriers regulated under price caps, pursuant to
Sec. Sec.61.41 through 61.49 of this chapter, are exempted from
submitting the supplemental information as described in paragraph (c)
introductory text of this section. They shall instead submit: Generation
data, a summary of basic factors underlying proposed depreciation rates
by account and a short narrative supporting those basic factors,
including company plans of forecasted retirements and additions, recent
annual retirements, salvage and cost of removal.
(d) Each report shall be filed in duplicate and the original shall
be signed by the responsible official to whom correspondence related
thereto should be addressed.
(e) Unless otherwise directed or approved by the Commission, the
following shall be observed: Proposed changes in depreciation rates
shall be filed at least ninety (90) days prior to the last day of the
month with respect
[[Page 10]]
to which the revised rates are first to be applied in the accounts
(e.g., if the new rates are to be first applied in the depreciation
accounts for September, they must be filed on or before July 1). Such
rates may be made retroactive to a date not prior to the beginning of
the year in which the filing is made: Provided however, that in no event
shall a carrier for which the Commission has prescribed depreciation
rates make any changes in such rates unless the changes are prescribed
by the Commission. Carriers who select basic factors that fall within
the basic factor ranges for all accounts are exempt from depreciation
rate prescription by the Commission.
(f) Any changes in depreciation rates that are made under the
provisions of paragraph (e) of this section shall not be construed as
having been approved by the Commission unless the carrier has been
specifically so informed.
[28 FR 13214, Dec. 5, 1963, as amended at 30 FR 3223, Mar. 9, 1965; 53
FR 49987, Dec. 13, 1988; 58 FR 58790, Nov. 4, 1993; 61 FR 50246, Sept.
25, 1996; 62 FR 39779, July 24, 1997; 65 FR 18931, Apr. 10, 2000]
Sec.43.51 Contracts and concessions.
(a)(1) Any communication common carrier described in paragraph (b)
of this section must file with the Commission, within thirty (30) days
of execution, a copy of each contract, agreement, concession, license,
authorization, operating agreement or other arrangement to which it is a
party and amendments thereto (collectively hereinafter referred to as
``agreement'' for purposes of this rule) with respect to the following:
(i) The exchange of services; and,
(ii) The interchange or routing of traffic and matters concerning
rates, accounting rates, division of tolls, or the basis of settlement
of traffic balances, except as provided in paragraph (c) of this
section.
(2) If the contract, agreement, concession, license, authorization,
operating agreement or other arrangement and amendments thereto is made
other than in writing, a certified statement covering all details
thereof must be filed by at least one of the parties to the agreement.
Each other party to the agreement which is also subject to these
provisions may, in lieu of also filing a copy of the agreement, file a
certified statement referencing the filed document. The Commission may,
at any time and upon reasonable request, require any communication
common carrier not subject to the provisions of this section to submit
the documents referenced in this section.
(b) The following communication common carriers must comply with the
requirements of paragraph (a) of this section:
(1) A carrier that is engaged in domestic communications and has not
been classified as non-dominant pursuant to Sec.61.3 of this Chapter;
or
(2) A carrier that is engaged in foreign communications and that has
been classified as dominant for any service on any of the U.S.-
international routes included in the contract, except for a carrier
classified as dominant on a particular route due only to a foreign
carrier affiliation under Sec.63.10 of this chapter.
(c) With respect to contracts coming within the scope of paragraph
(a)(1)(ii) of this section between subject telephone carriers and
connecting carriers, except those contracts related to communications
with foreign or overseas points, such documents shall not be filed with
the Commission; but each subject telephone carrier shall maintain a copy
of such contracts to which it is a party in appropriate files at a
central location upon its premises, copies of which shall be readily
accessible to Commission staff and members of the public upon reasonable
request therefor; and upon request by the Commission, a subject
telephone carrier shall promptly forward individual contracts to the
Commission.
(d) Any U.S. carrier, other than a provider of commercial mobile
radio services, that is engaged in foreign communications, and enters
into an agreement with a foreign carrier, is subject to the Commission's
authority to require the U.S. carrier providing service on any U.S.-
international routes to file, on an as-needed basis, a copy of each
agreement to which it is a party.
Note 1 to Sec.43.51: For purposes of this section, affiliated and
foreign carrier are defined in Sec.63.09 of this chapter.
[[Page 11]]
Note 2 to Sec.43.51: To the extent that a foreign government
provides telecommunications services directly through a governmental
organization, body or agency, it shall be treated as a foreign carrier
for the purposes of this section.
[66 FR 16879, Mar. 28, 2001, as amended at 69 FR 23153, Apr. 28, 2004;
78 FR 11112, Feb. 15, 2013]
Sec.43.62 [Reserved]
Sec.43.72 [Reserved]
Sec.43.82 Circuit capacity reports.
(a) International submarine cable capacity. Not later than March 31
of each year:
(1) The licensee(s) of a submarine cable between the United States
and any foreign point shall file a report showing the capacity of the
submarine cable as of December 31 of the preceding calendar year. The
licensee(s) shall also file a report showing the planned capacity of the
submarine cable (the intended capacity of the submarine cable two years
from December 31 of the preceding calendar year).
(2) Each cable landing licensee and common carrier shall file a
report showing its capacity on submarine cables between the United
States and any foreign point as of December 31 of the preceding calendar
year.
Note to paragraph (a): United States is defined in Section 3 of the
Communications Act of 1934, as amended, 47 U.S.C. 153.
(b) Registration Form. A Registration Form, containing information
about the filer, such as address, phone number, email address, etc.,
shall be filed with each report. The Registration Form shall include a
certification enabling the filer to check a box to indicate that the
filer requests that its circuit capacity data be treated as confidential
consistent with Section 0.459(a)(4) of the Commission's rules.
(c) Filing Manual. Authority is delegated to the Chief of the
International Bureau to prepare instructions and reporting requirements
for the filing of these reports prepared and published as a Filing
Manual. The information required under this Section shall be filed
electronically in conformance with the instructions and reporting
requirements in the Filing Manual.
[82 FR 55331, Nov. 21, 2017]
PART 51_INTERCONNECTION--Table of Contents
Subpart A_General Information
Sec.
51.1 Basis and purpose.
51.3 Applicability to negotiated agreements.
51.5 Terms and definitions.
Subpart B_Telecommunications Carriers
51.100 General duty.
Subpart C_Obligations of All Local Exchange Carriers
51.201 Resale.
51.203 Number portability.
51.205 Dialing parity: General.
51.207 Local dialing parity.
51.217 Nondiscriminatory access: Telephone numbers, operator services,
directory assistance services, and directory listings.
51.219 Access to rights of way.
51.221 Reciprocal compensation.
51.223 Application of additional requirements.
51.230 Presumption of acceptability for deployment of an advanced
services loop technology.
51.231 Provision of information on advanced services deployment.
51.232 Binder group management.
51.233 Significant degradation of services caused by deployment of
advanced services.
Subpart D_Additional Obligations of Incumbent Local Exchange Carriers
51.301 Duty to negotiate.
51.303 Preexisting agreements.
51.305 Interconnection.
51.307 Duty to provide access on an unbundled basis to network elements.
51.309 Use of unbundled network elements.
51.311 Nondiscriminatory access to unbundled network elements.
51.313 Just, reasonable and nondiscriminatory terms and conditions for
the provision of unbundled network elements.
51.315 Combination of unbundled network elements.
51.316 Conversion of unbundled network elements and services.
51.317 Standards for requiring the unbundling of network elements.
51.318 Eligibility criteria for access to certain unbundled network
elements.
51.319 Specific unbundling requirements.
[[Page 12]]
51.320 Assumption of responsibility by the Commission.
51.321 Methods of obtaining interconnection and access to unbundled
elements under section 251 of the Act.
51.323 Standards for physical collocation and virtual collocation.
51.325 Notice of network changes: Public notice requirement.
51.327 Notice of network changes: Content of notice.
51.329 Notice of network changes: Methods for providing notice.
51.331 Notice of network changes: Timing of notice.
51.332 Notice of network changes: Copper retirement.
51.333 Notice of network changes: Short term notice, objections thereto
and objections to copper retirement notices.
51.335 Notice of network changes: Confidential or proprietary
information.
Subpart E_Exemptions, Suspensions, and Modifications of Requirements of
Section 251 of the Act
51.401 State authority.
51.403 Carriers eligible for suspension or modification under section
251(f)(2) of the Act.
51.405 Burden of proof.
Subpart F_Pricing of Elements
51.501 Scope.
51.503 General pricing standard.
51.505 Forward-looking economic cost.
51.507 General rate structure standard.
51.509 Rate structure standards for specific elements.
51.511 Forward-looking economic cost per unit.
51.513 Proxies for forward-looking economic cost.
51.515 Application of access charges.
Subpart G_Resale
51.601 Scope of resale rules.
51.603 Resale obligation of all local exchange carriers.
51.605 Additional obligations of incumbent local exchange carriers.
51.607 Wholesale pricing standard.
51.609 Determination of avoided retail costs.
51.611 Interim wholesale rates.
51.613 Restrictions on resale.
51.615 Withdrawal of services.
51.617 Assessment of end user common line charge on resellers.
Subpart H_Reciprocal Compensation for Transport and Termination of
Telecommunications Traffic
51.700 Purpose of this subpart.
51.701 Scope of transport and termination pricing rules.
51.703 Non-Access reciprocal compensation obligation of LECs.
51.705 LECs' rates for transport and termination.
51.707 [Reserved]
51.709 Rate structure for transport and termination.
51.711 Symmetrical reciprocal compensation.
51.713 Bill-and-keep arrangements.
51.715 Interim transport and termination pricing.
51.717 [Reserved]
Subpart I_Procedures for Implementation of Section 252 of the Act
51.801 Commission action upon a state commission's failure to act to
carry out its responsibility under section 252 of the Act.
51.803 Procedures for Commission notification of a state commission's
failure to act.
51.805 The Commission's authority over proceedings and matters.
51.807 Arbitration and mediation of agreements by the Commission
pursuant to section 252(e)(5) of the Act.
51.809 Availability of provisions of agreements to other
telecommunications carriers under section 252(i) of the Act.
Subpart J_Transitional Access Service Pricing
51.901 Purpose and scope of transitional access service pricing rules.
51.903 Definitions.
51.905 Implementation.
51.907 Transition of price cap carrier access charges.
51.909 Transition of rate-of-return carrier access charges.
51.911 Access reciprocal compensation rates for competitive LECs.
51.913 Transition for VoIP-PSTN traffic.
51.914 Additional provisions applicable to Access Stimulation traffic.
51.915 Recovery mechanism for price cap carriers.
51.917 Revenue recovery for Rate of Return carriers.
51.919 Reporting and monitoring.
Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 225-27, 251-52,
271, 332 unless otherwise noted.
Source: 61 FR 45619, Aug. 29, 1996, unless otherwise noted.
[[Page 13]]
Subpart A_General Information
Sec.51.1 Basis and purpose.
(a) Basis. These rules are issued pursuant to the Communications Act
of 1934, as amended.
(b) Purpose. The purpose of these rules is to implement sections 251
and 252 of the Communications Act of 1934, as amended, 47 U.S.C. 251 and
252.
Sec.51.3 Applicability to negotiated agreements.
To the extent provided in section 252(e)(2)(A) of the Act, a state
commission shall have authority to approve an interconnection agreement
adopted by negotiation even if the terms of the agreement do not comply
with the requirements of this part.
Sec.51.5 Terms and definitions.
Terms used in this part have the following meanings:
Act. The Communications Act of 1934, as amended.
Advanced intelligent network. Advanced intelligent network is a
telecommunications network architecture in which call processing, call
routing, and network management are provided by means of centralized
databases located at points in an incumbent local exchange carrier's
network.
Advanced services. The term ``advanced services'' is defined as high
speed, switched, broadband, wireline telecommunications capability that
enables users to originate and receive high-quality voice, data,
graphics or video telecommunications using any technology.
Arbitration, final offer. Final offer arbitration is a procedure
under which each party submits a final offer concerning the issues
subject to arbitration, and the arbitrator selects, without
modification, one of the final offers by the parties to the arbitration
or portions of both such offers. ``Entire package final offer
arbitration,'' is a procedure under which the arbitrator must select,
without modification, the entire proposal submitted by one of the
parties to the arbitration. ``Issue-by-issue final offer arbitration,''
is a procedure under which the arbitrator must select, without
modification, on an issue-by-issue basis, one of the proposals submitted
by the parties to the arbitration.
Billing. Billing involves the provision of appropriate usage data by
one telecommunications carrier to another to facilitate customer billing
with attendant acknowledgements and status reports. It also involves the
exchange of information between telecommunications carriers to process
claims and adjustments.
Binder or binder group. Copper pairs bundled together, generally in
groups of 25, 50 or 100.
Business line. A business line is an incumbent LEC-owned switched
access line used to serve a business customer, whether by the incumbent
LEC itself or by a competitive LEC that leases the line from the
incumbent LEC. The number of business lines in a wire center shall equal
the sum of all incumbent LEC business switched access lines, plus the
sum of all UNE loops connected to that wire center, including UNE loops
provisioned in combination with other unbundled elements. Among these
requirements, business line tallies:
(1) Shall include only those access lines connecting end-user
customers with incumbent LEC end-offices for switched services,
(2) Shall not include non-switched special access lines,
(3) Shall account for ISDN and other digital access lines by
counting each 64 kbps-equivalent as one line. For example, a DS1 line
corresponds to 24 64 kbps-equivalents, and therefore to 24 ``business
lines.''
Commercial Mobile Radio Service (CMRS). CMRS has the same meaning as
that term is defined in Sec.20.3 of this chapter.
Commingling. Commingling means the connecting, attaching, or
otherwise linking of an unbundled network element, or a combination of
unbundled network elements, to one or more facilities or services that a
requesting telecommunications carrier has obtained at wholesale from an
incumbent LEC, or the combining of an unbundled network element, or a
combination of unbundled network elements, with one or more such
facilities or services. Commingle means the act of commingling.
[[Page 14]]
Commission. Commission refers to the Federal Communications
Commission.
Day. Day means calendar day.
Dialing parity. The term dialing parity means that a person that is
not an affiliate of a local exchange carrier is able to provide
telecommunications services in such a manner that customers have the
ability to route automatically, without the use of any access code,
their telecommunications to the telecommunications service provider of
the customer's designation from among 2 or more telecommunications
service providers (including such local exchange carrier).
Directory assistance service. Directory assistance service includes,
but is not limited to, making available to customers, upon request,
information contained in directory listings.
Directory listings. Directory listings are any information:
(1) Identifying the listed names of subscribers of a
telecommunications carrier and such subscriber's telephone numbers,
addresses, or primary advertising classifications (as such
classifications are assigned at the time of the establishment of such
service), or any combination of such listed names, numbers, addresses or
classifications; and
(2) That the telecommunications carrier or an affiliate has
published, caused to be published, or accepted for publication in any
directory format.
Downstream database. A downstream database is a database owned and
operated by an individual carrier for the purpose of providing number
portability in conjunction with other functions and services.
Enhanced extended link. An enhanced extended link or EEL consists of
a combination of an unbundled loop and unbundled dedicated transport,
together with any facilities, equipment, or functions necessary to
combine those network elements.
Equipment necessary for interconnection or access to unbundled
network elements. For purposes of section 251(c)(2) of the Act, the
equipment used to interconnect with an incumbent local exchange
carrier's network for the transmission and routing of telephone exchange
service, exchange access service, or both. For the purposes of section
251(c)(3) of the Act, the equipment used to gain access to an incumbent
local exchange carrier's unbundled network elements for the provision of
a telecommunications service.
Fiber-based collocator. A fiber-based collocator is any carrier,
unaffiliated with the incumbent LEC, that maintains a collocation
arrangement in an incumbent LEC wire center, with active electrical
power supply, and operates a fiber-optic cable or comparable
transmission facility that
(1) Terminates at a collocation arrangement within the wire center;
(2) Leaves the incumbent LEC wire center premises; and
(3) Is owned by a party other than the incumbent LEC or any
affiliate of the incumbent LEC, except as set forth in this paragraph.
Dark fiber obtained from an incumbent LEC on an indefeasible right of
use basis shall be treated as non-incumbent LEC fiber-optic cable. Two
or more affiliated fiber-based collocators in a single wire center shall
collectively be counted as a single fiber-based collocator. For purposes
of this paragraph, the term affiliate is defined by 47 U.S.C. 153(1) and
any relevant interpretation in this Title.
Incumbent Local Exchange Carrier (Incumbent LEC). With respect to an
area, the local exchange carrier that:
(1) On February 8, 1996, provided telephone exchange service in such
area; and
(2)(i) On February 8, 1996, was deemed to be a member of the
exchange carrier association pursuant to Sec.69.601(b) of this
chapter; or
(ii) Is a person or entity that, on or after February 8, 1996,
became a successor or assign of a member described in paragraph (2)(i)
of this section.
Information services. The term information services means the
offering of a capability for generating, acquiring, storing,
transforming, processing, retrieving, utilizing, or making available
information via telecommunications, and includes electronic publishing,
but does not include any use of any such capability for the management,
control, or operation of a telecommunications system or the management
of a telecommunications service.
[[Page 15]]
Interconnection. Interconnection is the linking of two networks for
the mutual exchange of traffic. This term does not include the transport
and termination of traffic.
Known disturber. An advanced services technology that is prone to
cause significant interference with other services deployed in the
network.
Intermodal. The term intermodal refers to facilities or technologies
other than those found in traditional telephone networks, but that are
utilized to provide competing services. Intermodal facilities or
technologies include, but are not limited to, traditional or new cable
plant, wireless technologies, and power line technologies.
Local Access and Transport Area (LATA). A Local Access and Transport
Area is a contiguous geographic area--
(1) Established before February 8, 1996 by a Bell operating company
such that no exchange area includes points within more than 1
metropolitan statistical area, consolidated metropolitan statistical
area, or State, except as expressly permitted under the AT&T Consent
Decree; or
(2) Established or modified by a Bell operating company after
February 8, 1996 and approved by the Commission.
Local Exchange Carrier (LEC). A LEC is any person that is engaged in
the provision of telephone exchange service or exchange access. Such
term does not include a person insofar as such person is engaged in the
provision of a commercial mobile service under section 332(c) of the
Act, except to the extent that the Commission finds that such service
should be included in the definition of the such term.
Maintenance and repair. Maintenance and repair involves the exchange
of information between telecommunications carriers where one initiates a
request for maintenance or repair of existing products and services or
unbundled network elements or combination thereof from the other with
attendant acknowledgements and status reports.
Meet point. A meet point is a point of interconnection between two
networks, designated by two telecommunications carriers, at which one
carrier's responsibility for service begins and the other carrier's
responsibility ends.
Meet point interconnection arrangement. A meet point interconnection
arrangement is an arrangement by which each telecommunications carrier
builds and maintains its network to a meet point.
Mobile wireless service. A mobile wireless service is any mobile
wireless telecommunications service, including any commercial mobile
radio service.
Multi-functional equipment. Multi-functional equipment is equipment
that combines one or more functions that are necessary for
interconnection or access to unbundled network elements with one or more
functions that would not meet that standard as stand-alone functions.
Network element. A network element is a facility or equipment used
in the provision of a telecommunications service. Such term also
includes, but is not limited to, features, functions, and capabilities
that are provided by means of such facility or equipment, including but
not limited to, subscriber numbers, databases, signaling systems, and
information sufficient for billing and collection or used in the
transmission, routing, or other provision of a telecommunications
service.
Operator services. Operator services are any automatic or live
assistance to a consumer to arrange for billing or completion of a
telephone call. Such services include, but are not limited to, busy line
verification, emergency interrupt, and operator-assisted directory
assistance services.
Physical collocation. Physical collocation is an offering by an
incumbent LEC that enables a requesting telecommunications carrier to:
(1) Place its own equipment to be used for interconnection or access
to unbundled network elements within or upon an incumbent LEC's
premises;
(2) Use such equipment to interconnect with an incumbent LEC's
network facilities for the transmission and routing of telephone
exchange service, exchange access service, or both, or to gain access to
an incumbent LEC's unbundled network elements for the provision of a
telecommunications service;
[[Page 16]]
(3) Enter those premises, subject to reasonable terms and
conditions, to install, maintain, and repair equipment necessary for
interconnection or access to unbundled elements; and
(4) Obtain reasonable amounts of space in an incumbent LEC's
premises, as provided in this part, for the equipment necessary for
interconnection or access to unbundled elements, allocated on a first-
come, first-served basis.
Premises. Premises refers to an incumbent LEC's central offices and
serving wire centers; all buildings or similar structures owned, leased,
or otherwise controlled by an incumbent LEC that house its network
facilities; all structures that house incumbent LEC facilities on public
rights-of-way, including but not limited to vaults containing loop
concentrators or similar structures; and all land owned, leased, or
otherwise controlled by an incumbent LEC that is adjacent to these
central offices, wire centers, buildings, and structures.
Pre-ordering and ordering. Pre-ordering and ordering includes the
exchange of information between telecommunications carriers about:
current or proposed customer products and services; or unbundled network
elements, or some combination thereof. This information includes loop
qualification information, such as the composition of the loop material,
including but not limited to: fiber optics or copper; the existence,
location and type of any electronic or other equipment on the loop,
including but not limited to, digital loop carrier or other remote
concentration devices, feeder/distribution interfaces, bridge taps, load
coils, pair-gain devices, disturbers in the same or adjacent binder
groups; the loop length, including the length and location of each type
of transmission media; the wire gauge(s) of the loop; and the electrical
parameters of the loop, which may determine the suitability of the loop
for various technologies.
Provisioning. Provisioning involves the exchange of information
between telecommunications carriers where one executes a request for a
set of products and services or unbundled network elements or
combination thereof from the other with attendant acknowledgements and
status reports.
Rural telephone company. A rural telephone company is a LEC
operating entity to the extent that such entity:
(1) Provides common carrier service to any local exchange carrier
study area that does not include either:
(i) Any incorporated place of 10,000 inhabitants or more, or any
part thereof, based on the most recently available population statistics
of the Bureau of the Census; or
(ii) Any territory, incorporated or unincorporated, included in an
urbanized area, as defined by the Bureau of the Census as of August 10,
1993;
(2) Provides telephone exchange service, including exchange access,
to fewer than 50,000 access lines;
(3) Provides telephone exchange service to any local exchange
carrier study area with fewer than 100,000 access lines; or
(4) Has less than 15 percent of its access lines in communities of
more than 50,000 on February 8, 1996.
Service control point. A service control point is a computer
database in the public switched network which contains information and
call processing instructions needed to process and complete a telephone
call.
Service creation environment. A service creation environment is a
computer containing generic call processing software that can be
programmed to create new advanced intelligent network call processing
services.
Service provider. A service provider is a provider of
telecommunications services or a provider of information services.
Signal transfer point. A signal transfer point is a packet switch
that acts as a routing hub for a signaling network and transfers
messages between various points in and among signaling networks.
State. The term state includes the District of Columbia and the
Territories and possessions.
State commission. A state commission means the commission, board, or
official (by whatever name designated) which under the laws of any state
has regulatory jurisdiction with respect to intrastate operations of
carriers. As referenced in this part, this term may
[[Page 17]]
include the Commission if it assumes responsibility for a proceeding or
matter, pursuant to section 252(e)(5) of the Act or Sec.51.320. This
term shall also include any person or persons to whom the state
commission has delegated its authority under sections 251 and 252 of the
Act and this part.
State proceeding. A state proceeding is any administrative
proceeding in which a state commission may approve or prescribe rates,
terms, and conditions including, but not limited to, compulsory
arbitration pursuant to section 252(b) of the Act, review of a Bell
operating company statement of generally available terms pursuant to
section 252(f) of the Act, and a proceeding to determine whether to
approve or reject an agreement adopted by arbitration pursuant to
section 252(e) of the Act.
Technically feasible. Interconnection, access to unbundled network
elements, collocation, and other methods of achieving interconnection or
access to unbundled network elements at a point in the network shall be
deemed technically feasible absent technical or operational concerns
that prevent the fulfillment of a request by a telecommunications
carrier for such interconnection, access, or methods. A determination of
technical feasibility does not include consideration of economic,
accounting, billing, space, or site concerns, except that space and site
concerns may be considered in circumstances where there is no
possibility of expanding the space available. The fact that an incumbent
LEC must modify its facilities or equipment to respond to such request
does not determine whether satisfying such request is technically
feasible. An incumbent LEC that claims that it cannot satisfy such
request because of adverse network reliability impacts must prove to the
state commission by clear and convincing evidence that such
interconnection, access, or methods would result in specific and
significant adverse network reliability impacts.
Telecommunications carrier. A telecommunications carrier is any
provider of telecommunications services, except that such term does not
include aggregators of telecommunications services (as defined in
section 226 of the Act). A telecommunications carrier shall be treated
as a common carrier under the Act only to the extent that it is engaged
in providing telecommunications services, except that the Commission
shall determine whether the provision of fixed and mobile satellite
service shall be treated as common carriage. This definition includes
CMRS providers, interexchange carriers (IXCs) and, to the extent they
are acting as telecommunications carriers, companies that provide both
telecommunications and information services. Private Mobile Radio
Service providers are telecommunications carriers to the extent they
provide domestic or international telecommunications for a fee directly
to the public.
Telecommunications service. The term telecommunications service
refers to the offering of telecommunications for a fee directly to the
public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
Telephone exchange service. A telephone exchange service is:
(1) A service within a telephone exchange, or within a connected
system of telephone exchanges within the same exchange area operated to
furnish to subscribers intercommunicating service of the character
ordinarily furnished by a single exchange, and which is covered by the
exchange service charge, or
(2) A comparable service provided through a system of switches,
transmission equipment, or other facilities (or combination thereof) by
which a subscriber can originate and terminate a telecommunications
service.
Telephone toll service. The term telephone toll service refers to
telephone service between stations in different exchange areas for which
there is made a separate charge not included in contracts with
subscribers for exchange service.
Unreasonable dialing delay. For the same type of calls, dialing
delay is ``unreasonable'' when the dialing delay experienced by the
customer of a competing provider is greater than that experienced by a
customer of the LEC providing dialing parity, or nondiscriminatory
access to operator services or directory assistance.
[[Page 18]]
Triennial Review Order. The Triennial Review Order means the
Commission's Report and Order and Order on Remand and Further Notice of
Proposed Rulemaking in CC Docket Nos. 01-338, 96-98, and 98-147.
Triennial Review Remand Order. The Triennial Review Remand Order is
the Commission's Order on Remand in CC Docket Nos. 01-338 and 04-313
(released February 4, 2005).
Virtual collocation. Virtual collocation is an offering by an
incumbent LEC that enables a requesting telecommunications carrier to:
(1) Designate or specify equipment to be used for interconnection or
access to unbundled network elements to be located within or upon an
incumbent LEC's premises, and dedicated to such telecommunications
carrier's use;
(2) Use such equipment to interconnect with an incumbent LEC's
network facilities for the transmission and routing of telephone
exchange service, exchange access service, or both, or for access to an
incumbent LEC's unbundled network elements for the provision of a
telecommunications service; and
(3) Electronically monitor and control its communications channels
terminating in such equipment.
Wire center. A wire center is the location of an incumbent LEC local
switching facility containing one or more central offices, as defined in
the Appendix to part 36 of this chapter. The wire center boundaries
define the area in which all customers served by a given wire center are
located.
[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47348, Sept. 6, 1996;
64 FR 23241, Apr. 30, 1999; 65 FR 1344, Jan. 10, 2000; 65 FR 2550, Jan.
18, 2000; 65 FR 54438, Sept. 8, 2000; 66 FR 43521, Aug. 20, 2001; 68 FR
52293, Sept. 2, 2003; 70 FR 8952, Feb. 24, 2005]
Subpart B_Telecommunications Carriers
Sec.51.100 General duty.
(a) Each telecommunications carrier has the duty:
(1) To interconnect directly or indirectly with the facilities and
equipment of other telecommunications carriers; and
(2) To not install network features, functions, or capabilities that
do not comply with the guidelines and standards as provided in the
Commission's rules or section 255 or 256 of the Act.
(b) A telecommunication carrier that has interconnected or gained
access under sections 251(a)(1), 251(c)(2), or 251(c)(3) of the Act, may
offer information services through the same arrangement, so long as it
is offering telecommunications services through the same arrangement as
well.
Subpart C_Obligations of All Local Exchange Carriers
Sec.51.201 Resale.
The rules governing resale of services by an incumbent LEC are set
forth in subpart G of this part.
Sec.51.203 Number portability.
The rules governing number portability are set forth in part 52,
subpart C of this chapter.
Sec.51.205 Dialing parity: General.
A local exchange carrier (LEC) shall provide local dialing parity to
competing providers of telephone exchange service, with no unreasonable
dialing delays. Dialing parity shall be provided for originating
telecommunications services that require dialing to route a call.
[83 FR 42052, Aug. 20, 2018]
Sec.51.207 Local dialing parity.
A LEC shall permit telephone exchange service customers within a
local calling area to dial the same number of digits to make a local
telephone call notwithstanding the identity of the customer's or the
called party's telecommunications service provider.
[61 FR 47349, Sept. 6, 1996]
Sec.51.217 Nondiscriminatory access: Telephone numbers, operator
services, directory assistance services, and directory listings.
(a) Definitions. As used in this section, the following definitions
apply:
(1) Competing provider. A ``competing provider'' is a provider of
telephone exchange or telephone toll services that
[[Page 19]]
seeks nondiscriminatory access from a local exchange carrier (LEC) in
that LEC's service area.
(2) Nondiscriminatory access. ``Nondiscriminatory access'' refers to
access to telephone numbers, operator services, directory assistance and
directory listings that is at least equal to the access that the
providing local exchange carrier (LEC) itself receives.
Nondiscriminatory access includes, but is not limited to:
(i) Nondiscrimination between and among carriers in the rates,
terms, and conditions of the access provided; and
(ii) The ability of the competing provider to obtain access that is
at least equal in quality to that of the providing LEC.
(3) Providing local exchange carrier (LEC). A ``providing local
exchange carrier'' is a local exchange carrier (LEC) that is required to
permit nondiscriminatory access to a competing provider.
(b) General rule. A local exchange carrier (LEC) that provides
operator services, directory assistance services or directory listings
to its customers, or provides telephone numbers, shall permit competing
providers of telephone exchange service or telephone toll service to
have nondiscriminatory access to that service or feature, with no
unreasonable dialing delays.
(c) Specific requirements. A LEC subject to paragraph (b) of this
section must also comply with the following requirements:
(1) Telephone numbers. A LEC shall permit competing providers to
have access to telephone numbers that is identical to the access that
the LEC provides to itself.
(2) Operator services. A LEC must permit telephone service customers
to connect to the operator services offered by that customer's chosen
local service provider by dialing ``0,'' or ``0'' plus the desired
telephone number, regardless of the identity of the customer's local
telephone service provider.
(3) Directory assistance services and directory listings--(i) Access
to directory assistance. A LEC shall permit competing providers to have
access to its directory assistance services, including directory
assistance databases, so that any customer of a competing provider can
obtain directory listings, except as provided in paragraph (c)(3)(iv) of
this section, on a nondiscriminatory basis, notwithstanding the identity
of the customer's local service provider, or the identity of the
provider for the customer whose listing is requested. A LEC must supply
access to directory assistance in the manner specified by the competing
provider, including transfer of the LECs' directory assistance databases
in readily accessible magnetic tape, electronic or other convenient
format, as provided in paragraph (c)(3)(iii) of this section. Updates to
the directory assistance database shall be made in the same format as
the initial transfer (unless the requesting LEC requests otherwise), and
shall be performed in a timely manner, taking no longer than those made
to the providing LEC's own database. A LEC shall accept the listings of
those customers served by competing providers for inclusion in its
directory assistance/operator services databases.
(ii) Access to directory listings. A LEC that compiles directory
listings shall share directory listings with competing providers in the
manner specified by the competing provider, including readily accessible
tape or electronic formats, as provided in paragraph (c)(3)(iii) of this
section. Such data shall be provided in a timely fashion.
(iii) Format. A LEC shall provide access to its directory assistance
services, including directory assistance databases, and to its directory
listings in any format the competing provider specifies, if the LEC's
internal systems can accommodate that format.
(A) If a LEC's internal systems do not permit it provide directory
assistance or directory listings in the format the specified by the
competing provider, the LEC shall:
(1) Within thirty days of receiving the request, inform the
competing provider that the requested format cannot be accommodated and
tell the requesting provider which formats can be accommodated; and
(2) Provide the requested directory assistance or directory listings
in the format the competing provider chooses from among the available
formats.
(B) [Reserved]
[[Page 20]]
(iv) Unlisted numbers. A LEC shall not provide access to unlisted
telephone numbers, or other information that its customer has asked the
LEC not to make available, with the exception of customer name and
address. The LEC shall ensure that access is permitted to the same
directory information, including customer name and address, that is
available to its own directory assistance customers.
(v) Adjuncts to services. Operator services and directory assistance
services must be made available to competing providers in their
entirety, including access to any adjunct features (e.g., rating tables
or customer information databases) necessary to allow competing
providers full use of these services.
(d) Branding of operator services and directory assistance services.
The refusal of a providing local exchange carrier (LEC) to comply with
the reasonable request of a competing provider that the providing LEC
rebrand its operator services and directory assistance, or remove its
brand from such services, creates a presumption that the providing LEC
is unlawfully restricting access to its operator services and directory
assistance. The providing LEC can rebut this presumption by
demonstrating that it lacks the capability to comply with the competing
provider's request.
(e) Disputes--(1) Disputes involving nondiscriminatory access. In
disputes involving nondiscriminatory access to operator services,
directory assistance services, or directory listings, a providing LEC
shall bear the burden of demonstrating with specificity:
(i) That it is permitting nondiscriminatory access, and
(ii) That any disparity in access is not caused by factors within
its control. ``Factors within its control'' include, but are not limited
to, physical facilities, staffing, the ordering of supplies or
equipment, and maintenance.
(2) Disputes involving unreasonable dialing delay. In disputes
between providing local exchange carriers (LECs) and competing providers
involving unreasonable dialing delay in the provision of access to
operator services and directory assistance, the burden of proof is on
the providing LEC to demonstrate with specificity that it is processing
the calls of the competing provider's customers on terms equal to that
of similar calls from the providing LEC's own customers.
[61 FR 47350, Sept. 6, 1996, as amended at 64 FR 51911, Sept. 27, 1999]
Sec.51.219 Access to rights of way.
The rules governing access to rights of way are set forth in part 1,
subpart J of this chapter.
Sec.51.221 Reciprocal compensation.
The rules governing reciprocal compensation are set forth in subpart
H of this part.
Sec.51.223 Application of additional requirements.
(a) A state may not impose the obligations set forth in section
251(c) of the Act on a LEC that is not classified as an incumbent LEC as
defined in section 251(h)(1) of the Act, unless the Commission issues an
order declaring that such LECs or classes or categories of LECs should
be treated as incumbent LECs.
(b) A state commission, or any other interested party, may request
that the Commission issue an order declaring that a particular LEC be
treated as an incumbent LEC, or that a class or category of LECs be
treated as incumbent LECs, pursuant to section 251(h)(2) of the Act.
Sec.51.230 Presumption of acceptability for deployment of an
advanced services loop technology.
(a) An advanced services loop technology is presumed acceptable for
deployment under any one of the following circumstances, where the
technology:
(1) Complies with existing industry standards; or
(2) Is approved by an industry standards body, the Commission, or
any state commission; or
(3) Has been successfully deployed by any carrier without
significantly degrading the performance of other services.
(b) An incumbent LEC may not deny a carrier's request to deploy a
technology that is presumed acceptable for deployment unless the
incumbent LEC demonstrates to the relevant state commission that
deployment of the
[[Page 21]]
particular technology will significantly degrade the performance of
other advanced services or traditional voiceband services.
(c) Where a carrier seeks to establish that deployment of a
technology falls within the presumption of acceptability under paragraph
(a)(3) of this section, the burden is on the requesting carrier to
demonstrate to the state commission that its proposed deployment meets
the threshold for a presumption of acceptability and will not, in fact,
significantly degrade the performance of other advanced services or
traditional voice band services. Upon a successful demonstration by the
requesting carrier before a particular state commission, the deployed
technology shall be presumed acceptable for deployment in other areas.
[65 FR 1345, Jan. 10, 2000]
Sec.51.231 Provision of information on advanced services deployment.
(a) An incumbent LEC must provide to requesting carriers that seek
access to a loop or high frequency portion of the loop to provide
advanced services:
(1) Uses in determining which services can be deployed; and
information with respect to the spectrum management procedures and
policies that the incumbent LEC.
(2) Information with respect to the rejection of the requesting
carrier's provision of advanced services, together with the specific
reason for the rejection; and
(3) Information with respect to the number of loops using advanced
services technology within the binder and type of technology deployed on
those loops.
(b) A requesting carrier that seeks access to a loop or a high
frequency portion of a loop to provide advanced services must provide to
the incumbent LEC information on the type of technology that the
requesting carrier seeks to deploy.
(1) Where the requesting carrier asserts that the technology it
seeks to deploy fits within a generic power spectral density (PSD) mask,
it also must provide Spectrum Class information for the technology.
(2) Where a requesting carrier relies on a calculation-based
approach to support deployment of a particular technology, it must
provide the incumbent LEC with information on the speed and power at
which the signal will be transmitted.
(c) The requesting carrier also must provide the information
required under paragraph (b) of this section when notifying the
incumbent LEC of any proposed change in advanced services technology
that the carrier uses on the loop.
[65 FR 1345, Jan. 10, 2000]
Sec.51.232 Binder group management.
(a) With the exception of loops on which a known disturber is
deployed, the incumbent LEC shall be prohibited from designating,
segregating or reserving particular loops or binder groups for use
solely by any particular advanced services loop technology.
(b) Any party seeking designation of a technology as a known
disturber should file a petition for declaratory ruling with the
Commission seeking such designation, pursuant to Sec.1.2 of this
chapter.
[65 FR 1346, Jan. 10, 2000]
Sec.51.233 Significant degradation of services caused by deployment
of advanced services.
(a) Where a carrier claims that a deployed advanced service is
significantly degrading the performance of other advanced services or
traditional voiceband services, that carrier must notify the deploying
carrier and allow the deploying carrier a reasonable opportunity to
correct the problem. Where the carrier whose services are being degraded
does not know the precise cause of the degradation, it must notify each
carrier that may have caused or contributed to the degradation.
(b) Where the degradation asserted under paragraph (a) of this
section remains unresolved by the deploying carrier(s) after a
reasonable opportunity to correct the problem, the carrier whose
services are being degraded must establish before the relevant state
commission that a particular technology deployment is causing the
significant degradation.
[[Page 22]]
(c) Any claims of network harm presented to the deploying carrier(s)
or, if subsequently necessary, the relevant state commission, must be
supported with specific and verifiable information.
(d) Where a carrier demonstrates that a deployed technology is
significantly degrading the performance of other advanced services or
traditional voice band services, the carrier deploying the technology
shall discontinue deployment of that technology and migrate its
customers to technologies that will not significantly degrade the
performance of other such services.
(e) Where the only degraded service itself is a known disturber, and
the newly deployed technology satisfies at least one of the criteria for
a presumption that it is acceptable for deployment under Sec.51.230,
the degraded service shall not prevail against the newly-deployed
technology.
[65 FR 1346, Jan. 10, 2000]
Subpart D_Additional Obligations of Incumbent Local Exchange Carriers
Sec.51.301 Duty to negotiate.
(a) An incumbent LEC shall negotiate in good faith the terms and
conditions of agreements to fulfill the duties established by sections
251 (b) and (c) of the Act.
(b) A requesting telecommunications carrier shall negotiate in good
faith the terms and conditions of agreements described in paragraph (a)
of this section.
(c) If proven to the Commission, an appropriate state commission, or
a court of competent jurisdiction, the following actions or practices,
among others, violate the duty to negotiate in good faith:
(1) Demanding that another party sign a nondisclosure agreement that
precludes such party from providing information requested by the
Commission, or a state commission, or in support of a request for
arbitration under section 252(b)(2)(B) of the Act;
(2) Demanding that a requesting telecommunications carrier attest
that an agreement complies with all provisions of the Act, federal
regulations, or state law;
(3) Refusing to include in an arbitrated or negotiated agreement a
provision that permits the agreement to be amended in the future to take
into account changes in Commission or state rules;
(4) Conditioning negotiation on a requesting telecommunications
carrier first obtaining state certifications;
(5) Intentionally misleading or coercing another party into reaching
an agreement that it would not otherwise have made;
(6) Intentionally obstructing or delaying negotiations or
resolutions of disputes;
(7) Refusing throughout the negotiation process to designate a
representative with authority to make binding representations, if such
refusal significantly delays resolution of issues; and
(8) Refusing to provide information necessary to reach agreement.
Such refusal includes, but is not limited to:
(i) Refusal by an incumbent LEC to furnish information about its
network that a requesting telecommunications carrier reasonably requires
to identify the network elements that it needs in order to serve a
particular customer; and
(ii) Refusal by an incumbent LEC to furnish cost data that would be
relevant to setting rates if the parties were in arbitration.
[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]
Sec.51.303 Preexisting agreements.
(a) All interconnection agreements between an incumbent LEC and a
telecommunications carrier, including those negotiated before February
8, 1996, shall be submitted by the parties to the appropriate state
commission for approval pursuant to section 252(e) of the Act.
(b) Interconnection agreements negotiated before February 8, 1996,
between Class A carriers, as defined by Sec.32.11(a)(1) of this
chapter, shall be filed by the parties with the appropriate state
commission no later than June 30, 1997, or such earlier date as the
state commission may require.
(c) If a state commission approves a preexisting agreement, it shall
be made
[[Page 23]]
available to other parties in accordance with section 252(i) of the Act
and Sec.51.809 of this part. A state commission may reject a
preexisting agreement on the grounds that it is inconsistent with the
public interest, or for other reasons set forth in section 252(e)(2)(A)
of the Act.
Sec.51.305 Interconnection.
(a) An incumbent LEC shall provide, for the facilities and equipment
of any requesting telecommunications carrier, interconnection with the
incumbent LEC's network:
(1) For the transmission and routing of telephone exchange traffic,
exchange access traffic, or both;
(2) At any technically feasible point within the incumbent LEC's
network including, at a minimum:
(i) The line-side of a local switch;
(ii) The trunk-side of a local switch;
(iii) The trunk interconnection points for a tandem switch;
(iv) Central office cross-connect points;
(v) Out-of-band signaling transfer points necessary to exchange
traffic at these points and access call-related databases; and
(vi) The points of access to unbundled network elements as described
in Sec.51.319;
(3) That is at a level of quality that is equal to that which the
incumbent LEC provides itself, a subsidiary, an affiliate, or any other
party. At a minimum, this requires an incumbent LEC to design
interconnection facilities to meet the same technical criteria and
service standards that are used within the incumbent LEC's network. This
obligation is not limited to a consideration of service quality as
perceived by end users, and includes, but is not limited to, service
quality as perceived by the requesting telecommunications carrier; and
(4) On terms and conditions that are just, reasonable, and
nondiscriminatory in accordance with the terms and conditions of any
agreement, the requirements of sections 251 and 252 of the Act, and the
Commission's rules including, but not limited to, offering such terms
and conditions equally to all requesting telecommunications carriers,
and offering such terms and conditions that are no less favorable than
the terms and conditions upon which the incumbent LEC provides such
interconnection to itself. This includes, but is not limited to, the
time within which the incumbent LEC provides such interconnection.
(b) A carrier that requests interconnection solely for the purpose
of originating or terminating its interexchange traffic on an incumbent
LEC's network and not for the purpose of providing to others telephone
exchange service, exchange access service, or both, is not entitled to
receive interconnection pursuant to section 251(c)(2) of the Act.
(c) Previous successful interconnection at a particular point in a
network, using particular facilities, constitutes substantial evidence
that interconnection is technically feasible at that point, or at
substantially similar points, in networks employing substantially
similar facilities. Adherence to the same interface or protocol
standards shall constitute evidence of the substantial similarity of
network facilities.
(d) Previous successful interconnection at a particular point in a
network at a particular level of quality constitutes substantial
evidence that interconnection is technically feasible at that point, or
at substantially similar points, at that level of quality.
(e) An incumbent LEC that denies a request for interconnection at a
particular point must prove to the state commission that interconnection
at that point is not technically feasible.
(f) If technically feasible, an incumbent LEC shall provide two-way
trunking upon request.
(g) An incumbent LEC shall provide to a requesting
telecommunications carrier technical information about the incumbent
LEC's network facilities sufficient to allow the requesting carrier to
achieve interconnection consistent with the requirements of this
section.
[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47351, Sept. 6, 1996;
68 FR 52294, Sept. 2, 2003]
[[Page 24]]
Sec.51.307 Duty to provide access on an unbundled basis to network
elements.
(a) An incumbent LEC shall provide, to a requesting
telecommunications carrier for the provision of a telecommunications
service, nondiscriminatory access to network elements on an unbundled
basis at any technically feasible point on terms and conditions that are
just, reasonable, and nondiscriminatory in accordance with the terms and
conditions of any agreement, the requirements of sections 251 and 252 of
the Act, and the Commission's rules.
(b) The duty to provide access to unbundled network elements
pursuant to section 251(c)(3) of the Act includes a duty to provide a
connection to an unbundled network element independent of any duty to
provide interconnection pursuant to this part and section 251(c)(2) of
the Act.
(c) An incumbent LEC shall provide a requesting telecommunications
carrier access to an unbundled network element, along with all of the
unbundled network element's features, functions, and capabilities, in a
manner that allows the requesting telecommunications carrier to provide
any telecommunications service that can be offered by means of that
network element.
(d) An incumbent LEC shall provide a requesting telecommunications
carrier access to the facility or functionality of a requested network
element separate from access to the facility or functionality of other
network elements, for a separate charge.
(e) An incumbent LEC shall provide to a requesting
telecommunications carrier technical information about the incumbent
LEC's network facilities sufficient to allow the requesting carrier to
achieve access to unbundled network elements consistent with the
requirements of this section.
[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47351, Sept. 6, 1996]
Sec.51.309 Use of unbundled network elements.
(a) Except as provided in Sec.51.318, an incumbent LEC shall not
impose limitations, restrictions, or requirements on requests for, or
the use of, unbundled network elements for the service a requesting
telecommunications carrier seeks to offer.
(b) A requesting telecommunications carrier may not access an
unbundled network element for the exclusive provision of mobile wireless
services or interexchange services.
(c) A telecommunications carrier purchasing access to an unbundled
network facility is entitled to exclusive use of that facility for a
period of time, or when purchasing access to a feature, function, or
capability of a facility, a telecommunications carrier is entitled to
use of that feature, function, or capability for a period of time. A
telecommunications carrier's purchase of access to an unbundled network
element does not relieve the incumbent LEC of the duty to maintain,
repair, or replace the unbundled network element.
(d) A requesting telecommunications carrier that accesses and uses
an unbundled network element consistent with paragraph (b) of this
section may provide any telecommunications services over the same
unbundled network element.
(e) Except as provided in Sec.51.318, an incumbent LEC shall
permit a requesting telecommunications carrier to commingle an unbundled
network element or a combination of unbundled network elements with
wholesale services obtained from an incumbent LEC.
(f) Upon request, an incumbent LEC shall perform the functions
necessary to commingle an unbundled network element or a combination of
unbundled network elements with one or more facilities or services that
a requesting telecommunications carrier has obtained at wholesale from
an incumbent LEC.
(g) An incumbent LEC shall not deny access to an unbundled network
element or a combination of unbundled network elements on the grounds
that one or more of the elements:
(1) Is connected to, attached to, linked to, or combined with, a
facility or service obtained from an incumbent LEC; or
(2) Shares part of the incumbent LEC's network with access services
or
[[Page 25]]
inputs for mobile wireless services and/or interexchange services.
[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003;
70 FR 8952, Feb. 24, 2005]
Sec.51.311 Nondiscriminatory access to unbundled network elements.
(a) The quality of an unbundled network element, as well as the
quality of the access to the unbundled network element, that an
incumbent LEC provides to a requesting telecommunications carrier shall
be the same for all telecommunications carriers requesting access to
that network element.
(b) To the extent technically feasible, the quality of an unbundled
network element, as well as the quality of the access to such unbundled
network element, that an incumbent LEC provides to a requesting
telecommunications carrier shall be at least equal in quality to that
which the incumbent LEC provides to itself. If an incumbent LEC fails to
meet this requirement, the incumbent LEC must prove to the state
commission that it is not technically feasible to provide the requested
unbundled network element, or to provide access to the requested
unbundled network element, at a level of quality that is equal to that
which the incumbent LEC provides to itself.
(c) Previous successful access to an unbundled element at a
particular point in a network, using particular facilities, is
substantial evidence that access is technically feasible at that point,
or at substantially similar points, in networks employing substantially
similar facilities. Adherence to the same interface or protocol
standards shall constitute evidence of the substantial similarity of
network facilities.
(d) Previous successful provision of access to an unbundled element
at a particular point in a network at a particular level of quality is
substantial evidence that access is technically feasible at that point,
or at substantially similar points, at that level of quality.
[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]
Sec.51.313 Just, reasonable and nondiscriminatory terms and conditions
for the provision of unbundled network elements.
(a) The terms and conditions pursuant to which an incumbent LEC
provides access to unbundled network elements shall be offered equally
to all requesting telecommunications carriers.
(b) Where applicable, the terms and conditions pursuant to which an
incumbent LEC offers to provide access to unbundled network elements,
including but not limited to, the time within which the incumbent LEC
provisions such access to unbundled network elements, shall, at a
minimum, be no less favorable to the requesting carrier than the terms
and conditions under which the incumbent LEC provides such elements to
itself.
(c) An incumbent LEC must provide a carrier purchasing access to
unbundled network elements with the pre-ordering, ordering,
provisioning, maintenance and repair, and billing functions of the
incumbent LEC's operations support systems.
Sec.51.315 Combination of unbundled network elements.
(a) An incumbent LEC shall provide unbundled network elements in a
manner that allows requesting telecommunications carriers to combine
such network elements in order to provide a telecommunications service.
(b) Except upon request, an incumbent LEC shall not separate
requested network elements that the incumbent LEC currently combines.
(c) Upon request, an incumbent LEC shall perform the functions
necessary to combine unbundled network elements in any manner, even if
those elements are not ordinarily combined in the incumbent LEC's
network, provided that such combination:
(1) Is technically feasible; and
(2) Would not undermine the ability of other carriers to obtain
access to unbundled network elements or to interconnect with the
incumbent LEC's network.
(d) Upon request, an incumbent LEC shall perform the functions
necessary to combine unbundled network elements with elements possessed
by the
[[Page 26]]
requesting telecommunications carrier in any technically feasible
manner.
(e) An incumbent LEC that denies a request to combine elements
pursuant to paragraph (c)(1) or paragraph (d) of this section must prove
to the state commission that the requested combination is not
technically feasible.
(f) An incumbent LEC that denies a request to combine unbundled
network elements pursuant to paragraph (c)(2) of this section must
demonstrate to the state commission that the requested combination would
undermine the ability of other carriers to obtain access to unbundled
network elements or to interconnect with the incumbent LEC's network.
[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]
Sec.51.316 Conversion of unbundled network elements and services.
(a) Upon request, an incumbent LEC shall convert a wholesale
service, or group of wholesale services, to the equivalent unbundled
network element, or combination of unbundled network elements, that is
available to the requesting telecommunications carrier under section
251(c)(3) of the Act and this part.
(b) An incumbent LEC shall perform any conversion from a wholesale
service or group of wholesale services to an unbundled network element
or combination of unbundled network elements without adversely affecting
the service quality perceived by the requesting telecommunications
carrier's end-user customer.
(c) Except as agreed to by the parties, an incumbent LEC shall not
impose any untariffed termination charges, or any disconnect fees, re-
connect fees, or charges associated with establishing a service for the
first time, in connection with any conversion between a wholesale
service or group of wholesale services and an unbundled network element
or combination of unbundled network elements.
[68 FR 52294, Sept. 2, 2003]
Sec.51.317 Standards for requiring the unbundling of network
elements.
(a) Proprietary network elements. A network element shall be
considered to be proprietary if an incumbent LEC can demonstrate that it
has invested resources to develop proprietary information or
functionalities that are protected by patent, copyright or trade secret
law. The Commission shall undertake the following analysis to determine
whether a proprietary network element should be made available for
purposes of section 251(c)(3) of the Act:
(1) Determine whether access to the proprietary network element is
``necessary.'' A network element is ``necessary'' if, taking into
consideration the availability of alternative elements outside the
incumbent LEC's network, including self-provisioning by a requesting
telecommunications carrier or acquiring an alternative from a third-
party supplier, lack of access to the network element precludes a
requesting telecommunications carrier from providing the services that
it seeks to offer. If access is ``necessary,'' the Commission may
require the unbundling of such proprietary network element.
(2) In the event that such access is not ``necessary,'' the
Commission may require unbundling if it is determined that:
(i) The incumbent LEC has implemented only a minor modification to
the network element in order to qualify for proprietary treatment;
(ii) The information or functionality that is proprietary in nature
does not differentiate the incumbent LEC's services from the requesting
telecommunications carrier's services; or
(iii) Lack of access to such element would jeopardize the goals of
the Act.
(b) Non-proprietary network elements. The Commission shall determine
whether a non-proprietary network element should be made available for
purposes of section 251(c)(3) of the Act by analyzing, at a minimum,
whether lack of access to a non-proprietary network element ``impairs''
a requesting carrier's ability to provide the service it seeks to offer.
A requesting carrier's ability to provide service is ``impaired'' if,
taking into consideration the availability of alternative elements
outside
[[Page 27]]
the incumbent LEC's network, including elements self-provisioned by the
requesting carrier or acquired as an alternative from a third-party
supplier, lack of access to that element poses a barrier or barriers to
entry, including operational and economic barriers, that are likely to
make entry into a market by a reasonably efficient competitor
uneconomic.
[70 FR 8952, Feb. 24, 2005]
Sec.51.318 Eligibility criteria for access to certain unbundled
network elements.
(a) Except as provided in paragraph (b) of this section, an
incumbent LEC shall provide access to unbundled network elements and
combinations of unbundled network elements without regard to whether the
requesting telecommunications carrier seeks access to the elements to
establish a new circuit or to convert an existing circuit from a service
to unbundled network elements.
(b) An incumbent LEC need not provide access to an unbundled DS1
loop in combination, or commingled, with a dedicated DS1 transport or
dedicated DS3 transport facility or service, or to an unbundled DS3 loop
in combination, or commingled, with a dedicated DS3 transport facility
or service, or an unbundled dedicated DS1 transport facility in
combination, or commingled, with an unbundled DS1 loop or a DS1 channel
termination service, or to an unbundled dedicated DS3 transport facility
in combination, or commingled, with an unbundled DS1 loop or a DS1
channel termination service, or to an unbundled DS3 loop or a DS3
channel termination service, unless the requesting telecommunications
carrier certifies that all of the following conditions are met:
(1) The requesting telecommunications carrier has received state
certification to provide local voice service in the area being served
or, in the absence of a state certification requirement, has complied
with registration, tariffing, filing fee, or other regulatory
requirements applicable to the provision of local voice service in that
area.
(2) The following criteria are satisfied for each combined circuit,
including each DS1 circuit, each DS1 enhanced extended link, and each
DS1-equivalent circuit on a DS3 enhanced extended link:
(i) Each circuit to be provided to each customer will be assigned a
local number prior to the provision of service over that circuit;
(ii) Each DS1-equivalent circuit on a DS3 enhanced extended link
must have its own local number assignment, so that each DS3 must have at
least 28 local voice numbers assigned to it;
(iii) Each circuit to be provided to each customer will have 911 or
E911 capability prior to the provision of service over that circuit;
(iv) Each circuit to be provided to each customer will terminate in
a collocation arrangement that meets the requirements of paragraph (c)
of this section;
(v) Each circuit to be provided to each customer will be served by
an interconnection trunk that meets the requirements of paragraph (d) of
this section;
(vi) For each 24 DS1 enhanced extended links or other facilities
having equivalent capacity, the requesting telecommunications carrier
will have at least one active DS1 local service interconnection trunk
that meets the requirements of paragraph (d) of this section; and
(vii) Each circuit to be provided to each customer will be served by
a switch capable of switching local voice traffic.
(c) A collocation arrangement meets the requirements of this
paragraph if it is:
(1) Established pursuant to section 251(c)(6) of the Act and located
at an incumbent LEC premises within the same LATA as the customer's
premises, when the incumbent LEC is not the collocator; and
(2) Located at a third party's premises within the same LATA as the
customer's premises, when the incumbent LEC is the collocator.
(d) An interconnection trunk meets the requirements of this
paragraph if the requesting telecommunications carrier will transmit the
calling party's number in connection with calls exchanged over the
trunk.
[68 FR 52295, Sept. 2, 2003, as amended at 68 FR 64000, Nov. 12, 2003]
[[Page 28]]
Sec.51.319 Specific unbundling requirements.
(a) Local loops. An incumbent LEC shall provide a requesting
telecommunications carrier with nondiscriminatory access to the local
loop on an unbundled basis, in accordance with section 251(c)(3) of the
Act and this part and as set forth in paragraphs (a)(1) through (8) of
this section. The local loop network element is defined as a
transmission facility between a distribution frame (or its equivalent)
in an incumbent LEC central office and the loop demarcation point at an
end-user customer premises. This element includes all features,
functions, and capabilities of such transmission facility, including the
network interface device. It also includes all electronics, optronics,
and intermediate devices (including repeaters and load coils) used to
establish the transmission path to the end-user customer premises as
well as any inside wire owned or controlled by the incumbent LEC that is
part of that transmission path.
(1) Copper loops. An incumbent LEC shall provide a requesting
telecommunications carrier with nondiscriminatory access to the copper
on an unbundled basis in census blocks defined as rural or urban cluster
by the Census Bureau. A copper loop is a stand-alone local loop
comprised entirely of copper wire or cable. For purposes of this
section, copper loops include only digital copper loops (e.g., DS0s and
integrated services digital network lines) as well as two-wire and four-
wire copper loops conditioned to transmit the digital signals needed to
provide digital subscriber line services, regardless of whether the
copper loops are in service or held as spares. The copper loop does not
include packet switching capabilities as defined in paragraph (a)(2)(i)
of this section. The availability of DS1 and DS3 copper loops is subject
to the requirements of paragraphs (a)(4) and (5) of this section.
(i) Line splitting. An incumbent LEC shall provide a requesting
telecommunications carrier that obtains an unbundled copper loop from
the incumbent LEC with the ability to engage in line splitting
arrangements with another competitive LEC using a splitter collocated at
the central office where the loop terminates into a distribution frame
or its equivalent. Line splitting is the process in which one
competitive LEC provides narrowband voice service over the low frequency
portion of a copper loop and a second competitive LEC provides digital
subscriber line service over the high frequency portion of that same
loop. The high frequency portion of the loop consists of the frequency
range on the copper loop above the range that carries analog circuit-
switched voice transmissions. This portion of the loop includes the
features, functions, and capabilities of the loop that are used to
establish a complete transmission path on the high frequency range
between the incumbent LEC's distribution frame (or its equivalent) in
its central office and the demarcation point at the end-user customer
premises, and includes the high frequency portion of any inside wire
owned or controlled by the incumbent LEC.
(A) An incumbent LEC's obligation, under paragraph (a)(1)(i) of this
section, to provide a requesting telecommunications carrier with the
ability to engage in line splitting applies regardless of whether the
carrier providing voice service provides its own switching or obtains
local circuit switching from the incumbent LEC.
(B) An incumbent LEC must make all necessary network modifications,
including providing nondiscriminatory access to operations support
systems necessary for pre-ordering, ordering, provisioning, maintenance
and repair, and billing for loops used in line splitting arrangements.
(ii) Line conditioning. The incumbent LEC shall condition a copper
loop at the request of the carrier seeking access to a copper loop under
paragraph (a)(1) of this section or a copper subloop under paragraph (b)
of this section to ensure that the copper loop or copper subloop is
suitable for providing digital subscriber line services, whether or not
the incumbent LEC offers advanced services to the end-user customer on
that copper loop or copper subloop. If the incumbent LEC seeks
[[Page 29]]
compensation from the requesting telecommunications carrier for line
conditioning, the requesting telecommunications carrier has the option
of refusing, in whole or in part, to have the line conditioned; and a
requesting telecommunications carrier's refusal of some or all aspects
of line conditioning will not diminish any right it may have, under
paragraphs (a) and (b) of this section, to access the copper loop or the
copper subloop.
(A) Line conditioning is defined as the removal from a copper loop
or copper subloop of any device that could diminish the capability of
the loop or subloop to deliver high-speed switched wireline
telecommunications capability, including digital subscriber line
service. Such devices include, but are not limited to, bridge taps, load
coils, low pass filters, and range extenders.
(B) Incumbent LECs shall recover the costs of line conditioning from
the requesting telecommunications carrier in accordance with the
Commission's forward-looking pricing principles promulgated pursuant to
section 252(d)(1) of the Act and in compliance with rules governing
nonrecurring costs in Sec.51.507(e).
(C) Insofar as it is technically feasible, the incumbent LEC shall
test and report troubles for all the features, functions, and
capabilities of conditioned copper lines, and may not restrict its
testing to voice transmission only.
(iii) Maintenance, repair, and testing. (A) An incumbent LEC shall
provide, on a nondiscriminatory basis, physical loop test access points
to a requesting telecommunications carrier at the splitter, through a
cross-connection to the requesting telecommunications carrier's
collocation space, or through a standardized interface, such as an
intermediate distribution frame or a test access server, for the purpose
of testing, maintaining, and repairing copper loops and copper subloops.
(B) An incumbent LEC seeking to utilize an alternative physical
access methodology may request approval to do so from the state
commission, but must show that the proposed alternative method is
reasonable and nondiscriminatory, and will not disadvantage a requesting
telecommunications carrier's ability to perform loop or service testing,
maintenance, or repair.
(iv) Control of the loop and splitter functionality. In situations
where a requesting telecommunications carrier is obtaining access to the
high frequency portion of a copper loop through a line splitting
arrangement, the incumbent LEC may maintain control over the loop and
splitter equipment and functions, and shall provide to the requesting
telecommunications carrier loop and splitter functionality that is
compatible with any transmission technology that the requesting
telecommunications carrier seeks to deploy using the high frequency
portion of the loop, as defined in paragraph (a)(1)(i) of this section,
provided that such transmission technology is presumed to be deployable
pursuant to Sec.51.230.
(v) Transition period for narrowband loops. Notwithstanding any
other provision of the Commission's rules in this part, an incumbent LEC
shall continue to provide a requesting telecommunications carrier with
nondiscriminatory access to two-wire and four-wire analog voice grade
copper loops, the TDM-features, functions, and capabilities of hybrid
loops, or to a 64 kilobits per second transmission path capable of voice
grade service over the fiber-to-the-home loop or fiber-to-the-curb loop
for 36 months until February 8, 2024, provided such loop was being
provided before February 8, 2021.
(vi) Transition period for digital copper loops and two-wire and
four-wire copper loops conditioned to transmit digital signals.
Notwithstanding the remainder of paragraph (a)(1) of this section, an
incumbent LEC shall continue to provide a requesting telecommunications
carrier with nondiscriminatory access to copper loops as defined in this
section for 48 months until February 10, 2025, provided that the
incumbent LEC began providing such loop no later than February 8, 2023.
Incumbent LECs may raise the rates charged for such loops by no more
than 25 percent during months 37 to 48 of this transition period and may
charge market-based rates after month 48.
(2) Hybrid loops. A hybrid loop is a local loop composed of both
fiber optic cable, usually in the feeder plant, and
[[Page 30]]
copper wire or cable, usually in the distribution plant.(i) Packet
switching facilities, features, functions, and capabilities. An
incumbent LEC is not required to provide unbundled access to the packet
switched features, functions and capabilities of its hybrid loops.
Packet switching capability is the routing or forwarding of packets,
frames, cells, or other data units based on address or other routing
information contained in the packets, frames, cells or other data units,
and the functions that are performed by the digital subscriber line
access multiplexers, including but not limited to the ability to
terminate an end-user customer's copper loop (which includes both a low-
band voice channel and a high-band data channel, or solely a data
channel); the ability to forward the voice channels, if present, to a
circuit switch or multiple circuit switches; the ability to extract data
units from the data channels on the loops; and the ability to combine
data units from multiple loops onto one or more trunks connecting to a
packet switch or packet switches.
(ii) [Reserved]
(3) Fiber loops--(i) Definitions--(A) Fiber-to-the-home loops. A
fiber-to-the-home loop is a local loop consisting entirely of fiber
optic cable, whether dark or lit, serving an end user's customer
premises or, in the case of predominantly residential multiple dwelling
units (MDUs), a fiber optic cable, whether dark or lit, that extends to
the multiunit premises' minimum point of entry (MPOE).
(B) Fiber-to-the-curb loops. A fiber-to-the-curb loop is a local
loop consisting of fiber optic cable connecting to a copper distribution
plant that is not more than 500 feet from the customer's premises or, in
the case of predominantly residential MDUs, not more than 500 feet from
the MDU's MPOE. The fiber optic cable in a fiber-to-the-curb loop must
connect to a copper distribution plant at a serving area interface from
which every other copper distribution subloop also is not more than 500
feet from the respective customer's premises.
(ii) New builds. An incumbent LEC is not required to provide
nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-
curb loop on an unbundled basis when the incumbent LEC deploys such a
loop to an end user's customer premises that previously has not been
served by any loop facility.
(iii) Overbuilds. An incumbent LEC is not required to provide
nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-
curb loop on an unbundled basis when the incumbent LEC has deployed such
a loop parallel to, or in replacement of, an existing copper loop
facility, except that:
(A) The incumbent LEC must maintain the existing copper loop
connected to the particular customer premises after deploying the fiber-
to-the-home loop or the fiber-to-the-curb loop and provide
nondiscriminatory access to that copper loop on an unbundled basis
unless the incumbent LEC retires the copper loops pursuant to paragraph
(a)(3)(iv) of this section.
(B) An incumbent LEC that maintains the existing copper loops
pursuant to paragraph (a)(3)(iii)(A) of this section need not incur any
expenses to ensure that the existing copper loop remains capable of
transmitting signals prior to receiving a request for access pursuant to
that paragraph, in which case the incumbent LEC shall restore the copper
loop to serviceable condition upon request.
(iv) Retirement of copper loops or copper subloops. Prior to
retiring any copper loop or copper subloop that has been replaced with a
fiber-to-the-home loop or a fiber-to-the-curb loop, an incumbent LEC
must comply with:
(A) The network disclosure requirements set forth in section
251(c)(5) of the Act and in Sec.51.325 through Sec.51.335; and
(B) Any applicable state requirements.
(4) DS1 loops. (i) Availability of DS1 loops. (A) Subject to the cap
described in paragraph (a)(4)(ii) of this section, an incumbent LEC
shall provide a requesting telecommunications carrier with
nondiscriminatory access to a DS1 loop on an unbundled basis to any
building not served by a wire center with at least 60,000 business lines
and at least four fiber-based collocators, but only if that building is
located in:
[[Page 31]]
(1) Any county or portion of a county served by a price cap
incumbent LEC that is not included on the list of counties that have
been deemed competitive pursuant to the competitive market test
established under Sec.69.803 of this chapter; or
(2) Any study area served by a rate-of-return incumbent LEC provided
that study area is not included on the list of competitive study areas
pursuant to the competitive market test established under Sec.61.50 of
this chapter.
(B) Once a wire center exceeds both the business line and fiber-
based collocator thresholds, no future DS1 loop unbundling will be
required in that wire center. A DS1 loop is a digital local loop having
a total digital signal speed of 1.544 megabytes per second. DS1 loops
include, but are not limited to, two-wire and four-wire copper loops
capable of providing high-bit rate digital subscriber line services,
including T1 services.
(ii) Cap on unbundled DS1 loop circuits. A requesting
telecommunications carrier may obtain a maximum of ten unbundled DS1
loops to any single building in which DS1 loops are available as
unbundled loops.
(iii) Transition period. Notwithstanding paragraph (a)(4)(i) of this
section, an incumbent LEC shall continue to provide a requesting
telecommunications carrier with nondiscriminatory access to DS1 loops
for 42 months until August 8, 2024, provided the incumbent LEC began
providing such loop no later than February 8, 2023.
(5) DS3 loops. (i) Availability of DS3 loops. (A) Subject to the cap
described in paragraph (a)(5)(ii) of this section, an incumbent LEC
shall provide a requesting telecommunications carrier with
nondiscriminatory access to a DS3 loop on an unbundled basis to any
building not served by a wire center with at least 38,000 business lines
and at least four fiber-based collocators, but only if that building is
located in one of the following:
(1) Any county or portion of a county served by a price cap
incumbent LEC that is not included on the list of counties that have
been deemed competitive pursuant to the competitive market test
established under Sec.69.803 of this chapter; or
(2) Any study area served by a rate-of-return incumbent LEC provided
that study area is not included on the list of competitive study areas
pursuant to the competitive market test established under Sec.61.50 of
this chapter.
(B) Once a wire center exceeds the business line and fiber-based
collocator thresholds, no future DS3 loop unbundling will be required in
that wire center. A DS3 loop is a digital local loop having a total
digital signal speed of 44.736 megabytes per second.
(ii) Cap on unbundled DS3 loop circuits. A requesting
telecommunications carrier may obtain a maximum of a single unbundled
DS3 loop to any single building in which DS3 loops are available as
unbundled loops.
(iii) Transition period. Notwithstanding paragraph (a)(5)(i) of this
section, an incumbent LEC shall continue to provide a requesting
telecommunications carrier with nondiscriminatory access to DS3 loops
for 36 months after until February 8, 2024, provided such loop was being
provided before February 8, 2021.
(6) Dark fiber loops. An incumbent LEC is not required to provide
requesting telecommunications carriers with access to a dark fiber loop
on an unbundled basis. Dark fiber is fiber within an existing fiber
optic cable that has not yet been activated through optronics to render
it capable of carrying communications services.
(7) Routine network modifications. (i) An incumbent LEC shall make
all routine network modifications to unbundled loop facilities used by
requesting telecommunications carriers where the requested loop facility
has already been constructed. An incumbent LEC shall perform these
routine network modifications to unbundled loop facilities in a
nondiscriminatory fashion, without regard to whether the loop facility
being accessed was constructed on behalf, or in accordance with the
specifications, of any carrier.
(ii) A routine network modification is an activity that the
incumbent LEC regularly undertakes for its own customers. Routine
network modifications include, but are not limited to, rearranging or
splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing
[[Page 32]]
a repeater shelf; adding a line card; deploying a new multiplexer or
reconfiguring an existing multiplexer; and attaching electronic and
other equipment that the incumbent LEC ordinarily attaches to a DS1 loop
to activate such loop for its own customer. Routine network
modifications may entail activities such as accessing manholes,
deploying bucket trucks to reach aerial cable, and installing equipment
casings. Routine network modifications do not include the construction
of a new loop, or the installation of new aerial or buried cable for a
requesting telecommunications carrier.
(8) Engineering policies, practices, and procedures. An incumbent
LEC shall not engineer the transmission capabilities of its network in a
manner, or engage in any policy, practice, or procedure, that disrupts
or degrades access to a local loop or subloop, including the time
division multiplexing-based features, functions, and capabilities of a
hybrid loop, for which a requesting telecommunications carrier may
obtain or has obtained access pursuant to paragraph (a) of this section.
(b) Subloops and network interface devices. An incumbent LEC shall
provide a requesting telecommunications carrier with nondiscriminatory
access to subloops on an unbundled basis in accordance with section
251(c)(3) of the Act and this part and as set forth in this paragraph
(b), provided that the underlying loop is available as set forth in
paragraph (a) of this section. Notwithstanding any other provision of
the Commission's rules in this part, an incumbent LEC shall continue to
provide a requesting telecommunications carrier with nondiscriminatory
access to the subloop for access to multiunit premises wiring and
network interface devices on an unbundled basis for 36 months until
February 8, 2024, provided such subloop or network interface device was
being provided before February 8, 2021.
(1) Copper subloops. An incumbent LEC shall provide a requesting
telecommunications carrier with nondiscriminatory access to a copper
subloop on an unbundled basis. A copper subloop is a portion of a copper
loop, or hybrid loop, comprised entirely of copper wire or copper cable
that acts as a transmission facility between any point of technically
feasible access in an incumbent LEC's outside plant, including inside
wire owned or controlled by the incumbent LEC, and the end-user customer
premises. A copper subloop includes all intermediate devices (including
repeaters and load coils) used to establish a transmission path between
a point of technically feasible access and the demarcation point at the
end-user customer premises, and includes the features, functions, and
capabilities of the copper loop. Copper subloops include two-wire and
four-wire analog voice-grade subloops as well as two-wire and four-wire
subloops conditioned to transmit the digital signals needed to provide
digital subscriber line services, regardless of whether the subloops are
in service or held as spares.
(i) Point of technically feasible access. A point of technically
feasible access is any point in the incumbent LEC's outside plant where
a technician can access the copper wire within a cable without removing
a splice case. Such points include, but are not limited to, a pole or
pedestal, the serving area interface, the network interface device, the
minimum point of entry, any remote terminal, and the feeder/distribution
interface. An incumbent LEC shall, upon a site-specific request, provide
access to a copper subloop at a splice near a remote terminal. The
incumbent LEC shall be compensated for providing this access in
accordance with Sec. Sec.51.501 through 51.515.
(ii) Rules for collocation. Access to the copper subloop is subject
to the Commission's collocation rules at Sec. Sec.51.321 and 51.323.
(2) [Reserved]
(3) Other subloop provisions-- (i) Technical feasibility. If parties
are unable to reach agreement through voluntary negotiations as to
whether it is technically feasible, or whether sufficient space is
available, to unbundle a copper subloop at the point where a
telecommunications carrier requests, the incumbent LEC shall have the
burden of demonstrating to the state commission, in state proceedings
under section 252 of the Act, that there is not sufficient space
available, or that it is not
[[Page 33]]
technically feasible to unbundle the subloop at the point requested.
(ii) Best practices. Once one state commission has determined that
it is technically feasible to unbundle subloops at a designated point,
an incumbent LEC in any state shall have the burden of demonstrating to
the state commission, in state proceedings under section 252 of the Act,
that it is not technically feasible, or that sufficient space is not
available, to unbundle its own loops at such a point.
(c) Dedicated transport. An incumbent LEC shall provide a requesting
telecommunications carrier with nondiscriminatory access to dedicated
transport on an unbundled basis, in accordance with section 251(c)(3) of
the Act and this part, as set forth in paragraphs (d) through (d)(4) of
this section. A ``route'' is a transmission path between one of an
incumbent LEC's wire centers or switches and another of the incumbent
LEC's wire centers or switches. A route between two points (e.g., wire
center or switch ``A'' and wire center or switch ``Z'') may pass through
one or more intermediate wire centers or switches (e.g., wire center or
switch ``X''). Transmission paths between identical end points (e.g.,
wire center or switch ``A'' and wire center or switch ``Z'') are the
same ``route,'' irrespective of whether they pass through the same
intermediate wire centers or switches, if any.
(1) Definition. For purposes of this section, dedicated transport
includes incumbent LEC transmission facilities between wire centers or
switches owned by incumbent LECs, or between wire centers or switches
owned by incumbent LECs and switches owned by requesting
telecommunications carriers, including, but not limited to, DS1-, DS3-,
and OCn-capacity level services, as well as dark fiber, dedicated to a
particular customer or carrier.
(2) Availability. (i) Entrance facilities. An incumbent LEC is not
obligated to provide a requesting carrier with unbundled access to
dedicated transport that does not connect a pair of incumbent LEC wire
centers.
(ii) Dedicated DS1 transport. Dedicated DS1 transport shall be made
available to requesting carriers on an unbundled basis as set forth in
paragraphs (d)(2)(ii)(A) and (B) of this section. Dedicated DS1
transport consists of incumbent LEC interoffice transmission facilities
that have a total digital signal speed of 1.544 megabytes per second and
are dedicated to a particular customer or carrier.
(A) General availability of DS1 transport. Incumbent LECs shall
unbundle DS1 transport between any pair of incumbent LEC wire centers
except where, through application of tier classifications described in
paragraph (d)(3) of this section, both wire centers defining the route
are Tier 1 wire centers. As such, an incumbent LEC must unbundle DS1
transport if a wire center at either end of a requested route is not a
Tier 1 wire center, or if neither is a Tier 1 wire center.
(B) Cap on unbundled DS1 transport circuits. A requesting
telecommunications carrier may obtain a maximum of ten unbundled DS1
dedicated transport circuits on each route where DS1 dedicated transport
is available on an unbundled basis.
(iii) Dedicated DS3 transport. Dedicated DS3 transport shall be made
available to requesting carriers on an unbundled basis as set forth in
paragraphs (d)(2)(iii)(A) and(B) of this section. Dedicated DS3
transport consists of incumbent LEC interoffice transmission facilities
that have a total digital signal speed of 44.736 megabytes per second
and are dedicated to a particular customer or carrier.
(A) General availability of DS3 transport. Incumbent LECs shall
unbundle DS3 transport between any pair of incumbent LEC wire centers
except where, through application of tier classifications described in
paragraph (d)(3) of this section, both wire centers defining the route
are either Tier 1 or Tier 2 wire centers. As such, an incumbent LEC must
unbundle DS3 transport if a wire center on either end of a requested
route is a Tier 3 wire center.
(B) Cap on unbundled DS3 transport circuits. A requesting
telecommunications carrier may obtain a maximum of 12 unbundled DS3
dedicated transport circuits on each route where DS3 dedicated transport
is available on an unbundled basis.
[[Page 34]]
(iv) Dark fiber transport. Dark fiber transport consists of
unactivated optical interoffice transmission facilities. Incumbent LECs
shall unbundle dark fiber transport between any pair of incumbent LEC
wire centers except where, through application of tier classifications
described in paragraph (d)(3) of this section, both wire centers
defining the route are either Tier 1, Tier 2, or a Tier 3 wire center
identified on the list of wire centers that has been found to be within
a half mile of alternative fiber pursuant to the Report and Order on
Remand and Memorandum Opinion and Order in WC Docket No. 18-14, FCC 19-
66 (released July 12, 2019). An incumbent LEC must unbundle dark fiber
transport only if a wire center on either end of a requested route is a
Tier 3 wire center that is not on the published list of wire centers.
Notwithstanding any other provision of the Commission's rules in this
part, an incumbent LEC shall continue to provide a requesting
telecommunications carrier with nondiscriminatory access to dark fiber
transport for eight years until February 8, 2029, provided such dark
fiber transport was being provided before February 8, 2021.
(3) Wire center tier structure. For purposes of this section,
incumbent LEC wire centers shall be classified into three tiers, defined
as follows:
(i) Tier 1 wire centers are those incumbent LEC wire centers that
contain at least four fiber-based collocators, at least 38,000 business
lines, or both. Tier 1 wire centers also are those incumbent LEC tandem
switching locations that have no line-side switching facilities, but
nevertheless serve as a point of traffic aggregation accessible by
competitive LECs. Once a wire center is determined to be a Tier 1 wire
center, that wire center is not subject to later reclassification as a
Tier 2 or Tier 3 wire center.
(ii) Tier 2 wire centers are those incumbent LEC wire centers that
are not Tier 1 wire centers, but contain at least 3 fiber-based
collocators, at least 24,000 business lines, or both. Once a wire center
is determined to be a Tier 2 wire center, that wire center is not
subject to later reclassification as a Tier 3 wire center.
(iii) Tier 3 wire centers are those incumbent LEC wire centers that
do not meet the criteria for Tier 1 or Tier 2 wire centers.
(4) Routine network modifications. (i) An incumbent LEC shall make
all routine network modifications to unbundled dedicated transport
facilities used by requesting telecommunications carriers where the
requested dedicated transport facilities have already been constructed.
An incumbent LEC shall perform all routine network modifications to
unbundled dedicated transport facilities in a nondiscriminatory fashion,
without regard to whether the facility being accessed was constructed on
behalf, or in accordance with the specifications, of any carrier.
(ii) A routine network modification is an activity that the
incumbent LEC regularly undertakes for its own customers. Routine
network modifications include, but are not limited to, rearranging or
splicing of cable; adding an equipment case; adding a doubler or
repeater; installing a repeater shelf; and deploying a new multiplexer
or reconfiguring an existing multiplexer. They also include activities
needed to enable a requesting telecommunications carrier to light a dark
fiber transport facility. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable, and installing equipment casings. Routine network
modifications do not include the installation of new aerial or buried
cable for a requesting telecommunications carrier.
(d) 911 and E911 databases. An incumbent LEC shall provide a
requesting telecommunications carrier with nondiscriminatory access to
911 and E911 databases on an unbundled basis, in accordance with section
251(c)(3) of the Act and this part.
(e) Operations support systems. An incumbent LEC shall provide a
requesting telecommunications carrier with nondiscriminatory access to
operations support systems on an unbundled basis only when it is used to
manage other unbundled network elements, local interconnection, or local
number portability, in accordance with section
[[Page 35]]
251(c)(3) of the Act and this part. Operations support system functions
consist of pre-ordering, ordering, provisioning, maintenance and repair,
and billing functions supported by an incumbent LEC's databases and
information. An incumbent LEC, as part of its duty to provide access to
the pre-ordering function, shall provide the requesting
telecommunications carrier with nondiscriminatory access to the same
detailed information about the loop that is available to the incumbent
LEC.
[68 FR 52295, Sept. 4, 2003, as amended at 68 FR 64000, Nov. 12, 2003;
69 FR 54591, Sept. 9, 2004; 69 FR 77953, Dec. 29, 2004; 70 FR 8953, Feb.
24, 2005: 78 FR 5746, Jan. 28, 2013; 86 FR 1673, Jan. 8, 2021; 86 FR
8872, Feb. 10, 2021]
Sec.51.320 Assumption of responsibility by the Commission.
If a state commission fails to exercise its authority under Sec.
51.319, any party seeking that the Commission step into the role of the
state commission shall file with the Commission and serve on the state
commission a petition that explains with specificity the bases for the
petition and information that supports the claim that the state
commission has failed to act. Subsequent to the Commission's issuing a
public notice and soliciting comments on the petition from interested
parties, the Commission will rule on the petition within 90 days of the
date of the public notice. If it agrees that the state commission has
failed to act, the Commission will assume responsibility for the
proceeding, and within nine months from the date it assumed
responsibility for the proceeding, make any findings in accordance with
the Commission's rules.
[68 FR 52305, Sept. 2, 2003]
Sec.51.321 Methods of obtaining interconnection and access to
unbundled elements under section 251 of the Act.
(a) Except as provided in paragraph (e) of this section, an
incumbent LEC shall provide, on terms and conditions that are just,
reasonable, and nondiscriminatory in accordance with the requirements of
this part, any technically feasible method of obtaining interconnection
or access to unbundled network elements at a particular point upon a
request by a telecommunications carrier.
(b) Technically feasible methods of obtaining interconnection or
access to unbundled network elements include, but are not limited to:
(1) Physical collocation and virtual collocation at the premises of
an incumbent LEC; and
(2) Meet point interconnection arrangements.
(c) A previously successful method of obtaining interconnection or
access to unbundled network elements at a particular premises or point
on any incumbent LEC's network is substantial evidence that such method
is technically feasible in the case of substantially similar network
premises or points. A requesting telecommunications carrier seeking a
particular collocation arrangement, either physical or virtual, is
entitled to a presumption that such arrangement is technically feasible
if any LEC has deployed such collocation arrangement in any incumbent
LEC premises.
(d) An incumbent LEC that denies a request for a particular method
of obtaining interconnection or access to unbundled network elements on
the incumbent LEC's network must prove to the state commission that the
requested method of obtaining interconnection or access to unbundled
network elements at that point is not technically feasible.
(e) An incumbent LEC shall not be required to provide for physical
collocation of equipment necessary for interconnection or access to
unbundled network elements at the incumbent LEC's premises if it
demonstrates to the state commission that physical collocation is not
practical for technical reasons or because of space limitations. In such
cases, the incumbent LEC shall be required to provide virtual
collocation, except at points where the incumbent LEC proves to the
state commission that virtual collocation is not technically feasible.
If virtual collocation is not technically feasible, the incumbent LEC
shall provide other methods of interconnection and access to unbundled
network elements to the extent technically feasible.
[[Page 36]]
(f) An incumbent LEC shall submit to the state commission, subject
to any protective order as the state commission may deem necessary,
detailed floor plans or diagrams of any premises where the incumbent LEC
claims that physical collocation is not practical because of space
limitations. These floor plans or diagrams must show what space, if any,
the incumbent LEC or any of its affiliates has reserved for future use,
and must describe in detail the specific future uses for which the space
has been reserved and the length of time for each reservation. An
incumbent LEC that contends space for physical collocation is not
available in an incumbent LEC premises must also allow the requesting
carrier to tour the entire premises in question, not only the area in
which space was denied, without charge, within ten days of the receipt
of the incumbent's denial of space. An incumbent LEC must allow a
requesting telecommunications carrier reasonable access to its selected
collocation space during construction.
(g) An incumbent LEC that is classified as a Class A company under
Sec.32.11 of this chapter and that is not a National Exchange Carrier
Association interstate tariff participant as provided in part 69,
subpart G, shall continue to provide expanded interconnection service
pursuant to interstate tariff in accordance with Sec. Sec.64.1401,
64.1402, 69.121 of this chapter, and the Commission's other
requirements.
(h) Upon request, an incumbent LEC must submit to the requesting
carrier within ten days of the submission of the request a report
describing in detail the space that is available for collocation in a
particular incumbent LEC premises. This report must specify the amount
of collocation space available at each requested premises, the number of
collocators, and any modifications in the use of the space since the
last report. This report must also include measures that the incumbent
LEC is taking to make additional space available for collocation. The
incumbent LEC must maintain a publicly available document, posted for
viewing on the incumbent LEC's publicly available Internet site,
indicating all premises that are full, and must update such a document
within ten days of the date at which a premises runs out of physical
collocation space.
(i) An incumbent LEC must, upon request, remove obsolete unused
equipment from their premises to increase the amount of space available
for collocation.
[61 FR 45619, Aug. 28, 1996, as amended at 64 FR 23241, Apr. 30, 1999;
65 FR 54438, Sept. 8, 2000; 66 FR 43521, Aug. 20, 2001]
Sec.51.323 Standards for physical collocation and virtual collocation.
(a) An incumbent LEC shall provide physical collocation and virtual
collocation to requesting telecommunications carriers.
(b) An incumbent LEC shall permit the collocation and use of any
equipment necessary for interconnection or access to unbundled network
elements.
(1) Equipment is necessary for interconnection if an inability to
deploy that equipment would, as a practical, economic, or operational
matter, preclude the requesting carrier from obtaining interconnection
with the incumbent LEC at a level equal in quality to that which the
incumbent obtains within its own network or the incumbent provides to
any affiliate, subsidiary, or other party.
(2) Equipment is necessary for access to an unbundled network
element if an inability to deploy that equipment would, as a practical,
economic, or operational matter, preclude the requesting carrier from
obtaining nondiscriminatory access to that unbundled network element,
including any of its features, functions, or capabilities.
(3) Multi-functional equipment shall be deemed necessary for
interconnection or access to an unbundled network element if and only if
the primary purpose and function of the equipment, as the requesting
carrier seeks to deploy it, meets either or both of the standards set
forth in paragraphs (b)(1) and (b)(2) of this section. For a piece of
equipment to be utilized primarily to obtain equal in quality
interconnection or nondiscriminatory access to one or more unbundled
network elements, there also must be a logical nexus between the
additional functions the equipment would perform and the
telecommunication services the requesting
[[Page 37]]
carrier seeks to provide to its customers by means of the
interconnection or unbundled network element. The collocation of those
functions of the equipment that, as stand-alone functions, do not meet
either of the standards set forth in paragraphs (b)(1) and (b)(2) of
this section must not cause the equipment to significantly increase the
burden on the incumbent's property.
(c) Whenever an incumbent LEC objects to collocation of equipment by
a requesting telecommunications carrier for purposes within the scope of
section 251(c)(6) of the Act, the incumbent LEC shall prove to the state
commission that the equipment is not necessary for interconnection or
access to unbundled network elements under the standards set forth in
paragraph (b) of this section. An incumbent LEC may not object to the
collocation of equipment on the grounds that the equipment does not
comply with safety or engineering standards that are more stringent than
the safety or engineering standards that the incumbent LEC applies to
its own equipment. An incumbent LEC may not object to the collocation of
equipment on the ground that the equipment fails to comply with Network
Equipment and Building Specifications performance standards or any other
performance standards. An incumbent LEC that denies collocation of a
competitor's equipment, citing safety standards, must provide to the
competitive LEC within five business days of the denial a list of all
equipment that the incumbent LEC locates at the premises in question,
together with an affidavit attesting that all of that equipment meets or
exceeds the safety standard that the incumbent LEC contends the
competitor's equipment fails to meet. This affidavit must set forth in
detail: the exact safety requirement that the requesting carrier's
equipment does not satisfy; the incumbent LEC's basis for concluding
that the requesting carrier's equipment does not meet this safety
requirement; and the incumbent LEC's basis for concluding why
collocation of equipment not meeting this safety requirement would
compromise network safety.
(d) When an incumbent LEC provides physical collocation, virtual
collocation, or both, the incumbent LEC shall:
(1) Provide an interconnection point or points, physically
accessible by both the incumbent LEC and the collocating
telecommunications carrier, at which the fiber optic cable carrying an
interconnector's circuits can enter the incumbent LEC's premises,
provided that the incumbent LEC shall designate interconnection points
as close as reasonably possible to its premises;
(2) Provide at least two such interconnection points at each
incumbent LEC premises at which there are at least two entry points for
the incumbent LEC's cable facilities, and at which space is available
for new facilities in at least two of those entry points;
(3) Permit interconnection of copper or coaxial cable if such
interconnection is first approved by the state commission; and
(4) Permit physical collocation of microwave transmission facilities
except where such collocation is not practical for technical reasons or
because of space limitations, in which case virtual collocation of such
facilities is required where technically feasible.
(e) When providing virtual collocation, an incumbent LEC shall, at a
minimum, install, maintain, and repair collocated equipment meeting the
standards set forth in paragraph (b) of this section within the same
time periods and with failure rates that are no greater than those that
apply to the performance of similar functions for comparable equipment
of the incumbent LEC itself.
(f) An incumbent LEC shall provide space for the collocation of
equipment meeting the standards set forth in paragraph (b) of this
section in accordance with the following requirements:
(1) An incumbent LEC shall make space available within or on its
premises to requesting telecommunications carriers on a first-come,
first-served basis, provided, however, that the incumbent LEC shall not
be required to lease or construct additional space to provide for
physical collocation when existing space has been exhausted;
[[Page 38]]
(2) To the extent possible, an incumbent LEC shall make contiguous
space available to requesting telecommunications carriers that seek to
expand their existing collocation space;
(3) When planning renovations of existing facilities or constructing
or leasing new facilities, an incumbent LEC shall take into account
projected demand for collocation of equipment;
(4) An incumbent LEC may retain a limited amount of floor space for
its own specific future uses, provided, however, that neither the
incumbent LEC nor any of its affiliates may reserve space for future use
on terms more favorable than those that apply to other
telecommunications carriers seeking to reserve collocation space for
their own future use;
(5) An incumbent LEC shall relinquish any space held for future use
before denying a request for virtual collocation on the grounds of space
limitations, unless the incumbent LEC proves to the state commission
that virtual collocation at that point is not technically feasible; and
(6) An incumbent LEC may impose reasonable restrictions on the
warehousing of unused space by collocating telecommunications carriers,
provided, however, that the incumbent LEC shall not set maximum space
limitations applicable to such carriers unless the incumbent LEC proves
to the state commission that space constraints make such restrictions
necessary.
(7) An incumbent LEC must assign collocation space to requesting
carriers in a just, reasonable, and nondiscriminatory manner. An
incumbent LEC must allow each carrier requesting physical collocation to
submit space preferences prior to assigning physical collocation space
to that carrier. At a minimum, an incumbent LEC's space assignment
policies and practices must meet the following principles:
(A) An incumbent LEC's space assignment policies and practices must
not materially increase a requesting carrier's collocation costs.
(B) An incumbent LEC's space assignment policies and practices must
not materially delay a requesting carrier occupation and use of the
incumbent LEC's premises.
(C) An incumbent LEC must not assign physical collocation space that
will impair the quality of service or impose other limitations on the
service a requesting carrier wishes to offer.
(D) An incumbent LEC's space assignment policies and practices must
not reduce unreasonably the total space available for physical
collocation or preclude unreasonably physical collocation within the
incumbent's premises.
(g) An incumbent LEC shall permit collocating telecommunications
carriers to collocate equipment and connect such equipment to unbundled
network transmission elements obtained from the incumbent LEC, and shall
not require such telecommunications carriers to bring their own
transmission facilities to the incumbent LEC's premises in which they
seek to collocate equipment.
(h) As described in paragraphs (1) and (2) of this section, an
incumbent LEC shall permit a collocating telecommunications carrier to
interconnect its network with that of another collocating
telecommunications carrier at the incumbent LEC's premises and to
connect its collocated equipment to the collocated equipment of another
telecommunications carrier within the same premises, provided that the
collocated equipment is also used for interconnection with the incumbent
LEC or for access to the incumbent LEC's unbundled network elements.
(1) An incumbent LEC shall provide, at the request of a collocating
telecommunications carrier, a connection between the equipment in the
collocated spaces of two or more telecommunications carriers, except to
the extent the incumbent LEC permits the collocating parties to provide
the requested connection for themselves or a connection is not required
under paragraph (h)(2) of this section. Where technically feasible, the
incumbent LEC shall provide the connection using copper, dark fiber, lit
fiber, or other transmission medium, as requested by the collocating
telecommunications carrier.
(2) An incumbent LEC is not required to provide a connection between
the equipment in the collocated spaces of
[[Page 39]]
two or more telecommunications carriers if the connection is requested
pursuant to section 201 of the Act, unless the requesting carrier
submits to the incumbent LEC a certification that more than 10 percent
of the amount of traffic to be transmitted through the connection will
be interstate. The incumbent LEC cannot refuse to accept the
certification, but instead must provision the service promptly. Any
incumbent LEC may file a section 208 complaint with the Commission
challenging the certification if it believes that the certification is
deficient. No such certification is required for a request for such
connection under section 251 of the Act.
(i) As provided herein, an incumbent LEC may require reasonable
security arrangements to protect its equipment and ensure network
reliability. An incumbent LEC may only impose security arrangements that
are as stringent as the security arrangements that the incumbent LEC
maintains at its own premises for its own employees or authorized
contractors. An incumbent LEC must allow collocating parties to access
their collocated equipment 24 hours a day, seven days a week, without
requiring either a security escort of any kind or delaying a
competitor's employees' entry into the incumbent LEC's premises. An
incumbent LEC may require a collocating carrier to pay only for the
least expensive, effective security option that is viable for the
physical collocation space assigned. Reasonable security measures that
the incumbent LEC may adopt include:
(1) Installing security cameras or other monitoring systems; or
(2) Requiring competitive LEC personnel to use badges with
computerized tracking systems; or
(3) Requiring competitive LEC employees to undergo the same level of
security training, or its equivalent, that the incumbent's own
employees, or third party contractors providing similar functions, must
undergo; provided, however, that the incumbent LEC may not require
competitive LEC employees to receive such training from the incumbent
LEC itself, but must provide information to the competitive LEC on the
specific type of training required so the competitive LEC's employees
can conduct their own training.
(4) Restricting physical collocation to space separated from space
housing the incumbent LEC's equipment, provided that each of the
following conditions is met:
(i) Either legitimate security concerns, or operational constraints
unrelated to the incumbent's or any of its affiliates' or subsidiaries
competitive concerns, warrant such separation;
(ii) Any physical collocation space assigned to an affiliate or
subsidiary of the incumbent LEC is separated from space housing the
incumbent LEC's equipment;
(iii) The separated space will be available in the same time frame
as, or a shorter time frame than, non-separated space;
(iv) The cost of the separated space to the requesting carrier will
not be materially higher than the cost of non-separated space; and
(v) The separated space is comparable, from a technical and
engineering standpoint, to non-separated space.
(5) Requiring the employees and contractors of collocating carriers
to use a central or separate entrance to the incumbent's building,
provided, however, that where an incumbent LEC requires that the
employees or contractors of collocating carriers access collocated
equipment only through a separate entrance, employees and contractors of
the incumbent LEC's affiliates and subsidiaries must be subject to the
same restriction.
(6) Constructing or requiring the construction of a separate
entrance to access physical collocation space, provided that each of the
following conditions is met:
(i) Construction of a separate entrance is technically feasible;
(ii) Either legitimate security concerns, or operational constraints
unrelated to the incumbent's or any of its affiliates' or subsidiaries
competitive concerns, warrant such separation;
(iii) Construction of a separate entrance will not artificially
delay collocation provisioning; and
(iv) Construction of a separate entrance will not materially
increase the requesting carrier's costs.
[[Page 40]]
(j) An incumbent LEC shall permit a collocating telecommunications
carrier to subcontract the construction of physical collocation
arrangements with contractors approved by the incumbent LEC, provided,
however, that the incumbent LEC shall not unreasonably withhold approval
of contractors. Approval by an incumbent LEC shall be based on the same
criteria it uses in approving contractors for its own purposes.
(k) An incumbent LEC's physical collocation offering must include
the following:
(1) Shared collocation cages. A shared collocation cage is a caged
collocation space shared by two or more competitive LECs pursuant to
terms and conditions agreed to by the competitive LECs. In making shared
cage arrangements available, an incumbent LEC may not increase the cost
of site preparation or nonrecurring charges above the cost for
provisioning such a cage of similar dimensions and material to a single
collocating party. In addition, the incumbent must prorate the charge
for site conditioning and preparation undertaken by the incumbent to
construct the shared collocation cage or condition the space for
collocation use, regardless of how many carriers actually collocate in
that cage, by determining the total charge for site preparation and
allocating that charge to a collocating carrier based on the percentage
of the total space utilized by that carrier. An incumbent LEC must make
shared collocation space available in single-bay increments or their
equivalent, i.e., a competing carrier can purchase space in increments
small enough to collocate a single rack, or bay, of equipment.
(2) Cageless collocation. Incumbent LECs must allow competitors to
collocate without requiring the construction of a cage or similar
structure. Incumbent LECs must permit collocating carriers to have
direct access to their equipment. An incumbent LEC may not require
competitors to use an intermediate interconnection arrangement in lieu
of direct connection to the incumbent's network if technically feasible.
An incumbent LEC must make cageless collocation space available in
single-bay increments, meaning that a competing carrier can purchase
space in increments small enough to collocate a single rack, or bay, of
equipment.
(3) Adjacent space collocation. An incumbent LEC must make
available, where physical collocation space is legitimately exhausted in
a particular incumbent LEC structure, collocation in adjacent controlled
environmental vaults, controlled environmental huts, or similar
structures located at the incumbent LEC premises to the extent
technically feasible. The incumbent LEC must permit a requesting
telecommunications carrier to construct or otherwise procure such an
adjacent structure, subject only to reasonable safety and maintenance
requirements. The incumbent must provide power and physical collocation
services and facilities, subject to the same nondiscrimination
requirements as applicable to any other physical collocation
arrangement. The incumbent LEC must permit the requesting carrier to
place its own equipment, including, but not limited to, copper cables,
coaxial cables, fiber cables, and telecommunications equipment, in
adjacent facilities constructed by the incumbent LEC, the requesting
carrier, or a third-party. If physical collocation space becomes
available in a previously exhausted incumbent LEC structure, the
incumbent LEC must not require a carrier to move, or prohibit a
competitive LEC from moving, a collocation arrangement into that
structure. Instead, the incumbent LEC must continue to allow the carrier
to collocate in any adjacent controlled environmental vault, controlled
environmental vault, or similar structure that the carrier has
constructed or otherwise procured.
(l) An incumbent LEC must offer to provide and provide all forms of
physical collocation (i.e., caged, cageless, shared, and adjacent)
within the following deadlines, except to the extent a state sets its
own deadlines or the incumbent LEC has demonstrated to the state
commission that physical collocation is not practical for technical
reasons or because of space limitations.
(1) Within ten days after receiving an application for physical
collocation, an
[[Page 41]]
incumbent LEC must inform the requesting carrier whether the application
meets each of the incumbent LEC's established collocation standards. A
requesting carrier that resubmits a revised application curing any
deficiencies in an application for physical collocation within ten days
after being informed of them retains its position within any collocation
queue that the incumbent LEC maintains pursuant to paragraph (f)(1) of
this section.
(2) Except as stated in paragraphs (l)(3) and (l)(4) of this
section, an incumbent LEC must complete provisioning of a requested
physical collocation arrangement within 90 days after receiving an
application that meets the incumbent LEC's established collocation
application standards.
(3) An incumbent LEC need not meet the deadline set forth in
paragraph (l)(2) of this section if, after receipt of any price
quotation provided by the incumbent LEC, the telecommunications carrier
requesting collocation does not notify the incumbent LEC that physical
collocation should proceed.
(4) If, within seven days of the requesting carrier's receipt of any
price quotation provided by the incumbent LEC, the telecommunications
carrier requesting collocation does not notify the incumbent LEC that
physical collocation should proceed, then the incumbent LEC need not
complete provisioning of a requested physical collocation arrangement
until 90 days after receiving such notification from the requesting
telecommunications carrier.
[61 FR 45619, Aug. 28, 1996, as amended at 64 FR 23242, Apr. 30, 1999;
65 FR 54439, Sept. 8, 2000; 66 FR 43521, Aug. 20, 2001]
Sec.51.325 Notice of network changes: Public notice requirement.
(a) An incumbent local exchange carrier (``LEC'') must provide
public notice regarding any network change that:
(1) Will affect a competing service provider's performance or
ability to provide service;
(2) Will affect the incumbent LEC's interoperability with other
service providers; or
(3) Will result in a copper retirement, which is defined for
purposes of this subpart as:
(i) The removal or disabling of copper loops, subloops, or the
feeder portion of such loops or subloops; or
(ii) The replacement of such loops with fiber-to-the-home loops or
fiber-to-the-curb loops, as those terms are defined in Sec.
51.319(a)(3).
(b) For purposes of this section, interoperability means the ability
of two or more facilities, or networks, to be connected, to exchange
information, and to use the information that has been exchanged.
(c) For the purposes of Sec. Sec.51.325 through 51.335, the term
services means telecommunications services or information services.
[61 FR 47351, Sept. 6, 1996, as amended at 64 FR 14148, Mar. 24, 1999;
68 FR 52305, Sept. 2, 2003; 69 FR 77954, Dec. 29, 2004; 80 FR 63371,
Oct. 19, 2015; 82 FR 61477, Dec. 28, 2017; 83 FR 31675, July 9, 2018]
Sec.51.327 Notice of network changes: Content of notice.
(a) Public notice of planned network changes must, at a minimum,
include:
(1) The carrier's name and address;
(2) The name and telephone number of a contact person who can supply
additional information regarding the planned changes;
(3) The implementation date of the planned changes;
(4) The location(s) at which the changes will occur;
(5) A description of the type of changes planned (Information
provided to satisfy this requirement must include, as applicable, but is
not limited to, references to technical specifications, protocols, and
standards regarding transmission, signaling, routing, and facility
assignment as well as references to technical standards that would be
applicable to any new technologies or equipment, or that may otherwise
affect interconnection); and
(6) A description of the reasonably foreseeable impact of the
planned changes.
(b) The incumbent LEC also shall follow, as necessary, procedures
relating to confidential or proprietary information contained in Sec.
51.335.
[61 FR 47351, Sept. 6, 1996]
[[Page 42]]
Sec.51.329 Notice of network changes: Methods for providing notice.
(a) In providing the required notice to the public of network
changes, an incumbent LEC may use one of the following methods:
(1) Filing a public notice with the Commission; or
(2) Providing public notice through industry fora, industry
publications, or the carrier's publicly accessible Internet site. If an
incumbent LEC uses any of the methods specified in paragraph (a)(2) of
this section, it also must file a certification with the Commission that
includes:
(i) A statement that identifies the proposed changes;
(ii) A statement that public notice has been given in compliance
with Sec. Sec.51.325 through 51.335; and
(iii) A statement identifying the location of the change information
and describing how this information can be obtained.
(b) Until the planned change is implemented, an incumbent LEC must
keep the notice available for public inspection, and amend the notice to
keep the information complete, accurate and up-to-date.
(c) Specific filing requirements. Commission filings under this
section must be made as follows:
(1) The public notice or certification must be labeled with one of
the following titles, as appropriate: ``Public Notice of Network Change
Under Rule 51.329(a),'' ``Certification of Public Notice of Network
Change Under Rule 51.329(a),'' ``Short Term Public Notice Under Rule
51.333(a),'' ``Certification of Short Term Public Notice Under Rule
51.333(a),'' ``Public Notice of Copper Retirement Under Rule 51.333,''
or ``Certification of Public Notice of Copper Retirement Under Rule
51.333.''
(2) The incumbent LEC's public notice and any associated
certifications shall be filed through the Commission's Electronic
Comment Filing System (ECFS), using the ``Submit a Non-Docketed Filing''
module. All subsequent filings responsive to a notice may be filed using
the Commission's ECFS under the docket number set forth in the
Commission's public notice for the proceeding. If necessary, subsequent
filings responsive to a notice also may be filed by sending one paper
copy of the filing to ``Secretary, Federal Communications Commission,
Washington, DC 20554'' and one paper copy of the filing to ``Federal
Communications Commission, Wireline Competition Bureau, Competition
Policy Division, Washington, DC 20554.'' For notices filed using the
Commission's ECFS, the date on which the filing is received by that
system will be considered the official filing date. For notices filed
via paper copy, the date on which the filing is received by the
Secretary or the FCC Mailroom is considered the official filing date.
All subsequent filings responsive to a notice shall refer to the ECFS
docket number assigned to the notice.
[61 FR 47351, Sept. 6, 1996, as amended at 67 FR 13225, Mar. 21, 2002;
71 FR 65750, Nov. 9, 2006; 80 FR 1588, Jan. 13, 2015; 81 FR 62655, Sept.
12, 2016; 82 FR 61477, Dec. 28, 2017; 83 FR 2557, Jan. 18, 2018]
Sec.51.331 Notice of network changes: Timing of notice.
(a) An incumbent LEC shall give public notice of planned changes at
the make/buy point, as defined in paragraph (b) of this section, but at
least 12 months before implementation, except as provided below:
(1) If the changes can be implemented within twelve months of the
make/buy point, public notice must be given at the make/buy point, but
at least six months before implementation.
(2) If the changes can be implemented within six months of the make/
buy point, public notice may be given pursuant to the short term notice
procedures provided in Sec.51.333.
(b) For purposes of this section, the make/buy point is the time at
which an incumbent LEC decides to make for itself, or to procure from
another entity, any product the design of which affects or relies on a
new or changed network interface. If an incumbent LEC's planned changes
do not require it to make or to procure a product, then the make/buy
point is the point at which the incumbent LEC makes a definite decision
to implement a network change.
(1) For purposes of this section, a product is any hardware r
software for use in an incumbent LEC's network or
[[Page 43]]
in conjunction with its facilities that, when installed, could affect
the compatibility of an interconnected service provider's network,
facilities or services with an incumbent LEC's existing telephone
network, facilities or services, or with any of an incumbent carrier's
services or capabilities.
(2) For purposes of this section a definite decision is reached when
an incumbent LEC determines that the change is warranted, establishes a
timetable for anticipated implementation, and takes any action toward
implementation of the change within its network.
[61 FR 47352, Sept. 6, 1996, as amended at 68 FR 52305, Sept. 2, 2003;
69 FR 77954, Dec. 29, 2004; 80 FR 63371, Oct. 19, 2015]
Sec.51.333 Notice of network changes: Short term notice, objections
thereto and objections to copper retirement notices.
(a) Certificate of service. If an incumbent LEC wishes to provide
less than six months' notice of planned network changes, or provide
notice of a planned copper retirement, the public notice or
certification that it files with the Commission must include a
certificate of service in addition to the information required by Sec.
51.327(a) or Sec.51.329(a)(2), as applicable. The certificate of
service shall include:
(1) A statement that, at least five business days in advance of its
filing with the Commission, the incumbent LEC served a copy of its
public notice upon each telephone exchange service provider that
directly interconnects with the incumbent LEC's network, provided that,
with respect to copper retirement notices, such service may be made by
postings on the incumbent LEC's website if the directly interconnecting
telephone exchange service provider has agreed to receive notice by
website postings; and
(2) The name and address of each such telephone exchange service
provider upon which the notice was served.
(b) Implementation date. The Commission will release a public notice
of filings of such short term notices or copper retirement notices. The
effective date of the network changes referenced in those filings shall
be subject to the following requirements:
(1) Short term notice. Short term notices shall be deemed final on
the tenth business day after the release of the Commission's public
notice, unless an objection is filed pursuant to paragraph (c) of this
section.
(2) Copper retirement notice. Notices of copper retirement, as
defined in Sec.51.325(a)(3), shall be deemed final on the 90th day
after the release of the Commission's public notice of the filing,
unless an objection is filed pursuant to paragraph (c) of this section,
except that notices of copper retirement involving copper facilities not
being used to provision services to any customers shall be deemed final
on the 15th day after the release of the Commission's public notice of
the filing. Incumbent LEC copper retirement notices shall be subject to
the short-term notice provisions of this section, but under no
circumstances may an incumbent LEC provide less than 90 days' notice of
such a change except where the copper facilities are not being used to
provision services to any customers.
(c) Objection procedures for short term notice and copper retirement
notices. An objection to an incumbent LEC's short term notice or to its
copper retirement notice may be filed by an information service provider
or telecommunications service provider that directly interconnects with
the incumbent LEC's network. Such objections must be filed with the
Commission, and served on the incumbent LEC, no later than the ninth
business day following the release of the Commission's public notice.
All objections filed under this section must:
(1) State specific reasons why the objector cannot accommodate the
incumbent LEC's changes by the date stated in the incumbent LEC's public
notice and must indicate any specific technical information or other
assistance required that would enable the objector to accommodate those
changes;
(2) List steps the objector is taking to accommodate the incumbent
LEC's changes on an expedited basis;
(3) State the earliest possible date (not to exceed six months from
the date the incumbent LEC gave its original public notice under this
section) by which the objector anticipates that it can accommodate the
incumbent LEC's
[[Page 44]]
changes, assuming it receives the technical information or other
assistance requested under paragraph (c)(1) of this section;
(4) Provide any other information relevant to the objection; and
(5) Provide the following affidavit, executed by the objector's
president, chief executive officer, or other corporate officer or
official, who has appropriate authority to bind the corporation, and
knowledge of the details of the objector's inability to adjust its
network on a timely basis:
``I, (name and title), under oath and subject to penalty for
perjury, certify that I have read this objection, that the statements
contained in it are true, that there is good ground to support the
objection, and that it is not interposed for purposes of delay. I have
appropriate authority to make this certification on behalf of (objector)
and I agree to provide any information the Commission may request to
allow the Commission to evaluate the truthfulness and validity of the
statements contained in this objection.''
(d) Response to objections. If an objection is filed, an incumbent
LEC shall have until no later than the fourteenth business day following
the release of the Commission's public notice to file with the
Commission a response to the objection and to serve the response on all
parties that filed objections. An incumbent LEC's response must:
(1) Provide information responsive to the allegations and concerns
identified by the objectors;
(2) State whether the implementation date(s) proposed by the
objector(s) are acceptable;
(3) Indicate any specific technical assistance that the incumbent
LEC is willing to give to the objectors; and
(4) Provide any other relevant information.
(e) Resolution. If an objection is filed pursuant to paragraph (c)
of this section, then the Chief, Wireline Competition Bureau, will issue
an order determining a reasonable public notice period, provided
however, that if an incumbent LEC does not file a response within the
time period allotted, or if the incumbent LEC's response accepts the
latest implementation date stated by an objector, then the incumbent
LEC's public notice shall be deemed amended to specify the
implementation date requested by the objector, without further
Commission action. An incumbent LEC must amend its public notice to
reflect any change in the applicable implementation date pursuant to
Sec.51.329(b).
(f) Resolution of objections to copper retirement notices. An
objection to a notice that an incumbent LEC intends to retire copper, as
defined in Sec.51.325(a)(3) shall be deemed denied 90 days after the
date on which the Commission releases public notice of the incumbent LEC
filing, unless the Commission rules otherwise within that time. Until
the Commission has either ruled on an objection or the 90-day period for
the Commission's consideration has expired, an incumbent LEC may not
retire those copper facilities at issue.
(g) Limited exemption from advance notice and timing requirements--
(1) Force majeure events. (i) Notwithstanding the requirements of this
section, if in response to a force majeure event, an incumbent LEC
invokes its disaster recovery plan, the incumbent LEC will be exempted
during the period when the plan is invoked (up to a maximum 180 days)
from all advanced notice and waiting period requirements under this
section associated with network changes that result from or are
necessitated as a direct result of the force majeure event.
(ii) As soon as practicable, during the exemption period, the
incumbent LEC must continue to comply with Sec.51.325(a), include in
its public notice the date on which the carrier invoked its disaster
recovery plan, and must communicate with other directly interconnected
telephone exchange service providers to ensure that such carriers are
aware of any changes being made to their networks that may impact those
carriers' operations.
(iii) If an incumbent LEC requires relief from the notice
requirements under this section longer than 180 days after it invokes
the disaster recovery plan, the incumbent LEC must request such
authority from the Commission. Any such request must be accompanied by a
status report describing the incumbent LEC's progress and providing an
estimate of when the incumbent
[[Page 45]]
LEC expects to be able to resume compliance with the notice requirements
under this section.
(iv) For purposes of this section, ``force majeure'' means a highly
disruptive event beyond the control of the incumbent LEC, such as a
natural disaster or a terrorist attack.
(v) For purposes of this section, ``disaster recovery plan'' means a
disaster response plan developed by the incumbent LEC for the purpose of
responding to a force majeure event.
(2) Other events outside an incumbent LEC's control. (i)
Notwithstanding the requirements of this section, if in response to
circumstances outside of its control other than a force majeure event
addressed in paragraph (g)(1) of this section, an incumbent LEC cannot
comply with the timing requirement set forth in paragraphs (b)(1) or (2)
of this section, hereinafter referred to as the waiting period, the
incumbent LEC must give notice of the network change as soon as
practicable and will be entitled to a reduced waiting period
commensurate with the circumstances at issue.
(ii) A short term network change or copper retirement notice subject
to paragraph (g)(2) of this section must include a brief explanation of
the circumstances necessitating the reduced waiting period and how the
incumbent LEC intends to minimize the impact of the reduced waiting
period on directly interconnected telephone exchange service providers.
(iii) For purposes of this section, circumstances outside of the
incumbent LEC's control include federal, state, or local municipal
mandates and unintentional damage to the incumbent LEC's network
facilities not caused by the incumbent LEC.
[61 FR 47352, Sept. 6, 1996, as amended at 67 FR 13226, Mar. 21, 2002;
68 FR 52305, Sept. 2, 2003; 69 FR 77954; Dec. 29, 2004; 80 FR 63371,
Oct. 19, 2015; 82 FR 61477, Dec. 28, 2017; 83 FR 31675, July 9, 2018]
Sec.51.335 Notice of network changes: Confidential or proprietary
information.
(a) If an incumbent LEC claims that information otherwise required
to be disclosed is confidential or proprietary, the incumbent LEC's
public notice must include, in addition to the information identified in
Sec.51.327(a), a statement that the incumbent LEC will make further
information available to those signing a nondisclosure agreement.
(b) Tolling the public notice period. Upon receipt by an incumbent
LEC of a competing service provider's request for disclosure of
confidential or proprietary information, the applicable public notice
period will be tolled until the parties agree on the terms of a
nondisclosure agreement. An incumbent LEC receiving such a request must
amend its public notice as follows:
(1) On the date it receives a request from a competing service
provider for disclosure of confidential or proprietary information, to
state that the notice period is tolled; and
(2) On the date the nondisclosure agreement is finalized, to specify
a new implementation date.
[61 FR 47352, Sept. 6, 1996]
Subpart E_Exemptions, Suspensions, and Modifications of Requirements of
Section 251 of the Act
Sec.51.401 State authority.
A state commission shall determine whether a telephone company is
entitled, pursuant to section 251(f) of the Act, to exemption from, or
suspension or modification of, the requirements of section 251 of the
Act. Such determinations shall be made on a case-by-case basis.
Sec.51.403 Carriers eligible for suspension or modification under
section 251(f)(2) of the Act.
A LEC is not eligible for a suspension or modification of the
requirements of section 251(b) or section 251(c) of the Act pursuant to
section 251(f)(2) of the Act if such LEC, at the holding company level,
has two percent or more of the subscriber lines installed in the
aggregate nationwide.
Sec.51.405 Burden of proof.
(a) Upon receipt of a bona fide request for interconnection,
services, or access to unbundled network elements, a rural telephone
company must prove
[[Page 46]]
to the state commission that the rural telephone company should be
entitled, pursuant to section 251(f)(1) of the Act, to continued
exemption from the requirements of section 251(c) of the Act.
(b) A LEC with fewer than two percent of the nation's subscriber
lines installed in the aggregate nationwide must prove to the state
commission, pursuant to section 251(f)(2) of the Act, that it is
entitled to a suspension or modification of the application of a
requirement or requirements of section 251(b) or 251(c) of the Act.
(c) In order to justify continued exemption under section 251(f)(1)
of the Act once a bona fide request has been made, an incumbent LEC must
offer evidence that the application of the requirements of section
251(c) of the Act would be likely to cause undue economic burden beyond
the economic burden that is typically associated with efficient
competitive entry.
(d) In order to justify a suspension or modification under section
251(f)(2) of the Act, a LEC must offer evidence that the application of
section 251(b) or section 251(c) of the Act would be likely to cause
undue economic burden beyond the economic burden that is typically
associated with efficient competitive entry.
Subpart F_Pricing of Elements
Sec.51.501 Scope.
(a) The rules in this subpart apply to the pricing of network
elements, interconnection, and methods of obtaining access to unbundled
elements, including physical collocation and virtual collocation.
(b) As used in this subpart, the term ``element'' includes network
elements, interconnection, and methods of obtaining interconnection and
access to unbundled elements.
Sec.51.503 General pricing standard.
(a) An incumbent LEC shall offer elements to requesting
telecommunications carriers at rates, terms, and conditions that are
just, reasonable, and nondiscriminatory.
(b) An incumbent LEC's rates for each element it offers shall comply
with the rate structure rules set forth in Sec. Sec.51.507 and 51.509,
and shall be established, at the election of the state commission--
(1) Pursuant to the forward-looking economic cost-based pricing
methodology set forth in Sec. Sec.51.505 and 51.511; or
(2) Consistent with the proxy ceilings and ranges set forth in Sec.
51.513.
(c) The rates that an incumbent LEC assesses for elements shall not
vary on the basis of the class of customers served by the requesting
carrier, or on the type of services that the requesting carrier
purchasing such elements uses them to provide.
Sec.51.505 Forward-looking economic cost.
(a) In general. The forward-looking economic cost of an element
equals the sum of:
(1) The total element long-run incremental cost of the element, as
described in paragraph (b); and
(2) A reasonable allocation of forward-looking common costs, as
described in paragraph (c).
(b) Total element long-run incremental cost. The total element long-
run incremental cost of an element is the forward-looking cost over the
long run of the total quantity of the facilities and functions that are
directly attributable to, or reasonably identifiable as incremental to,
such element, calculated taking as a given the incumbent LEC's provision
of other elements.
(1) Efficient network configuration. The total element long-run
incremental cost of an element should be measured based on the use of
the most efficient telecommunications technology currently available and
the lowest cost network configuration, given the existing location of
the incumbent LEC's wire centers.
(2) Forward-looking cost of capital. The forward-looking cost of
capital shall be used in calculating the total element long-run
incremental cost of an element.
(3) Depreciation rates. The depreciation rates used in calculating
forward-looking economic costs of elements shall be economic
depreciation rates.
(c) Reasonable allocation of forward-looking common costs--(1)
Forward-looking common costs. Forward-looking common costs are economic
costs efficiently incurred in providing a group of
[[Page 47]]
elements or services (which may include all elements or services
provided by the incumbent LEC) that cannot be attributed directly to
individual elements or services.
(2) Reasonable allocation. (i) The sum of a reasonable allocation of
forward-looking common costs and the total element long-run incremental
cost of an element shall not exceed the stand-alone costs associated
with the element. In this context, stand-alone costs are the total
forward-looking costs, including corporate costs, that would be incurred
to produce a given element if that element were provided by an efficient
firm that produced nothing but the given element.
(ii) The sum of the allocation of forward-looking common costs for
all elements and services shall equal the total forward-looking common
costs, exclusive of retail costs, attributable to operating the
incumbent LEC's total network, so as to provide all the elements and
services offered.
(d) Factors that may not be considered. The following factors shall
not be considered in a calculation of the forward-looking economic cost
of an element:
(1) Embedded costs. Embedded costs are the costs that the incumbent
LEC incurred in the past and that are recorded in the incumbent LEC's
books of accounts;
(2) Retail costs. Retail costs include the costs of marketing,
billing, collection, and other costs associated with offering retail
telecommunications services to subscribers who are not
telecommunications carriers, described in Sec.51.609;
(3) Opportunity costs. Opportunity costs include the revenues that
the incumbent LEC would have received for the sale of telecommunications
services, in the absence of competition from telecommunications carriers
that purchase elements; and
(4) Revenues to subsidize other services. Revenues to subsidize
other services include revenues associated with elements or
telecommunications service offerings other than the element for which a
rate is being established.
(e) Cost study requirements. An incumbent LEC must prove to the
state commission that the rates for each element it offers do not exceed
the forward-looking economic cost per unit of providing the element,
using a cost study that complies with the methodology set forth in this
section and Sec.51.511.
(1) A state commission may set a rate outside the proxy ranges or
above the proxy ceilings described in Sec.51.513 only if that
commission has given full and fair effect to the economic cost based
pricing methodology described in this section and Sec.51.511 in a
state proceeding that meets the requirements of paragraph (e)(2) of this
section.
(2) Any state proceeding conducted pursuant to this section shall
provide notice and an opportunity for comment to affected parties and
shall result in the creation of a written factual record that is
sufficient for purposes of review. The record of any state proceeding in
which a state commission considers a cost study for purposes of
establishing rates under this section shall include any such cost study.
Sec.51.507 General rate structure standard.
(a) Element rates shall be structured consistently with the manner
in which the costs of providing the elements are incurred.
(b) The costs of dedicated facilities shall be recovered through
flat-rated charges.
(c) The costs of shared facilities shall be recovered in a manner
that efficiently apportions costs among users. Costs of shared
facilities may be apportioned either through usage-sensitive charges or
capacity-based flat-rated charges, if the state commission finds that
such rates reasonably reflect the costs imposed by the various users.
(d) Recurring costs shall be recovered through recurring charges,
unless an incumbent LEC proves to a state commission that such recurring
costs are de minimis. Recurring costs shall be considered de minimis
when the costs of administering the recurring charge would be excessive
in relation to the amount of the recurring costs.
(e) State commissions may, where reasonable, require incumbent LECs
to recover nonrecurring costs through recurring charges over a
reasonable period of time. Nonrecurring charges shall be allocated
efficiently among requesting telecommunications carriers,
[[Page 48]]
and shall not permit an incumbent LEC to recover more than the total
forward-looking economic cost of providing the applicable element.
(f) State commissions shall establish different rates for elements
in at least three defined geographic areas within the state to reflect
geographic cost differences.
(1) To establish geographically-deaveraged rates, state commissions
may use existing density-related zone pricing plans described in Sec.
69.123 of this chapter, or other such cost-related zone plans
established pursuant to state law.
(2) In states not using such existing plans, state commissions must
create a minimum of three cost-related rate zones.
[61 FR 45619, Aug. 29, 1996, as amended at 64 FR 32207, June 16, 1999;
64 FR 68637, Dec. 8, 1999]
Sec.51.509 Rate structure standards for specific elements.
In addition to the general rules set forth in Sec.51.507, rates
for specific elements shall comply with the following rate structure
rules.
(a) Local loop and subloop. Loop and subloop costs shall be
recovered through flat-rated charges.
(b) Local switching. Local switching costs shall be recovered
through a combination of a flat-rated charge for line ports and one or
more flat-rated or per-minute usage charges for the switching matrix and
for trunk ports.
(c) Dedicated transmission links. Dedicated transmission link costs
shall be recovered through flat-rated charges.
(d) Shared transmission facilities between tandem switches and end
offices. The costs of shared transmission facilities between tandem
switches and end offices may be recovered through usage-sensitive
charges, or in another manner consistent with the manner that the
incumbent LEC incurs those costs.
(e) Tandem switching. Tandem switching costs may be recovered
through usage-sensitive charges, or in another manner consistent with
the manner that the incumbent LEC incurs those costs.
(f) Signaling and call-related database services. Signaling and
call-related database service costs shall be usage-sensitive, based on
either the number of queries or the number of messages, with the
exception of the dedicated circuits known as signaling links, the cost
of which shall be recovered through flat-rated charges.
(g) Collocation. Collocation costs shall be recovered consistent
with the rate structure policies established in the Expanded
Interconnection proceeding, CC Docket No. 91-141.
(h) Network interface device. An incumbent LEC must establish a
price for the network interface device when that unbundled network
element is purchased on a stand-alone basis pursuant to Sec.51.319(c).
[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52306, Sept. 2, 2003]
Sec.51.511 Forward-looking economic cost per unit.
(a) The forward-looking economic cost per unit of an element equals
the forward-looking economic cost of the element, as defined in Sec.
51.505, divided by a reasonable projection of the sum of the total
number of units of the element that the incumbent LEC is likely to
provide to requesting telecommunications carriers and the total number
of units of the element that the incumbent LEC is likely to use in
offering its own services, during a reasonable measuring period.
(b)(1) With respect to elements that an incumbent LEC offers on a
flat-rate basis, the number of units is defined as the discrete number
of elements (e.g., local loops or local switch ports) that the incumbent
LEC uses or provides.
(2) With respect to elements that an incumbent LEC offers on a
usage-sensitive basis, the number of units is defined as the unit of
measurement of the usage (e.g., minutes of use or call-related database
queries) of the element.
Sec.51.513 Proxies for forward-looking economic cost.
(a) A state commission may determine that the cost information
available to it with respect to one or more elements does not support
the adoption of a rate or rates that are consistent with the
requirements set forth in Sec. Sec.51.505 and 51.511. In that event,
the state commission may establish a rate
[[Page 49]]
for an element that is consistent with the proxies specified in this
section, provided that:
(1) Any rate established through use of such proxies shall be
superseded once the state commission has completed review of a cost
study that complies with the forward-looking economic cost based pricing
methodology described in Sec. Sec.51.505 and 51.511, and has concluded
that such study is a reasonable basis for establishing element rates;
and
(2) The state commission sets forth in writing a reasonable basis
for its selection of a particular rate for the element.
(b) The constraints on proxy-based rates described in this section
apply on a geographically averaged basis. For purposes of determining
whether geographically deaveraged rates for elements comply with the
provisions of this section, a geographically averaged proxy-based rate
shall be computed based on the weighted average of the actual,
geographically deaveraged rates that apply in separate geographic areas
in a state.
(c) Proxies for specific elements--(1) Local loops. For each state
listed below, the proxy-based monthly rate for unbundled local loops, on
a statewide weighted average basis, shall be no greater than the figures
listed in the table below. (The Commission has not established a default
proxy ceiling for loop rates in Alaska.)
Table
------------------------------------------------------------------------
Proxy
State ceiling
------------------------------------------------------------------------
Alabama....................................................... $17.25
Arizona....................................................... 12.85
Arkansas...................................................... 21.18
California.................................................... 11.10
Colorado...................................................... 14.97
Connecticut................................................... 13.23
Delaware...................................................... 13.24
District of Columbia.......................................... 10.81
Florida....................................................... 13.68
Georgia....................................................... 16.09
Hawaii........................................................ 15.27
Idaho......................................................... 20.16
Illinois...................................................... 13.12
Indiana....................................................... 13.29
Iowa.......................................................... 15.94
Kansas........................................................ 19.85
Kentucky...................................................... 16.70
Louisiana..................................................... 16.98
Maine......................................................... 18.69
Maryland...................................................... 13.36
Massachusetts................................................. 9.83
Michigan...................................................... 15.27
Minnesota..................................................... 14.81
Mississippi................................................... 21.97
Missouri...................................................... 18.32
Montana....................................................... 25.18
Nebraska...................................................... 18.05
Nevada........................................................ 18.95
New Hampshire................................................. 16.00
New Jersey.................................................... 12.47
New Mexico.................................................... 18.66
New York...................................................... 11.75
North Carolina................................................ 16.71
North Dakota.................................................. 25.36
Ohio.......................................................... 15.73
Oklahoma...................................................... 17.63
Oregon........................................................ 15.44
Pennsylvania.................................................. 12.30
Puerto Rico................................................... 12.47
Rhode Island.................................................. 11.48
South Carolina................................................ 17.07
South Dakota.................................................. 25.33
Tennessee..................................................... 17.41
Texas......................................................... 15.49
Utah.......................................................... 15.12
Vermont....................................................... 20.13
Virginia...................................................... 14.13
Washington.................................................... 13.37
West Virginia................................................. 19.25
Wisconsin..................................................... 15.94
Wyoming....................................................... 25.11
------------------------------------------------------------------------
(2) Local switching. (i) The blended proxy-based rate for the usage-
sensitive component of the unbundled local switching element, including
the switching matrix, the functionalities used to provide vertical
features, and the trunk ports, shall be no greater than 0.4 cents
($0.004) per minute, and no less than 0.2 cents ($0.002) per minute,
except that, where a state commission has, before August 8, 1996,
established a rate less than or equal to 0.5 cents ($0.005) per minute,
that rate may be retained pending completion of a forward-looking
economic cost study. If a flat-rated charge is established for these
components, it shall be converted to a per-minute rate by dividing the
projected average minutes of use per flat-rated subelement, for purposes
of assessing compliance with this proxy. A weighted average of such
flat-rate or usage-sensitive charges shall be used in appropriate
circumstances, such as when peak and off-peak charges are used.
(ii) The blended proxy-based rate for the line port component of the
local switching element shall be no less than $1.10, and no more than
$2.00, per line
[[Page 50]]
port per month for ports used in the delivery of basic residential and
business exchange services.
(3) Dedicated transmission links. The proxy-based rates for
dedicated transmission links shall be no greater than the incumbent
LEC's tariffed interstate charges for comparable entrance facilities or
direct-trunked transport offerings, as described in Sec. Sec.69.110
and 69.112 of this chapter.
(4) Shared transmission facilities between tandem switches and end
offices. The proxy-based rates for shared transmission facilities
between tandem switches and end offices shall be no greater than the
weighted per-minute equivalent of DS1 and DS3 interoffice dedicated
transmission link rates that reflects the relative number of DS1 and DS3
circuits used in the tandem to end office links (or a surrogate based on
the proportion of copper and fiber facilities in the interoffice
network), calculated using a loading factor of 9,000 minutes per month
per voice-grade circuit, as described in Sec.69.112 of this chapter.
(5) Tandem switching. The proxy-based rate for tandem switching
shall be no greater than 0.15 cents ($0.0015) per minute of use.
(6) Collocation. To the extent that the incumbent LEC offers a
comparable form of collocation in its interstate expanded
interconnection tariffs, as described in Sec. Sec.64.1401 and 69.121
of this chapter, the proxy-based rates for collocation shall be no
greater than the effective rates for equivalent services in the
interstate expanded interconnection tariff. To the extent that the
incumbent LEC does not offer a comparable form of collocation in its
interstate expanded interconnection tariffs, a state commission may, in
its discretion, establish a proxy-based rate, provided that the state
commission sets forth in writing a reasonable basis for concluding that
its rate would approximate the result of a forward-looking economic cost
study, as described in Sec.51.505.
(7) Signaling, call-related database, and other elements. To the
extent that the incumbent LEC has established rates for offerings
comparable to other elements in its interstate access tariffs, and has
provided cost support for those rates pursuant to Sec.61.49(h) of this
chapter, the proxy-based rates for those elements shall be no greater
than the effective rates for equivalent services in the interstate
access tariffs. In other cases, the proxy-based rate shall be no greater
than a rate based on direct costs plus a reasonable allocation of
overhead loadings, pursuant to Sec.61.49(h) of this chapter.
[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 52709, Oct. 8, 1996]
Sec.51.515 Application of access charges.
(a)-(b) [Reserved]
(c) Notwithstanding Sec. Sec.51.505, 51.511, and 51.513(d)(2) and
paragraph (a) of this section, an incumbent LEC may assess upon
telecommunications carriers that purchase unbundled local switching
elements, as described in Sec.51.319(c)(1), for intrastate toll
minutes of use traversing such unbundled local switching elements,
intrastate access charges comparable to those listed in paragraph (b)
and any explicit intrastate universal service mechanism based on access
charges, only until the earliest of the following, and not thereafter:
(1) June 30, 1997;
(2) The effective date of a state commission decision that an
incumbent LEC may not assess such charges; or
(3) With respect to a Bell operating company only, the date on which
that company is authorized to offer in-region interLATA service in the
state pursuant to section 271 of the Act. The end date for Bell
operating companies that are authorized to offer interLATA service shall
apply only to the recovery of access charges in those states in which
the Bell operating company is authorized to offer such service.
(d) Interstate access charges described in part 69 shall not be
assessed by incumbent LECs on each element purchased by requesting
carriers providing both telephone exchange and exchange access services
to such requesting carriers' end users.
[61 FR 45619, Aug. 29, 1996, as amended at 62 FR 45587, Aug. 28, 1997;
71 FR 65750, Nov. 9, 2006]
[[Page 51]]
Subpart G_Resale
Sec.51.601 Scope of resale rules.
The provisions of this subpart govern the terms and conditions under
which LECs offer telecommunications services to requesting
telecommunications carriers for resale.
Sec.51.603 Resale obligation of all local exchange carriers.
(a) A LEC shall make its telecommunications services available for
resale to requesting telecommunications carriers on terms and conditions
that are reasonable and non-discriminatory.
(b) A LEC must provide services to requesting telecommunications
carriers for resale that are equal in quality, subject to the same
conditions, and provided within the same provisioning time intervals
that the LEC provides these services to others, including end users.
Sec.51.605 Additional obligations of incumbent local exchange carriers.
(a) An incumbent LEC shall offer to any requesting
telecommunications carrier any telecommunications service that the
incumbent LEC offers on a retail basis to subscribers that are not
telecommunications carriers for resale at wholesale rates that are, at
the election of the state commission--
(1) Consistent with the avoided cost methodology described in
Sec. Sec.51.607 and 51.609; or
(2) Interim wholesale rates, pursuant to Sec.51.611.
(b) For purposes of this subpart, exchange access services, as
defined in section 3 of the Act, shall not be considered to be
telecommunications services that incumbent LECs must make available for
resale at wholesale rates to requesting telecommunications carriers.
(c) For purposes of this subpart, advanced telecommunications
services sold to Internet Service Providers as an input component to the
Internet Service Providers' retail Internet service offering shall not
be considered to be telecommunications services offered on a retail
basis that incumbent LECs must make available for resale at wholesale
rates to requesting telecommunications carriers.
(d) Notwithstanding paragraph (b) of this section, advanced
telecommunications services that are classified as exchange access
services are subject to the obligations of paragraph (a) of this section
if such services are sold on a retail basis to residential and business
end-users that are not telecommunications carriers.
(e) Except as provided in Sec.51.613, an incumbent LEC shall not
impose restrictions on the resale by a requesting carrier of
telecommunications services offered by the incumbent LEC.
[61 FR 45619, Aug. 29, 1996, as amended at 65 FR 6915, Feb. 11, 2000]
Sec.51.607 Wholesale pricing standard.
The wholesale rate that an incumbent LEC may charge for a
telecommunications service provided for resale to other
telecommunications carriers shall equal the rate for the
telecommunications service, less avoided retail costs, as described in
section 51.609. For purposes of this subpart, exchange access services,
as defined in section 3 of the Act, shall not be considered to be
telecommunications services that incumbent LECs must make available for
resale at wholesale rates to requesting telecommunications carriers.
[65 FR 6915, Feb. 11, 2000]
Sec.51.609 Determination of avoided retail costs.
(a) Except as provided in Sec.51.611, the amount of avoided retail
costs shall be determined on the basis of a cost study that complies
with the requirements of this section.
(b) Avoided retail costs shall be those costs that reasonably can be
avoided when an incumbent LEC provides a telecommunications service for
resale at wholesale rates to a requesting carrier.
(c) For incumbent LECs that are designated as Class A companies
under Sec.32.11 of this chapter, except as provided in paragraph (d)
of this section, avoided retail costs shall:
[[Page 52]]
(1) Include as direct costs, the costs recorded in USOA accounts
6611 (product management and sales), 6613 (product advertising), 6621
(call completion services), 6622, (number services), and 6623 (customer
services) (Sec. Sec.32.6611, 32.6613, 32.6621, 32.6622, and 32.6623 of
this chapter);
(2) Include, as indirect costs, a portion of the costs recorded in
USOA accounts 6121-6124 (general support expenses), 6720 (corporate
operations expenses), and uncollectible telecommunications revenue
included in 5300 (uncollectible revenue) (Secs. 32.6121 through 32.6124,
32.6720 and 32.5300 of this chapter); and
(3) Not include plant-specific expenses and plant non-specific
expenses, other than general support expenses (Sec. Sec.32.6112-6114,
32.6211-6565 of this chapter).
(d) Costs included in accounts 6611, 6613 and 6621-6623 described in
paragraph (c) of this section (Sec. Sec.32.6611, 32.6613, and 32.6621-
6623 of this chapter) may be included in wholesale rates only to the
extent that the incumbent LEC proves to a state commission that specific
costs in these accounts will be incurred and are not avoidable with
respect to services sold at wholesale, or that specific costs in these
accounts are not included in the retail prices of resold services. Costs
included in accounts 6112-6114 and 6211-6565 described in paragraph (c)
of this section (Sec. Sec.32.6112-32.6114, 32.6211-32.6565 of this
chapter) may be treated as avoided retail costs, and excluded from
wholesale rates, only to the extent that a party proves to a state
commission that specific costs in these accounts can reasonably be
avoided when an incumbent LEC provides a telecommunications service for
resale to a requesting carrier.
(e) For incumbent LECs that are designated as Class B companies
under Sec.32.11 of this chapter and that record information in summary
accounts instead of specific USOA accounts, the entire relevant summary
accounts may be used in lieu of the specific USOA accounts listed in
paragraphs (c) and (d) of this section.
[61 FR 45619, Aug. 29, 1996, as amended at 67 FR 5700, Feb. 6, 2002; 69
FR 53652, Sept. 2, 2004]
Sec.51.611 Interim wholesale rates.
(a) If a state commission cannot, based on the information available
to it, establish a wholesale rate using the methodology prescribed in
Sec.51.609, then the state commission may elect to establish an
interim wholesale rate as described in paragraph (b) of this section.
(b) The state commission may establish interim wholesale rates that
are at least 17 percent, and no more than 25 percent, below the
incumbent LEC's existing retail rates, and shall articulate the basis
for selecting a particular discount rate. The same discount percentage
rate shall be used to establish interim wholesale rates for each
telecommunications service.
(c) A state commission that establishes interim wholesale rates
shall, within a reasonable period of time thereafter, establish
wholesale rates on the basis of an avoided retail cost study that
complies with Sec.51.609.
Sec.51.613 Restrictions on resale.
(a) Notwithstanding Sec.51.605(b), the following types of
restrictions on resale may be imposed:
(1) Cross-class selling. A state commission may permit an incumbent
LEC to prohibit a requesting telecommunications carrier that purchases
at wholesale rates for resale, telecommunications services that the
incumbent LEC makes available only to residential customers or to a
limited class of residential customers, from offering such services to
classes of customers that are not eligible to subscribe to such services
from the incumbent LEC.
(2) Short term promotions. An incumbent LEC shall apply the
wholesale discount to the ordinary rate for a retail service rather than
a special promotional rate only if:
(i) Such promotions involve rates that will be in effect for no more
than 90 days; and
(ii) The incumbent LEC does not use such promotional offerings to
evade the wholesale rate obligation, for example by making available a
sequential series of 90-day promotional rates.
(b) With respect to any restrictions on resale not permitted under
paragraph (a), an incumbent LEC may impose a restriction only if it
proves to
[[Page 53]]
the state commission that the restriction is reasonable and
nondiscriminatory.
(c) Branding. Where operator, call completion, or directory
assistance service is part of the service or service package an
incumbent LEC offers for resale, failure by an incumbent LEC to comply
with reseller unbranding or rebranding requests shall constitute a
restriction on resale.
(1) An incumbent LEC may impose such a restriction only if it proves
to the state commission that the restriction is reasonable and
nondiscriminatory, such as by proving to a state commission that the
incumbent LEC lacks the capability to comply with unbranding or
rebranding requests.
(2) For purposes of this subpart, unbranding or rebranding shall
mean that operator, call completion, or directory assistance services
are offered in such a manner that an incumbent LEC's brand name or other
identifying information is not identified to subscribers, or that such
services are offered in such a manner that identifies to subscribers the
requesting carrier's brand name or other identifying information.
Sec.51.615 Withdrawal of services.
When an incumbent LEC makes a telecommunications service available
only to a limited group of customers that have purchased such a service
in the past, the incumbent LEC must also make such a service available
at wholesale rates to requesting carriers to offer on a resale basis to
the same limited group of customers that have purchased such a service
in the past.
Sec.51.617 Assessment of end user common line charge on resellers.
(a) Notwithstanding the provision in Sec.69.104(a) of this chapter
that the end user common line charge be assessed upon end users, an
incumbent LEC shall assess this charge, and the charge for changing the
designated primary interexchange carrier, upon requesting carriers that
purchase telephone exchange service for resale. The specific end user
common line charge to be assessed will depend upon the identity of the
end user served by the requesting carrier.
(b) When an incumbent LEC provides telephone exchange service to a
requesting carrier at wholesale rates for resale, the incumbent LEC
shall continue to assess the interstate access charges provided in part
69 of this chapter, other than the end user common line charge, upon
interexchange carriers that use the incumbent LEC's facilities to
provide interstate or international telecommunications services to the
interexchange carriers' subscribers.
Subpart H_Reciprocal Compensation for Transport and Termination of
Telecommunications Traffic
Editorial Note: Nomenclature changes to subpart H of part 51 appear
at 66 FR 26806, May 15, 2001.
Sec.51.700 Purpose of this subpart.
The purpose of this subpart, as revised in 2011 by FCC 11-161 is to
establish rules governing the transition of intercarrier compensation
from a calling-party's-network pays system to a default bill-and-keep
methodology. Following the transition, the exchange of
telecommunications traffic between and among service providers will, by
default, be governed by bill-and-keep arrangements.
Note to Sec.51.700: See FCC 11-161, figure 9 (chart identifying
steps in the transition).
[76 FR 73854, Nov. 29, 2011]
Sec.51.701 Scope of transport and termination pricing rules.
(a) Effective December 29, 2011, compensation for telecommunications
traffic exchanged between two telecommunications carriers that is
interstate or intrastate exchange access, information access, or
exchange services for such access, other than special access, is
specified in subpart J of this part. The provisions of this subpart
apply to Non-Access Reciprocal Compensation for transport and
termination of Non-Access Telecommunications Traffic between LECs and
other telecommunications carriers.
(b) Non-Access Telecommunications Traffic. For purposes of this
subpart,
[[Page 54]]
Non-Access Telecommunications Traffic means:
(1) Telecommunications traffic exchanged between a LEC and a
telecommunications carrier other than a CMRS provider, except for
telecommunications traffic that is interstate or intrastate exchange
access, information access, or exchange services for such access (see
FCC 01-131, paragraphs 34, 36, 39, 42-43); or
(2) Telecommunications traffic exchanged between a LEC and a CMRS
provider that, at the beginning of the call, originates and terminates
within the same Major Trading Area, as defined in Sec.24.202(a) of
this chapter.
(3) This definition includes telecommunications traffic exchanged
between a LEC and another telecommunications carrier in Time Division
Multiplexing (TDM) format that originates and/or terminates in IP format
and that otherwise meets the definitions in paragraphs (b)(1) or (b)(2)
of this section. Telecommunications traffic originates and/or terminates
in IP format if it originates from and/or terminates to an end-user
customer of a service that requires Internet protocol-compatible
customer premises equipment.
(c) Transport. For purposes of this subpart, transport is the
transmission and any necessary tandem switching of Non-Access
Telecommunications Traffic subject to section 251(b)(5) of the
Communications Act of 1934, as amended, 47 U.S.C. 251(b)(5), from the
interconnection point between the two carriers to the terminating
carrier's end office switch that directly serves the called party, or
equivalent facility provided by a carrier other than an incumbent LEC.
(d) Termination. For purposes of this subpart, termination is the
switching of Non-Access Telecommunications Traffic at the terminating
carrier's end office switch, or equivalent facility, and delivery of
such traffic to the called party's premises.
(e) Non-Access Reciprocal Compensation. For purposes of this
subpart, a Non-Access Reciprocal Compensation arrangement between two
carriers is either a bill-and-keep arrangement, per Sec.51.713, or an
arrangement in which each carrier receives intercarrier compensation for
the transport and termination of Non-Access Telecommunications Traffic.
[61 FR 45619, Aug. 29, 1996, as amended at 66 FR 26806, May 15, 2001; 76
FR 73855, Nov. 29, 2011]
Sec.51.703 Non-Access reciprocal compensation obligation of LECs.
(a) Each LEC shall establish Non-Access Reciprocal Compensation
arrangements for transport and termination of Non-Access
Telecommunications Traffic with any requesting telecommunications
carrier.
(b) A LEC may not assess charges on any other telecommunications
carrier for Non-Access Telecommunications Traffic that originates on the
LEC's network.
(c) Notwithstanding any other provision of the Commission's rules, a
LEC shall be entitled to assess and collect the full charges for the
transport and termination of Non-Access Telecommunications Traffic,
regardless of whether the local exchange carrier assessing the
applicable charges itself delivers such traffic to the called party's
premises or delivers the call to the called party's premises via
contractual or other arrangements with an affiliated or unaffiliated
provider of interconnected VoIP service, as defined in 47 U.S.C.
153(25), or a non-interconnected VoIP service, as defined in 47 U.S.C.
153(36), that does not itself seek to collect Non-Access Reciprocal
Compensation charges for the transport and termination of that Non-
Access Telecommunications Traffic. In no event may the total charges
that a LEC may assess for such service to the called location exceed the
applicable transport and termination rate. For purposes of this section,
the facilities used by the LEC and affiliated or unaffiliated provider
of interconnected VoIP service or a non-interconnected VoIP service for
the transport and termination of such traffic shall be deemed an
equivalent facility under Sec.51.701.
[76 FR 73855, Nov. 29, 2011]
Sec.51.705 LECs' rates for transport and termination.
(a) Notwithstanding any other provision of the Commission's rules,
by default, transport and termination for
[[Page 55]]
Non-Access Telecommunications Traffic exchanged between a local exchange
carrier and a CMRS provider within the scope of Sec.51.701(b)(2) shall
be pursuant to a bill-and-keep arrangement, as provided in Sec.51.713.
(b) Establishment of incumbent LECs' rates for transport and
termination:
(1) This provision applies when, in the absence of a negotiated
agreement between parties, state commissions establish Non-Access
Reciprocal Compensation rates for the exchange of Non-Access
Telecommunications Traffic between a local exchange carrier and a
telecommunications carrier other than a CMRS provider where the
incumbent local exchange carriers did not have any such rates as of
December 29, 2011. Any rates established pursuant to this provision
apply between December 29, 2011 and the date at which they are
superseded by the transition specified in paragraphs (c)(2) through
(c)(5) of this section.
(2) An incumbent LEC's rates for transport and termination of
telecommunications traffic shall be established, at the election of the
state commission, on the basis of:
(i) The forward-looking economic costs of such offerings, using a
cost study pursuant to Sec. Sec.51.505 and 51.511; or
(ii) A bill-and-keep arrangement, as provided in Sec.51.713.
(3) In cases where both carriers in a Non-Access Reciprocal
Compensation arrangement are incumbent LECs, state commissions shall
establish the rates of the smaller carrier on the basis of the larger
carrier's forward-looking costs, pursuant to Sec.51.711.
(c) Except as provided by paragraph (a) of this section, and
notwithstanding any other provision of the Commission's rules, default
transitional Non-Access Reciprocal Compensation rates shall be
determined as follows:
(1) Effective December 29, 2011, no telecommunications carrier may
increase a Non-Access Reciprocal Compensation for transport or
termination above the level in effect on December 29, 2011. All Bill-
and-Keep Arrangements in effect on December 29, 2011 shall remain in
place unless both parties mutually agree to an alternative arrangement.
(2) Beginning July 1, 2012, if any telecommunications carrier's Non-
Access Reciprocal Compensation rates in effect on December 29, 2011 or
established pursuant to paragraph (b) of this section subsequent to
December 29, 2011, exceed that carrier's interstate access rates for
functionally equivalent services in effect in the same state on December
29, 2011, that carrier shall reduce its reciprocal compensation rate by
one half of the difference between the Non-Access Reciprocal
Compensation rate and the corresponding functionally equivalent
interstate access rate.
(3) Beginning July 1, 2013, no telecommunications carrier's Non-
Access Reciprocal Compensation rates shall exceed that carrier's
tariffed interstate access rate in effect in the same state on January 1
of that same year, for equivalent functionality.
(4) After July 1, 2018, all Price-Cap Local Exchange Carrier's Non-
Access Reciprocal Compensation rates and all non-incumbent LECs that
benchmark access rates to Price Cap Carrier shall be set pursuant to
Bill-and-Keep arrangements for Non-Access Reciprocal Compensation as
defined in this subpart.
(5) After July 1, 2020, all Rate-of-Return Local Exchange Carrier's
Non-Access Reciprocal Compensation rates and all non-incumbent LECs that
benchmark access rates to Rate-of-Return Carriers shall be set pursuant
to Bill-and-Keep arrangements for Non-Access Reciprocal Compensation as
defined in this subpart.
[76 FR 73855, Nov. 29, 2011]
Sec.51.707 [Reserved]
Sec.51.709 Rate structure for transport and termination.
(a) In state proceedings, where a rate for Non-Access Reciprocal
Compensation does not exist as of December 29, 2011, a state commission
shall establish initial rates for the transport and termination of Non-
Access Telecommunications Traffic that are structured consistently with
the manner that carriers incur those costs, and consistently with the
principles in this section.
(b) The rate of a carrier providing transmission facilities
dedicated to the
[[Page 56]]
transmission of non-access traffic between two carriers' networks shall
recover only the costs of the proportion of that trunk capacity used by
an interconnecting carrier to send non-access traffic that will
terminate on the providing carrier's network. Such proportions may be
measured during peak periods.
(c) For Non-Access Telecommunications Traffic exchanged between a
rate-of-return regulated rural telephone company as defined in Sec.
51.5 and a CMRS provider, the rural rate-of-return incumbent local
exchange carrier will be responsible for transport to the CMRS
provider's interconnection point when it is located within the rural
rate-of-return incumbent local exchange carrier's service area. When the
CMRS provider's interconnection point is located outside the rural rate-
of-return incumbent local exchange carrier's service area, the rural
rate-of-return incumbent local exchange carrier's transport and
provisioning obligation stops at its meet point and the CMRS provider is
responsible for the remaining transport to its interconnection point.
This paragraph (c) is a default provision and applicable in the absence
of an existing agreement or arrangement otherwise.
[76 FR 73856, Nov. 29, 2011]
Sec.51.711 Symmetrical reciprocal compensation.
(a) Rates for transport and termination of Non-Access
Telecommunications Traffic shall be symmetrical, unless carriers
mutually agree otherwise, except as provided in paragraphs (b) and (c)
of this section.
(1) For purposes of this subpart, symmetrical rates are rates that a
carrier other than an incumbent LEC assesses upon an incumbent LEC for
transport and termination of Non-Access Telecommunications Traffic equal
to those that the incumbent LEC assesses upon the other carrier for the
same services.
(2) In cases where both parties are incumbent LECs, or neither party
is an incumbent LEC, a state commission shall establish the symmetrical
rates for transport and termination based on the larger carrier's
forward-looking costs.
(3) Where the switch of a carrier other than an incumbent LEC serves
a geographic area comparable to the area served by the incumbent LEC's
tandem switch, the appropriate rate for the carrier other than an
incumbent LEC is the incumbent LEC's tandem interconnection rate.
(b) Except as provided in Sec.51.705, a state commission may
establish asymmetrical rates for transport and termination of Non-Access
Telecommunications Traffic only if the carrier other than the incumbent
LEC (or the smaller of two incumbent LECs) proves to the state
commission on the basis of a cost study using the forward-looking
economic cost based pricing methodology described in Sec. Sec.51.505
and 51.511, that the forward-looking costs for a network efficiently
configured and operated by the carrier other than the incumbent LEC (or
the smaller of two incumbent LECs), exceed the costs incurred by the
incumbent LEC (or the larger incumbent LEC), and, consequently, that
such that a higher rate is justified.
(c) Pending further proceedings before the Commission, a state
commission shall establish the rates that licensees in the Paging and
Radiotelephone Service (defined in part 22, subpart E of this chapter),
Narrowband Personal Communications Services (defined in part 24, subpart
D of this chapter), and Paging Operations in the Private Land Mobile
Radio Services (defined in part 90, subpart P of this chapter) may
assess upon other carriers for the transport and termination of
telecommunications traffic based on the forward-looking costs that such
licensees incur in providing such services, pursuant to Sec. Sec.
51.505 and 51.511. Such licensees' rates shall not be set based on the
default proxies described in Sec.51.707.
[61 FR 45619, Aug. 29, 1996 , as amended at 76 FR 73856, Nov. 29, 2011]
Sec.51.713 Bill-and-keep arrangements.
Bill-and-keep arrangements are those in which carriers exchanging
telecommunications traffic do not charge each other for specific
transport and/or termination functions or services.
[76 FR 73856, Nov. 29, 2011]
[[Page 57]]
Sec.51.715 Interim transport and termination pricing.
(a) Upon request from a telecommunications carrier without an
existing interconnection arrangement with an incumbent LEC, the
incumbent LEC shall provide transport and termination of Non-Access
Telecommunications Traffic immediately under an interim arrangement,
pending resolution of negotiation or arbitration regarding transport and
termination rates and approval of such rates by a state commission under
sections 251 and 252 of the Act.
(1) This requirement shall not apply when the requesting carrier has
an existing interconnection arrangement that provides for the transport
and termination of Non-Access Telecommunications Traffic by the
incumbent LEC.
(2) A telecommunications carrier may take advantage of such an
interim arrangement only after it has requested negotiation with the
incumbent LEC pursuant to Sec.51.301.
(b) Upon receipt of a request as described in paragraph (a) of this
section, an incumbent LEC must, without unreasonable delay, establish an
interim arrangement for transport and termination of Non-Access
Telecommunications Traffic at symmetrical rates.
(1) In a state in which the state commission has established
transport and termination rates based on forward-looking economic cost
studies, an incumbent LEC shall use these state-determined rates as
interim transport and termination rates.
(2) In a state in which the state commission has not established
transport and termination rates based on forward-looking economic cost
studies, an incumbent LEC shall set interim transport and termination
rates either at the default ceilings specified in Sec.51.705(c) or in
accordance with a bill-and-keep methodology as defined in Sec.51.713.
(3) In a state in which the state commission has neither established
transport and termination rates based on forward-looking economic cost
studies nor established transport and termination rates consistent with
the default price ranges described in Sec.51.707, an incumbent LEC
shall set interim transport and termination rates at the default
ceilings for end-office switching (0.4 cents per minute of use), tandem
switching (0.15 cents per minute of use), and transport (as described in
Sec.51.707(b)(2)).
(c) An interim arrangement shall cease to be in effect when one of
the following occurs with respect to rates for transport and termination
of telecommunications traffic subject to the interim arrangement:
(1) A voluntary agreement has been negotiated and approved by a
state commission;
(2) An agreement has been arbitrated and approved by a state
commission; or
(3) The period for requesting arbitration has passed with no such
request.
(d) If the rates for transport and termination of Non-Access
Telecommunications Traffic in an interim arrangement differ from the
rates established by a state commission pursuant to Sec.51.705, the
state commission shall require carriers to make adjustments to past
compensation. Such adjustments to past compensation shall allow each
carrier to receive the level of compensation it would have received had
the rates in the interim arrangement equalled the rates later
established by the state commission pursuant to Sec.51.705.
[61 FR 45619, Aug. 29, 1996, as amended at 76 FR 73856, Nov. 29, 2011]
Sec.51.717 [Reserved]
Subpart I_Procedures for Implementation of Section 252 of the Act
Sec.51.801 Commission action upon a state commission's failure to
act to carry out its responsibility under section 252 of the Act.
(a) If a state commission fails to act to carry out its
responsibility under section 252 of the Act in any proceeding or other
matter under section 252 of the Act, the Commission shall issue an order
preempting the state commission's jurisdiction of that proceeding or
matter within 90 days after being notified (or taking notice) of such
failure, and shall assume the responsibility of the state commission
under section 252
[[Page 58]]
of the Act with respect to the proceeding or matter and shall act for
the state commission.
(b) For purposes of this part, a state commission fails to act if
the state commission fails to respond, within a reasonable time, to a
request for mediation, as provided for in section 252(a)(2) of the Act,
or for a request for arbitration, as provided for in section 252(b) of
the Act, or fails to complete an arbitration within the time limits
established in section 252(b)(4)(C) of the Act.
(c) A state shall not be deemed to have failed to act for purposes
of section 252(e)(5) of the Act if an agreement is deemed approved under
section 252(e)(4) of the Act.
Sec.51.803 Procedures for Commission notification of a state
commission's failure to act.
(a) Any party seeking preemption of a state commission's
jurisdiction, based on the state commission's failure to act, shall
notify the Commission in accordance with following procedures:
(1) Such party shall file with the Secretary of the Commission a
petition, supported by an affidavit, that states with specificity the
basis for the petition and any information that supports the claim that
the state has failed to act, including, but not limited to, the
applicable provisions of the Act and the factual circumstances
supporting a finding that the state commission has failed to act;
(2) Such party shall ensure that the state commission and the other
parties to the proceeding or matter for which preemption is sought are
served with the petition required in paragraph (a)(1) of this section on
the same date that the petitioning party serves the petition on the
Commission; and
(3) Within fifteen days from the date of service of the petition
required in paragraph (a)(1) of this section, the applicable state
commission and parties to the proceeding may file with the Commission a
response to the petition.
(b) The party seeking preemption must prove that the state has
failed to act to carry out its responsibilities under section 252 of the
Act.
(c) The Commission, pursuant to section 252(e)(5) of the Act, may
take notice upon its own motion that a state commission has failed to
act. In such a case, the Commission shall issue a public notice that the
Commission has taken notice of a state commission's failure to act. The
applicable state commission and the parties to a proceeding or matter in
which the Commission has taken notice of the state commission's failure
to act may file, within fifteen days of the issuance of the public
notice, comments on whether the Commission is required to assume the
responsibility of the state commission under section 252 of the Act with
respect to the proceeding or matter.
(d) The Commission shall issue an order determining whether it is
required to preempt the state commission's jurisdiction of a proceeding
or matter within 90 days after being notified under paragraph (a) of
this section or taking notice under paragraph (c) of this section of a
state commission's failure to carry out its responsibilities under
section 252 of the Act.
Sec.51.805 The Commission's authority over proceedings and matters.
(a) If the Commission assumes responsibility for a proceeding or
matter pursuant to section 252(e)(5) of the Act, the Commission shall
retain jurisdiction over such proceeding or matter. At a minimum, the
Commission shall approve or reject any interconnection agreement adopted
by negotiation, mediation or arbitration for which the Commission,
pursuant to section 252(e)(5) of the Act, has assumed the state's
commission's responsibilities.
(b) Agreements reached pursuant to mediation or arbitration by the
Commission pursuant to section 252(e)(5) of the Act are not required to
be submitted to the state commission for approval or rejection.
Sec.51.807 Arbitration and mediation of agreements by the Commission
pursuant to section 252(e)(5) of the Act.
(a) The rules established in this section shall apply only to
instances in which the Commission assumes jurisdiction under section
252(e)(5) of the Act.
(b) When the Commission assumes responsibility for a proceeding or
matter
[[Page 59]]
pursuant to section 252(e)(5) of the Act, it shall not be bound by state
laws and standards that would have applied to the state commission in
such proceeding or matter.
(c) In resolving, by arbitration under section 252(b) of the Act,
any open issues and in imposing conditions upon the parties to the
agreement, the Commission shall:
(1) Ensure that such resolution and conditions meet the requirements
of section 251 of the Act, including the rules prescribed by the
Commission pursuant to that section;
(2) Establish any rates for interconnection, services, or network
elements according to section 252(d) of the Act, including the rules
prescribed by the Commission pursuant to that section; and
(3) Provide a schedule for implementation of the terms and
conditions by the parties to the agreement.
(d) An arbitrator, acting pursuant to the Commission's authority
under section 252(e)(5) of the Act, shall use final offer arbitration,
except as otherwise provided in this section:
(1) At the discretion of the arbitrator, final offer arbitration may
take the form of either entire package final offer arbitration or issue-
by-issue final offer arbitration.
(2) Negotiations among the parties may continue, with or without the
assistance of the arbitrator, after final arbitration offers are
submitted. Parties may submit subsequent final offers following such
negotiations.
(3) To provide an opportunity for final post-offer negotiations, the
arbitrator will not issue a decision for at least fifteen days after
submission to the arbitrator of the final offers by the parties.
(e) Final offers submitted by the parties to the arbitrator shall be
consistent with section 251 of the Act, including the rules prescribed
by the Commission pursuant to that section.
(f) Each final offer shall:
(1) Meet the requirements of section 251, including the rules
prescribed by the Commission pursuant to that section;
(2) Establish rates for interconnection, services, or access to
unbundled network elements according to section 252(d) of the Act,
including the rules prescribed by the Commission pursuant to that
section; and
(3) Provide a schedule for implementation of the terms and
conditions by the parties to the agreement. If a final offer submitted
by one or more parties fails to comply with the requirements of this
section or if the arbitrator determines in unique circumstances that
another result would better implement the Communications Act, the
arbitrator has discretion to take steps designed to result in an
arbitrated agreement that satisfies the requirements of section 252(c)
of the Act, including requiring parties to submit new final offers
within a time frame specified by the arbitrator, or adopting a result
not submitted by any party that is consistent with the requirements of
section 252(c) of the Act, and the rules prescribed by the Commission
pursuant to that section.
(g) Participation in the arbitration proceeding will be limited to
the requesting telecommunications carrier and the incumbent LEC, except
that the Commission will consider requests by third parties to file
written pleadings.
(h) Absent mutual consent of the parties to change any terms and
conditions adopted by the arbitrator, the decision of the arbitrator
shall be binding on the parties.
[61 FR 45619, Aug. 29, 1996, as amended at 66 FR 8520, Feb. 1, 2001]
Sec.51.809 Availability of agreements to other telecommunications
carriers under section 252(i) of the Act.
(a) An incumbent LEC shall make available without unreasonable delay
to any requesting telecommunications carrier any agreement in its
entirety to which the incumbent LEC is a party that is approved by a
state commission pursuant to section 252 of the Act, upon the same
rates, terms, and conditions as those provided in the agreement. An
incumbent LEC may not limit the availability of any agreement only to
those requesting carriers serving a comparable class of subscribers or
providing the same service (i.e., local, access, or interexchange) as
the original party to the agreement.
[[Page 60]]
(b) The obligations of paragraph (a) of this section shall not apply
where the incumbent LEC proves to the state commission that:
(1) The costs of providing a particular agreement to the requesting
telecommunications carrier are greater than the costs of providing it to
the telecommunications carrier that originally negotiated the agreement,
or
(2) The provision of a particular agreement to the requesting
carrier is not technically feasible.
(c) Individual agreements shall remain available for use by
telecommunications carriers pursuant to this section for a reasonable
period of time after the approved agreement is available for public
inspection under section 252(h) of the Act.
[69 FR 43771, July 22, 2004]
Subpart J_Transitional Access Service Pricing
Source: 76 FR 73856, Nov. 29, 2011, unless otherwise noted.
Sec.51.901 Purpose and scope of transitional access service pricing
rules.
(a) The purpose of this section is to establish rules governing the
transition of intercarrier compensation from a calling-party's-network
pays system to a default bill-and-keep methodology. Following the
transition, the exchange of traffic between and among service providers
will, by default, be governed by bill-and-keep arrangements.
(b) Effective December 29, 2011, the provisions of this subpart
apply to reciprocal compensation for telecommunications traffic
exchanged between telecommunications providers that is interstate or
intrastate exchange access, information access, or exchange services for
such access, other than special access.
Note to Sec.51.901: See FCC 11-161, figure 9 (chart identifying
steps in the transition).
Sec.51.903 Definitions.
For the purposes of this subpart:
(a) Competitive Local Exchange Carrier. A Competitive Local Exchange
Carrier is any local exchange carrier, as defined in Sec.51.5, that is
not an incumbent local exchange carrier .
(b) Composite Terminating End Office Access Rate means terminating
End Office Access Service revenue, calculated using demand for a given
time period, divided by end office switching minutes for the same time
period.
(c) Dedicated Transport Access Service means originating and
terminating transport on circuits dedicated to the use of a single
carrier or other customer provided by an incumbent local exchange
carrier or any functional equivalent of the incumbent local exchange
carrier access service provided by a non-incumbent local exchange
carrier. Dedicated Transport Access Service rate elements for an
incumbent local exchange carrier include the entrance facility rate
elements specified in Sec.69.110 of this chapter, the dedicated
transport rate elements specified in Sec.69.111 of this chapter, the
direct-trunked transport rate elements specified in Sec.69.112 of this
chapter, and the intrastate rate elements for functionally equivalent
access services. Dedicated Transport Access Service rate elements for a
non-incumbent local exchange carrier include any functionally equivalent
access services.
(d) End Office Access Service means:
(1) The switching of access traffic at the carrier's end office
switch and the delivery to or from of such traffic to the called party's
premises;
(2) The routing of interexchange telecommunications traffic to or
from the called party's premises, either directly or via contractual or
other arrangements with an affiliated or unaffiliated entity, regardless
of the specific functions provided or facilities used; or
(3) Any functional equivalent of the incumbent local exchange
carrier access service provided by a non-incumbent local exchange
carrier. End Office Access Service rate elements for an incumbent local
exchange carrier include the local switching rate elements specified in
Sec.69.106 of this chapter, the carrier common line rate elements
specified in Sec.69.154 of this chapter, and the intrastate rate
elements for functionally equivalent access services. End Office Access
Service rate elements for an incumbent local exchange carrier also
include any rate elements assessed on local switching access minutes,
including the information surcharge and
[[Page 61]]
residual rate elements. End office Access Service rate elements for a
non-incumbent local exchange carrier include any functionally equivalent
access service.
Note to paragraph (d): For incumbent local exchange carriers,
residual rate elements may include, for example, state Transport
Interconnection Charges, Residual Interconnection Charges, and PICCs.
For non-incumbent local exchange carriers, residual rate elements may
include any functionally equivalent access service.
(e) Fiscal Year 2011 means October 1, 2010 through September 30,
2011.
(f) Price Cap Carrier has the same meaning as that term is defined
in Sec.61.3(aa) of this chapter.
(g) Rate-of-Return Carrier is any incumbent local exchange carrier
not subject to price cap regulation as that term is defined in Sec.
61.3(bb) of this chapter, but only with respect to the territory in
which it operates as an incumbent local exchange carrier.
(h) Access Reciprocal Compensation means telecommunications traffic
exchanged between telecommunications service providers that is
interstate or intrastate exchange access, information access, or
exchange services for such access, other than special access.
(i) Tandem-Switched Transport Access Service means:
(1) Tandem switching and common transport between the tandem switch
and end office; or
(2) Any functional equivalent of the incumbent local exchange
carrier access service provided by a non-incumbent local exchange
carrier via other facilities. Tandem-Switched Transport rate elements
for an incumbent local exchange carrier include the rate elements
specified in Sec.69.111 of this chapter, except for the dedicated
transport rate elements specified in that section, and intrastate rate
elements for functionally equivalent service. Tandem Switched Transport
Access Service rate elements for a non-incumbent local exchange carrier
include any functionally equivalent access service.
(j) Transitional Intrastate Access Service means terminating End
Office Access Service that was subject to intrastate access rates as of
December 31, 2011; terminating Tandem-Switched Transport Access Service
that was subject to intrastate access rates as of December 31, 2011; and
originating and terminating Dedicated Transport Access Service that was
subject to intrastate access rates as of December 31, 2011.
(k) Access Stimulation has the same meaning as that term is defined
in Sec.61.3(bbb) of this chapter.
(l) Intermediate Access Provider has the same meaning as that term
is defined in Sec.61.3(ccc) of this chapter.
(m) Interexchange Carrier has the same meaning as that term is
defined in Sec.61.3(ddd) of this chapter.
(n) Toll Free Database Query Charge is a per query charge that is
expressed in dollars and cents to access the Toll Free Service
Management System Database, as defined in Sec.52.101(d) of this
subchapter.
(o) Toll Free Call means a call to a Toll Free Number, as defined in
Sec.52.101(f) of this subchapter.
(p) Joint Tandem Switched Transport Access Service is the rate
element assessible for the transmission of toll free originating access
service. The rate element includes both the transport between the end
office and the tandem switch and the tandem switching. It does not
include transport of traffic over dedicated transport facilities between
the serving wire center and the tandem switching office.
[76 FR 73856, Nov. 29, 2011, as amended at 83 FR 67121, Dec. 28, 2018;
84 FR 57650, Oct. 28, 2019; 85 FR 75916, Nov. 27, 2020]
Sec.51.905 Implementation.
(a) The rates set forth in this section are default rates.
Notwithstanding any other provision of the Commission's rules,
telecommunications carriers may agree to rates different from the
default rates.
(b) LECs who are otherwise required to file tariffs are required to
tariff rates no higher than the default transitional rates specified by
this subpart.
(1) With respect to interstate switched access services governed by
this subpart, LECs shall tariff rates for those services in their
federal tariffs. Except as expressly superseded below, LECs shall follow
the procedures specified in part 61 of this chapter when filing such
tariffs.
[[Page 62]]
(2) With respect to Transitional Intrastate Access Services,
originating access charges for Toll Free Calls, and Toll Free Database
Query Charges governed by this subpart, LECs shall follow the procedures
specified by relevant state law when filing intrastate tariffs, price
lists or other instruments (referred to collectively as ``tariffs'').
(c) Nothing in this section shall be construed to require a carrier
to file or maintain a tariff or to amend an existing tariff if it is not
otherwise required to do so under applicable law.
(d) Beginning July 1, 2021, and notwithstanding any other provision
of the Commission's rules in this chapter, only the originating carrier
in the path of the Toll Free Call may assess a Toll Free Database Query
Charge for a Toll Free Call. When the originating carrier is unable to
transmit the results of the Toll Free Database Query to the next carrier
or provider in the call path, that next carrier or provider may instead
assess a Toll Free Database Query Charge.
[76 FR 73856, Nov. 29, 2011, as amended at 85 FR 75916, Nov. 27, 2020]
Sec.51.907 Transition of price cap carrier access charges.
(a) Notwithstanding any other provision of the Commission's rules,
on December 29, 2011, a Price Cap Carrier shall cap the rates for all
interstate and intrastate rate elements for services contained in the
definitions of Interstate End Office Access Services, Tandem Switched
Transport Access Services, and Dedicated Transport Access Services. In
addition, a Price Cap Carrier shall also cap the rates for any
interstate and intrastate rate elements in the traffic sensitive
basket'' and the ``trunking basket'' as described in 47 CFR 61.42(d)(2)
and (3) to the extent that such rate elements are not contained in the
definitions of Interstate End Office Access Services, Tandem Switched
Transport Access Services, and Dedicated Transport Access Services.
Carriers will remove these services from price cap regulation in their
July 1, 2012 annual tariff filing.
(b) Step 1. Beginning July 1, 2012, notwithstanding any other
provision of the Commission's rules:
(1) Each Price Cap Carrier shall file tariffs, in accordance with
Sec.51.905(b)(2), with the appropriate state regulatory authority,
that set forth the rates applicable to Transitional Intrastate Access
Service in each state in which it provides Transitional Intrastate
Access Service.
(2) Each Price Cap Carrier shall establish the rates for
Transitional Intrastate Access Service using the following methodology:
(i) Calculate total revenue from Transitional Intrastate Access
Service at the carrier's interstate access rates in effect on December
29, 2011, using Fiscal Year 2011 intrastate switched access demand for
each rate element.
(ii) Calculate total revenue from Transitional Intrastate Access
Service at the carrier's intrastate access rates in effect on December
29, 2011, using Fiscal Year 2011 intrastate switched access demand for
each rate element.
(iii) Calculate the Step 1 Access Revenue Reduction. The Step 1
Access Revenue Reduction is equal to one-half of the difference between
the amount calculated in paragraph (b)(2)(i) of this section and the
amount calculated in paragraph (b)(2)(ii) of this section.
(iv) A Price Cap Carrier may elect to establish rates for
Transitional Intrastate Access Service using its intrastate access rate
structure. Carriers using this option shall establish rates for
Transitional Intrastate Access Service such that Transitional Intrastate
Access Service revenue at the proposed rates is no greater than
Transitional Intrastate Access Service revenue at the intrastate rates
in effect as of December 29, 2011 less the Step 1 Access Revenue
Reduction, using Fiscal Year 2011 demand. Carriers electing to establish
rates for Transitional Intrastate Access Service in this manner shall
notify the appropriate state regulatory authority of their election in
the filing required by Sec.51.907(b)(1).
(v) A Price Cap Carrier may elect to apply its interstate access
rate structure and interstate rates to Transitional Intrastate Access
Service. In addition to applicable interstate access rates, the carrier
may, between July 1,
[[Page 63]]
2012 and July 1, 2013, assess a transitional per-minute charge on
Transitional Intrastate Access Service end office switching minutes
(previously billed as intrastate access). The transitional per-minute
charge shall be no greater than the Step 1 Access Revenue Reduction
divided by Fiscal Year 2011 Transitional Intrastate Access Service end
office switching minutes. Carriers electing to establish rates for
Transitional Intrastate Access Service in this manner shall notify the
appropriate state regulatory authority of their election in the filing
required by paragraph (b)(1) of this section.
(vi) Except as provided in paragraph (b)(3) of this section, nothing
in this section obligates or allows a Price Cap Carrier that has
intrastate rates lower than its functionally equivalent interstate rates
to make any intrastate tariff filing or intrastate tariff revisions to
increase such rates.
(3) If a Price Cap Carrier must make an intrastate switched access
rate reduction pursuant to paragraph (b)(2) of this section, and that
Price Cap Carrier has an intrastate rate for a rate element that is
below the comparable interstate rate for that element, the Price Cap
Carrier shall:
(i) Increase the rate for any intrastate rate element that is below
the comparable interstate rate for that element to the interstate rate
no later than July 1, 2013;
(ii) Include any increases made pursuant to paragraph (b)(3)(i) of
this section in the calculation of its eligible recovery for 2012.
(c) Step 2. Beginning July 1, 2013, notwithstanding any other
provision of the Commission's rules:
(1) Transitional Intrastate Access Service rates shall be no higher
than the Price Cap Carrier's interstate access rates. Once the Price Cap
Carrier's Transitional Intrastate Access Service rates are equal to its
functionally equivalent interstate access rates, they shall be subject
to the same rate structure and all subsequent rate and rate structure
modifications. Except as provided in paragraph (c)(4) of this section,
nothing in this section obligates or allows a Price Cap Carrier that has
intrastate rates lower than its functionally equivalent interstate rates
to make any intrastate tariff filing or intrastate tariff revisions to
increase such rates.
(2) In cases where a Price Cap Carrier does not have intrastate
rates that permit it to determine composite intrastate End Office Access
Service rates, the carrier shall establish End Office Access Service
rates such that the ratio between its composite intrastate End Office
Access Service revenues and its total intrastate switched access
revenues may not exceed the ratio between its composite interstate End
Office Access Service revenues and its total interstate switched access
revenues.
(3) [Reserved]
(4) If a Price Cap Carrier made an intrastate switched access rate
reduction in 2012 pursuant to paragraph (b)(2) of this section, and that
Price Cap Carrier has an intrastate rate for a rate element that is
below the comparable interstate rate for that element, the Price Cap
Carrier shall:
(i) Increase the rate for any intrastate rate element that is below
the comparable interstate rate for that element to the interstate rate
on July 1, 2013; and
(ii) Include any increases made pursuant to paragraph (b)(4)(i) of
this section in the calculation of its eligible recovery for 2013.
(d) Step 3. Beginning July 1, 2014, notwithstanding any other
provision of the Commission's rules:
(1) A Price Cap Carrier shall establish separate originating and
terminating rate elements for all per-minute components within
interstate and intrastate End Office Access Service. For fixed charges,
the Price Cap Carrier shall divide the rate between originating and
terminating rate elements based on relative originating and terminating
end office switching minutes. If sufficient originating and terminating
end office switching minute data is not available, the carrier shall
divide such charges equally between originating and terminating
elements.
(2) Each Price Cap Carrier shall establish rates for interstate or
intrastate terminating End Office Access Service using the following
methodology:
[[Page 64]]
(i) Each Price Cap Carrier shall calculate the 2011 Baseline
Composite Terminating End Office Access Rate. The 2011 Baseline
Composite Terminating End Office Access Rate means the Composite
Terminating End Office Access Rate calculated using Fiscal Year 2011
interstate demand multiplied by the interstate End Office Access Service
rates at the levels in effect on December 29, 2011, and then dividing
the result by 2011 Fiscal Year interstate local switching demand.
(ii) Each Price Cap Carrier shall calculate its 2014 Target
Composite Terminating End Office Access Rate. The 2014 Target Composite
Terminating End Office Access Rate means $0.0007 per minute plus two-
thirds of any difference between the 2011 Baseline Composite Terminating
End Office Access Rate and $0.0007 per minute.
(iii) Beginning July 1, 2014, no Price Cap Carrier's interstate
Composite Terminating End Office Access Rate shall exceed its 2014
Target Composite Terminating End Office Access Rate. A price cap carrier
shall determine compliance by calculating interstate Composite
Terminating End Office Access Rates using the relevant Fiscal Year 2011
interstate demand multiplied by the respective interstate rates as of
July 1, 2014, and then dividing the result by the relevant 2011 Fiscal
Year interstate terminating local switching demand. A price cap
carrier's intrastate terminating end office access rates may not exceed
the comparable interstate terminating end office access rates. In the
alternative, any Price Cap Carrier may elect to implement a single per
minute rate element for both interstate and intrastate terminating End
Office Access Service no greater than the 2014 Target Composite
Terminating End Office Access Rate if its intrastate terminating end
office access rates would be at rate parity with its interstate
terminating end office access rates.
(e) Step 4. Beginning July 1, 2015, notwithstanding any other
provision of the Commission's rules:
(1) Each Price Cap Carrier shall establish interstate or intrastate
rates for terminating End Office Access Service using the following
methodology:
(i) Each Price Cap Carrier shall calculate its 2015 Target Composite
Terminating End Office Access Rate. The 2015 Target Composite
Terminating End Office Access Rate means $0.0007 per minute plus one-
third of any difference between the 2011 Composite Terminating End
Office Access Rate and $0.0007 per minute.
(ii) Beginning July 1, 2015, no Price Cap Carrier's interstate
Composite Terminating End Office Access Rate shall exceed its 2015
Target Composite Terminating End Office Access Rate. A price cap carrier
shall determine compliance by calculating interstate Composite
Terminating End Office Access Rates using the relevant Fiscal Year 2011
interstate demand multiplied by the respective interstate rates as of
July 1, 2015, and then dividing the result by the relevant 2011 Fiscal
Year interstate terminating local switching demand. A price cap
carrier's intrastate terminating end office access rates may not exceed
the comparable interstate terminating end office access rates. In the
alternative, any Price Cap Carrier may elect to implement a single per
minute rate element for both interstate and intrastate terminating End
Office Access Service no greater than the 2015 Target Composite
Terminating End Office Access Rate if its intrastate terminating end
office access rates would be at rate parity with its interstate
terminating end office access rates.
(2) Nothing in this section obligates or allows a Price Cap Carrier
that has intrastate rates lower than its functionally equivalent
interstate rates to make any intrastate tariff filing or intrastate
tariff revisions raising such rates.
(f) Step 5. Beginning July 1, 2016, notwithstanding any other
provision of the Commission's rules, each Price Cap Carrier shall
establish interstate terminating End Office Access Service rates such
that its Composite Terminating End Office Access Service rate does not
exceed $0.0007 per minute. A price cap carrier shall determine
compliance by calculating interstate Composite Terminating End Office
Access Rates using the relevant Fiscal Year 2011 interstate demand
multiplied by the respective interstate rates as of
[[Page 65]]
July 1, 2016, and then dividing the result by the relevant 2011 Fiscal
Year interstate terminating local switching demand. A price cap
carrier's intrastate terminating end office access rates may not exceed
the comparable interstate terminating end office access rates. In the
alternative, any Price Cap Carrier may elect to implement a single per-
minute rate element for both interstate and intrastate Terminating End
Office Access Service no greater than the 2016 Target Composite
Terminating End Office Access Rate if its intrastate terminating end
office access rates would be at rate parity with its interstate
terminating end office access rates. Nothing in this section obligates
or allows a Price Cap Carrier that has intrastate rates lower than its
functionally equivalent interstate rates to make any intrastate tariff
filing or intrastate tariff revisions raising such rates.
(g) Step 6. Beginning July 1, 2017, notwithstanding any other
provision of the Commission's rules:
(1) Each Price Cap Carrier shall, in accordance with a bill-and-keep
methodology, refile its interstate access tariffs and any state tariffs,
in accordance with Sec.51.905(b)(2), removing any intercarrier charges
for terminating End Office Access Service.
(2) Each Price Cap Carrier shall establish, for interstate and
intrastate terminating traffic traversing a tandem switch that the
terminating carrier or its affiliates owns, Tandem-Switched Transport
Access Service rates no greater than $0.0007 per minute.
(3) Nothing in this section obligates or allows a Price Cap Carrier
that has intrastate rates lower than its functionally equivalent
interstate rates to make any intrastate tariff filing or intrastate
tariff revisions raising such rates.
(h) Step 7. Beginning July 1, 2018, notwithstanding any other
provision of the Commission's rules, each Price Cap carrier shall, in
accordance with bill-and-keep, as defined in Sec.51.713, revise and
refile its interstate switched access tariffs and any state tariffs to
remove any intercarrier charges applicable to terminating tandem-
switched access service traversing a tandem switch that the terminating
carrier or its affiliate owns.
[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48452, Aug. 14, 2012;
79 FR 28844, May 20, 2014]
Effective Date Note: At 85 FR 75916, Nov. 27, 2020, Sec.51.907 was
amended by adding paragraphs (i) through (k), the effective date has
been delayed. For the convenience of the user, the added text is set
forth as follows:
Sec.51.907 Transition of price cap carrier access charges.
* * * * *
(i) 8YY Transition--Step 1. Beginning July 1, 2021, and
notwithstanding any other provision of the Commission's rules in this
chapter, each Price Cap Carrier shall:
(1) Establish separate rate elements for interstate and intrastate
toll free originating end office access service and non-toll free
originating end office access service. Rate elements reflecting fixed
charges associated with originating End Office Access Service shall be
treated as non-toll free charges.
(2) Reduce its intrastate toll free originating end office access
service rates to its interstate toll free originating end office access
service rates as follows:
(i) Calculate total revenue from End Office Access Service,
excluding non-usage-based rate elements, at the carrier's interstate
access rates in effect on June 30, 2020, using intrastate switched
access demand for each rate element for the 12 months ending June 30,
2020.
(ii) Calculate total revenue from End Office Access Service,
excluding non-usage based rate elements, at the carrier's intrastate
access rates in effect on June 30, 2020, using intrastate switched
access demand for each rate element for the 12 months ending June 30,
2020.
(iii) If the value in paragraph (i)(2)(ii) of this section is less
than or equal to the value in paragraph (i)(2)(i) of this section, the
Price Cap Carrier's intrastate End Office Access Service rates shall
remain unchanged.
(iv) If the value in paragraph (i)(2)(ii) of this section is greater
than the value in paragraph (i)(2)(i) of this section, the Price Cap
Carrier shall reduce intrastate rates for End Office Access Service so
that they are equal to the Price Cap Carrier's functionally equivalent
interstate rates for End Office Access Rates and shall be subject to the
interstate rate structure and all subsequent rate and rate structure
modifications.
(v) Except as provided in paragraph (i)(2) of this section, nothing
in this section allows a Price Cap Carrier that has intrastate rates
[[Page 66]]
lower than its functionally equivalent interstate rates to make any
intrastate tariff filing or intrastate tariff revisions to increase such
rates. If a Price Cap Carrier has an intrastate rate for an End Office
Access Service rate element that is below the comparable interstate rate
for that element, the Price Cap Carrier may, if necessary as part of a
restructuring to reduce its intrastate rates for End Office Access
Service down to parity with functionally equivalent interstate rates,
increase the rate for an intrastate rate element that is below the
comparable interstate rate for that element to the interstate rate in
effect on July 1, 2021.
(3) Establish separate rate elements for interstate and intrastate
non-toll free originating transport services for service between an end
office switch and the tandem switch and remove its rate for intrastate
and interstate originating toll free transport services consistent with
a bill-and-keep methodology (as defined in Sec.51.713).
(4) Establish separate rate elements respectively for interstate and
intrastate non-toll free originating tandem switching services.
(5) Establish transitional interstate and intrastate Joint Tandem
Switched Transport Access Service rate elements for Toll Free Calls that
are respectively no more than $0.001 per minute.
(6) Reduce its interstate and intrastate rates for Toll Free
Database Query Charges to no more than $0.004248 per query. Nothing in
this section obligates or allows a Price Cap Carrier that has Toll Free
Database Query Charges lower than this rate to make any intrastate or
interstate tariff filing revision to increase such rates.
(j) 8YY Transition--Step 2. Beginning July 1, 2022, and
notwithstanding any other provision of the Commission's rules in this
chapter, each Price Cap Carrier shall:
(1) Reduce its interstate and intrastate rates for all originating
End Office Access Service rate elements for Toll Free Calls in each
state in which it provides such service by one-half of the maximum rate
allowed by paragraph (a) of this section; and
(2) Reduce its rates for intrastate and interstate Toll Free
Database Query Charges by one-half of the difference between the rate
permitted by paragraph (i)(6) of this section and the transitional rate
of $0.0002 per query set forth in paragraph (k)(2) of this section.
(k) 8YY Transition--Step 3. Beginning July 1, 2023, and
notwithstanding any other provision of the Commission's rules in this
chapter, each Price Cap Carrier shall:
(1) In accordance with a bill-and-keep methodology, refile its
interstate switched access tariff and any state tariff to remove any
intercarrier charges for intrastate and interstate originating End
Office Access Service for Toll Free Calls; and
(2) Reduce its rates for all intrastate and interstate Toll Free
Database Query Charges to a transitional rate of no more than $0.0002
per query.
Sec.51.909 Transition of rate-of-return carrier access charges.
(a) Notwithstanding any other provision of the Commission's rules,
on December 29, 2011, a Rate-of-Return Carrier shall:
(1) Cap the rates for all rate elements for services contained in
the definitions of End Office Access Service, Tandem Switched Transport
Access Service, and Dedicated Transport Access Service, as well as all
other interstate switched access rate elements, in its interstate
switched access tariffs at the rate that was in effect on the December
29, 2011; and
(2) Cap, in accordance with Sec.51.505(b)(2), the rates for rate
all elements in its intrastate switched access tariffs associated with
the provision of terminating End Office Access Service and terminating
Tandem-Switched Transport Access Service at the rates that were in
effect on the December 29, 2011,
(i) Using the terminating rates if specifically identified; or
(ii) Using the rate for the applicable rate element if the tariff
does not distinguish between originating and terminating.
(3) Except as provided in paragraphs (a)(6) and (b)(4) of this
section, nothing in this section obligates or allows a Rate-of-Return
Carrier that has intrastate rates lower than its functionally equivalent
interstate rates to make any intrastate tariff filing or intrastate
tariff revisions raising such rates.
(4) Notwithstanding the requirements of paragraph (a)(1) of this
section, if a Rate-of-Return Carrier enters or exits the National
Exchange Carrier Association (Association), as defined in Sec.69.2(d)
of this chapter, traffic-sensitive tariff pursuant to the provisions of
Sec.69.3(e)(6) of this chapter, the Association shall adjust its
switched access rate caps referenced in paragraph (a)(1) of this
section.
(i) For each entering Rate-of-Return Carrier, the Association shall:
(A) Determine each entering Rate-of-Return Carrier's interstate
switched
[[Page 67]]
access revenues for the preceding calendar year;
(B) Determine the revenues that would have been realized by the
entering Rate-of-Return Carrier in the preceding calendar year if it had
used the Association's switched access rates (employing the rates for
the appropriate bands) as of December 31 of the preceding year and the
entering Rate-of-Return Carrier's switched access demand used to
determine switched access revenues under paragraph (a)(4)(i)(A) of this
section; and
(C) Subtract the sum of the revenues determined pursuant to
paragraph (a)(4)(i)(B) of this section from the sum of the revenues
determined pursuant to paragraph (a)(4)(i)(A) of this section.
(ii) The Association shall determine the amount by which each
exiting Rate-of-Return Carrier is a net contributor or net recipient to
or from the switched access segment of the Association pool as follows:
(A) The Association shall calculate the difference between each
exiting Rate-of-Return Carrier's 2011-2012 tariff year projected
interstate switched access revenues excluding Local Switching Support
and the Rate-of-Return Carrier's projected switched access pool
settlements excluding Local Switching Support for the same period with a
net contribution amount being treated as a positive amount and a net
recipient amount being treated as a negative amount. The Association
shall divide the calculated difference by the Rate-of-Return Carrier's
2011-2012 tariff year projected interstate switched access revenues
excluding Local Switching Support to produce a percent net contribution
or net receipt factor.
(B) The Association shall multiply the factor calculated in
paragraph (a)(4)(ii)(A) of this section by the Rate-of-Return Carrier's
switched access revenues for the preceding calendar year to yield the
amount of the Rate-of-Return Carrier's net contribution or net receipts
for the calendar year.
(iii) To determine the Association's adjusted switched access rate
caps, the Association shall:
(A) Add the amounts calculated under paragraphs (a)(4)(i) and
(a)(4)(ii) of this section;
(B) Divide the amount determined in paragraph (a)(4)(iii)(A) of this
section by the preceding year's switched access revenues of the Rate-of-
Return Carriers that will participate in the Association traffic-
sensitive tariff for the next annual tariff period;
(C) The Association shall proportionately adjust its June 30
switched access rate caps by the percentage amount determined in
paragraph (a)(4)(iii)(B) of this section.
(iv) The interstate switched access rate caps determined pursuant to
paragraph (a)(4)(iii)(C) of this section shall be the new capped
interstate switched access rates for purposes of Sec.51.909(a). The
Association shall provide support in its annual access tariff filing to
justify the revised interstate switched access rate caps, the Access
Recovery Charges that will be assessed, and the amount of Connect
America Fund ICC support each carrier will be eligible to receive.
(5) A Rate-of-Return Carrier exiting the Association traffic-
sensitive tariff pursuant to Sec.69.3(e)(6) of this chapter must
establish new switched access rate caps as follows:
(i) The Rate-of-Return Carrier shall multiply the factor determined
in paragraph (a)(4)(ii)(A) of this section by negative one and then
proportionately adjust the Association's capped switched access rates as
of the date preceding the effective date of the exiting Rate-of-Return
Carrier's next annual tariff filing by this percentage. A Rate-of-Return
Carrier that was a net contributor to the pool will have rate caps that
are lower than the Association's switched access rate caps, while a net
recipient will have switched access rate caps that are higher than the
Association's switched access rate caps;
(ii) The interstate switched access rate caps determined pursuant to
paragraph (a)(5)(i) of this section shall be the new capped interstate
switched access rates of the exiting Rate-of-Return Carrier for purposes
of Sec.51.909(a). An exiting Rate-of-Return Carrier shall provide
support in its annual access tariff filing to justify the revised
interstate switched access rate caps, the Access Recovery Charges that
will be assessed, and the amount of Connect
[[Page 68]]
America Fund ICC support the carrier will be eligible to receive.
(6) If the Association revises its interstate switched access rate
caps pursuant to paragraph (a)(4) of this section, each Rate-of-Return
Carrier participating in the upcoming annual Association traffic-
sensitive tariff shall:
(i) Revise any of its intrastate switched access rates that would
have reached parity with its interstate switched access rates in 2013 to
parity with the revised interstate switched access rate levels;
(ii) The Association shall provide Rate-of-Return Carriers that are
participating in the Association traffic-sensitive pool with notice of
any revisions the Association proposes under paragraph (a)(4) of this
section no later than May 1.
(b) Step 1. Beginning July 1, 2012, notwithstanding any other
provision of the Commission's rules:
(1) Each Rate-of-Return Carrier shall file intrastate access tariff
provisions, in accordance with Sec.51.505(b)(2), that set forth the
rates applicable to Transitional Intrastate Access Service in each state
in which it provides Transitional Intrastate Access Service.
(2) Each Rate-of-Return Carrier shall establish the rates for
Transitional Intrastate Access Service using the following methodology:
(i) Calculate total revenue from Transitional Intrastate Access
Service at the carrier's interstate access rates in effect on December
29, 2011, using Fiscal Year 2011 intrastate switched access demand for
each rate element.
(ii) Calculate total revenue from Transitional Intrastate Access
Service at the carrier's intrastate access rates in effect on December
29, 2011, using Fiscal Year 2011 intrastate switched access demand for
each rate element.
(iii) Calculate the Step 1 Access Revenue Reduction. The Step 1
Access Revenue Reduction is equal to one-half of the difference between
the amount calculated in (b)(2)(i) of this section and the amount
calculated in (b)(2)(ii) of this section.
(iv) A Rate-of-Return Carrier may elect to establish rates for
Transitional Intrastate Access Service using its intrastate access rate
structure. Carriers using this option shall establish rates for
Transitional Intrastate Access Service such that Transitional Intrastate
Access Service revenue at the proposed rates is no greater than
Transitional Intrastate Access Service revenue at the intrastate rates
in effect as of December 29, 2011 less the Step 1 Access Revenue
Reduction, using Fiscal Year 2011 intrastate switched access demand.
Carriers electing to establish rates for Transitional Intrastate Access
Service in this manner shall notify the appropriate state regulatory
authority of their election in the filing required by Sec.
51.907(b)(1).
(v) A Rate-of-Return Carrier may elect to apply its interstate
access rate structure and interstate rates to Transitional Intrastate
Access Service. In addition to applicable interstate access rates, the
carrier may, between July 1, 2012 and July 1, 2013, assess a
transitional per-minute charge on Transitional Intrastate Access Service
end office switching minutes (previously billed as intrastate access).
The transitional per-minute charge shall be no greater than the Step 1
Access Revenue Reduction divided by Fiscal Year 2011 Transitional
Intrastate Access Service end office switching minutes. Carriers
electing to establish rates for Transitional Intrastate Access Service
in this manner shall notify the appropriate state regulatory authority
of their election in the filing required by Sec.51.907(b)(1).
(3) Except as provided in paragraph (b)(4) of this section, nothing
in this section obligates or allows a Rate-of-Return carrier that has
intrastate rates lower than its functionally equivalent interstate rates
to make any intrastate tariff filing or intrastate tariff revisions
raising such rates.
(4) If a Rate-of-Return Carrier must make an intrastate switched
access rate reduction pursuant to paragraph (b)(2) of this section, and
that Rate-of-Return Carrier has an intrastate rate for a rate element
that is below the comparable interstate rate for that element, the Rate-
of-Return Carrier shall:
(i) Increase the rate for any intrastate rate element that is below
the comparable interstate rate for that element to the interstate rate
no later than July 1, 2013;
[[Page 69]]
(ii) Include any increases made pursuant to paragraph (b)(4)(i) of
this section in the calculation of its eligible recovery for 2012.
(c) Step 2. Beginning July 1, 2013, notwithstanding any other
provision of the Commission's rules:
(1) Transitional Intrastate Access Service rates shall be no higher
than the Rate-of-Return Carrier's interstate Terminating End Office
Access Service, Terminating Tandem-Switched Transport Access Service,
and Originating and Terminating Dedicated Transport Access Service rates
and subject to the same rate structure and all subsequent rate and rate
structure modifications. Except as provided in paragraph (c)(2) of this
section, nothing in this section obligates or allows a Rate-of-Return
Carrier that has intrastate rates lower than its functionally equivalent
interstate rates to make any intrastate tariff filing or intrastate
tariff revisions to increase such rates.
(2) If a Rate-of-Return Carrier made an intrastate switched access
rate reduction in 2012 pursuant to paragraph (b)(2) of this section, and
that Rate-of-Return Carrier has an intrastate rate for a rate element
that is below the comparable interstate rate for that element, the Rate-
of-Return Carrier shall:
(i) Increase any intrastate rate element that is below the
comparable interstate rate to the interstate rate by July 1, 2013; and
(ii) Include any increases made pursuant to paragraph (c)(2)(i) of
this section in the calculation of its eligible recovery for 2013.
(d) Step 3. Beginning July 1, 2014, notwithstanding any other
provision of the Commission's rules:
(1) Notwithstanding the rate structure rules set forth in Sec.
69.106 of this chapter or anything else in the Commission's rules, a
Rate-of-Return Carrier shall establish separate originating and
terminating interstate and intrastate rate elements for all components
within interstate End Office Access Service. For fixed charges, the
Rate-of-Return Carrier shall divide the amount based on relative
originating and terminating end office switching minutes. If sufficient
originating and terminating end office switching minute data is not
available, the carrier shall divide such charges equally between
originating and terminating elements.
(2) Nothing in this Step shall affect Tandem-Switched Transport
Access Service or Dedicated Transport Access Service.
(3) Each Rate-of-Return Carrier shall establish rates for interstate
and intrastate terminating End Office Access Service using the following
methodology:
(i) Each Rate-of-Return Carrier shall calculate the 2011 Baseline
Composite Terminating End Office Access Rate. The 2011 Baseline
Composite Terminating End Office Access Rate means the Composite
Terminating End Office Access Rate calculated using Fiscal Year 2011
interstate demand and the interstate End Office Access Service rates at
the levels in effect on December 29, 2011.
(ii) Each Rate-of-Return Carrier shall calculate its 2014 Target
Composite Terminating End Office Access Rate. The 2014 Target Composite
Terminating End Office Access Rate means $0.005 per minute plus two-
thirds of any difference between the 2011 Baseline Composite Terminating
End Office Access Rate and $0.005 per minute.
(iii) Beginning July 1, 2014, no Rate-of-Return Carrier's interstate
Composite Terminating End Office Access Rate shall exceed its 2014
Target Composite Terminating End Office Access Rate. A rate-of-return
carrier shall determine compliance by calculating interstate Composite
Terminating End Office Access Rates using the relevant projected
interstate demand for the tariff period multiplied by the respective
interstate rates as of July 1, 2014, and then dividing by the projected
interstate terminating end office local switching demand for the tariff
period. A rate-of-return carrier's intrastate terminating end office
access rates may not exceed the comparable interstate terminating end
office access rates. In the alternative, any Rate-of-Return Carrier may
elect to implement a single per minute rate element for both interstate
and intrastate terminating End Office Access Service no greater than the
2014 Target Composite Terminating End Office Access Rate if its
intrastate terminating end office
[[Page 70]]
access rates would be at rate parity with its interstate terminating end
office access rates.
(4) Nothing in this section obligates or allows a Rate-of-Return
Carrier that has intrastate rates lower than its functionally equivalent
interstate rates to make any intrastate tariff filing or intrastate
tariff revisions raising such rates.
(e) Step 4. Beginning July 1, 2015, notwithstanding any other
provision of the Commission's rules:
(1) Each Rate-of-Return Carrier shall establish rates for interstate
and intrastate terminating End Office Access Service using the following
methodology:
(i) Each Rate-of-Return Carrier shall calculate its 2015 Target
Composite Terminating End Office Access Rate. The 2015 Target Composite
Terminating End Office Access Rate means $0.005 per minute plus one-
third of any difference between the 2011 Baseline Composite Terminating
End Office Access Rate and $0.005 per minute.
(ii) Beginning July 1, 2015, no Rate-of-Return Carrier's interstate
Composite Terminating End Office Access Rate shall exceed its 2015
Target Composite Terminating End Office Access Rate. A rate-of-return
carrier shall determine compliance by calculating interstate Composite
Terminating End Office Access Rates using the relevant projected
interstate demand for the tariff period multiplied by the respective
interstate rates as of July 1, 2015, and then dividing by the projected
interstate terminating end office local switching demand for the tariff
period. A rate-of-return carrier's intrastate terminating end office
access rates may not exceed the comparable interstate terminating end
office access rates. In the alternative, any Rate-of-Return Carrier may
elect to implement a single per minute rate element for both interstate
and intrastate terminating End Office Access Service no greater than the
2015 Target Composite Terminating End Office Access Rate if its
intrastate terminating end office access rates would be at rate parity
with its interstate terminating end office access rates. Nothing in this
section obligates or allows a Rate-of-Return Carrier that has intrastate
rates lower than its functionally equivalent interstate rates to make
any intrastate tariff filing or intrastate tariff revisions raising such
rates.
(2) [Reserved]
(f) Step 5. Beginning July 1, 2016, notwithstanding any other
provision of the Commission's rules, each Rate-of-Return Carrier shall
establish interstate terminating End Office Access Service rates such
that its interstate Composite Terminating End Office Access Service rate
does not exceed $0.005 per minute. A rate-of-return carrier shall
determine compliance by calculating interstate Composite Terminating End
Office Access Rates using the relevant projected interstate demand for
the tariff period multiplied by the respective interstate rates as of
July 1, 2016, and then dividing by the projected interstate terminating
end office local switching demand for the tariff period. A rate-of-
return carrier's intrastate terminating end office access rates may not
exceed the comparable interstate terminating end office access rates. In
the alternative, any Rate-of-Return Carrier may elect to implement a
single per minute rate element for both interstate and intrastate
terminating End Office Access Service no greater than the 2016 Target
Composite Terminating End Office Access Rate if its intrastate
terminating end office access rates would be at rate parity with its
interstate terminating end office access rates. Nothing in this section
obligates or allows a Rate-of-Return Carrier that has intrastate rates
lower than its functionally equivalent interstate rates to make any
intrastate tariff filing or intrastate tariff revisions raising such
rates.
(g) Step 6. Beginning July 1, 2017, notwithstanding any other
provision of the Commission's rules:
(1) Each Rate-of-Return Carrier shall establish interstate and
intrastate rates for terminating End Office Access Service using the
following methodology:
(i) Each Rate-of-Return Carrier shall calculate its 2017 Target
Composite Terminating End Office Access Rate. The 2017 Target Composite
Terminating End Office Access Rate means $0.0007 per minute plus two-
thirds of any difference between that carrier's
[[Page 71]]
2016 Target Composite Terminating End Office Access Rate and $0.0007 per
minute.
(ii) Beginning July 1, 2017, no Rate-of-Return Carrier's interstate
Composite Terminating End Office Access Rate shall exceed its 2017
Target Composite Terminating End Office Access Rate. A rate-of-return
carrier shall determine compliance by calculating interstate Composite
Terminating End Office Access Rates using the relevant projected
interstate demand for the tariff period multiplied by the respective
interstate rates as of July 1, 2017, and then dividing by the projected
interstate terminating end office local switching demand for the tariff
period. A rate-of-return carrier's intrastate terminating end office
access rates may not exceed the comparable interstate terminating end
office access rates. In the alternative, any Rate-of-Return Carrier may
elect to implement a single per minute rate element for both interstate
and intrastate terminating End Office Access Service no greater than the
2017 Target Composite Terminating End Office Access Rate if its
intrastate terminating end office access rates would be at rate parity
with its interstate terminating end office access rates. Nothing in this
section obligates or allows a Rate-of-Return Carrier that has intrastate
rates lower than its functionally equivalent interstate rates to make
any intrastate tariff filing or intrastate tariff revisions raising such
rates.
(2) [Reserved]
(h) Step 7. Beginning July 1, 2018, notwithstanding any other
provision of the Commission's rules:
(1) Each Rate-of-Return Carrier shall establish interstate and
intrastate rates for terminating End Office Access Service using the
following methodology:
(i) Each Rate-of-Return Carrier shall calculate its 2018 Target
Composite Terminating End Office Access Rate. The 2018 Target Composite
Terminating End Office Access Rate means $0.0007 per minute plus one-
third of any difference between that carrier's 2016 Target Composite
Terminating End Office Access Rate and $0.0007 per minute.
(ii) Beginning July 1, 2018, no Rate-of-Return Carrier's interstate
Composite Terminating End Office Access Rate shall exceed its 2018
Target Composite Terminating End Office Access Rate. A rate-of-return
carrier shall determine compliance by calculating interstate Composite
Terminating End Office Access Rates using the relevant projected
interstate demand for the tariff period multiplied by the respective
interstate rates as of July 1, 2018 and then dividing by the projected
interstate terminating end office local switching demand for the tariff
period. A rate-of-return carrier's intrastate terminating end office
access rates may not exceed the comparable interstate terminating end
office access rates. In the alternative, any Rate-of-Return Carrier may
elect to implement a single per minute rate element for both interstate
and intrastate terminating End Office Access Service no greater than the
2018 interstate Target Composite Terminating End Office Access Rate if
its intrastate terminating end office access rates would be at rate
parity with its interstate terminating end office access rates. Nothing
in this section obligates or allows a Rate-of-Return Carrier that has
intrastate rates lower than its functionally equivalent interstate rates
to make any intrastate tariff filing or intrastate tariff revisions
raising such rates.
(2) [Reserved]
(i) Step 8. Beginning July 1, 2019, notwithstanding any other
provision of the Commission's rules, each Rate-of-Return Carrier shall
establish interstate and intrastate rates for terminating End Office
Access Service that do not exceed $0.0007 per minute.
(j) Step 9. Beginning July 1, 2020, notwithstanding any other
provision of the Commission's rules, each Rate-of-Return Carrier shall,
in accordance with a bill-and-keep methodology, revise and refile its
federal access tariffs and any state tariffs to remove any intercarrier
charges for terminating End Office Access Service.
(k) As set forth in FCC 11-161, states will facilitate
implementation of changes to intrastate access rates to ensure
compliance with the Order. Nothing in this section shall alter the
[[Page 72]]
authority of a state to monitor and oversee filing of intrastate
tariffs.
[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48452, Aug. 14, 2012;
78 FR 26267, May 6, 2013; 79 FR 28845, May 20, 2014]
Effective Date Note: At 8F FR 75917, Nov. 27, 2020, Sec.51.909 was
amended by adding paragraphs (l) through (o), the effective date of
these paragraphs is delayed. For the convenience of the user, the added
text is set forth as follows:
Sec.51.909 Transition of rate-of-return carrier access charges.
* * * * *
(l) 8YY Transition--Step 1. As of December 28, 2020, each rate-of-
return carrier shall cap the rate for all intrastate originating access
charge rate elements for Toll Free Calls, including for Toll Free
Database Query Charges.
(m) 8YY Transition--Step 2. Beginning July 1, 2021, and
notwithstanding any other provision of the Commission's rules in this
chapter, each Rate-of-Return Carrier shall:
(1) Establish separate rate elements for interstate and intrastate
toll free originating end office access service and non-toll free
originating end office access service. Rate elements reflecting fixed
charges associated with originating End Office Access Service shall be
treated as non-toll free charges.
(2) Reduce its intrastate toll free originating end office access
service rates to its interstate toll free originating end office access
service rates as follows:
(i) Calculate total revenue from End Office Access Service,
excluding non-usage-based rate elements, at the carrier's interstate
access rates in effect on June 30, 2020, using intrastate switched
access demand for each rate element for the 12 months ending June 30,
2020.
(ii) Calculate total revenue from End Office Access Service,
excluding non-usage based rate elements, at the carrier's intrastate
access rates in effect on June 30, 2020, using intrastate switched
access demand for each rate element for the 12 months ending June 30,
2020.
(iii) If the value in paragraph (m)(2)(ii) of this section is less
than or equal to the value in paragraph (m)(2)(i) of this section, the
Rate-of-Return Carrier's intrastate End Office Access Service rates
shall remain unchanged.
(iv) If the value in paragraph (m)(2)(ii) of this section is greater
than the value in paragraph (m)(2)(i) of this section, the Rate-of-
Return Carrier shall reduce intrastate rates for End Office Access
Service so that they are equal to the Rate-of-Return Carrier's
functionally equivalent interstate rates for End Office Access Rates and
shall be subject to the interstate rate structure and all subsequent
rate and rate structure modifications.
(v) Except as provided in paragraph (m)(2) of this section, nothing
in this section allows a Rate-of-Return Carrier that has intrastate
rates lower than its functionally equivalent interstate rates to make
any intrastate tariff filing or intrastate tariff revisions to increase
such rates. If a Rate-of-Return Carrier has an intrastate rate for an
End Office Access Service rate element that less than the comparable
interstate rate for that element, the Rate-of-Return Carrier may, if
necessary as part of a restructuring to reduce its intrastate rates for
End Office Access Service down to parity with functionally equivalent
interstate rates, increase the rate for an intrastate rate element that
is below the comparable interstate rate for that element to the
interstate rate on July 1, 2021.
(3) Establish separate rate elements for interstate and intrastate
non-toll free originating transport services for service between an end
office switch and the tandem switch and remove its rate for intrastate
and interstate originating toll free transport services consistent with
a bill-and-keep methodology (as defined in Sec.51.713).
(4) Establish separate rate elements respectively for interstate and
intrastate non-toll free originating tandem switching services.
(5) Establish transitional interstate and intrastate Joint Tandem
Switched Transport Access rate elements for Toll Free Calls that are
respectively no more than $0.001 per minute.
(6) Reduce its interstate and intrastate rates for Toll Free
Database Query Charges to no more than $0.004248 per query. Nothing in
this section obligates or allows a Rate-of-Return carrier that has Toll
Free Database Query Charges lower than this rate to make any intrastate
or interstate tariff filing revision to increase such rates.
(n) 8YY Transition--Step 3. Beginning July 1, 2022, and
notwithstanding any other provision of the Commission's rules in this
chapter, each Rate-of-Return Carrier shall:
(1) Reduce its interstate and intrastate rates for all originating
End Office Access Service rate elements for Toll Free Calls in each
state in which it provides such service by one-half of the maximum rate
allowed by paragraph (a) of this section; and
(2) Reduce its rates for intrastate and interstate Toll Free
Database Query Charges by one-half of the difference between the rate
permitted by paragraph (m)(6) of this section and the transitional rate
of $0.0002 per query set forth in paragraph (o)(2) of this section.
(o) 8YY Transition--Step 4. Beginning on July 1, 2023, and
notwithstanding any other
[[Page 73]]
provision of the Commission's rules in this chapter, each Rate-of-Return
Carrier shall:
(1) In accordance with a bill-and-keep methodology, refile its
interstate switched access tariff and any state tariff to remove any
intercarrier charges for all intrastate and interstate originating End
Office Access Service for Toll Free Calls; and
(2) Reduce its rates for all intrastate and interstate Toll Free
Database Query Charges to a transitional rate of no more than $0.0002
per query.
Sec.51.911 Access reciprocal compensation rates for competitive LECs.
(a) Caps on Access Reciprocal Compensation and switched access
rates. Notwithstanding any other provision of the Commission's rules:
(1) In the case of Competitive LECs operating in an area served by a
Price Cap Carrier, no such Competitive LEC may increase the rate for any
originating or terminating intrastate switched access service above the
rate for such service in effect on December 29, 2011.
(2) In the case of Competitive LEC operating in an area served by an
incumbent local exchange carrier that is a Rate-of-Return Carrier or
Competitive LECs that are subject to the rural exemption in Sec.
61.26(e) of this chapter, no such Competitive LEC may increase the rate
for any originating or terminating intrastate switched access service
above the rate for such service in effect on December 29, 2011, with the
exception of intrastate originating access service. For such Competitive
LECs, intrastate originating access service subject to this subpart
shall remain subject to the same state rate regulation in effect
December 31, 2011, as may be modified by the state thereafter.
(b) Except as provided in paragraph (b)(7) of this section,
beginning July 3, 2012, notwithstanding any other provision of the
Commission's rules, each Competitive LEC that has tariffs on file with
state regulatory authorities shall file intrastate access tariff
provisions, in accordance with Sec.51.505(b)(2), that set forth the
rates applicable to Transitional Intrastate Access Service in each state
in which it provides Transitional Intrastate Access Service. Each
Competitive Local Exchange Carrier shall establish the rates for
Transitional Intrastate Access Service using the following methodology.
(1) Calculate total revenue from Transitional Intrastate Access
Service at the carrier's interstate access rates in effect on December
29, 2011, using Fiscal Year 2011 intrastate switched access demand for
each rate element.
(2) Calculate total revenue from Transitional Intrastate Access
Service at the carrier's intrastate access rates in effect on December
29, 2011, using Fiscal Year 2011 intrastate switched access demand for
each rate element.
(3) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access
Revenue Reduction is equal to one-half of the difference between the
amount calculated in (b)(1) of this section and the amount calculated in
(b)(2) of this section.
(4) A Competitive Local Exchange Carrier may elect to establish
rates for Transitional Intrastate Access Service using its intrastate
access rate structure. Carriers using this option shall establish rates
for Transitional Intrastate Access Service such that Transitional
Intrastate Access Service revenue at the proposed rates is no greater
than Transitional Intrastate Access Service revenue at the intrastate
rates in effect as of December 29, 2011 less the Step 1 Access Revenue
Reduction, using Fiscal year 2011 intrastate switched access demand.
(5) In the alternative, a Competitive Local Exchange Carrier may
elect to apply its interstate access rate structure and interstate rates
to Transitional Intrastate Access Service. In addition to applicable
interstate access rates, the carrier may assess a transitional per-
minute charge on Transitional Intrastate Access Service end office
switching minutes (previously billed as intrastate access). The
transitional charge shall be no greater than the Step 1 Access Revenue
Reduction divided by Fiscal year 2011 intrastate switched access demand
(6) Except as provided in paragraph (b)(7) of this section, nothing
in this section obligates or allows a Competitive LEC that has
intrastate rates lower than its functionally equivalent interstate rates
to make any intrastate tariff filing or intrastate tariff revisions
raising such rates.
[[Page 74]]
(7) If a Competitive LEC must make an intrastate switched access
rate reduction pursuant to paragraph (b) of this section, and that
Competitive LEC has an intrastate rate for a rate element that is below
the comparable interstate rate for that element, the Competitive LEC may
increase the rate for any intrastate rate element that is below the
comparable interstate rate for that element to the interstate rate no
later than July 1, 2013;
(c) Beginning July 1, 2013, notwithstanding any other provision of
the Commission's rules, all Competitive Local Exchange Carrier Access
Reciprocal Compensation rates for switched exchange access services
subject to this subpart shall be no higher than the Access Reciprocal
Compensation rates charged by the competing incumbent local exchange
carrier, in accordance with the same procedures specified in Sec.61.26
of this chapter.
(d) Cap on Database Query Charge. A Competitive Local Exchange
Carrier assessing a tariffed intrastate or interstate Toll Free Database
Query Charge shall cap such charge at the rate in effect on December 28,
2020.
[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48452, Aug. 14, 2012;
85 FR 75917, Nov. 27, 2020; 85 FR 75917, Nov. 27, 2020]
Effective Date Note: At 8F FR 75917, Nov. 27, 2020, Sec.51.911 was
amended by adding paragraph (e), the effective date of this paragraph is
delayed. For the convenience of the user, the added text is set forth as
follows:
Sec.51.911 Access reciprocal compensation rates for competitive LECs.
* * * * *
(e) Transition of cap on Database Query Charge. Beginning July 1,
2021, notwithstanding any other provision of the Commission's rules in
this chapter, a Competitive Local Exchange Carrier assessing a tariffed
intrastate or interstate Toll Free Database Query Charge shall revise
its tariffs as necessary to ensure that its intrastate and interstate
Toll Free Database Query Charges do not exceed the rates charged by the
competing incumbent local exchange carrier, as defined in Sec.
61.26(a)(2) of this chapter.
Sec.51.913 Transition for VoIP-PSTN traffic.
(a)(1) Terminating Access Reciprocal Compensation subject to this
subpart exchanged between a local exchange carrier and another
telecommunications carrier in Time Division Multiplexing (TDM) format
that originates and/or terminates in IP format shall be subject to a
rate equal to the relevant interstate terminating access charges
specified by this subpart. Interstate originating Access Reciprocal
Compensation subject to this subpart exchanged between a local exchange
carrier and another telecommunications carrier in Time Division
Multiplexing (TDM) format that originates and/or terminates in IP format
shall be subject to a rate equal to the relevant interstate originating
access charges specified by this subpart.
(2) Until June 30, 2014, intrastate originating Access Reciprocal
Compensation subject to this subpart exchanged between a local exchange
carrier and another telecommunications carrier in Time Division
Multiplexing (TDM) format that originates and/or terminates in IP format
shall be subject to a rate equal to the relevant intrastate originating
access charges specified by this subpart. Effective July 1, 2014,
originating Access Reciprocal Compensation subject to this subpart
exchanged between a local exchange carrier and another
telecommunications carrier in Time Division Multiplexing (TDM) format
that originates and/or terminates in IP format shall be subject to a
rate equal to the relevant interstate originating access charges
specified by this subpart.
(3) Telecommunications traffic originates and/or terminates in IP
format if it originates from and/or terminates to an end-user customer
of a service that requires Internet protocol-compatible customer
premises equipment.
(b) Notwithstanding any other provision of the Commission's rules, a
local exchange carrier shall be entitled to assess and collect the full
Access Reciprocal Compensation charges prescribed by this subpart that
are set forth in a local exchange carrier's interstate or intrastate
tariff for the access services defined in Sec.51.903 regardless of
whether the local exchange carrier itself delivers such traffic to the
called party's premises or delivers the call to the called party's
premises via contractual or other arrangements
[[Page 75]]
with an affiliated or unaffiliated provider of interconnected VoIP
service, as defined in 47 U.S.C. 153(25), or a non-interconnected VoIP
service, as defined in 47 U.S.C. 153(36), that does not itself seek to
collect Access Reciprocal Compensation charges prescribed by this
subpart for that traffic. This rule does not permit a local exchange
carrier to charge for functions not performed by the local exchange
carrier itself or the affiliated or unaffiliated provider of
interconnected VoIP service or non-interconnected VoIP service. For
purposes of this provision, functions provided by a LEC as part of
transmitting telecommunications between designated points using, in
whole or in part, technology other than TDM transmission in a manner
that is comparable to a service offered by a local exchange carrier
constitutes the functional equivalent of the incumbent local exchange
carrier access service.
[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 31536, May 29, 2012]
Sec.51.914 Additional provisions applicable to Access Stimulation traffic.
(a) Notwithstanding any other provision of this part, if a local
exchange carrier is engaged in Access Stimulation, as defined in Sec.
61.3(bbb) of this chapter, it shall, within 45 days of commencing Access
Stimulation, or within 45 days of November 27, 2019, whichever is later:
(1) Not bill any Interexchange Carrier for terminating switched
access tandem switching or terminating switched access transport charges
for any traffic between such local exchange carrier's terminating end
office or equivalent and the associated access tandem switch; and
(2) Shall designate, if needed, the Intermediate Access Provider(s)
that will provide terminating switched access tandem switching and
terminating switched access tandem transport services to the local
exchange carrier engaged in access stimulation and that the local
exchange carrier shall assume financial responsibility for any
applicable Intermediate Access Provider's charges for such services for
any traffic between such local exchange carrier's terminating end office
or equivalent and the associated access tandem switch.
(b) Notwithstanding any other provision of this part, if a local
exchange carrier is engaged in Access Stimulation, as defined in Sec.
61.3(bbb) of this chapter, it shall, within 45 days of commencing Access
Stimulation, or within 45 days of November 27, 2019, whichever is later,
notify in writing the Commission, all Intermediate Access Providers that
it subtends, and Interexchange Carriers with which it does business of
the following:
(1) That it is a local exchange carrier engaged in Access
Stimulation; and
(2) That it shall designate the Intermediate Access Provider(s) that
will provide the terminating switched access tandem switching and
terminating switched access tandem transport services to the local
exchange carrier engaged in access stimulation and that it shall pay for
those services as of that date.
(c) In the event that an Intermediate Access Provider receives
notice under paragraph (b) of this section that it has been designated
to provide terminating switched access tandem switching or terminating
switched access tandem transport services to a local exchange carrier
engaged in Access Stimulation and that local exchange carrier shall pay
for such terminating access service from such Intermediate Access
Provider, the Intermediate Access Provider shall not bill Interexchange
Carriers for terminating switched access tandem switching or terminating
switched access tandem transport service for traffic bound for such
local exchange carrier but, instead, shall bill such local exchange
carrier for such services.
(d) Notwithstanding paragraphs (a) and (b) of this section, any
local exchange carrier that is not itself engaged in Access Stimulation,
as that term is defined in Sec.61.3(bbb) of this chapter, but serves
as an Intermediate Access Provider with respect to traffic bound for a
local exchange carrier engaged in Access Stimulation, shall not itself
be deemed a local exchange carrier engaged in Access Stimulation or be
affected by paragraphs (a) and (b).
(e) Upon terminating its engagement in Access Stimulation, as
defined in
[[Page 76]]
Sec.61.3(bbb) of this chapter, the local exchange carrier engaged in
Access Stimulation shall provide concurrent, written notification to the
Commission and any affected Intermediate Access Provider(s) and
Interexchange Carrier(s) of such fact.
[84 FR 57650, Oct. 28, 2019, as amended at 85 FR 35209, June 9, 2020]
Sec.51.915 Recovery mechanism for price cap carriers.
(a) Scope. This section sets forth the extent to which Price Cap
Carriers may recover certain revenues, through the recovery mechanism
outlined below, to implement reforms adopted in FCC 11-161 and as
required by Sec.20.11(b) of this chapter, and Sec. Sec.51.705 and
51.907.
(b) Definitions. As used in this section and Sec.51.917, the
following terms mean:
(1) CALLS Study Area. A CALLS Study Area means a Price Cap Carrier
study area that participated in the CALLS plan at its inception. See
Access Charge Reform, Price Cap Performance Review for Local Exchange
Carriers, Low-Volume Long-Distance Users, Federal-State Joint Board on
Universal Service, Sixth Report and Order in CC Docket Nos. 96-262 and
94-1, Report and Order in CC Docket No. 99-249, Eleventh Report and
Order in CC Docket No. 96-45, 15 FCC Rcd 12962 (2000).
(2) CALLS Study Area Base Factor. The CALLS Study Area Base Factor
is equal to ninety (90) percent.
(3) CMRS Net Reciprocal Compensation Revenues. CMRS Net Reciprocal
Compensation Revenues means the reduction in net reciprocal compensation
revenues required by Sec.20.11 of this chapter associated with CMRS
traffic as described in Sec.51.701(b)(2), which is equal to its Fiscal
Year 2011 net reciprocal compensation revenues from CMRS carriers.
(4) Expected Revenues for Access Recovery Charges. Expected Revenues
for Access Recovery Charges are calculated using the tariffed Access
Recovery Charge rate for each class of service and the forecast demand
for each class of service.
(5) Initial Composite Terminating End Office Access Rate. Initial
Composite Terminating End Office Access Rate means Fiscal Year 2011
terminating interstate End Office Access Service revenue divided by
Fiscal Year 2011 terminating interstate end office switching minutes.
(6) Lifeline Customer. A Lifeline Customer is a residential lifeline
subscriber as defined by Sec.54.400(a) of this chapter that does not
pay a Residential and/or Single-Line Business End User Common Line
Charge.
(7) Net Reciprocal Compensation. Net Reciprocal Compensation means
the difference between a carrier's reciprocal compensation revenues from
non-access traffic less its reciprocal compensation payments for non-
access traffic during a stated period of time. For purposes of the
calculations made under Sec. Sec.51.915 and 51.917, the term does not
include reciprocal compensation revenues for non-access traffic
exchanged between Local Exchange Carriers and CMRS providers; recovery
for such traffic is addressed separately in these sections.
(8) Non-CALLS Study Area. Non-CALLS Study Area means a Price Cap
Carrier study area that did not participate in the CALLS plan at its
inception.
(9) Non-CALLS Study Area Base Factor. The Non-CALLS Study Area Base
Factor is equal to one hundred (100) percent for five (5) years
beginning July 1, 2012. Beginning July 1, 2017, the Non-CALLS Price Cap
Carrier Base Factor will be equal to ninety (90) percent.
(10) Price Cap Carrier Traffic Demand Factor. The Price Cap Carrier
Traffic Demand Factor, as used in calculating eligible recovery, is
equal to ninety (90) percent for the one-year period beginning July 1,
2012. It is reduced by ten (10) percent of its previous value in each
subsequent annual tariff filing.
(11) Rate Ceiling Component Charges. The Rate Ceiling Component
Charges consists of the federal end user common line charge and the
Access Recovery Charge; the flat rate for residential local service
(sometimes know as the ``1FR'' or ``R1'' rate), mandatory extended area
service charges, and state subscriber line charges; per-line state high
cost and/or state access replacement universal service contributions,
state E911 charges, and state TRS charges.
(12) Residential Rate Ceiling. The Residential Rate Ceiling, which
consists of
[[Page 77]]
the total of the Rate Ceiling Component Charges, is set at $30 per
month. The Residential Rate Ceiling will be the higher of the rate in
effect on January 1, 2012, or the rate in effect on January 1 in any
subsequent year.
(13) True-up Revenues for Access Recovery Charge. True-up revenues
for Access Recovery Charge are equal to (projected demand minus actual
realized demand for Access Recovery Charges) times the tariffed Access
Recovery Charge. This calculation shall be made separately for each
class of service and shall be adjusted to reflect any changes in
tariffed rates for the Access Recovery Charge. Realized demand is the
demand for which payment has been received by the time the true-up is
made.
(14) Intrastate 2014 Composite Terminating End Office Access Rate.
The Intrastate 2014 Composite Terminating End Office Access Rate as used
in this section is determined by
(i) If a separate terminating rate is not already generally
available, developing separate intrastate originating and terminating
end office rates in accordance with Sec.51.907(d)(1) using end office
access rates at their June 30, 2014, rate caps;
(ii) Multiplying the existing terminating June 30, 2014, intrastate
end office access rates, or the terminating rates developed in paragraph
(b)(14)(i) of this section, by the relevant Fiscal Year 2011 intrastate
demand; and
(iii) Dividing the sum of the revenues determined in paragraph
(b)(14)(ii) of this section by 2011 Fiscal Year intrastate terminating
local switching minutes.
(c) 2011 Price Cap Carrier Base Period Revenue. 2011 Price Cap
Carrier Base Period Revenue is equal to the sum of the following three
components:
(1) Terminating interstate end office switched access revenues and
interstate Tandem-Switched Transport Access Service revenues for Fiscal
Year 2011 received by March 31, 2012;
(2) Fiscal Year 2011 revenues from Transitional Intrastate Access
Service received by March 31, 2012; and
(3) Fiscal Year 2011 reciprocal compensation revenues received by
March 31, 2012, less fiscal year 2011 reciprocal compensation payments
made by March 31, 2012.
(d) Eligible recovery for Price Cap Carriers. (1) Notwithstanding
any other provision of the Commission's rules, a Price Cap Carrier may
recover the amounts specified in this paragraph through the mechanisms
described in paragraphs (e) and (f) of this section.
(i) Beginning July 1, 2012, a Price Cap Carrier's eligible recovery
will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS
Study Area Base Factor, as applicable, multiplied by the sum of the
following three components:
(A) The amount of the reduction in Transitional Intrastate Access
Service revenues determined pursuant to Sec.51.907(b)(2) multiplied by
the Price Cap Carrier Traffic Demand Factor;
(B) CMRS Net Reciprocal Compensation Revenues multiplied by the
Price Cap Carrier Traffic Demand Factor; and
(C) A Price Cap Carrier's reductions in Fiscal Year 2011 net
reciprocal compensation revenues resulting from rate reductions required
by Sec.51.705, other than those associated with CMRS traffic as
described in Sec.51.701(b)(2), which may be calculated in one of the
following ways:
(1) Calculate the reduction in Fiscal Year 2011 net reciprocal
compensation revenue as a result of rate reductions required by Sec.
51.705 using Fiscal Year 2011 reciprocal compensation demand, and then
multiply by the Price Cap Carrier Traffic Demand Factor;
(2) By using a composite reciprocal compensation rate as follows:
(i) Establish a composite reciprocal compensation rate for its
Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year
2011 reciprocal compensation payments by dividing its Fiscal Year 2011
reciprocal compensation receipts and payments by its respective Fiscal
Year 2011 demand excluding demand for traffic exchanged pursuant to a
bill-and-keep arrangement;
(ii) Calculate the difference between each of the composite
reciprocal compensation rates and the target reciprocal compensation
rate set forth in Sec.51.705 for the year beginning July 1, 2012
multiply by the appropriate Fiscal Year 2011 demand, and then multiply
by the Price Cap Carrier Traffic Demand Factor; or
[[Page 78]]
(3) For the purpose of establishing its recovery for net reciprocal
compensation, a Price Cap Carrier may elect to forgo this step and
receive no recovery for reductions in net reciprocal compensation. If a
carrier elects this option, it may not change its election at a later
date.
(ii) Beginning July 1, 2013, a Price Cap Carrier's eligible recovery
will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS
Study Area Base Factor, as applicable, multiplied by the sum of the
following three components:
(A) The cumulative amount of the reduction in Transitional
Intrastate Access Service revenues determined pursuant to Sec.
51.907(b)(2) and (c) multiplied by the Price Cap Carrier Traffic Demand
Factor; and
(B) CMRS Net Reciprocal Compensation Revenues multiplied by the
Price Cap Carrier Traffic Demand Factor; and
(C) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011
net reciprocal compensation revenues other than those associated with
CMRS traffic as described in Sec.51.701(b)(2) resulting from rate
reductions required by Sec.51.705 may be calculated in one of the
following ways:
(1) Calculate the cumulative reduction in Fiscal Year 2011 net
reciprocal compensation revenue as a result of rate reductions required
by Sec.51.705 using Fiscal Year 2011 reciprocal compensation demand
and then multiply by the Price Cap Carrier Traffic Demand Factor;
(2) By using a composite reciprocal compensation rate as follows:
(i) Establish a composite reciprocal compensation rate for its
Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year
2011 reciprocal compensation payments by dividing its Fiscal Year 2011
reciprocal compensation receipts and payments by its respective Fiscal
Year 2011 demand excluding demand for traffic exchanged pursuant to a
bill-and-keep arrangement;
(ii) Calculate the difference between each of the composite
reciprocal compensation rates and the target reciprocal compensation
rate set forth in Sec.51.705 for the year beginning July 1, 2013,
using the appropriate Fiscal Year 2011 demand, and then multiply by the
Price Cap Carrier Traffic Demand Factor; or
(3) For the purpose of establishing its recovery for net reciprocal
compensation, a Price Cap Carrier may elect to forgo this step and
receive no recovery for reductions in net reciprocal compensation. If a
carrier elects this option, it may not change its election at a later
date.
(iii) Beginning July 1, 2014, a Price Cap Carrier's eligible
recovery will be equal to the CALLS Study Area Base Factor and/or the
Non-CALLS Study Area Base Factor, as applicable, multiplied by the sum
of the amounts in paragraphs (d)(1)(iii)(A) through (d)(1)(iii)(E), of
this section, and then adding the amount in paragraph (d)(1)(iii)(F) of
this section to that amount:
(A) The amount of the reduction in Transitional Intrastate Access
Service revenues determined pursuant to Sec.51.907(b)(2) and (c)
multiplied by the Price Cap Carrier Traffic Demand Factor; and
(B) The reduction in interstate switched access revenues equal to
the difference between the 2011 Baseline Composite Terminating End
Office Access Rate and the 2014 Target Composite Terminating End Office
Access Rate determined pursuant to Sec.51.907(d) using Fiscal Year
2011 terminating interstate end office switching minutes, and then
multiply by the Price Cap Carrier Traffic Demand Factor;
(C) If the carrier reduced its 2014 Intrastate Terminating End
Office Access Rate(s) pursuant to Sec.51.907(d)(2), the reduction in
revenues equal to the difference between either the Intrastate 2014
Composite Terminating End Office Access Rate and the Composite
Terminating End Office Access Rate based on the maximum terminating end
office rates that could have been charged on July 1, 2014, or the 2014
Target Composite Terminating End Office Access Rate, as applicable,
using Fiscal Year 2011 terminating intrastate end office switching
minutes, and then multiply by the Price Cap Carrier Traffic Demand
Factor;
(D) CMRS Net Reciprocal Compensation Revenues multiplied by the
Price
[[Page 79]]
Cap Carrier Traffic Demand Factor; and
(E) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011
net reciprocal compensation revenues other than those associated with
CMRS traffic as described in Sec.51.701(b)(2) resulting from rate
reductions required by Sec.51.705 may be calculated in one of the
following ways:
(1) Calculate the cumulative reduction in Fiscal Year 2011 net
reciprocal compensation revenue as a result of rate reductions required
by Sec.51.705 using Fiscal Year 2011 reciprocal compensation demand,
and then multiply by the Price Cap Carrier Traffic Demand Factor;
(2) By using a composite reciprocal compensation rate as follows:
(i) Establish a composite reciprocal compensation rate for its
Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year
2011 reciprocal compensation payments by dividing its Fiscal Year 2011
reciprocal compensation receipts and payments by its respective Fiscal
Year 2011 demand excluding demand for traffic exchanged pursuant to a
bill-and-keep arrangement;
(ii) Calculate the difference between each of the composite
reciprocal compensation rates and the target reciprocal compensation
rate set forth in Sec.51.705 for the year beginning July 1, 2014,
using the appropriate Fiscal Year 2011 demand, and then multiply by the
Price Cap Carrier Traffic Demand Factor; or
(3) For the purpose of establishing its recovery for net reciprocal
compensation, a Price Cap Carrier may elect to forgo this step and
receive no recovery for reductions in net reciprocal compensation. If a
carrier elects this option, it may not change its election at a later
date.
(F) An amount equal to True-up Revenues for Access Recovery Charges
for the year beginning July 1, 2012.
(iv) Beginning July 1, 2015, a Price Cap Carrier's eligible recovery
will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS
Study Area Base Factor, as applicable, multiplied by the sum of the
amounts in paragraphs (d)(1)(iv)(A) through (d)(1)(iv)(E) of this
section and then adding the amount in paragraph (d)(1)(iv)(F) of this
section to that amount:
(A) The amount of the reduction in Transitional Intrastate Access
Service revenues determined pursuant to Sec.51.907(b)(2) and (c)
multiplied by the Price Cap Carrier Traffic Demand Factor;
(B) The reduction in interstate switched access revenues equal to
the difference between the 2011 Baseline Composite Terminating End
Office Access Rate and the 2015 Target Composite Terminating End Office
Access Rate determined pursuant to Sec.51.907(e) using Fiscal Year
2011 terminating interstate end office switching minutes, and then
multiply by the Price Cap Carrier Traffic Demand Factor;
(C) If the carrier reduced its Intrastate Terminating End Office
Access Rate(s) pursuant to Sec.51.907(e)(1), the reduction in
intrastate switched access revenues equal to the difference between
either the intrastate 2014 Composite Terminating End Office Access Rate
and the Composite Terminating End Office Access Rate based on the
maximum terminating end office rates that could have been charged on
July 1, 2015, or the 2015 Target Composite Terminating End Office Access
Rate, as applicable, using Fiscal Year 2011 terminating intrastate end
office switching minutes, and then multiply by the Price Cap Carrier
Traffic Demand Factor; and
(D) CMRS Net Reciprocal Compensation Revenues multiplied by the
Price Cap Carrier Traffic Demand Factor;
(E) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011
net reciprocal compensation revenues other than those associated with
CMRS traffic as described in Sec.51.701(b)(2) resulting from rate
reductions required by Sec.51.705 may be calculated in one of the
following ways:
(1) Calculate the cumulative reduction in Fiscal Year 2011 net
reciprocal compensation revenue as a result of rate reductions required
by Sec.51.705 using Fiscal Year 2011 reciprocal compensation demand,
and then multiply by the Price Cap Carrier Traffic Demand Factor;
(2) By using a composite reciprocal compensation rate as follows:
[[Page 80]]
(i) Establish a composite reciprocal compensation rate for its
Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year
2011 reciprocal compensation payments by dividing its Fiscal Year 2011
reciprocal compensation receipts and payments by its respective Fiscal
Year 2011 demand excluding demand for traffic exchanged pursuant to a
bill-and-keep arrangement;
(ii) Calculate the difference between each of the composite
reciprocal compensation rates and the target reciprocal compensation
rate set forth in Sec.51.705 for the year beginning July 1, 2015,
using the appropriate Fiscal Year 2011 demand, and then multiply by the
Price Cap Carrier Traffic Demand Factor; or
(3) For the purpose of establishing its recovery for net reciprocal
compensation, a Price Cap Carrier may elect to forgo this step and
receive no recovery for reductions in net reciprocal compensation. If a
carrier elects this option, it may not change its election at a later
date.
(F) An amount equal to True-up Revenues for Access Recovery Charges
for the year beginning July 1, 2013.
(v) Beginning July 1, 2016, a Price Cap Carrier's eligible recovery
will be equal to the CALLS Study Area Base Factor and/or the Non-CALLS
Study Area Base Factor, as applicable, multiplied by the sum of the
amounts in paragraphs (d)(1)(v)(A) through (d)(1)(v)(E), of this section
and then adding the amount in paragraph (d)(1)(v)(F) of this section to
that amount:
(A) The amount of the reduction in Transitional Intrastate Access
Service revenues determined pursuant to Sec.51.907(b)(2) and (c)
multiplied by the Price Cap Carrier Traffic Demand Factor;
(B) The reduction in interstate switched access revenues equal to
the difference between the 2011 Baseline Composite Terminating End
Office Access Rate and $0.0007 determined pursuant to Sec.51.907(f)
using Fiscal Year 2011 terminating interstate end office switching
minutes, and then multiply by the Price Cap Carrier Traffic Demand
Factor;
(C) If the carrier reduced its Intrastate Terminating End Office
Access Rate(s) pursuant to Sec.51.907(f), the reduction in revenues
equal to the difference between either the Intrastate 2014 Composite
Terminating End Office Access Rate and $0.0007 based on the maximum
terminating end office rates that could have been charged on July 1,
2016, or the 2016 Target Composite Terminating End Office Access Rate,
as applicable, using Fiscal Year 2011 terminating intrastate end office
minutes, and then multiply by the Price Cap Carrier Traffic Demand
Factor;
(D) CMRS Net Reciprocal Compensation Revenues multiplied by the
Price Cap Carrier Traffic Demand Factor;
(E) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011
net reciprocal compensation revenues other than those associated with
CMRS traffic as described in Sec.51.701(b)(2) resulting from rate
reductions required by Sec.51.705 may be calculated in one of the
following ways:
(1) Calculate the cumulative reduction in Fiscal Year 2011 net
reciprocal compensation revenue as a result of rate reductions required
by Sec.51.705 using Fiscal Year 2011 reciprocal compensation demand,
and then multiply by the Price Cap Carrier Traffic Demand Factor;
(2) By using a composite reciprocal compensation rate as follows:
(i) Establish a composite reciprocal compensation rate for its
Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year
2011 reciprocal compensation payments by dividing its Fiscal Year 2011
reciprocal compensation receipts and payments by its respective Fiscal
Year 2011 demand excluding demand for traffic exchanged pursuant to a
bill-and-keep arrangement;
(ii) Calculate the difference between each of the composite
reciprocal compensation rates and the target reciprocal compensation
rate set forth in Sec.51.705 for the year beginning July 1, 2016,
using the appropriate Fiscal Year 2011 demand, and then multiply by the
Price Cap Carrier Traffic Demand Factor; or
(3) For the purpose of establishing its recovery for net reciprocal
compensation, a Price Cap Carrier may elect to forgo this step and
receive no recovery
[[Page 81]]
for reductions in net reciprocal compensation. If a carrier elects this
option, it may not change its election at a later date.
(F) An amount equal to True-up Revenues for Access Recovery Charges
for the year beginning July 1, 2014.
(vi) Beginning July 1, 2017, a Price Cap Carrier's eligible recovery
will be equal to ninety (90) percent of the sum of the amounts in
paragraphs (d)(1)(vi) through (d)(1)(vi)(F) of this section, and then
adding the amount in paragraph (d)(1)(vi)(G) f this section to that
amount:
(A) The amount of the reduction in Transitional Intrastate Access
Service revenues determined pursuant to Sec.51.907(b)(2) and (c)
multiplied by the Price Cap Carrier Traffic Demand Factor; and
(B) The reduction in interstate switched access revenues equal to
the 2011 Baseline Composite Terminating End Office Access Rate using
Fiscal Year 2011 terminating interstate end office switching minutes,
and then multiply by the Price Cap Carrier Traffic Demand Factor;
(C) The reduction in revenues equal to the intrastate 2014 Composite
terminating End Office Access Rate using Fiscal Year 2011 terminating
intrastate end office switching minutes, and then multiply by the Price
Cap Carrier Traffic Demand Factor;
(D) The reduction in revenues resulting from reducing the
terminating Tandem-Switched Transport Access Service rate to $0.0007
pursuant to Sec.51.907(g)(2) using Fiscal Year 2011 terminating
tandem-switched minutes, and then multiply by the Price Cap Carrier
Traffic Demand Factor;
(E) CMRS Net Reciprocal Compensation Revenues multiplied by the
Price Cap Carrier Traffic Demand Factor; and
(F) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011
net reciprocal compensation revenues other than those associated with
CMRS traffic as described in Sec.51.701(b)(2) resulting from rate
reductions required by Sec.51.705 may be calculated in one of the
following ways:
(1) Calculate the cumulative reduction in Fiscal Year 2011 net
reciprocal compensation revenue as a result of rate reductions required
by Sec.51.705 using Fiscal Year 2011 reciprocal compensation demand,
and then multiply by the Price Cap Carrier Traffic Demand Factor;
(2) By using a composite reciprocal compensation rate as follows:
(i) Establish a composite reciprocal compensation rate for its
Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year
2011 reciprocal compensation payments by dividing its Fiscal Year 2011
reciprocal compensation receipts and payments by its respective Fiscal
Year 2011 demand excluding demand for traffic exchanged pursuant to a
bill-and-keep arrangement;
(ii) Calculate the difference between each of the composite
reciprocal compensation rates and the target reciprocal compensation
rate set forth in Sec.51.705 for the year beginning July 1, 2017,
using the appropriate Fiscal Year 2011 demand, and then multiply by the
Price Cap Carrier Traffic Demand Factor; or
(3) For the purpose of establishing its recovery for net reciprocal
compensation, a Price Cap Carrier may elect to forgo this step and
receive no recovery for reductions in net reciprocal compensation. If a
carrier elects this option, it may not change its election at a later
date.
(G) An amount equal to True-up Revenues for Access Recovery Charges
for the year beginning July 1, 2015.
(vii) Beginning July 1, 2018, a Price Cap Carrier's eligible
recovery will be equal to ninety (90) percent of the sum of the amounts
in paragraphs (d)(1)(vii)(A) though (d)(1)(vii)(G) of this section, and
then adding the amount in paragraph (d)(1)(vii)(H) of this section to
that amount:
(A) The amount of the reduction in Transitional Intrastate Access
Service revenues determined pursuant to Sec.51.907(b)(2) and (c)
multiplied by the Price Cap Carrier Traffic Demand Factor; and:
(B) The reduction in interstate switched access revenues equal to
the 2011 Baseline Composite Terminating End Office Access Rate using
Fiscal Year 2011 terminating interstate end office switching minutes,
and then multiply by the Price Cap Carrier Traffic Demand Factor;
[[Page 82]]
(C) The reduction in revenues equal to the intrastate 2014 Composite
terminating End Office Access Rate using Fiscal Year 2011 terminating
intrastate end office switching minutes, and then multiply by the Price
Cap Carrier Traffic Demand Factor;
(D) The reduction in revenues resulting from reducing the
terminating Tandem-Switched Transport Access Service rate to $0.0007
pursuant to Sec.51.907(g)(2) using Fiscal Year 2011 terminating
tandem-switched minutes, and then multiply by the Price Cap Carrier
Traffic Demand Factor;
(E) The reduction in revenues resulting from moving from a
terminating Tandem-Switched Transport Access Service rate tariffed at a
maximum of $0.0007 to removal of intercarrier charges pursuant to Sec.
51.907(h), if applicable, using Fiscal Year 2011 terminating tandem-
switched minutes, and then multiply by the Price Cap Carrier Traffic
Demand Factor;
(F) CMRS Net Reciprocal Compensation Revenues multiplied by the
Price Cap Carrier Traffic Demand Factor; and
(G) A Price Cap Carrier's cumulative reductions in Fiscal Year 2011
net reciprocal compensation revenues other than those associated with
CMRS traffic as described in Sec.51.701(b)(2) resulting from rate
reductions required by Sec.51.705 may be calculated in one of the
following ways:
(1) Calculate the cumulative reduction in Fiscal Year 2011 net
reciprocal compensation revenue as a result of rate reductions required
by Sec.51.705 using Fiscal Year 2011 reciprocal compensation demand,
and then multiply by the Price Cap Carrier Traffic Demand Factor;
(2) By using a composite reciprocal compensation rate as follows:
(i) Establish a composite reciprocal compensation rate for its
Fiscal Year 2011 reciprocal compensation receipts and its Fiscal Year
2011 reciprocal compensation payments by dividing its Fiscal Year 2011
reciprocal compensation receipts and payments by its respective Fiscal
Year 2011 demand excluding demand for traffic exchanged pursuant to a
bill-and-keep arrangement;
(ii) Calculate the difference between each of the composite
reciprocal compensation rates and the target reciprocal compensation
rate set forth in Sec.51.705 for the year beginning July 1, 2018,
using the appropriate Fiscal Year 2011 demand, and then multiply by the
Price Cap Carrier Traffic Demand Factor; or
(3) For the purpose of establishing its recovery for net reciprocal
compensation, a Price Cap Carrier may elect to forgo this step and
receive no recovery for reductions in net reciprocal compensation. If a
carrier elects this option, it may not change its election at a later
date.
(H) An amount equal to True-up Revenues for Access Recovery Charges
for the year beginning July 1, 2016.
(viii) Beginning July 1, 2019, and in subsequent years, a Price Cap
Carrier's eligible recovery will be equal to the amount calculated in
paragraph (d)(1)(vii)(A) through (d)(1)(vii)(H) of this section before
the application of the Price Cap Carrier Traffic Demand Factor
applicable in 2018 multiplied by the appropriate Price Cap Carrier
Traffic Demand Factor for the year in question, and then adding an
amount equal to True-up Revenues for Access Recovery Charges for the
year beginning July 1 two years earlier.
(2) If a Price Cap Carrier recovers any costs or revenues that are
already being recovered through Access Recovery Charges or the Connect
America Fund from another source, that carrier's ability to recover
reduced switched access revenue from Access Recovery Charges or the
Connect America Fund shall be reduced to the extent it receives
duplicative recovery. Any duplicative recovery shall be reflected as a
reduction to a carrier's Eligible Recovery calculated pursuant to Sec.
51.915(d).
(3) A Price Cap Carrier seeking revenue recovery must annually
certify as part of its tariff filings to the Commission and to the
relevant state commission that the carrier is not seeking duplicative
recovery in the state jurisdiction for any Eligible Recovery subject to
the recovery mechanism.
(4) If a Price Cap Carrier receives payment for Access Recovery
Charges after the period used to measure the adjustment to reflect the
differences
[[Page 83]]
between estimated and actual revenues, it shall treat such payments as
actual revenues in the year the payment is received and shall reflect
this as an additional adjustment for that year.
(e) Access Recovery Charge. (1) A charge that is expressed in
dollars and cents per line per month may be assessed upon end users that
may be assessed an end user common line charge pursuant to Sec.69.152
of this chapter, to the extent necessary to allow the Price Cap Carrier
to recover some or all of its eligible recovery determined pursuant to
paragraph (d) of this section, subject to the caps described in
paragraph (e)(5) of this section. A Price Cap Carrier may elect to forgo
charging some or all of the Access Recovery Charge.
(2) Total Access Recovery Charges calculated by multiplying the
tariffed Access Recovery Charge by the projected demand for the year in
question may not recover more than the amount of eligible recovery
calculated pursuant to paragraph (d) of this section for the year
beginning on July 1.
(3) For the purposes of this section, a Price Cap Carrier holding
company includes all of its wholly-owned operating companies that are
price cap incumbent local exchange carriers. A Price Cap Carrier Holding
Company may recover the eligible recovery attributable to any price cap
study areas operated by its wholly-owned operating companies through
assessments of the Access Recovery Charge on end users in any price cap
study areas operated by its wholly owned operating companies that are
price cap incumbent local exchange carriers.
(4) Distribution of Access Recovery Charges among lines of different
types. (i) A Price Cap Carrier holding company that does not receive
ICC-replacement CAF support (whether because it elects not to or because
it does not have sufficient eligible recovery after the Access Recovery
Charge is assessed or imputed) may not recover a higher fraction of its
total revenue recovery from Access Recovery Charges assessed on
Residential and Single Line Business lines than:
(A) The number of Residential and Single-Line Business lines divided
by
(B) The sum of the number of Residential and Single-Line Business
lines and two (2) times the number of End User Common Line charges
assessed on Multi-Line Business customers.
(ii) For purposes of this subpart, Residential and Single Line
Business lines are lines (other than lines of Lifeline Customers)
assessed the residential and single line business end user common line
charge and lines assessed the non-primary residential end user common
line charge.
(iii) For purposes of this subpart, Multi-Line Business Lines are
lines assessed the multi-line business end user common line charge.
(5) Per-line caps and other limitations on Access Recovery Charges
(i) For each line other than lines of Lifeline Customers assessed a
primary residential or single-line business end user common line charge
or a non-primary residential end user common line charge pursuant to
Sec.69.152 of this Chapter, a Price Cap Carrier may assess an Access
Recovery Charge as follows:
(A) Beginning July 1, 2012, a maximum of $0.50 per month for each
line;
(B) Beginning July 1, 2013, a maximum of $1.00 per month for each
line;
(C) Beginning July 1, 2014, a maximum of $1.50 per month for each
line;
(D) Beginning July 1, 2015, a maximum of $2.00 per month for each
line; and
(E) Beginning July 1, 2016, a maximum of $2.50 per month for each
line.
(ii) For each line assessed a multi-line business end user common
line charge pursuant to Sec.69.152 of this chapter, a Price Cap
Carrier may assess an Access Recovery Charge as follows:
(A) Beginning July 1, 2012, a maximum of $1.00 per month for each
multi-line business end user common line charge assessed;
(B) Beginning July 1, 2013, a maximum of $2.00 per month for each
multi-line business end user common line charge assessed;
(C) Beginning July 1, 2014, a maximum of $3.00 per month for each
multi-line business end user common line charge assessed;
(D) Beginning July 1, 2015, a maximum of $4.00 per month for each
multi-line business end user common line charge assessed; and
[[Page 84]]
(E) Beginning July 1, 2016, a maximum of $5.00 per month for each
multi-line business end user common line charge assessed.
(iii) The Access Recovery Charge allowed by paragraph (e)(5)(i) of
this section may not be assessed to the extent that its assessment would
bring the total of the Rate Ceiling Component Charges above the
Residential Rate Ceiling on January 1 of that year. This limitation
applies only to the first residential line obtained by a residential end
user and does not apply to single-line business customers.
(iv) The Access Recovery Charge allowed by paragraph (e)(5)(ii) of
this section may not be assessed to the extent that its assessment would
bring the total of the multi-line business end user common line charge
and the Access Recovery Charge above $12.20 per line.
(v) The Access Recovery Charge assessed on lines assessed the non-
primary residential line end user common line charge in a study area may
not exceed the Access Recovery Charge assessed on residential end-users'
first residential line in that study area.
(vi) The Access Recovery Charge may not be assessed on lines of any
Lifeline Customers.
(vii) If in any year, the Price Cap Carrier's Access Recovery Charge
is not at its maximum, the succeeding year's Access Recovery Charge may
not increase more than $.0.50 per line per month for charges assessed
under paragraph (e)(5)(i) of this section or $1.00 per line per month
for charges assessed under paragraph (e)(5)(ii) of this section.
(f) Price Cap Carrier eligibility for CAF ICC Support. (1) A Price
Cap Carrier shall elect in its July 1, 2012 access tariff filing whether
it will receive CAF ICC Support under this paragraph. A Price Cap
Carrier eligible to receive CAF ICC Support subsequently may elect at
any time not to receive such funding. Once it makes the election not to
receive CAFF ICC Support, it may not elect to receive such funding at a
later date.
(2) Beginning July 1, 2012, a Price Cap Carrier may recover any
eligible recovery allowed by paragraph (d) that it could not have
recovered through charges assessed pursuant to paragraph (e) of this
section from CAF ICC Support pursuant to Sec.54.304. For this purpose,
the Price Cap Carrier must impute the maximum charges it could have
assessed under paragraph (e)of this section.
(3) Beginning July 1, 2017, a Price Cap Carrier may recover two-
thirds (\2/3\) of the amount it otherwise would have been eligible to
recover under paragraph (f)(2) from CAF ICC Support.
(4) Beginning July 1, 2018, a Price Cap Carrier may recover one-
third (1/3) of the amount it otherwise would have been eligible to
recover under paragraph (f)(2) of this section from CAF ICC Support.
(5) Beginning July 1, 2019, a Price Cap Carrier may no longer
recover any amount related to revenue recovery under this paragraph from
CAF ICC Support.
(6) A Price Cap Carrier that elects to receive CAF ICC support must
certify with its annual access tariff filing that it has complied with
paragraphs (d) and (e) of this section, and, after doing so, is eligible
to receive the CAF ICC support requested pursuant to paragraph (f) of
this section.
[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48453, Aug. 14, 2012;
78 FR 26268, May 6, 2013;79 FR 28846, May 20, 2014]
Sec.51.917 Revenue recovery for Rate-of-Return Carriers.
(a) Scope. This section sets forth the extent to which Rate-of-
Return Carriers may recover, through the recovery mechanism outlined in
paragraphs (d) through (f) of this section, a portion of revenues lost
due to rate reductions required by Sec.20.11(b) of this chapter, and
Sec. Sec.51.705 and 51.909.
(b) Definitions.
(1) 2011 Interstate Switched Access Revenue Requirement. 2011
Interstate Switched Access Revenue Requirement means:
(i) For a Rate-of-Return Carrier that participated in the NECA 2011
annual switched access tariff filing, its projected interstate switched
access revenue requirement associated with the NECA 2011 annual
interstate switched access tariff filing;
(ii) For a Rate-of-Return Carrier subject to Sec.61.38 of this
chapter that filed
[[Page 85]]
its own annual access tariff in 2010 and did not participate in the NECA
2011 annual switched access tariff filing, its projected interstate
switched access revenue requirement in its 2010 annual interstate
switched access tariff filing; and
(iii) For a Rate-of-Return Carrier subject to Sec.61.39 of this
chapter that filed its own annual switched access tariff in 2011, its
historically-determined annual interstate switched access revenue
requirement filed with its 2011 annual interstate switched access tariff
filing.
(2) Expected Revenues. Expected Revenues from an access service are
calculated using the default transition rate for that service specified
by Sec.51.909 and forecast demand for that service. Expected Revenues
from a non-access service are calculated using the default transition
rate for that service specified by Sec.20.11 of this chapter or Sec.
51.705 of this chapter and forecast net demand for that service.
(3) Rate-of-Return Carrier Baseline Adjustment Factor. The Rate-of-
Return Carrier Baseline Adjustment Factor, as used in calculating
eligible recovery for Rate-of-Return Carriers, is equal to ninety-five
(95) percent for the period beginning July 1, 2012. It is reduced by
five (5) percent of its previous value in each subsequent annual tariff
filing.
(4) Revenue Requirement. Revenue Requirement is equal to a carrier's
regulated operating costs plus an 11.25 percent return on a carrier's
net rate base calculated in compliance with the provisions of parts 36,
65 and 69 of this chapter. For an average schedule carrier, its Revenue
Requirement shall be equal to the average schedule settlements it
received from the pool, adjusted to reflect an 11.25 percent rate of
return, or what it would have received if it had been a participant in
the pool. If the reference is to an operating segment, these references
are to the Revenue Requirement associated with that segment.
(5) True-up Adjustment. The True-up Adjustment is equal to the True-
up Revenues for any particular service for the period in question.
(6) True-up Revenues. True-up Revenues from an access service are
equal to (projected demand minus actual realized demand for that
service) times the default transition rate for that service specified by
Sec.51.909. True-up Revenues from a non-access service are equal to
(projected demand minus actual realized net demand for that service)
times the default transition rate for that service specified by Sec.
20.11(b) of this chapter or Sec.51.705. Realized demand is the demand
for which payment has been received, or has been made, as appropriate,
by the time the true-up is made.
(7) 2011 Rate-of-Return Carrier Base Period Revenue. 2011 Rate-of-
Return Carrier Base Period Revenue is the sum of:
(i) 2011 Interstate Switched Access Revenue Requirement;
(ii) Fiscal Year 2011 revenues from Transitional Intrastate Access
Service received by March 31, 2012; and
(iii) Fiscal Year 2011 reciprocal compensation revenues received by
March 31, 2012, less Fiscal Year 2011 reciprocal compensation payments
paid and/or payable by March 31, 2012
(c) Adjustment for Access Stimulation activity. 2011 Rate-of-Return
Carrier Base Period Revenue shall be adjusted to reflect the removal of
any increases in revenue requirement or revenues resulting from Access
Stimulation activity the Rate-of-Return Carrier engaged in during the
relevant measuring period. A Rate-of-Return Carrier should make this
adjustment for its initial July 1, 2012, tariff filing, but the
adjustment may result from a subsequent Commission or court ruling.
(d) Eligible Recovery for Rate-of-Return Carriers. (1)
Notwithstanding any other provision of the Commission's rules, a Rate-
of-Return Carrier may recover the amounts specified in this paragraph
through the mechanisms described in paragraphs (e) and (f) of this
section.
(i) Beginning July 1, 2012, a Rate-of-Return Carrier's eligible
recovery will be equal to the 2011 Rate-of-Return Carrier Base Period
Revenue multiplied by the Rate-of-Return Carrier Baseline Adjustment
Factor less:
(A) The Expected Revenues from Transitional Intrastate Access
Service for the year beginning July 1, 2012, reflecting forecasted
demand multiplied by the rates in the rate transition contained in Sec.
51.909;
[[Page 86]]
(B) The Expected Revenues from interstate switched access for the
year beginning July 1, 2012, reflecting forecasted demand multiplied by
the rates in the rate transition contained in Sec.51.909; and
(C) Expected Net Reciprocal Compensation Revenues for the year
beginning July 1, 2012 using the target methodology required by Sec.
51.705.
(ii) Beginning July 1, 2013, a Rate-of-Return Carrier's eligible
recovery will be equal to the 2011 Rate-of-Return Carrier Base Period
Revenue multiplied by the Rate-of-Return Carrier Baseline Adjustment
Factor less:
(A) The Expected Revenues from Transitional Intrastate Access
Service for the year beginning July 1, 2013, reflecting forecasted
demand multiplied by the rates in the rate transition contained in Sec.
51.909;
(B) The Expected Revenues from interstate switched access for the
year beginning July 1, 2013, reflecting forecasted demand multiplied by
the rates in the rate transition contained in Sec.51.909; and
(C) Expected Net Reciprocal Compensation Revenues for the year
beginning July 1, 2013 using the target methodology required by Sec.
51.705.
(iii) Beginning July 1, 2014, a Rate-of-Return Carrier's eligible
recovery will be equal to the 2011 Rate-of-Return Carrier Base Period
Revenue multiplied by the Rate-of-Return Carrier Baseline Adjustment
Factor less:
(A) The Expected Revenues from Transitional Intrastate Access
Service for the year beginning July 1, 2014, reflecting forecasted
demand multiplied by the rates in the rate transition contained in Sec.
51.909 (including the reduction in intrastate End Office Switched Access
Service rates), adjusted to reflect the True-Up Adjustment for
Transitional Intrastate Access Service for the year beginning July 1,
2012;
(B) The Expected Revenues from interstate switched access for the
year beginning July 1, 2014, reflecting forecasted demand multiplied by
the rates in the rate transition contained in Sec.51.909, adjusted to
reflect the True-Up Adjustment for Interstate Switched Access for the
year beginning July 1, 2012; and
(C) Expected Net Reciprocal Compensation Revenues for the year
beginning July 1, 2014 using the target methodology required by Sec.
51.705, adjusted to reflect the True-Up Adjustment for Reciprocal
Compensation for the year beginning July 1, 2012.
(D) An amount equal to True-up Revenues for Access Recovery Charges
for the year beginning July 1, 2012 multiplied by negative one.
(iv) Beginning July 1, 2015, and for all subsequent years, a Rate-
of-Return Carrier's eligible recovery will be calculated by updating the
procedures set forth in paragraph (d)(1)(iii) of this section for the
period beginning July 1, 2014, to reflect the passage of an additional
year in each subsequent year.
(v) If a Rate-of-Return Carrier receives payments for intrastate or
interstate switched access services or for Access Recovery Charges after
the period used to measure the adjustments to reflect the differences
between estimated and actual revenues, it shall treat such payments as
actual revenue in the year the payment is received and shall reflect
this as an additional adjustment for that year.
(vi) If a Rate-of-Return Carrier receives or makes reciprocal
compensation payments after the period used to measure the adjustments
to reflect the differences between estimated and actual net reciprocal
compensation revenues, it shall treat such amounts as actual revenues or
payments in the year the payment is received or made and shall reflect
this as an additional adjustment for that year.
(vii) If a Rate-of-Return Carrier recovers any costs or revenues
that are already being recovered as Eligible Recovery through Access
Recovery Charges or the Connect America Fund from another source, that
carrier's ability to recover reduced switched access revenue from Access
Recovery Charges or the Connect America Fund shall be reduced to the
extent it receives duplicative recovery. Any duplicative recovery shall
be reflected as a reduction to a carrier's Eligible Recovery calculated
pursuant to Sec.51.917(d). A Rate-of-Return Carrier seeking revenue
recovery must annually certify as part of its tariff filings to the
Commission and to the relevant state commission
[[Page 87]]
that the carrier is not seeking duplicative recovery in the state
jurisdiction for any Eligible Recovery subject to the recovery
mechanism.
(viii)(A) If a Rate-of-Return Carrier in any tariff period
underestimates its projected demand for services covered by Sec.
51.917(b)(6) or 51.915(b)(13), and thus has too much Eligible Recovery
in that tariff period, it shall refund the amount of any such True-up
Revenues or True-up Revenues for Access Recovery Charge that are not
offset by the Rate-of-Return Carrier's Eligible Recovery (calculated
before including the true-up amounts in the Eligible Recovery
calculation) in the true-up tariff period to the Administrator by August
1 following the date of the Rate-of-Return Carrier's annual access
tariff filing.
(B) If a Rate-of-Return Carrier in any tariff period receives too
little Eligible Recovery because it overestimates its projected demand
for services covered by Sec.51.917(b)(6) or 51.915(b)(13), which True-
up Revenues and True-up Revenues for Access Recovery Charge it cannot
recover in the true-up tariff period because the Rate-of-Return Carrier
has a negative Eligible Recovery in the true-up tariff period (before
calculating the true-up amount in the Eligible Recovery calculation),
the Rate-of-Return Carrier shall treat the unrecoverable true-up amount
as its Eligible Recovery for the true-up tariff period.
(e) Access Recovery Charge. (1) A charge that is expressed in
dollars and cents per line per month may be assessed upon end users that
may be assessed a subscriber line charge pursuant to Sec.69.104 of
this chapter, to the extent necessary to allow the Rate-of-Return
Carrier to recover some or all of its Eligible Recovery determined
pursuant to paragraph (d) of this section, subject to the caps described
in paragraph (e)(6) of this section. A Rate-of-Return Carrier may elect
to forgo charging some or all of the Access Recovery Charge.
(2) Total Access Recovery Charges calculated by multiplying the
tariffed Access Recovery Charge by the projected demand for the year may
not recover more than the amount of eligible recovery calculated
pursuant to paragraph (d) of this section for the year beginning on July
1.
(3) For the purposes of this section, a Rate-of-Return Carrier
holding company includes all of its wholly-owned operating companies. A
Rate-of-Return Carrier Holding Company may recover the eligible recovery
attributable to any Rate-of-Return study areas operated by its wholly-
owned operating companies that are Rate-of-Return incumbent local
exchange carriers through assessments of the Access Recovery Charge on
end users in any Rate-of-Return study areas operated by its wholly-owned
operating companies that are Rate-of-Return incumbent local exchange
carriers.
(4) Distribution of Access Recovery Charges among lines of different
types
(i) A Rate-of-Return Carrier that does not receive ICC-replacement
CAF support (whether because they elect not to or because they do not
have sufficient eligible recovery after the Access Recovery Charge is
assessed or imputed) may not recover a higher ratio of its total revenue
recovery from Access Recovery Charges assessed on Residential and Single
Line Business lines than the following ratio (using holding company
lines):
(A) The number of Residential and Single-Line Business lines
assessed an End User Common Line charge (excluding Lifeline Customers),
divided by
(B) The sum of the number of Residential and Single-Line Business
lines assessed an End User Common Line charge (excluding Lifeline
Customers), and two (2) times the number of End User Common Line charges
assessed on Multi-Line Business customers.
(5) For purposes of this subpart, Residential and Single Line
Business lines are lines (other than lines of Lifeline Customers)
assessed the residential and single line business end user common line
charge.
(i) For purposes of this subpart, Multi-Line Business Lines are
lines assessed the multi-line business end user common line charge.
(ii) [Reserved]
(6) Per-line caps and other limitations on Access Recovery Charges.
(i) For each line other than lines of Lifeline Customers assessed a
primary residential
[[Page 88]]
or single-line business end user common line charge pursuant to Sec.
69.104 of this chapter, a Rate-of-Return Carrier may assess an Access
Recovery Charge as follows:
(A) Beginning July 1, 2012, a maximum of $0.50 per month for each
line;
(B) Beginning July 1, 2013, a maximum of $1.00 per month for each
line;
(C) Beginning July 1, 2014, a maximum of $1.50 per month for each
line;
(D) Beginning July 1, 2015, a maximum of $2.00 per month for each
line;
(E) Beginning July 1, 2016, a maximum of $2.50 per month for each
line; and
(F) Beginning July 1, 2017, a maximum of $3.00 per month for each
line.
(ii) For each line assessed a multi-line business end user common
line charge pursuant to Sec.69.104 of this chapter, a Rate-of-Return
Carrier may assess an Access Recovery Charge as follows:
(A) Beginning July 1, 2012, a maximum of $1.00 per month for each
multi-line business end user common line charge assessed;
(B) Beginning July 1, 2013, a maximum of $2.00 per month for each
multi-line business end user common line charge assessed;
(C) Beginning July 1, 2014, a maximum of $3.00 per month for each
multi-line business end user common line charge assessed;
(D) Beginning July 1, 2015, a maximum of $4.00 per month for each
multi-line business end user common line charge assessed;
(E) Beginning July 1, 2016, a maximum of $5.00 per month for each
multi-line business end user common line charge assessed; and
(F) Beginning July 1, 2017, a maximum of $6.00 per month for each
multi-line business end user common line charge assessed.
(iii) The Access Recovery Charge allowed by paragraph (e)(6)(i) of
this section may not be assessed to the extent that its assessment would
bring the total of the Rate Ceiling Component Charges above the
Residential Rate Ceiling. This limitation does not apply to single-line
business customers.
(iv) The Access Recovery Charge allowed by paragraph (e)(6)(ii) of
this section may not be assessed to the extent that its assessment would
bring the total of the multi-line business end user common line charge
and the Access Recovery Charge above $12.20 per line.
(v) The Access Recovery Charge may not be assessed on lines of
Lifeline Customers.
(vi) If in any year, the Rate of return carriers' Access Recovery
Charge is not at its maximum, the succeeding year's Access Recovery
Charge may not increase more than $0.50 per line for charges under
paragraph (e)(6)(i) of this section or $1.00 per line for charges
assessed under paragraph (e)(6)(ii) of this section.
(vii) A Price Cap Carrier with study areas that are subject to rate-
of-return regulation shall recover its eligible recovery for such study
areas through the recovery procedures specified in this section. For
that purpose, the provisions of paragraph (e)(3) of this section shall
apply to the rate-of-return study areas if the applicable conditions in
paragraph (e)(3) of this section are met.
(f) Rate-of-Return Carrier eligibility for CAF ICC Recovery. (1) A
Rate-of-Return Carrier shall elect in its July 1, 2012 access tariff
filing whether it will receive CAF ICC Support under this paragraph. A
Rate-of-Return Carrier eligible to receive CAF ICC Support subsequently
may elect at any time not to receive such funding. Once it makes the
election not to receive CAF ICC Support, it may not elect to receive
such funding at a later date.
(2) Beginning July 1, 2012, a Rate-of-Return Carrier may recover any
eligible recovery allowed by paragraph (d) of this section that it could
not have recovered through charges assessed pursuant to paragraph (e) of
this section from CAF ICC Support pursuant to Sec.54.304. For this
purpose, the Rate-of-Return Carrier must impute the maximum charges it
could have assessed under paragraph (e) of this section.
(3) A Rate-of-Return Carrier that elects to receive CAF ICC support
must certify with its annual access tariff filing that it has complied
with paragraphs (d) and (e), and, after doing so,
[[Page 89]]
is eligible to receive the CAF ICC support requested pursuant to
paragraph (f) of this section.
(4) Except as provided in paragraph (f)(5) of this section, a Rate-
of-Return Carrier must impute an amount equal to the Access Recovery
Charge for each Consumer Broadband-Only Loop line that receives support
pursuant to Sec.54.901 of this chapter, with the imputation applied
before CAF-ICC recovery is determined. The per line per month imputation
amount shall be equal to the Access Recovery Charge amount prescribed by
paragraph (e) of this section, consistent with the residential or
single-line business or multi-line business status of the retail
customer.
(5) Notwithstanding paragraph (f)(4) of this section, commencing
July 1, 2018 and ending June 30, 2023, the maximum total dollar amount a
carrier must impute on supported consumer broadband-only loops is
limited as follows:
(i) For the affected tariff year, the carrier shall compare the
amounts in paragraphs (f)(5)(i)(A) and (B) of this section.
(A) The sum of the revenues from projected Access Recovery Charges
assessed pursuant to paragraph (e) of this section, any amounts imputed
pursuant to paragraph (f)(2) of this section, and any imputation
pursuant to paragraph (f)(4) of this section.
(B) The sum of the revenues from Access Recovery Charges assessed
pursuant to paragraph (e) of this section and any amounts imputed
pursuant to paragraph (f)(2) of this section for tariff year 2015-16,
after being trued-up.
(ii) If the amount determined in paragraph (f)(5)(i)(A) of this
section is greater than the amount determined in paragraph (f)(5)(i)(B),
the sum of the revenues from projected Access Recovery Charges assessed
pursuant to paragraph (e) of this section and any amounts imputed
pursuant to paragraph (f)(2) of this section for the affected year must
be compared to the amount determined in paragraph (f)(5)(ii)(B) of this
section.
(A) If the former amount is greater than the latter amount, no
imputation is made on Consumer Broadband-Only Loops.
(B) If the former amount is equal to or less than the latter amount,
the imputation on Consumer Broadband-Only Loops is limited to the
difference between the two amounts.
[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 14302, Mar. 9, 2012; 78
FR 26268, May 6, 2013; 79 FR 28847, May 20, 2014; 80 FR 15909, Mar. 26,
2015; 81 FR 24337, Apr. 25, 2016; 83 FR 14189, Apr. 3, 2018; 84 FR
57651, Oct. 28, 2019]
Sec.51.919 Reporting and monitoring.
(a) A Price Cap Carrier that elects to participate in the recovery
mechanism outlined in Sec.51.915 shall, beginning in 2012, file with
the Commission the data consistent with Section XIII (f)(3) of FCC 11-
161 with its annual access tariff filing.
(b) A Rate-of-Return Carrier that elects to participate in the
recovery mechanism outlined in Sec.51.917 shall file with the
Commission the data consistent with Section XIII (f)(3) of FCC 11-161
with its annual interstate access tariff filing, or on the date such a
filing would have been required if it had been required to file in that
year.
Effective Date Note: At 76 FR 73856, Nov. 29, 2011, Sec.51.919 was
added. This section contains information collection and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.
PART 52_NUMBERING--Table of Contents
Subpart A_Scope and Authority
Sec.
52.1 Basis and purpose.
52.3 General.
52.5 Definitions.
Subpart B_Administration
52.7 Definitions.
52.9 General requirements.
52.11 North American Numbering Council.
52.12 North American Numbering Plan Administrator and B&C Agent.
52.13 North American Numbering Plan Administrator.
52.15 Central office code administration.
52.16 Billing and Collection Agent.
52.17 Costs of number administration.
52.19 Area code relief.
Subpart C_Number Portability
52.20 Thousands-block number pooling.
52.21 Definitions.
[[Page 90]]
52.23 Deployment of long-term database methods for number portability by
LECs.
52.25 Database architecture and administration.
52.26 NANC Recommendations on Local Number Portability Administration.
52.31 Deployment of long-term database methods for number portability by
CMRS providers.
52.32 Allocation of the shared costs of long-term number portability.
52.33 Recovery of carrier-specific costs directly related to providing
long-term number portability.
52.34 Obligations regarding local number porting to and from
interconnected VoIP or Internet-based TRS providers.
52.35 Porting Intervals.
52.36 Standard data fields for simple port order processing.
52.37-52.99 [Reserved]
Subpart D_Toll Free Numbers
52.101 General definitions.
52.103 Lag times.
52.105 Warehousing.
52.107 Hoarding.
52.109 Permanent cap on number reservations.
52.111 Toll free number assignment.
Subpart E_Universal Dialing Code for National Suicide Prevention and
Mental Health Crisis Hotline System
52.200 Designation of 988 for a National Suicide Prevention and Mental
Health Crisis Hotline.
Appendix to Part 52--Deployment Schedule for Long-Term Database Methods
for Local Number Portability
Authority: 47 U.S.C. 151, 152, 153, 154, 155, 201-205, 207-209, 218,
225-227, 251-252, 271, 303, 332, unless otherwise noted.
Source: 61 FR 38637, July 25, 1996, unless otherwise noted.
Subpart A_Scope and Authority
Source: 61 FR 47353, Sept. 6, 1996, unless otherwise noted.
Sec.52.1 Basis and purpose.
(a) Basis. These rules are issued pursuant to the Communications Act
of 1934, as amended, 47 U.S.C. 151 et. seq.
(b) Purpose. The purpose of these rules is to establish, for the
United States, requirements and conditions for the administration and
use of telecommunications numbers for provision of telecommunications
services.
Sec.52.3 General.
The Commission shall have exclusive authority over those portions of
the North American Numbering Plan (NANP) that pertain to the United
States. The Commission may delegate to the States or other entities any
portion of such jurisdiction.
Sec.52.5 Definitions.
(a) Incumbent local exchange carrier. With respect to an area, an
``incumbent local exchange carrier'' is a local exchange carrier that:
(1) On February 8, 1996, provided telephone exchange service in such
area; and
(2)(i) On February 8, 1996, was deemed to be a member of the
exchange carrier Association pursuant to Sec.69.601(b) of this chapter
(47 CFR 69.601(b)); or
(ii) Is a person or entity that, on or after February 8, 1996,
became a successor or assign of a member described in paragraph
(a)(2)(i) of this section.
(b) Interconnected Voice over Internet Protocol (VoIP) service
provider. The term ``interconnected VoIP service provider'' is an entity
that provides interconnected VoIP service, as that term is defined in 47
U.S.C. Section 153(25).
(c) North American Numbering Council (NANC). The ``North American
Numbering Council'' is an advisory committee created under the Federal
Advisory Committee Act, 5 U.S.C., App (1988), to advise the Commission
and to make recommendations, reached through consensus, that foster
efficient and impartial number administration.
(d) North American Numbering Plan (NANP). The ``North American
Numbering Plan'' is the basic numbering scheme for the
telecommunications networks located in American Samoa, Anguilla,
Antigua, Bahamas, Barbados, Bermuda, British Virgin Islands, Canada,
Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica,
Montserrat, Sint Maarten, St. Kitts & Nevis, St. Lucia, St. Vincent,
Turks & Caicos Islands, Trinidad & Tobago, and the United States
(including Puerto Rico, the U.S. Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands).
[[Page 91]]
(e) Service provider. The term ``service provider'' refers to a
telecommunications carrier or other entity that receives numbering
resources from the NANPA, a Pooling Administrator or a
telecommunications carrier for the purpose of providing or establishing
telecommunications service. For the purposes of this part, the term
``service provider'' includes an interconnected VoIP service provider.
(f) State. The term ``state'' includes the District of Columbia and
the Territories and possessions.
(g) State commission. The term ``state commission'' means the
commission, board, or official (by whatever name designated) which under
the laws of any state has regulatory jurisdiction with respect to
intrastate operations of carriers.
(h) Telecommunications. ``Telecommunications'' means the
transmission, between or among points specified by the user, of
information of the user's choosing, without change in the form or
content of the information as sent and received.
(i) Telecommunications carrier or carrier. A ``telecommunications
carrier'' or ``carrier'' is any provider of telecommunications services,
except that such term does not include aggregators of telecommunications
services (as defined in 47 U.S.C. 226(a)(2)). For the purposes of this
part, the term ``telecommunications carrier'' or ``carrier'' includes an
interconnected VoIP service provider.
(j) Telecommunications service. The term ``telecommunications
service'' refers to the offering of telecommunications for a fee
directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used. For
purposes of this part, the term ``telecommunications service'' includes
interconnected VoIP service as that term is defined in 47 U.S.C.
153(25).
[80 FR 66477, Oct. 29, 2015, as amended at 80 FR 1131, Jan. 11, 2016]
Subpart B_Administration
Source: 61 FR 47353, Sept. 6, 1996, unless otherwise noted.
Sec.52.7 Definitions.
As used in this subpart:
(a) Area code or numbering plan area (NPA). The term ``area code or
numbering plan area'' refers to the first three digits (NXX) of a ten-
digit telephone number in the form NXX-NXX-XXXX, where N represents any
one of the numbers 2 through 9 and X represents any one of the numbers 0
through 9.
(b) Area code relief. The term ``area code relief'' refers to the
process by which central office codes are made available when there are
few or no unassigned central office codes remaining in an existing area
code and a new area code is introduced. Area code relief includes
planning for area code ``jeopardy,'' which is a situation where central
office codes may become exhausted before an area code relief plan can be
implemented.
(c) Central office (CO) code. The term ``central office code''
refers to the second three digits (NXX) of a ten-digit telephone number
in the form NXX-NXX-XXXX, where N represents any one of the numbers 2
through 9 and X represents any one of the numbers 0 through 9.
(d) Central office (CO) code administrator. The term ``central
office code administrator'' refers to the entity or entities responsible
for managing central office codes in each area code.
(e) North American Numbering Plan Administrator (NANPA). The term
``North American Numbering Plan Administrator'' refers to the entity or
entities responsible for managing the NANP.
(f) Billing and Collection Agent. The term ``Billing & Collection
Agent'' (``B&C Agent'') refers to the entity responsible for the
collection of funds to support numbering administration for
telecommunications services from the United States telecommunications
industry and NANP member countries.
(g) Pooling Administrator (PA). The term ``Pooling Administrator''
refers to the entity or entities responsible for administering a
thousands-block number pool.
(h) Contamination. Contamination occurs when at least one telephone
number within a block of telephone numbers is not available for
assignment to
[[Page 92]]
end users or customers. For purposes of this provision, a telephone
number is ``not available for assignment'' if it is classified as
administrative, aging, assigned, intermediate, or reserved as defined in
Sec.52.15(f)(1).
(i) Donation. The term ``donation'' refers to the process by which
carriers are required to contribute telephone numbers to a thousands-
block number pool.
(j) Inventory. The term ``inventory'' refers to all telephone
numbers distributed, assigned or allocated:
(1) To a service provider; or
(2) To a pooling administrator for the purpose of establishing or
maintaining a thousands-block number pool.
[61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55180, Oct. 23, 1997;
65 FR 37707, June 16, 2000]
Sec.52.9 General requirements.
(a) To ensure that telecommunications numbers are made available on
an equitable basis, the administration of telecommunications numbers
shall, in addition to the specific requirements set forth in this
subpart:
(1) Facilitate entry into the telecommunications marketplace by
making telecommunications numbering resources available on an efficient,
timely basis to telecommunications carriers;
(2) Not unduly favor or disfavor any particular telecommunications
industry segment or group of telecommunications consumers; and
(3) Not unduly favor one telecommunications technology over another.
(b) If the Commission delegates any telecommunications numbering
administration functions to any State or other entity pursuant to 47
U.S.C. 251(e)(1), such State or entity shall perform these functions in
a manner consistent with this part.
Sec.52.11 North American Numbering Council.
The duties of the North American Numbering Council (NANC), may
include, but are not limited to:
(a) Advising the Commission on policy matters relating to the
administration of the NANP in the United States;
(b) Making recommendations, reached through consensus, that foster
efficient and impartial number administration;
(c) Initially resolving disputes, through consensus, that foster
efficient and impartial number administration in the United States by
adopting and utilizing dispute resolution procedures that provide
disputants, regulators, and the public notice of the matters at issue, a
reasonable opportunity to make oral and written presentations, a
reasoned recommended solution, and a written report summarizing the
recommendation and the reasons therefore;
(d) [Reserved]
(e) Recommending to the Commission an appropriate mechanism for
recovering the costs of NANP administration in the United States,
consistent with Sec.52.17;
(f) Carrying out the duties described in Sec.52.25; and
(g) Carrying out this part as directed by the Commission;
(h) Monitoring the performance of the NANPA and the B&C Agent on at
least an annual basis; and
(i) Implementing, at the direction of the Commission, any action
necessary to correct identified problems with the performance of the
NANPA and the B&C Agent, as deemed necessary.
[61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55180, Oct. 23, 1997;
71 FR 65750, Nov. 9, 2006]
Sec.52.12 North American Numbering Plan Administrator and B&C Agent.
The North American Numbering Plan Administrator (``NANPA'') and the
associated ``B&C Agent'' will conduct their respective operations in
accordance with this section. The NANPA and the B&C Agent will conduct
their respective operations with oversight from the Federal
Communications Commission (the ``Commission'') and with recommendations
from the North American Numbering Council (``NANC'').
(a)(1) Neutrality. The NANPA and the B&C Agent shall be non-
governmental entities that are impartial and not
[[Page 93]]
aligned with any particular telecommunication industry segment.
Accordingly, while conducting their respective operations under this
section, the NANPA and B&C Agent shall ensure that they comply with the
following neutrality criteria:
(i) The NANPA and B&C Agent may not be an affiliate of any
telecommunications service provider(s) as defined in the
Telecommunications Act of 1996, or an affiliate of any interconnected
VoIP provider as that term is defined in Sec.52.21(h). ``Affiliate''
is a person who controls, is controlled by, or is under the direct or
indirect common control with another person. A person shall be deemed to
control another if such person possesses, directly or indirectly--
(A) An equity interest by stock, partnership (general or limited)
interest, joint venture participation, or member interest in the other
person ten (10%) percent or more of the total outstanding equity
interests in the other person, or
(B) The power to vote ten (10%) percent or more of the securities
(by stock, partnership (general or limited) interest, joint venture
participation, or member interest) having ordinary voting power for the
election of directors, general partner, or management of such other
person, or
(C) The power to direct or cause the direction of the management and
policies of such other person, whether through the ownership of or right
to vote voting rights attributable to the stock, partnership (general or
limited) interest, joint venture participation, or member interest) of
such other person, by contract (including but not limited to stockholder
agreement, partnership (general or limited) agreement, joint venture
agreement, or operating agreement), or otherwise;
(ii) The NANPA and B&C Agent, and any affiliate thereof, may not
issue a majority of its debt to, nor may it derive a majority of its
revenues from, any telecommunications service provider. ``Majority''
shall mean greater than 50 percent, and ``debt'' shall mean stocks,
bonds, securities, notes, loans or any other instrument of indebtedness;
and
(iii) Notwithstanding the neutrality criteria set forth in
paragraphs (a)(1) (i) and (ii) of this section, the NANPA and B&C Agent
may be determined to be or not to be subject to undue influence by
parties with a vested interest in the outcome of numbering
administration and activities. NANC may conduct an evaluation to
determine whether the NANPA and B&C Agent meet the undue influence
criterion.
(2) Any subcontractor that performs--
(i) NANP administration and central office code administration, or
(ii) Billing and Collection functions, for the NANPA or for the B&C
Agent must also meet the neutrality criteria described in paragraph
(a)(1).
(b) Term of administration. The NANPA shall provide numbering
administration, including central office code administration, for the
United States portion of the North American Numbering Plan (``NANP'')
for an initial period of five (5) years. At any time prior to the
termination of the initial or subsequent term of administration, such
term may be renewed for up to five (5) years with the approval of the
Commission and the agreement of the NANPA. The B&C Agent shall provide
billing and collection functions for an initial period of five (5)
years. At any time prior to the termination of the initial or subsequent
term of administration, such term may be renewed for up to five (5)
years with the approval of the Commission and the agreement of the B&C
Agent.
(c) Changes to regulations, rules, guidelines or directives. In the
event that regulatory authorities or industry groups (including, for
example, the Industry Numbering Committee--INC, or its successor) issue
rules, requirements, guidelines or policy directives which may affect
the functions performed by the NANPA and the B&C Agent, the NANPA and
the B&C Agent shall, within 10 business days from the date of official
notice of such rules, requirements, guidelines or policy directives,
assess the impact on its operations and advise the Commission of any
changes required. NANPA and the B&C Agent shall provide written
explanation why such changes are required. To the extent the Commission
deems such changes are necessary, the Commission will recommend to the
NANP member
[[Page 94]]
countries appropriate cost recovery adjustments, if necessary.
(d) Performance review process. NANPA and the B&C Agent shall
develop and implement an internal, documented performance monitoring
mechanism and shall provide such performance review on request of the
Commission on at least an annual basis. The annual assessment process
will not preclude telecommunications industry participants from
identifying performance problems to the NANPA, the B&C Agent and the
NANC as they occur, and from seeking expeditious resolution. If
performance problems are identified by a telecommunications industry
participant, the NANC, B&C Agent or NANPA shall investigate and report
within 10 business days of notice to the participant of corrective
action, if any, taken or to be taken. The NANPA, B&C Agent or NANC (as
appropriate) shall be permitted reasonable time to take corrective
action, including the necessity of obtaining the required consent of the
Commission.
(e) Termination. If the Commission determines at any time that the
NANPA or the B&C Agent fails to comply with the neutrality criteria set
forth in paragraph (a) of this section or substantially or materially
defaults in the performance of its obligations, the Commission shall
advise immediately the NANPA or the B&C Agent of said failure or
default, request immediate corrective action, and permit the NANPA or
B&C Agent reasonable time to correct such failure or default. If the
NANPA or B&C Agent is unwilling or unable to take corrective action, the
Commission may, in a manner consistent with the requirements of the
Administrative Procedure Act and the Communications Act of 1934, as
amended, take any action that it deems appropriate, including
termination of the NANPA's or B&C Agent's term of administration.
(f) Required and optional enterprise services. Enterprise Services,
which are services beyond those described in Sec.52.13 that may be
provided by the new NANPA for specified fees, may be offered with prior
approval of the Commission.
(1) Required Enterprise Services. At the request of a code holder,
the NANPA shall, in accordance with industry standards and for
reasonable fees, enter certain routing and rating information, into the
industry-approved database(s) for dissemination of such information.
This task shall include reviewing the information and assisting in its
preparation.
(2) Optional Enterprise Services. The NANPA may, subject to prior
approval and for reasonable fees, offer ``Optional Enterprise Services''
which are any services not described elsewhere in this section.
(3) Annual report. NANPA shall identify and record all direct costs
associated with providing Enterprise Services separately from the costs
associated with the non-enterprise NANPA functions. The NANPA shall
submit an annual report to the NANC summarizing the revenues and costs
for providing each Enterprise Service. NANPA shall be audited by an
independent auditor after the first year of operations and every two
years thereafter, and submit the report to the Commission for
appropriate review and action.
[63 FR 55180, Oct. 23, 1997, as amended at 73 FR 9481, Feb. 21, 2008]
Sec.52.13 North American Numbering Plan Administrator.
(a) The North American Numbering Plan Administrator (NANPA) shall be
an independent and impartial non-government entity.
(b) The NANPA shall administer the numbering resources identified in
paragraph (d) of this section. It shall assign and administer NANP
resources in an efficient, effective, fair, unbiased, and non-
discriminatory manner consistent with industry-developed guidelines and
Commission regulations. It shall support the Commission's efforts to
accommodate current and future numbering needs. It shall perform
additional functions, including but not limited to:
(1) Ensuring the efficient and effective administration and
assignment of numbering resources by performing day-to-day number
resource assignment and administrative activities;
[[Page 95]]
(2) Planning for the long-term need for NANP resources to ensure the
continued viability of the NANP by implementing a plan for number
resource administration that uses effective forecasting and management
skills in order to make the industry aware of the availability of
numbering resources and to meet the current and future needs of the
industry;
(3) Complying with guidelines of the North American Industry
Numbering Committee (INC) or its successor, related industry
documentation, Commission regulations and orders, and the guidelines of
other appropriate policy-making authorities;
(4) Providing management supervision for all of the services it
provides, including responsibility for achieving performance measures
established by the NANC and the INC in industry guidelines;
(5) Participating in the NANC annual performance review as described
in Sec. Sec.52.11 and 52.12;
(6) Establishing and maintaining relationships with current
governmental and regulatory bodies, and their successors, including the
United States Federal Communications Commission, Industry Canada, the
Canadian Radio-television and Telecommunications Commission, and other
United States, Canadian, and Caribbean numbering authorities and
regulatory agencies, and addressing policy directives from these bodies;
(7) Cooperating with and actively participating in numbering
standards bodies and industry fora, such as INC and, upon request, the
Canadian Steering Committee on Numbering (CSCN);
(8) Representing the NANP to national and international numbering
bodies;
(9) Developing and maintaining communications channels with other
countries who also participate in the NANP to ensure that numbering
needs of all countries served by the NANP are met;
(10) Attending United States Study Group A meetings and maintaining
a working knowledge of Study Group 2 International Telecommunications
Union activities on behalf of the United States telecommunications
industry;
(11) Reviewing requests for all numbering resources to implement new
applications and services and making assignments in accordance with
industry-developed resource planning and assignment guidelines;
(12) Referring requests for particular numbering resources to the
appropriate industry body where guidelines do not exist for those
resources;
(13) Participating in industry activities to determine whether, when
new telecommunications services requiring numbers are proposed, NANP
numbers are appropriate and what level of resource is required (e.g.,
line numbers, central office codes, NPA codes);
(14) Maintaining necessary administrative staff to handle the legal,
financial, technical, staffing, industry, and regulatory issues relevant
to the management of all numbering resources, as well as maintaining the
necessary equipment, facilities, and proper billing arrangements
associated with day-to-day management of all numbering resources;
(15) Managing the NANP in accordance with published guidelines
adopted in conjunction with the industry and the appropriate NANP member
countries' governing agencies, and referring issues to the appropriate
industry body for resolution when they have not been addressed by the
industry;
(16) Responding to requests from the industry and from regulators
for information about the NANP and its administration, as the primary
repository for numbering information in the industry;
(17) Providing upon request information regarding how to obtain
current documents related to NANP administration;
(18) Providing assistance to users of numbering resources and
suggesting numbering administration options, when possible, that will
optimize number resource utilization;
(19) Coordinating its numbering resource activities with the
Canadian Number Administrator and other NANP member countries'
administrators to ensure efficient and effective management of NANP
numbering resources; and
[[Page 96]]
(20) Determining the final allocation methodology for sharing costs
between NANP countries.
(c) In performing the functions outlined in paragraph (b) of this
section, the NANPA shall:
(1) Ensure that the interests of all NANP member countries are
considered;
(2) Assess fairly requests for assignments of NANP numbering
resources and ensure the assignment of numbering resources to
appropriate service providers;
(3) Develop, operate and maintain the computer hardware, software
(database) and mechanized systems required to perform the NANPA and
central office (CO) Code Administration functions;
(4) Manage projects such as Numbering Plan Area (NPA) relief (area
code relief) planning, Numbering Resource Utilization and Forecast
(NRUF) data collection, and NPA and NANP exhaust projection;
(5) Facilitate NPA relief planning meetings;
(6) Participate in appropriate industry activities;
(7) Manage proprietary data and competitively sensitive information
and maintain the confidentiality thereof;
(8) Act as an information resource for the industry concerning all
aspects of numbering (i.e., knowledge and experience in numbering
resource issues, International Telecommunications Union (ITU)
Recommendation E.164, the North American Numbering Plan (NANP), NANP
Administration, INC, NANP area country regulatory issues affecting
numbering, number resource assignment guidelines, central office code
administration, relief planning, international numbering issues, etc.);
and
(9) Ensure that any action taken with respect to number
administration is consistent with this part.
(d) The NANPA and, to the extent applicable, the B&C Agent, shall
administer numbering resources in an efficient and non-discriminatory
manner, in accordance with Commission rules and regulations and the
guidelines developed by the INC and other industry groups pertaining to
administration and assignment of numbering resources, including, but not
limited to:
(1) Numbering Plan Area (NPA) codes,
(2) Central Office codes for the 809 area,
(3) International Inbound NPA 456 NXX codes,
(4) (NPA) 500 NXX codes,
(5) (NPA) 900 NXX codes,
(6) N11 Service codes,
(7) 855-XXXX line numbers,
(8) 555-XXXX line numbers,
(9) Carrier Identification Codes,
(10) Vertical Service Codes,
(11) ANI Information Integer (II) Digit Pairs,
(12) Non Dialable Toll Points, and
(13) New numbering resources as may be defined.
(e) Relationships with other NANP member countries' administrators
and authorities. The NANPA shall address policy directives from other
NANP member countries' governmental and regulatory authorities and
coordinate its activities with other NANP member countries'
administrators, if any, to ensure efficient and effective management of
NANP resources.
(f) Transition plan. The NANPA shall implement a transition plan,
subject to Commission approval, leading to its assumption of NANPA
functions within 90 days of the effective date of a Commission order
announcing the selection of the NANPA.
(g) Transfer of intellectual property. The new NANPA must make
available any and all intellectual property and associated hardware
resulting from its activities as numbering administrator including, but
not limited to, systems and the data contained therein, software,
interface specifications and supporting documentation and make such
property available to whomever NANC directs free of charge. The new
NANPA must specify any intellectual property it proposes to exclude from
the provisions of this paragraph based on the existence of such property
prior to its selection as NANPA.
[61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55181, Oct. 23, 1997;
71 FR 65750, Nov. 9, 2006]
[[Page 97]]
Sec.52.15 Central office code administration.
(a) Central Office Code Administration shall be performed by the
NANPA, or another entity or entities, as designated by the Commission.
(b) Duties of the entity or entities performing central office code
administration may include, but are not limited to:
(1) Processing central office code assignment applications and
assigning such codes in a manner that is consistent with this part;
(2) Accessing and maintaining central office code assignment
databases;
(3) Conducting the Numbering Resource Utilization and Forecast
(NRUF) data collection;
(4) Monitoring the use of central office codes within each area code
and forecasting the date by which all central office codes within that
area code will be assigned; and
(5) Planning for and initiating area code relief, consistent with
Sec.52.19.
(c) [Reserved]
(d) Central Office (CO) Code Administration functional requirements.
The NANPA shall manage the United States CO code numbering resource,
including CO code request processing, NPA code relief and jeopardy
planning, and industry notification functions. The NANPA shall perform
its CO Code administration functions in accordance with the published
industry numbering resource administration guidelines and Commission
orders and regulations of 47 CFR chapter I.
(e) [Reserved]
(f) Mandatory reporting requirements--(1) Number use categories.
Numbering resources must be classified in one of the following
categories:
(i) Administrative numbers are numbers used by telecommunications
carriers to perform internal administrative or operational functions
necessary to maintain reasonable quality of service standards.
(ii) Aging numbers are disconnected numbers that are not available
for assignment to another end user or customer for a specified period of
time. Numbers previously assigned to residential customers may be aged
for no less than 45 days and no more than 90 days. Numbers previously
assigned to business customers may be aged for no less than 45 days and
no more than 365 days.
(iii) Assigned numbers are numbers working in the Public Switched
Telephone Network under an agreement such as a contract or tariff at the
request of specific end users or customers for their use, or numbers not
yet working but having a customer service order pending. Numbers that
are not yet working and have a service order pending for more than five
days shall not be classified as assigned numbers.
(iv) Available numbers are numbers that are available for assignment
to subscriber access lines, or their equivalents, within a switching
entity or point of interconnection and are not classified as assigned,
intermediate, administrative, aging, or reserved.
(v) Intermediate numbers are numbers that are made available for use
by another telecommunications carrier or non-carrier entity for the
purpose of providing telecommunications service to an end user or
customer. Numbers ported for the purpose of transferring an established
customer's service to another service provider shall not be classified
as intermediate numbers.
(vi) Reserved numbers are numbers that are held by service providers
at the request of specific end users or customers for their future use.
Numbers held for specific end users or customers for more than 180 days
shall not be classified as reserved numbers.
(2) Reporting carrier. The term ``reporting carrier'' refers to a
telecommunications carrier that receives numbering resources from the
NANPA, a Pooling Administrator or another telecommunications carrier.
(3) Data collection procedures. (i) Reporting carriers shall report
utilization and forecast data to the NANPA.
(ii) Reporting shall be by separate legal entity and must include
company name, company headquarters address, Operating Company Number
(OCN), parent company OCN, and the primary type of business in which the
reporting carrier is engaged. The term ``parent company'' refers to the
highest related legal entity located within the state for which the
reporting carrier is reporting data.
[[Page 98]]
(iii) All data shall be filed electronically in a format approved by
the Common Carrier Bureau.
(4) Forecast data reporting. (i) Reporting carriers shall submit to
the NANPA a five-year forecast of their yearly numbering resource
requirements.
(ii) In areas where thousands-block number pooling has been
implemented:
(A) Reporting carriers that are required to participate in
thousands-block number pooling shall report forecast data at the
thousands-block (NXX-X) level per rate center;
(B) Reporting carriers that are not required to participate in
thousands-block number pooling shall report forecast data at the central
office code (NXX) level per rate center.
(iii) In areas where thousands-block number pooling has not been
implemented, reporting carriers shall report forecast data at the
central office code (NXX) level per NPA.
(iv) Reporting carriers shall identify and report separately initial
numbering resources and growth numbering resources.
(5) Utilization data reporting. (i) Reporting carriers shall submit
to the NANPA a utilization report of their current inventory of
numbering resources. The report shall classify numbering resources in
the following number use categories: assigned, intermediate, reserved,
aging, and administrative.
(ii) Rural telephone companies, as defined in the Communications Act
of 1934, as amended, 47 U.S.C. 153(37), that provide telecommunications
service in areas where local number portability has not been implemented
shall report utilization data at the central office code (NXX) level per
rate center in those areas.
(iii) All other reporting carriers shall report utilization data at
the thousands-block (NXX-X) level per rate center.
(6) Reporting frequency. (i) Reporting carriers shall file forecast
and utilization reports semi-annually on or before February 1 for the
preceding reporting period ending on December 31, and on or before
August 1 for the preceding reporting period ending on June 30. Mandatory
reporting shall commence August 1, 2000.
(ii) State commissions may reduce the reporting frequency for NPAs
in their states to annual. Reporting carriers operating in such NPAs
shall file forecast and utilization reports annually on or before August
1 for the preceding reporting period ending on June 30, commencing
August 1, 2000.
(iii) A state commission seeking to reduce the reporting frequency
pursuant to paragraph (f) (6)(ii) of this section shall notify the
Wireline Competition Bureau and the NANPA in writing prior to reducing
the reporting frequency.
(7) Access to data and confidentiality--States shall have access to
data reported to the NANPA provided that they have appropriate
protections in place to prevent public disclosure of disaggregated,
carrier-specific data.
(8) Reports of Permanently Disconnected Numbers--Reporting carriers
must report information regarding NANP numbers in accordance with Sec.
64.1200(l) of this title.
(g) Applications for numbering resources--
(1) General requirements. An applicant for numbering resources must
include in its application the applicant's company name, company
headquarters address, OCN, parent company's OCN(s), and the primary type
of business in which the numbering resources will be used.
(2) Initial numbering resources. An applicant for initial numbering
resources must include in its application evidence that the applicant is
authorized to provide service in the area for which the numbering
resources are requested; and that the applicant is or will be capable of
providing service within sixty (60) days of the numbering resources
activation date. A provider of VoIP Positioning Center (VPC) services
that is unable to demonstrate authorization to provide service in a
state may instead demonstrate that the state does not certify VPC
service providers in order to request pseudo-Automatic Numbering
Identification (p-ANI) codes directly from the Numbering Administrators
for purposes of providing 911 and E-911 service.
[[Page 99]]
(3) Commission authorization process. A provider of interconnected
VoIP service may show a Commission authorization obtained pursuant to
this paragraph as evidence that it is authorized to provide service
under paragraph (g)(2) of this section.
(i) Contents of the application for interconnected VoIP provider
numbering authorization. An application for authorization must reference
this section and must contain the following:
(A) The applicant's name, address, and telephone number, and contact
information for personnel qualified to address issues relating to
regulatory requirements, compliance with Commission's rules, 911, and
law enforcement;
(B) An acknowledgment that the authorization granted under this
paragraph is subject to compliance with applicable Commission numbering
rules; numbering authority delegated to the states; and industry
guidelines and practices regarding numbering as applicable to
telecommunications carriers;
(C) An acknowledgement that the applicant must file requests for
numbers with the relevant state commission(s) at least 30 days before
requesting numbers from the Numbering Administrators;
(D) Proof that the applicant is or will be capable of providing
service within sixty (60) days of the numbering resources activation
date in accordance with paragraph (g)(2) of this section;
(E) Certification that the applicant complies with its Universal
Service Fund contribution obligations under 47 CFR part 54, subpart H,
its Telecommunications Relay Service contribution obligations under 47
CFR 64.604(c)(5)(iii), its NANP and LNP administration contribution
obligations under 47 CFR 52.17 and 52.32, its obligations to pay
regulatory fees under 47 CFR 1.1154, and its 911 obligations under 47
CFR part 9; and
(F) Certification that the applicant possesses the financial,
managerial, and technical expertise to provide reliable service. This
certification must include the name of applicant's key management and
technical personnel, such as the Chief Operating Officer and the Chief
Technology Officer, or equivalent, and state that none of the identified
personnel are being or have been investigated by the Federal
Communications Commission or any law enforcement or regulatory agency
for failure to comply with any law, rule, or order; and
(G) Certification pursuant to Sections 1.2001 and 1.2002 of this
chapter that no party to the application is subject to a denial of
Federal benefits pursuant to section 5301 of the Anti-Drug Abuse Act of
1988. See 21 U.S.C. 862.
(ii) An applicant for Commission authorization under this section
must file its application electronically through the ``Submit a Non-
Docketed Filing'' module of the Commission's Electronic Comment Filing
System (ECFS). Once the Commission reviews the application and assigns a
docket number, the applicant must make all subsequent filings relating
to its application in this docket. Parties may file comments addressing
an application for authorization no later than 15 days after the
Commission releases a public notice stating that the application has
been accepted for filing, unless the public notice specifies a different
filing date.
(iii) An application under this section is deemed granted by the
Commission on the 31st day after the Commission releases a public notice
stating that the application has been accepted for filing, unless the
Wireline Competition Bureau (Bureau) notifies the applicant that the
grant will not be automatically effective. The Bureau may halt this
auto-grant process if;
(A) An applicant fails to respond promptly to Commission inquiries,
(B) An application is associated with a non-routine request for
waiver of the Commission's rules,
(C) Timely-filed comments on the application raise public interest
concerns that require further Commission review, or
(D) The Bureau determines that the application requires further
analysis to determine whether granting the application serves the public
interest. The Commission reserves the right to request additional
information after its initial review of an application.
(iv) Conditions applicable to all interconnected VoIP provider
numbering authorizations. An interconnected VoIP
[[Page 100]]
provider authorized to request numbering resources directly from the
Numbering Administrators under this section must adhere to the following
requirements:
(A) Maintain the accuracy of all contact information and
certifications in its application. If any contact information or
certification is no longer accurate, the provider must file a correction
with the Commission and each applicable state within thirty (30) days of
the change of contact information or certification. The Commission may
use the updated information or certification to determine whether a
change in authorization status is warranted;
(B) Comply with the applicable Commission numbering rules; numbering
authority delegated to the states; and industry guidelines and practices
regarding numbering as applicable to telecommunications carriers;
(C) File requests for numbers with the relevant state commission(s)
at least thirty (30) days before requesting numbers from the Numbering
Administrators;
(D) Provide accurate regulatory and numbering contact information to
each state commission when requesting numbers in that state.
(4) Growth numbering resources. (i) Applications for growth
numbering resources shall include:
(A) A Months-to-Exhaust Worksheet that provides utilization by rate
center for the preceding six months and projected monthly utilization
for the next twelve (12) months; and
(B) The applicant's current numbering resource utilization level for
the rate center in which it is seeking growth numbering resources.
(ii) The numbering resource utilization level shall be calculated by
dividing all assigned numbers by the total numbering resources in the
applicant's inventory and multiplying the result by 100. Numbering
resources activated in the Local Exchange Routing Guide (LERG) within
the preceding 90 days of reporting utilization levels may be excluded
from the utilization calculation.
(iii) All service providers shall maintain no more than a six-month
inventory of telephone numbers in each rate center or service area in
which it provides telecommunications service.
(iv) The NANPA shall withhold numbering resources from any U.S.
carrier that fails to comply with the reporting and numbering resource
application requirements established in this part. The NANPA shall not
issue numbering resources to a carrier without an OCN. The NANPA must
notify the carrier in writing of its decision to withhold numbering
resources within ten (10) days of receiving a request for numbering
resources. The carrier may challenge the NANPA's decision to the
appropriate state regulatory commission. The state commission may affirm
or overturn the NANPA's decision to withhold numbering resources from
the carrier based on its determination of compliance with the reporting
and numbering resource application requirements herein.
(5) Non-compliance. The NANPA shall withhold numbering resources
from any U.S. carrier that fails to comply with the reporting and
numbering resource application requirements established in this part.
The NANPA shall not issue numbering resources to a carrier without an
Operating Company Number (OCN). The NANPA must notify the carrier in
writing of its decision to withhold numbering resources within ten (10)
days of receiving a request for numbering resources. The carrier may
challenge the NANPA's decision to the appropriate state regulatory
commission. The state commission may affirm, or may overturn, the
NANPA's decision to withhold numbering resources from the carrier based
on its determination that the carrier has complied with the reporting
and numbering resource application requirements herein. The state
commission also may overturn the NANPA's decision to withhold numbering
resources from the carrier based on its determination that the carrier
has demonstrated a verifiable need for numbering resources and has
exhausted all other available remedies.
(6) State access to applications. State regulatory commissions shall
have access to service provider's applications for numbering resources.
The state commissions should request copies of such applications from
the service providers operating within their states, and service
providers must comply
[[Page 101]]
with state commission requests for copies of numbering resource
applications. Carriers that fail to comply with a state commission
request for numbering resource application materials shall be denied
numbering resources.
(h) National utilization threshold. All applicants for growth
numbering resources shall achieve a 60% utilization threshold,
calculated in accordance with paragraph (g)(3)(ii) of this section, for
the rate center in which they are requesting growth numbering resources.
This 60% utilization threshold shall increase by 5% on June 30, 2002,
and annually thereafter until the utilization threshold reaches 75%.
(i) Reclamation of numbering resources. (1) Reclamation refers to
the process by which service providers are required to return numbering
resources to the NANPA or the Pooling Administrator.
(2) State commissions may investigate and determine whether service
providers have activated their numbering resources and may request proof
from all service providers that numbering resources have been activated
and assignment of telephone numbers has commenced.
(3) Service providers may be required to reduce contamination levels
to facilitate reclamation and/or pooling.
(4) State commissions shall provide service providers an opportunity
to explain the circumstances causing the delay in activating and
commencing assignment of their numbering resources prior to initiating
reclamation.
(5) The NANPA and the Pooling Administrator shall abide by the state
commission's determination to reclaim numbering resources if the state
commission is satisfied that the service provider has not activated and
commenced assignment to end users of their numbering resources within
six months of receipt.
(6) The NANPA and Pooling Administrator shall initiate reclamation
within sixty days of expiration of the service provider's applicable
activation deadline.
(7) If a state commission declines to exercise the authority
delegated to it in this paragraph, the entity or entities designated by
the Commission to serve as the NANPA shall exercise this authority with
respect to NXX codes and the Pooling Administrator shall exercise this
authority with respect to thousands-blocks. The NANPA and the Pooling
Administrator shall consult with the Wireline Competition Bureau prior
to exercising the authority delegated to it in this provision.
(j) Sequential number assignment. (1) All service providers shall
assign all available telephone numbers within an opened thousands-block
before assigning telephone numbers from an uncontaminated thousands-
block, unless the available numbers in the opened thousands-block are
not sufficient to meet a specific customer request. This requirement
shall apply to a service provider's existing numbering resources as well
as any new numbering resources it obtains in the future.
(2) A service provider that opens an uncontaminated thousands-block
prior to assigning all available telephone numbers within an opened
thousands-block should be prepared to demonstrate to the state
commission:
(i) A genuine request from a customer detailing the specific need
for telephone numbers; and
(ii) The service provider's inability to meet the specific customer
request for telephone numbers from the available numbers within the
service provider's opened thousands-blocks.
(3) Upon a finding by a state commission that a service provider
inappropriately assigned telephone numbers from an uncontaminated
thousands-block, the NANPA or the Pooling Administrator shall suspend
assignment or allocation of any additional numbering resources to that
service provider in the applicable NPA until the service provider
demonstrates that it does not have sufficient numbering resources to
meet a specific customer request.
(k) Numbering audits. (1) All telecommunications service providers
shall be subject to ``for cause'' and random audits to verify carrier
compliance with Commission regulations and applicable industry
guidelines relating to numbering administration.
(2) The Enforcement Bureau will oversee the conduct and scope of all
numbering audits conducted under the Commission's jurisdiction, and
determine the audit procedures necessary to
[[Page 102]]
perform the audit. Numbering audits performed by independent auditors
pursuant to this section shall be conducted in accordance with generally
accepted auditing standards and the American Institute of Certified
Public Accountants' standards for compliance attestation engagements, as
supplemented by the guidance and direction of the Chief of the
Enforcement Bureau.
(3) Requests for ``for cause'' audits shall be forwarded to the
Chief of the Enforcement Bureau, with a copy to the Chief of the Common
Carrier Bureau. Requests must state the reason for which a ``for cause''
audit is being requested and include documentation of the alleged
anomaly, inconsistency, or violation of the Commission rules or orders
or applicable industry guidelines. The Chief of the Enforcement Bureau
will provide carriers up to 30 days to provide a written response to a
request for a ``for cause'' audit.
[61 FR 47353, Sept. 6, 1996, as amended at 62 FR 55182, Oct. 23, 1997;
65 FR 37707, June 16, 2000; 66 FR 9531, Feb. 8, 2001; 67 FR 6434, Feb.
12, 2002; 67 FR 13226, Mar. 21, 2002; 68 FR 25843, May 14, 2003; 71 FR
65750, Nov. 9, 2006; 80 FR 66479, Oct. 29, 2015; 84 FR 11232, Mar. 26,
2019]
Sec.52.16 Billing and Collection Agent.
The B&C Agent shall:
(a) Calculate, assess, bill and collect payments for all numbering
administration functions and distribute funds to the NANPA, or other
agent designated by the Common Carrier Bureau that performs functions
related to numbering administration, on a monthly basis;
(b) Distribute to carriers the ``Telecommunications Reporting
Worksheet,'' described in Sec.52.17(b).
(c) Keep confidential all data obtained from carriers and not
disclose such data in company-specific form unless authorized by the
Commission. Subject to any restrictions imposed by the Chief of the
Wireline Competition Bureau, the B & C Agent may share data obtained
from carriers with the administrators of the universal service support
mechanism (See 47 CFR 54.701 of this chapter), the TRS Fund (See 47 CFR
64.604(c)(4)(iii)(H) of this chapter), and the local number portability
cost recovery (See 47 CFR 52.32). The B & C Agent shall keep
confidential all data obtained from other administrators. The B & C
Agent shall use such data, from carriers or administrators, only for
calculating, collecting and verifying payments. The Commission shall
have access to all data reported to the Administrator. Contributors may
make requests for Commission nondisclosure of company-specific revenue
information under Sec.0.459 of this chapter by so indicating on the
Telecommunications Reporting Worksheet at the time that the subject data
are submitted. The Commission shall make all decisions regarding
nondisclosure of company-specific information.
(d) Develop procedures to monitor industry compliance with reporting
requirements and propose specific procedures to address reporting
failures and late payments;
(e) File annual reports with the appropriate regulatory authorities
of the NANP member countries as requested; and
(f) Obtain an audit from an independent auditor after the first year
of operations and annually thereafter, which shall evaluate the validity
of calculated payments. The B&C Agent shall submit the audit report to
the Commission for appropriate review and action.
[62 FR 55183, Oct. 23, 1997, as amended at 64 FR 41330, July 30, 1999;
66 FR 9532, Feb. 8, 2001; 67 FR 13226, Mar. 21, 2002; 73 FR 9481, Feb.
21, 2008; 80 FR 66479, Oct. 29, 2015]
Sec.52.17 Costs of number administration.
All telecommunications carriers in the United States shall
contribute on a competitively neutral basis to meet the costs of
establishing numbering administration.
(a) Contributions to support numbering administration shall be the
product of the contributors' end-user telecommunications revenues for
the prior calendar year and a contribution factor determined annually by
the Chief of the Common Carrier Bureau; such contributions to be no less
than twenty-five dollars ($25). The contribution factor shall be based
on the ratio of expected number administration expenses to end-user
telecommunications revenues. Carriers that have no end-
[[Page 103]]
user telecommunications revenues shall contribute twenty-five dollars
($25). In the event that contributions exceed or are inadequate to cover
administrative costs, the contribution factor for the following year
shall be adjusted by an appropriate amount.
(b) All telecommunications carriers in the United States shall
complete and submit a ``Telecommunications Reporting Worksheet'' (as
published by the Commission in the Federal Register), which sets forth
the information needed to calculate contributions referred to in
paragraph (a) of this section. The worksheet shall be certified to by an
officer of the contributor, and subject to verification by the
Commission or the B & C Agent at the discretion of the Commission. The
Chief of the Common Carrier Bureau may waive, reduce, modify, or
eliminate contributor reporting requirements that prove unnecessary and
require additional reporting requirements that the Bureau deems
necessary to the sound and efficient administration of the number
administration cost recovery.
[64 FR 41331, July 30, 1999, as amended at 73 FR 9481, Feb. 21, 2008; 80
FR 66479, Oct. 29, 2015]
Sec.52.19 Area code relief.
(a) State commissions may resolve matters involving the introduction
of new area codes within their states. Such matters may include, but are
not limited to: Directing whether area code relief will take the form of
a geographic split, an overlay area code, or a boundary realignment;
establishing new area code boundaries; establishing necessary dates for
the implementation of area code relief plans; and directing public
education efforts regarding area code changes.
(b) State commissions may perform any or all functions related to
initiation and development of area code relief plans, so long as they
act consistently with the guidelines enumerated in this part, and
subject to paragraph (b)(2) of this section. For the purposes of this
paragraph, initiation and development of area code relief planning
encompasses all functions related to the implementation of new area
codes that were performed by central office code administrators prior to
February 8, 1996. Such functions may include: declaring that the area
code relief planning process should begin; convening and conducting
meetings to which the telecommunications industry and the public are
invited on area code relief for a particular area code; and developing
the details of a proposed area code relief plan or plans.
(1) The entity or entities designated by the Commission to serve as
central office code administrator(s) shall initiate and develop area
code relief plans for each area code in each state that has not notified
such entity or entities, pursuant to paragraph (b)(2) of this section,
that the state will handle such functions.
(2) Pursuant to paragraph (b)(1) of this section, a state commission
must notify the entity or entities designated by the Commission to serve
as central office code administrator(s) for its state that such state
commission intends to perform matters related to initiation and
development of area code relief planning efforts in its state.
Notification shall be written and shall include a description of the
specific functions the state commission intends to perform. Where the
NANP Administrator serves as the central office code administrator, such
notification must be made within 120 days of the selection of the NANP
Administrator.
(c) New area codes may be introduced through the use of:
(1) A geographic area code split, which occurs when the geographic
area served by an area code in which there are few or no central office
codes left for assignment is split into two or more geographic parts;
(2) An area code boundary realignment, which occurs when the
boundary lines between two adjacent area codes are shifted to allow the
transfer of some central office codes from an area code for which
central office codes remain unassigned to an area code for which few or
no central office codes are left for assignment; or
(3) An all services area code overlay, which occurs when a new area
code is introduced to serve the same geographic area as one or more
existing area code(s), subject to the following conditions:
[[Page 104]]
(i) No all services area code overlay may be implemented unless all
numbering resources in the new overlay area code are assigned to those
entities requesting assignment on a first-come, first-serve basis,
regardless of the identity of, technology used by, or type of service
provided by that entity, except to the extent that a technology- or
service-specific overlay is authorized by the Commission. No group of
telecommunications carriers shall be excluded from assignment of
numbering resources in the existing area code, or be assigned such
resources only from the all services overlay area code, based solely on
that group's provision of a specific type of telecommunications service
or use of a particular technology; and
(ii) No area code overlay may be implemented unless there exists, at
the time of implementation, mandatory ten-digit dialing for every
telephone call within and between all area codes in the geographic area
covered by the overlay area code.
(4) A technology-specific or service-specific overlay, which occurs
when a new area code is introduced to serve the same geographic area as
one or more existing area code(s) and numbering resources in the new
area code overlay are assigned to a specific technology(ies) or
service(s). State commissions may not implement a technology-specific or
service-specific overlay without express authority from the Commission.
[61 FR 47353, Sept. 6, 1996, as amended at 64 FR 63617, Nov. 16, 1998;
64 FR 62984, Nov. 18, 1999; 67 FR 6434, Feb. 12, 2002]
Subpart C_Number Portability
Source: 61 FR 38637, July 25, 1996, unless otherwise noted.
Redesignated at 61 FR 47353, Sept. 6, 1996.
Sec.52.20 Thousands-block number pooling.
(a) Definition. Thousands-block number pooling is a process by which
the 10,000 numbers in a central office code (NXX) are separated into ten
sequential blocks of 1,000 numbers each (thousands-blocks), and
allocated separately within a rate center.
(b) General requirements. Pursuant to the Commission's adoption of
thousands-block number pooling as a mandatory nationwide numbering
resource optimization strategy, all carriers, except those exempted by
the Commission, must participate in thousands-block number pooling where
it is implemented and in accordance with the national thousands-block
number pooling framework and implementation schedule established by the
Commission.
(c) Donation of thousands-blocks. (1) All service providers required
to participate in thousands-block number pooling shall donate thousands-
blocks with ten percent or less contamination to the thousands-block
number pool for the rate center within which the numbering resources are
assigned.
(2) All service providers required to participate in thousands-block
number pooling shall be allowed to retain at least one thousands-block
per rate center, even if the thousands-block is ten percent or less
contaminated, as an initial block or footprint block.
(d) Thousands-Block Pooling Administrator. (1) The Pooling
Administrator shall be a non-governmental entity that is impartial and
not aligned with any particular telecommunication industry segment, and
shall comply with the same neutrality requirements that the NANPA is
subject to under this part.
(2) The Pooling Administrator shall maintain no more than a six-
month inventory of telephone numbers in each thousands-block number
pool.
[65 FR 37709, June 16, 2000, as amended at 66 FR 9532, Feb. 8, 2001; 68
FR 43009, July 21, 2003]
Sec.52.21 Definitions.
As used in this subpart:
(a) The term 100 largest MSAs includes the 100 largest MSAs as
identified in the 1990 U.S. Census reports, as set forth in the Appendix
to this part, as well as those areas identified as one of the largest
100 MSAs on subsequent updates to the U.S. Census reports.
(b) The term broadband PCS has the same meaning as that term is
defined in Sec.24.5 of this chapter.
[[Page 105]]
(c) The term cellular service has the same meaning as that term is
defined in Sec.22.99 of this chapter.
(d) The term covered CMRS means broadband PCS, cellular, and 800/900
MHz SMR licensees that hold geographic area licenses or are incumbent
SMR wide area licensees, and offer real-time, two-way switched voice
service, are interconnected with the public switched network, and
utilize an in-network switching facility that enables such CMRS systems
to reuse frequencies and accomplish seamless hand-offs of subscriber
calls.
(e) The term database method means a number portability method that
utilizes one or more external databases for providing called party
routing information.
(f) The term downstream database means a database owned and operated
by an individual carrier for the purpose of providing number portability
in conjunction with other functions and services.
(g) The term incumbent wide area SMR licensee has the same meaning
as that term is defined in Sec.20.3 of this chapter.
(h) The term IP Relay provider means an entity that provides IP
Relay as defined by 47 CFR 64.601.
(i) The term local exchange carrier means any person that is engaged
in the provision of telephone exchange service or exchange access. For
purposes of this subpart, such term does not include a person insofar as
such person is engaged in the provision of a commercial mobile service
under 47 U.S.C. 332(c).
(j) The term local number portability administrator (LNPA) means an
independent, non-governmental entity, not aligned with any particular
telecommunications industry segment, whose duties are determined by the
NANC.
(k) The term location portability means the ability of users of
telecommunications services to retain existing telecommunications
numbers without impairment of quality, reliability, or convenience when
moving from one physical location to another.
(l) The term long-term database method means a database method that
complies with the performance criteria set forth in Sec.52.3(a).
(m) The term number portability means the ability of users of
telecommunications services to retain, at the same location, existing
telecommunications numbers without impairment of quality, reliability,
or convenience when switching from one telecommunications carrier to
another.
(n) The term regional database means an SMS database or an SMS/SCP
pair that contains information necessary for carriers to provide number
portability in a region as determined by the NANC.
(o) The term Registered Internet-based TRS User has the meaning set
forth in 47 CFR 64.601.
(p) The term service control point (SCP) means a database in the
public switched network which contains information and call processing
instructions needed to process and complete a telephone call. The
network switches access an SCP to obtain such information. Typically,
the information contained in an SCP is obtained from the SMS.
(q) The term service management system (SMS) means a database or
computer system not part of the public switched network that, among
other things:
(1) Interconnects to an SCP and sends to that SCP the information
and call processing instructions needed for a network switch to process
and complete a telephone call; and
(2) Provides telecommunications carriers with the capability of
entering and storing data regarding the processing and completing of a
telephone call.
(r) The term service portability means the ability of users of
telecommunications services to retain existing telecommunications
numbers without impairment of quality, reliability, or convenience when
switching from one telecommunications service to another, without
switching from one telecommunications carrier to another.
(s) The term service provider portability means the ability of users
of telecommunications services to retain, at the same location, existing
telecommunications numbers without impairment of quality, reliability,
or convenience when switching from one telecommunications carrier to
another.
[[Page 106]]
(t) The term transitional number portability measure means a method
that allows one local exchange carrier to transfer telephone numbers
from its network to the network of another telecommunications carrier,
but does not comply with the performance criteria set forth in 52.3(a).
Transitional number portability measures are technically feasible
methods of providing number portability including Remote Call Forwarding
(RCF), Direct Inward Dialing (DID), Route Indexing--Portability Hub (RI-
PH), Directory Number Route Indexing (DNRI) and other comparable
methods.
(u) The term VRS provider means an entity that provides VRS as
defined by 47 CFR 64.601.
(v) The term 2009 LNP Porting Intervals Order refers to In the
Matters of Local Number Portability Porting Interval and Validation
Requirements; Telephone Number Portability, WC Docket No. 07-244, CC
Docket No. 95-116, Report and Order and Further Notice of Proposed
Rulemaking, FCC 09-41 (2009).
[61 FR 38637, July 25, 1996. Redesignated at 61 FR 47353, Sept. 6, 1996,
as amended at 61 FR 47355, Sept. 6, 1996; 63 FR 68203, Dec. 10, 1998; 67
FR 6435, Feb. 12, 2002; 68 FR 43009, July 21, 2003; 73 FR 9481, Feb. 21,
2008; 73 FR 41293, July 18, 2008; 74 FR 31638, July 2, 2009; 80 FR
66479, Oct. 29, 2015]
Sec.52.23 Deployment of long-term database methods for number
portability by LECs.
(a) Subject to paragraphs (b) and (c) of this section, all local
exchange carriers (LECs) must provide number portability in compliance
with the following performance criteria:
(1) Supports network services, features, and capabilities existing
at the time number portability is implemented, including but not limited
to emergency services, CLASS features, operator and directory assistance
services, and intercept capabilities;
(2) Efficiently uses numbering resources;
(3) Does not require end users to change their telecommunications
numbers;
(4) Does not result in unreasonable degradation in service quality
or network reliability when implemented;
(5) Does not result in any degradation in service quality or network
reliability when customers switch carriers;
(6) Does not result in a carrier having a proprietary interest;
(7) Is able to migrate to location and service portability; and
(8) Has no significant adverse impact outside the areas where number
portability is deployed.
(b)(1) All LECs must provide a long-term database method for number
portability in the 100 largest Metropolitan Statistical Areas (MSAs), as
defined in Sec.52.21(k), in switches for which another carrier has
made a specific request for the provision of number portability, subject
to paragraph (b)(2) of this section.
(2) Any procedure to identify and request switches for deployment of
number portability must comply with the following criteria:
(i) Any wireline carrier that is certified (or has applied for
certification) to provide local exchange service in a state, or any
licensed CMRS provider, must be permitted to make a request for
deployment of number portability in that state;
(ii) Carriers must submit requests for deployment at least nine
months before the deployment deadline for the MSA;
(iii) A LEC must make available upon request to any interested
parties a list of its switches for which number portability has been
requested and a list of its switches for which number portability has
not been requested; and
(iv) After the deadline for deployment of number portability in an
MSA in the 100 largest MSAs, according to the deployment schedule set
forth in the appendix to this part, a LEC must deploy number portability
in that MSA in additional switches upon request within the following
time frames:
(A) For remote switches supported by a host switch equipped for
portability (``Equipped Remote Switches''), within 30 days;
(B) For switches that require software but not hardware changes to
provide portability (``Hardware Capable Switches''), within 60 days;
(C) For switches that require hardware changes to provide
portability
[[Page 107]]
(``Capable Switches Requiring Hardware''), within 180 days; and
(D) For switches not capable of portability that must be replaced
(``Non-Capable Switches''), within 180 days.
(c) Beginning January 1, 1999, all LECs must make a long-term
database method for number portability available within six months after
a specific request by another telecommunications carrier in areas in
which that telecommunications carrier is operating or plans to operate.
(d) The Chief, Common Carrier Bureau, may waive or stay any of the
dates in the implementation schedule, as the Chief determines is
necessary to ensure the efficient development of number portability, for
a period not to exceed 9 months (i.e., no later than September 30,
1999).
(e) In the event a LEC is unable to meet the Commission's deadlines
for implementing a long-term database method for number portability, it
may file with the Commission at least 60 days in advance of the deadline
a petition to extend the time by which implementation in its network
will be completed. A LEC seeking such relief must demonstrate through
substantial, credible evidence the basis for its contention that it is
unable to comply with the deployment schedule set forth in the appendix
to this part 52. Such requests must set forth:
(1) The facts that demonstrate why the carrier is unable to meet the
Commission's deployment schedule;
(2) A detailed explanation of the activities that the carrier has
undertaken to meet the implementation schedule prior to requesting an
extension of time;
(3) An identification of the particular switches for which the
extension is requested;
(4) The time within which the carrier will complete deployment in
the affected switches; and
(5) A proposed schedule with milestones for meeting the deployment
date.
(f) The Chief, Wireline Competition Bureau, shall monitor the
progress of local exchange carriers implementing number portability, and
may direct such carriers to take any actions necessary to ensure
compliance with the deployment schedule set forth in the appendix to
this part 52.
(g) Carriers that are members of the Illinois Local Number
Portability Workshop must conduct a field test of any technically
feasible long-term database method for number portability in the
Chicago, Illinois, area. The carriers participating in the test must
jointly file with the Common Carrier Bureau a report of their findings
within 30 days following completion of the test. The Chief, Common
Carrier Bureau, shall monitor developments during the field test, and
may adjust the field test completion deadline as necessary.
(h)(1) Porting from a wireline carrier to a wireless carrier is
required where the requesting wireless carrier's ``coverage area,'' as
defined in paragraph (h)(2) of this section, overlaps the geographic
location in which the customer's wireline number is provisioned,
provided that the porting-in carrier maintains the number's original
rate center designation following the port.
(2) The wireless ``coverage area'' is defined as the area in which
wireless service can be received from the wireless carrier.
[61 FR 38637, July 25, 1996, as amended at 62 FR 18294, Apr. 15, 1997;
67 FR 13226, Mar. 21, 2002; 68 FR 43009, July 21, 2003; 73 FR 9481, Feb.
21, 2008]
Sec.52.25 Database architecture and administration.
(a) The North American Numbering Council (NANC) shall direct
establishment of a nationwide system of regional SMS databases for the
provision of long-term database methods for number portability.
(b) All telecommunications carriers shall have equal and open access
to the regional databases.
(c) The NANC shall select a local number portability
administrator(s) (LNPA(s)) to administer the regional databases within
seven months of the initial meeting of the NANC.
(d) The NANC shall determine whether one or multiple
administrator(s) should be selected, whether the LNPA(s) can be the same
entity selected to be the North American Numbering Plan Administrator,
how the
[[Page 108]]
LNPA(s) should be selected, the specific duties of the LNPA(s), the
geographic coverage of the regional databases, the technical
interoperability and operational standards, the user interface between
telecommunications carriers and the LNPA(s), the network interface
between the SMS and the downstream databases, and the technical
specifications for the regional databases.
(e) Once the NANC has selected the LNPA(s) and determined the
locations of the regional databases, it must report its decisions to the
Commission.
(f) The information contained in the regional databases shall be
limited to the information necessary to route telephone calls to the
appropriate telecommunications carriers. The NANC shall determine what
specific information is necessary.
(g) Any state may opt out of its designated regional database and
implement a state-specific database. A state must notify the Wireline
Competition Bureau and NANC that it plans to implement a state-specific
database within 60 days from the release date of the Public Notice
issued by the Chief, Wireline Competition Bureau, identifying the
administrator selected by the NANC and the proposed locations of the
regional databases. Carriers may challenge a state's decision to opt out
of the regional database system by filing a petition with the
Commission.
(h) Individual state databases must meet the national requirements
and operational standards recommended by the NANC and adopted by the
Commission. In addition, such state databases must be technically
compatible with the regional system of databases and must not interfere
with the scheduled implementation of the regional databases.
(i) Individual carriers may download information necessary to
provide number portability from the regional databases into their own
downstream databases. Individual carriers may mix information needed to
provide other services or functions with the information downloaded from
the regional databases at their own downstream databases. Carriers may
not withhold any information necessary to provide number portability
from the regional databases on the grounds that such data has been
combined with other information in its downstream database.
[61 FR 38637, July 25, 1996. Redesignated at 61 FR 47353, Sept. 6, 1996,
as amended at 67 FR 13226, Mar. 21, 2002]
Sec.52.26 NANC Recommendations on Local Number Portability
Administration.
(a) Local number portability administration shall comply with the
recommendations of the North American Numbering Council (NANC) as set
forth in the report to the Commission prepared by the NANC's Local
Number Portability Administration Selection Working Group, dated April
25, 1997 (Working Group Report) and its appendices, which are
incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51.
Except that: Sections 7.8 and 7.10 of Appendix D and the following
portions of Appendix E: Section 7, Issue Statement I of Appendix A, and
Appendix B in the Working Group Report are not incorporated herein.
(b) In addition to the requirements set forth in the Working Group
Report, the following requirements are established:
(1) Each designated N-1 carrier (as described in the Working Group
Report) is responsible for ensuring number portability queries are
performed on a N-1 basis where ``N'' is the entity terminating the call
to the end user, or a network provider contracted by the entity to
provide tandem access, unless another carrier has already performed the
query;
(2) If a telecommunictions carrier transmits a telephone call to a
local exchange carrier's switch that contains any ported numbers, and
the telecommunications carrier has failed to perform a database query to
determine if the telephone number has been ported to another local
exchange carrier, the local exchange carrier may block the unqueried
call only if performing the database query is likely to impair network
reliability;
(3) The regional limited liability companies (LLCs), already
established by telecommunications carriers in each of the original Bell
Operating Company regions, shall manage and oversee the local number
portability
[[Page 109]]
administrators, subject to review by the NANC, but only on an interim
basis, until the conclusion of a rulemaking to examine the issue of
local number portability administrator oversight and management and the
question of whether the LLCs should continue to act in this capacity;
and
(4) The NANC shall provide ongoing oversight of number portability
administration, including oversight of the regional LLCs, subject to
Commission review. Parties shall attempt to resolve issues regarding
number portability deployment among themselves and, if necessary, under
the auspices of the NANC. If any party objects to the NANC's proposed
resolution, the NANC shall issue a written report summarizing the
positions of the parties and the basis for the recommendation adopted by
the NANC. The NANC Chair shall submit its proposed resolution of the
dispuited issue to the Chief of the Wireline Competition Bureau as a
recommendation for Commission review. The Chief of the Wireline
Competition Bureau will place the NANC's proposed resolution on public
notice. Recommendations adopted by the NANC and forwarded to the Bureau
may be implemented by the parties pending review of the recommendation.
Within 90 days of the conclusion of the comment cycle, the Chief of the
Wireline Competition Bureau may issue an order adopting, modifying, or
rejecting the recommendation. If the Chief does not act within 90 days
of the conclusion of the comment cycle, the recommendation will be
deemed to have been adopted by the Bureau.
(c) The Director of the Federal Register approves this incorporation
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the Working Group Report and its appendices can be inspected
during normal business hours at the Federal Communications Commission's
Reference Information Center, located at the address of the FCC's main
office indicated in 47 CFR 0.401(a), or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call (202) 741-6030, or go to: https://
www.archives.gov/federal-register/cfr/ibr-locations.html. The Working
Group Report and its appendices are also available on the internet at
https://docs.fcc.gov/public/attachments/DOC-341177A1.pdf.
[62 FR 48786, Sept. 17, 1997, as amended at 65 FR 58466, Sept. 29, 2000;
67 FR 13226, Mar. 21, 2002; 69 FR 18803, Apr. 9, 2004; 74 FR 31638, July
2, 2009; 75 FR 35315, June 22, 2010; 83 FR 42052, Aug. 20, 2018; 85 FR
64407, Oct. 13, 2020]
Sec.52.31 Deployment of long-term database methods for number
portability by CMRS providers.
(a) By November 24, 2003, all covered CMRS providers must provide a
long-term database method for number portability, including the ability
to support roaming, in the 100 largest MSAs, as defined in Sec.
52.21(k), in compliance with the performance criteria set forth in
section 52.23(a) of this part, in switches for which another carrier has
made a specific request for the provision of number portability, subject
to paragraph (a)(1) of this section. A licensee may have more than one
CMRS system, but only the systems that satisfy the definition of covered
CMRS are required to provide number portability.
(1) Any procedure to identify and request switches for development
of number portability must comply with the following criteria:
(i) Any wireline carrier that is certified (or has applied for
certification) to provide local exchange service in a state, or any
licensed CMRS provider, must be permitted to make a request for
deployment of number portability in that state;
(ii) Carries requesting deployment in the 100 largest MSAs by
November 24, 2003 must submit requests by February 24, 2003.
(iii) A covered CMRS provider must make available upon request to
any interested parties a list of its switches for which number
portability has been requested and a list of its switches for which
number portability has not been requested;
(iv) After November 24, 2003, a covered CMRS provider must deploy
number portability in additional switches serving the 100 largest MSAs
upon request within the following time frames:
(A) For remote switches supported by a host switch equipped for
portability
[[Page 110]]
(``Equipped Remote Switches''), within 30 days;
(B) For switches that require software but not hardware changes to
provide portability (``Hardware Capable Switches''), within 60 days;
(C) For switches that require hardware changes to provide
portability (``Capable Switches Requiring Hardware''), within 180 days;
and
(D) For switches not capable of portability that must be replaced
(``Non-Capable Switches''), within 180 days.
(v) Carriers must be able to request deployment in any wireless
switch that serves any area within the MSA, even if the wireless switch
is outside that MSA, or outside any of the MSAs identified in the
Appendix to this part.
(2) By November 24, 2002, all covered CMRS providers must be able to
support roaming nationwide.
(b) By December 31, 1998, all covered CMRS providers must have the
capability to obtain routing information, either by querying the
appropriate database themselves or by making arrangements with other
carriers that are capable of performing database queries, so that they
can deliver calls from their networks to any party that has retained its
number after switching from one telecommunications carrier to another.
(c) [Reserved]
(d) In the event a carrier subject to paragraphs (a) and (b) of this
section is unable to meet the Commission's deadlines for implementing a
long-term number portability method, it may file with the Commission at
least 60 days in advance of the deadline a petition to extend the time
by which implementation in its network will be completed. A carrier
seeking such relief must demonstrate through substantial, credible
evidence the basis for its contention that it is unable to comply with
paragraphs (a) and (b) of this section. Such requests must set forth:
(1) The facts that demonstrate why the carrier is unable to meet our
deployment schedule;
(2) A detailed explanation of the activities that the carrier has
undertaken to meet the implementation schedule prior to requesting an
extension of time;
(3) An identification of the particular switches for which the
extension is requested;
(4) The time within which the carrier will complete deployment in
the affected switches; and
(5) A proposed schedule with milestones for meeting the deployment
date.
(e) The Chief, Wireless Telecommunications Bureau, may establish
reporting requirements in order to monitor the progress of covered CMRS
providers implementing number portability, and may direct such carriers
to take any actions necessary to ensure compliance with this deployment
schedule.
[61 FR 38637, July 25, 1996, as amended at 62 FR 18295, Apr. 15, 1997;
63 FR 68204, Dec. 10, 1998; 64 FR 22563, Apr. 27, 1999; 68 FR 43009,
July 21, 2003; 71 FR 65750, Nov. 9, 2006]
Sec.52.32 Allocation of the shared costs of long-term number
portability.
(a) The local number portability administrator, as defined in Sec.
52.21(h), of each regional database, as defined in Sec.52.21(1), shall
recover the shared costs of long-term number portability attributable to
that regional database from all telecommunications carriers providing
telecommunications service in areas that regional database serves.
Pursuant to its duties under Sec.52.26, the local number portability
administrator shall collect sufficient revenues to fund the operation of
the regional database by:
(1) Assessing a $100 yearly contribution on each telecommunications
carrier identified in paragraph (a) introductory text that has no
intrastate, interstate, or international end-user telecommunications
revenue derived from providing telecommunications service in the areas
that regional database serves, and
(2) Assessing on each of the other telecommunications carriers
providing telecommunications service in areas that regional database
serves, a charge that recovers the remaining shared costs of long-term
number portability attributable to that regional database in proportion
to the ratio of:
(i) The sum of the intrastate, interstate, and international end-
user telecommunications revenues that such
[[Page 111]]
telecommunications carrier derives from providing telecommunications
service in the areas that regional database serves, ii) to the sum of
the intrastate, interstate, and international end-user
telecommunications revenues that all telecommunications carriers derive
from providing telecommunications service in the areas that regional
database serves.
(b) All telecommunications carriers providing service in the United
States shall complete and submit a ``Telecommunications Reporting
Worksheet'' (as published by the Commission in the Federal Register),
which sets forth the information needed to calculate contributions
referred to in paragraph (a) of this section. The worksheet shall be
certified to by an officer of the contributor, and subject to
verification by the Commission or the administrator at the discretion of
the Commission. The Chief of the Wireline Competition Bureau may waive,
reduce, modify, or eliminate contributor reporting requirements that
prove unnecessary and require additional reporting requirements that the
Bureau deems necessary to the sound and efficient administration of
long-term number portability.
(c) Local number portability administrators shall keep all data
obtained from contributors confidential and shall not disclose such data
in company-specific form unless directed to do so by the Commission.
Subject to any restrictions imposed by the Chief of the Wireline
Competition Bureau, the local number portability administrators may
share data obtained from carriers with the administrators of the
universal service support mechanism (See 47 CFR 54.701 of this chapter),
the TRS Fund (See 47 CFR 64.604(c)(4)(iii)(H) of this chapter), and the
North American Numbering Plan cost recovery (See 47 CFR 52.16). The
local number portability administrators shall keep confidential all data
obtained from other administrators. The administrators shall use such
data, from carriers or administrators, only for purposes of
administering local number portability. The Commission shall have access
to all data reported to the Administrator. Contributors may make
requests for Commission nondisclosure of company-specific revenue
information under Sec.0.459 of this chapter by so indicating on the
Telecommunications Reporting Worksheet at the time that the subject data
are submitted. The Commission shall make all decisions regarding
nondisclosure of company-specific information.
(d) Once a telecommunications carrier has been allocated, pursuant
to paragraph (a)(1) or (a)(2) of this section, its portion of the shared
costs of long-term number portability attributable to a regional
database, the carrier shall treat that portion as a carrier-specific
cost directly related to providing number portability.
[63 FR 35160, June 29, 1998, as amended at 64 FR 41331, July 30, 1999;
67 FR 13226, Mar. 21, 2002; 73 FR 9481, Feb. 21, 2008; 80 FR 66479, Oct.
29, 2015]
Sec.52.33 Recovery of carrier-specific costs directly related to
providing long-term number portability.
(a) Incumbent local exchange carriers may recover their carrier-
specific costs directly related to providing long-term number
portability by establishing in tariffs filed with the Federal
Communications Commission a monthly number-portability charge, as
specified in paragraph (a)(1) of this section, a number portability
query-service charge, as specified in paragraph (a)(2) of this section,
and a monthly number-portability query/administration charge, as
specified in paragraph (a)(3) of this section.
(1) The monthly number-portability charge may take effect no earlier
than February 1, 1999, on a date the incumbent local exchange carrier
selects, and may end no later than 5 five years after the incumbent
local exchange carrier's monthly number-portability charge takes effect.
(i) An incumbent local exchange carrier may assess each end user it
serves in the 100 largest metropolitan statistical areas, and each end
user it serves from a number-portability-capable switch outside the 100
largest metropolitan statistical areas, one monthly number-portability
charge per line except that:
(A) One PBX trunk shall receive nine monthly number-portability
charges.
[[Page 112]]
(B) One PRI ISDN line shall receive five monthly number-portability
charges.
(C) Lifeline Assistance Program customers shall not receive the
monthly number-portability charge.
(ii) An incumbent local exchange carrier may assess on carriers that
purchase the incumbent local exchange carrier's switching ports as
unbundled network elements under section 251 of the Communications Act,
and/or Feature Group A access lines, and resellers of the incumbent
local exchange carrier's local service, the same charges as described in
paragraph (a)(1)(i) of this section, as if the incumbent local exchange
carrier were serving those carriers' end users.
(iii) An incumbent local exchange carrier may not assess a monthly
number-portability charge for local loops carriers purchase as unbundled
network elements under section 251.
(iv) The incumbent local exchange carrier shall levelize the monthly
number-portability charge over five years by setting a rate for the
charge at which the present value of the revenue recovered by the charge
does not exceed the present value of the cost being recovered, using a
discount rate equal to the rate of return on investment which the
Commission has prescribed for interstate access services pursuant to
Part 65 of the Commission's Rules.
(2) The number portability query-service charge may recover only
carrier-specific costs directly related to providing long-term number
portability that the incumbent local exchange carrier incurs to provide
long-term number portability query service to carriers on a prearranged
and default basis.
(3) An incumbent local exchange carrier serving an area outside the
100 largest metropolitan statistical areas that is not number-
portability capable but that participates in an extended area service
calling plan with any one of the 100 largest metropolitan statistical
areas or with an adjacent number portability-capable local exchange
carrier may assess each end user it serves one monthly number-
portability query/administration charge per line to recover the costs of
queries, as specified in paragraph (a)(2) of this section, and carrier-
specific costs directly related to the carrier's allocated share of the
regional local number portability administrator's costs, except that
per-line monthly number-portability query/administration charges shall
be assigned as specified in paragraph (a)(1) of this section with
respect to monthly number-portability charges.
(i) Such incumbent local exchange carriers may assess a separate
monthly number-portability charge as specified in paragraph (a)(1) of
this section but such charge may recover only the costs incurred to
implement number portability functionality and shall not include costs
recovered through the monthly number-portability query/administration
charge.
(ii) The monthly number-portability query/administration charge may
end no later than five years after the incumbent local exchange
carrier's monthly number-portability query/administration charge takes
effect. The monthly number-portability query/administration charge may
be collected over a different five-year period than the monthly number-
portability charge. These five-year periods may run either consecutively
or concurrently, in whole or in part.
(b) All telecommunications carriers other than incumbent local
exchange carriers may recover their number portability costs in any
manner consistent with applicable state and federal laws and
regulations.
[63 FR 35161, June 29, 1998, as amended at 67 FR 40620, June 13, 2002;
73 FR 9481, Feb. 21, 2008; 80 FR 66479, Oct. 29, 2015]
Sec.52.34 Obligations regarding local number porting to and from
interconnected VoIP or Internet-based TRS providers.
(a) An interconnected VoIP or VRS or IP Relay provider must
facilitate an end-user customer's or a Registered Internet-based TRS
User's valid number portability request, as it is defined in this
subpart, either to or from a telecommunications carrier or an
interconnected VoIP or VRS or IP Relay provider. ``Facilitate'' is
defined as the interconnected VoIP or VRS or IP Relay provider's
affirmative legal obligation to take all steps necessary to initiate or
allow a port-in or port-
[[Page 113]]
out itself or through the telecommunications carriers, if any, that it
relies on to obtain numbering resources, subject to a valid port
request, without unreasonable delay or unreasonable procedures that have
the effect of delaying or denying porting of the NANP-based telephone
number.
(b) An interconnected VoIP or VRS or IP Relay provider may not enter
into any agreement that would prohibit an end-user customer or a
Registered Internet-based TRS User from porting between interconnected
VoIP or VRS or IP Relay providers, or to or from a telecommunications
carrier.
(c) Telecommunications carriers must facilitate an end-user
customer's valid number portability request either to or from an
interconnected VoIP or VRS or IP Relay provider. ``Facilitate'' is
defined as the telecommunication carrier's affirmative legal obligation
to take all steps necessary to initiate or allow a port-in or port-out
itself, subject to a valid port request, without unreasonable delay or
unreasonable procedures that have the effect of delaying or denying
porting of the NANP-based telephone number.
[73 FR 9481, Feb. 21, 2008, as amended at 73 FR 41294, July 18, 2008; 80
FR 66479, Oct. 29, 2015]
Sec.52.35 Porting Intervals.
(a) All telecommunications carriers required by the Commission to
port telephone numbers must complete a simple wireline-to-wireline or
simple intermodal port request within one business day unless a longer
period is requested by the new provider or by the customer. The
traditional work week of Monday through Friday represents mandatory
business days and 8 a.m. to 5 p.m. represents minimum business hours,
excluding the current service provider's company-defined holidays. An
accurate and complete Local Service Request (LSR) must be received by
the current service provider between 8 a.m. and 1 p.m. local time for a
simple port request to be eligible for activation at midnight on the
same day. Any simple port LSRs received after this time will be
considered received on the following business day at 8 a.m. local time.
(b) Small providers, as described in the 2009 LNP Porting Interval
Order, must comply with this section by February 2, 2011.
(c) Unless directed otherwise by the Commission, any
telecommunications carrier granted a waiver by the Commission of the
one-business day porting interval described in paragraph (a) must
complete a simple wireline-to-wireline or simple intermodal port request
within four business days unless a longer period is requested by the new
provider or by the customer.
(d) All telecommunications carriers required by the Commission to
port telephone numbers must complete a non-simple wireline-to-wireline
or non-simple intermodal port request within four business days unless a
longer period is requested by the new provider or by the customer.
(e) For purposes of this section:
(1) The term ``local time'' means the predominant time zone of the
Number Portability Administration Center (NPAC) Region in which the
telephone number is being ported; and
(2) The term ``intermodal ports'' includes
(i) Wireline-to-wireless ports;
(ii) Wireless-to-wireline ports; and
(iii) Ports involving interconnected VoIP service.
[75 FR 35315, June 22, 2010, as amended at 80 FR 66480, Oct. 29, 2015]
Sec.52.36 Standard data fields for simple port order processing.
(a) A telecommunications carrier may require only the data described
in paragraphs (b) and (c) of this section to accomplish a simple port
order request from an end user customer's new telecommunication's
carrier.
(b) Required standard data fields.
(1) Ported telephone number;
(2) Account number;
(3) Zip code;
(4) Company code;
(5) New network service provider;
(6) Desired due date;
(7) Purchase order number;
(8) Version;
(9) Number portability direction indicator;
(10) Customer carrier name abbreviation;
(11) Requisition type and status;
[[Page 114]]
(12) Activity;
(13) Telephone number of initiator; and
(14) Agency authority status.
(c) Optional standard data field. The Passcode field shall be
optional unless the passcode has been requested and assigned by the end
user.
[75 FR 35315, June 22, 2010, as amended at 80 FR 66480, Oct. 29, 2015]
Sec. Sec.52.37-52.99 [Reserved]
Subpart D_Toll Free Numbers
Source: 62 FR 20127, Apr. 25, 1997, unless otherwise noted.
Sec.52.101 General definitions.
As used in this part:
(a) Toll Free Numbering Administrator (TFNA). The entity appointed
by the Commission under its authority pursuant to 47 U.S.C. 251(e)(1)
that provides user support for the Service Management System database
and administers the Service Management System database on a day-to-day
basis.
(b) Responsible Organization (``RespOrg''). The entity chosen by a
toll free subscriber to manage and administer the appropriate records in
the toll free Service Management System for the toll free subscriber.
(c) Service Control Points. The regional databases in the toll free
network.
(d) Service Management System Database (``SMS Database''). The
administrative database system for toll free numbers. The Service
Management System is a computer system that enables Responsible
Organizations to enter and amend the data about toll free numbers within
their control. The Service Management System shares this information
with the Service Control Points. The entire system is the SMS database.
(e) Toll Free Subscriber. The entity that has been assigned a toll
free number.
(f) Toll Free Number. A telephone number for which the toll charges
for completed calls are paid by the toll free subscriber. The toll free
subscriber's specific geographic location has no bearing on what toll
free number it can obtain from the SMS database.
[62 FR 20127, Apr. 25, 1997, as amended at 83 FR 53395, Oct. 23, 2018]
Sec.52.103 Lag times.
(a) Definitions. As used in this section, the following definitions
apply:
(1) Assigned Status. A toll free number record that has specific
subscriber routing information entered by the Responsible Organization
in the Service Management System database and is pending activation in
the Service Control Points.
(2) Disconnect Status. The toll free number has been discontinued
and an exchange carrier intercept recording is being provided.
(3) Lag Time. The interval between a toll free number's reservation
in the Service Management System database and its conversion to working
status, as well as the period of time between disconnection or
cancellation of a toll free number and the point at which that toll free
number may be reassigned to another toll free subscriber.
(4) Reserved Status. The toll free number has been reserved from the
Service Management System database by a Responsible Organization for a
toll free subscriber.
(5) Seasonal Numbers. Toll free numbers held by toll free
subscribers who do not have a year-round need for a toll free number.
(6) Spare Status. The toll free number is available for assignment
by a Responsible Organization.
(7) Suspend Status. The toll free service has been temporarily
disconnected and is scheduled to be reactivated.
(8) Unavailable Status. The toll free number is not available for
assignment due to an unusual condition.
(9) Working Status. The toll free number is loaded in the Service
Control Points and is being utilized to complete toll free service
calls.
(10) Transitional Status. Toll free numbers that have been
disconnected for less than four months, but for which no Exchange
Carrier Intercept Recording is being provided.
(b) Reserved Status. Toll free numbers may remain in reserved status
for up to 45 days. There shall be no extension
[[Page 115]]
of the reservation period after expiration of the initial 45-day
interval.
(1) Toll free numbers assigned via competitive bidding may remain in
reserved status for a period of unlimited duration.
(2) [Reserved]
(c) Assigned Status. Toll free numbers may remain in assigned status
until changed to working status or for a maximum of 6 months, whichever
occurs first. Toll free numbers that, because of special circumstances,
require that they be designated for a particular subscriber far in
advance of their actual usage shall not be placed in assigned status,
but instead shall be placed in unavailable status.
(d) Disconnect Status. Toll free numbers must remain in disconnect
status or a combination of disconnect and transitional status for no
less than 45 days and for no more than 4 months. No requests for
extension of the 4-month disconnect or disconnect and transitional
interval will be granted. All toll free numbers in disconnect or
transitional status must go directly into the spare or unavailable
category upon expiration of the 4-month disconnect or transitional
interval. A Responsible Organization may not retrieve a toll free number
from disconnect or transitional status and return that number directly
to working status at the expiration of the 4-month disconnect or
transitional interval.
(e) Suspend Status. Toll free numbers may remain in suspend status
until changed to working status or for a maximum of 8 months, whichever
occurs first. Only numbers involved in billing disputes shall be
eligible for suspend status.
(f) Unavailable Status. (1) Written requests to make a specific toll
free number unavailable must be submitted to the Toll Free Numbering
Administrator (TFNA) by the Responsible Organization managing the
records of the toll free number. The request shall include the
appropriate documentation of the reason for the request. The Toll Free
Numbering Administrator (TFNA) is the only entity that can assign this
status to or remove this status from a number. Responsible Organizations
that have a Toll Free Subscriber with special circumstances requiring
that a toll free number be designated for that particular subscriber far
in advance of its actual usage may request that the Toll Free Numbering
Administrator (TFNA) place such a number in unavailable status.
(2) Seasonal numbers shall be placed in unavailable status. The
Responsible Organization for a Toll Free Subscriber who does not have a
year round need for a toll free number shall follow the procedures
outlined in Sec.52.103(f)(1) of these rules if it wants the Toll Free
Numbering Administrator (TFNA) to place a particular toll free number in
unavailable status.
[62 FR 20127, Apr. 25, 1997, as amended at 83 FR 53396, Oct. 23, 2018;
84 FR 11232, Mar. 26, 2019]
Sec.52.105 Warehousing.
(a) As used in this section, warehousing is the practice whereby
Responsible Organizations, either directly or indirectly through an
affiliate, reserve toll free numbers from the Service Management System
database without having an actual toll free subscriber for whom those
numbers are being reserved.
(b) Responsible Organizations shall not warehouse toll free numbers.
There shall be a rebuttable presumption that a Responsible Organization
is warehousing toll free numbers if:
(1) The Responsible Organization does not have an identified toll
free subscriber agreeing to be billed for service associated with each
toll free number reserved from the Service Management System database;
or
(2) The Responsible Organization does not have an identified toll
free subscriber agreeing to be billed for service associated with a toll
free number before switching that toll free number from reserved or
assigned to working status.
(c) Responsible Organizations shall not maintain a toll free number
in reserved status if there is not a prospective toll free subscriber
requesting that toll free number.
(d) A Responsible Organization's act of reserving a number from the
Service Management System database shall serve as that Responsible
Organization's certification that there is an identified toll free
subscriber agreeing
[[Page 116]]
to be billed for service associated with the toll free number.
(e) Tariff Provision. The following provision shall be included in
the Service Management System tariff and in the local exchange carriers'
toll free database access tariffs:
[T]he Federal Communications Commission (``FCC'') has concluded that
warehousing, which the FCC defines as Responsible Organizations, either
directly or indirectly through an affiliate, reserving toll free numbers
from the SMS database without having an identified toll free subscriber
from whom those numbers are being reserved, is an unreasonable practice
under Sec.201(b) of the Communications Act and is inconsistent with
the Commission's obligation under Sec.251(e) of the Communications Act
to ensure that numbers are made available on an equitable basis; and if
a Responsible Organization does not have an identified toll free
subscriber agreeing to be billed for service associated with each toll
free number reserved from the database, or if a Responsible Organization
does not have an identified, billed toll free subscriber before
switching a number from reserved or assigned to working status, then
there is a rebuttable presumption that the Responsible Organization is
warehousing numbers. Responsible Organizations that warehouse numbers
will be subject to penalties.
(f) The provisions of this section shall not apply to toll free
numbers assigned via competitive bidding or to numbers transferred under
this exception.
[62 FR 20127, Apr. 25, 1997, as amended at 83 FR 53396, Oct. 23, 2018]
Sec.52.107 Hoarding.
(a) As used in this section, hoarding is the acquisition by a toll
free subscriber from a Responsible Organization of more toll free
numbers than the toll free subscriber intends to use for the provision
of toll free service. The definition of hoarding also includes number
brokering, which is the selling of a toll free number by a private
entity for a fee.
(1) Toll free subscribers shall not hoard toll free numbers.
(2) No person or entity shall acquire a toll free number for the
purpose of selling the toll free number to another entity or to a person
for a fee.
(3) Routing multiple toll free numbers to a single toll free
subscriber will create a rebuttable presumption that the toll free
subscriber is hoarding or brokering toll free numbers.
(b) Tariff Provision. The following provision shall be included in
the Service Management System tariff and in the local exchange carriers'
toll free database access tariffs:
[T]he Federal Communications Commission (``FCC'') has concluded that
hoarding, defined as the acquisition of more toll free numbers than one
intends to use for the provision of toll free service, as well as the
sale of a toll free number by a private entity for a fee, is contrary to
the public interest in the conservation of the scarce toll free number
resource and contrary to the FCC's responsibility to promote the orderly
use and allocation of toll free numbers.
(c) Toll Free Numbers Assigned via Competitive Bidding. The
provisions of this section shall not apply to toll free numbers assigned
via competitive bidding or to numbers transferred under the exception to
Sec.52.105 contained in paragraph (f) of that section.
[62 FR 20127, Apr. 25, 1997, as amended at 83 FR 53396, Oct. 23, 2018]
Sec.52.109 Permanent cap on number reservations.
(a) A Responsible Organization may have in reserve status, at any
one time, either 2000 toll free numbers or 7.5 percent of that
Responsible Organization's numbers in working status, whichever is
greater.
(b) A Responsible Organization shall never reserve more than 3
percent of the quantity of toll free numbers in spare status as of the
previous Sunday at 12:01 a.m. Eastern Time.
(c) The Wireline Competition Bureau shall modify the quantity of
numbers a Responsible Organization may have in reserve status or the
percentage of numbers in the spare pool that a Responsible Organization
may reserve when exigent circumstances make such action necessary. The
Wireline Competition Bureau shall establish, modify, and monitor toll
free number conservation plans when exigent circumstances necessitate
such action.
[62 FR 20127, Apr. 25, 1997, as amended at 67 FR 13226, Mar. 21, 2002;
83 FR 53396, Oct. 23, 2018]
[[Page 117]]
Sec.52.111 Toll free number assignment.
Toll free telephone numbers must be made available to Responsible
Organizations and subscribers on an equitable basis. The Commission will
assign toll free numbers by competitive bidding, on a first-come, first-
served basis, by an alternative assignment methodology, or by a
combination of the foregoing options.
[83 FR 53396, Oct. 23, 2018]
Subpart E_Universal Dialing Code for National Suicide Prevention and
Mental Health Crisis Hotline System
Source: 85 FR 57783, Sept. 16, 2020, unless otherwise noted.
Sec.52.200 Designation of 988 for a National Suicide Prevention
and Mental Health Crisis Hotline.
(a) 988 is established as the 3-digit dialing code for a national
suicide prevention and mental health crisis hotline system maintained by
the Assistant Secretary for Mental Health and Substance Use and the
Secretary of Veterans Affairs.
(b) All covered providers shall transmit all calls initiated by an
end user dialing 988 to the current toll free access number for the
National Suicide Prevention Lifeline, presently 1-800-273-8255 (TALK).
(c) All covered providers shall complete 10-digit dialing
implementation in areas that use 7-digit dialing and have assigned 988
as a central office code as defined in Sec.52.7(c) by July 16, 2022.
(d) All covered providers shall complete all changes to their
systems that are necessary to implement the designation of the 988
dialing code by July 16, 2022.
(e) For purposes of complying with the requirements of this section,
(1) The term ``covered provider'' means any telecommunications
carrier, interconnected VoIP provider, or provider of one-way VoIP.
(2) The term ``one-way VoIP''--
(i) Means a service that--
(A) Enables real-time, two-way voice communications;
(B) Requires a broadband connection from the user's location;
(C) Requires internet protocol-compatible customer premises
equipment; and
(D) Permits users generally to receive calls that originate on the
public switched telephone network or to terminate calls to the public
switched telephone network.
(ii) Does not include any service that is an interconnected VoIP
service.
Sec. Appendix to Part 52--Deployment Schedule for Long-Term Database
Methods for Local Number Portability
Implementation must be completed by the carriers in the relevant
MSAs during the periods specified below:
Phase I--10/1/97-3/31/98
Chicago, IL................................................... 3
Philadelphia, PA.............................................. 4
Atlanta, GA................................................... 8
New York, NY.................................................. 2
Los Angeles, CA............................................... 1
Houston, TX................................................... 7
Minneapolis, MN............................................... 12
Phase II--1/1/98-5/15/98
Detroit, MI................................................... 6
Cleveland, OH................................................. 20
Washington, DC................................................ 5
Baltimore, MD................................................. 18
Miami, FL..................................................... 24
Fort Lauderdale, FL........................................... 39
Orlando, FL................................................... 40
Cincinnati, OH................................................ 30
Tampa, FL..................................................... 23
Boston, MA.................................................... 9
Riverside, CA................................................. 10
San Diego, CA................................................. 14
Dallas, TX.................................................... 11
St. Louis, MO................................................. 16
Phoenix, AZ................................................... 17
Seattle, WA................................................... 22
Phase III--4/1/98-6/30/98
Indianapolis, IN.............................................. 34
Milwaukee, WI................................................. 35
Columbus, OH.................................................. 38
Pittsburgh, PA................................................ 19
Newark, NJ.................................................... 25
Norfolk, VA................................................... 32
New Orleans, LA............................................... 41
Charlotte, NC................................................. 43
Greensboro, NC................................................ 48
Nashville, TN................................................. 51
Las Vegas, NV................................................. 50
Nassau, NY.................................................... 13
[[Page 118]]
Buffalo, NY................................................... 44
Orange Co, CA................................................. 15
Oakland, CA................................................... 21
San Francisco, CA............................................. 29
Rochester, NY................................................. 49
Kansas City, KS............................................... 28
Fort Worth, TX................................................ 33
Hartford, CT.................................................. 46
Denver, CO.................................................... 26
Portland, OR.................................................. 27
Phase IV--7/1/98-9/30/98
Grand Rapids, MI.............................................. 56
Dayton, OH.................................................... 61
Akron, OH..................................................... 73
Gary, IN...................................................... 80
Bergen, NJ.................................................... 42
Middlesex, NJ................................................. 52
Monmouth, NJ.................................................. 54
Richmond, VA.................................................. 63
Memphis, TN................................................... 53
Louisville, KY................................................ 57
Jacksonville, FL.............................................. 58
Raleigh, NC................................................... 59
West Palm Beach, FL........................................... 62
Greenville, SC................................................ 66
Honolulu, HI.................................................. 65
Providence, RI................................................ 47
Albany, NY.................................................... 64
San Jose, CA.................................................. 31
Sacramento, CA................................................ 36
Fresno, CA.................................................... 68
San Antonio, TX............................................... 37
Oklahoma City, OK............................................. 55
Austin, TX.................................................... 60
Salt Lake City, UT............................................ 45
Tucson, AZ.................................................... 71
Phase V--10/1/98-12/31/98
Toledo, OH.................................................... 81
Youngstown, OH................................................ 85
Ann Arbor, MI................................................. 95
Fort Wayne, IN................................................ 100
Scranton, PA.................................................. 78
Allentown, PA................................................. 82
Harrisburg, PA................................................ 83
Jersey City, NJ............................................... 88
Wilmington, DE................................................ 89
Birmingham, AL................................................ 67
Knoxville, KY................................................. 79
Baton Rouge, LA............................................... 87
Charleston, SC................................................ 92
Sarasota, FL.................................................. 93
Mobile, AL.................................................... 96
Columbia, SC.................................................. 98
Tulsa, OK..................................................... 70
Syracuse, NY.................................................. 69
Springfield, MA............................................... 86
Ventura, CA................................................... 72
Bakersfield, CA............................................... 84
Stockton, CA.................................................. 94
Vallejo, CA................................................... 99
El Paso, TX................................................... 74
Little Rock, AR............................................... 90
Wichita, KS................................................... 97
New Haven, CT................................................. 91
Omaha, NE..................................................... 75
Albuquerque, NM............................................... 76
Tacoma, WA.................................................... 77
[62 FR 18295, Apr. 15, 1997]
PART 53_SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES--
Table of Contents
Subpart A_General Information
Sec.
53.1 Basis and purpose.
53.3 Terms and definitions.
Subpart B--Bell Operating Company Entry Into InterLATA Services [Reserved]
Subpart C_Separate Affiliate; Safeguards
53.201 Services for which a section 272 affiliate is required.
53.203 Structural and transactional requirements.
53.205 Fulfillment of certain requests. [Reserved]
53.207 Successor or assign.
53.209 Biennial audit.
53.211 Audit planning.
53.213 Audit analysis and evaluation.
Subpart D_Manufacturing by Bell Operating Companies
53.301 [Reserved]
Subpart E_Electronic Publishing by Bell Operating Companies
53.401 [Reserved]
Subpart F_Alarm Monitoring Services
53.501 [Reserved]
Authority: 47 U.S.C. 151-155, 157, 201-205, 218, 251, 253, 271-275,
unless otherwise noted.
Source: 62 FR 2967, Jan. 21, 1997, unless otherwise noted.
Subpart A_General Information
Sec.53.1 Basis and purpose.
(a) Basis. The rules in this part are issued pursuant to the
Communications Act of 1934, as amended.
(b) Purpose. The purpose of the rules in this part is to implement
sections
[[Page 119]]
271 and 272 of the Communications Act of 1934, as amended, 47 U.S.C. 271
and 272.
Sec.53.3 Terms and definitions.
Terms used in this part have the following meanings:
Act. The Act means the Communications Act of 1934, as amended.
Affiliate. An affiliate is a person that (directly or indirectly)
owns or controls, is owned or controlled by, or is under common
ownership or control with, another person. For purposes of this part,
the term ``own'' means to own an equity interest (or the equivalent
thereof) of more than 10 percent.
AT&T Consent Decree. The AT&T Consent Decree is the order entered
August 24, 1982, in the antitrust action styled United States v. Western
Electric, Civil Action No. 82-0192, in the United States District Court
for the District of Columbia, and any judgment or order with respect to
such action entered on or after August 24, 1982.
Bell Operating Company (BOC). The term Bell operating company
(1) Means any of the following companies: Bell Telephone Company of
Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company,
Incorporated, Michigan Bell Telephone Company, New England Telephone and
Telegraph Company, New Jersey Bell Telephone Company, New York Telephone
Company, U S West Communications Company, South Central Bell Telephone
Company, Southern Bell Telephone and Telegraph Company, Southwestern
Bell Telephone Company, The Bell Telephone Company of Pennsylvania, The
Chesapeake and Potomac Telephone Company, The Chesapeake and Potomac
Telephone Company of Maryland, The Chesapeake and Potomac Telephone
Company of Virginia, The Chesapeake and Potomac Telephone Company of
West Virginia, The Diamond State Telephone Company, The Ohio Bell
Telephone Company, The Pacific Telephone and Telegraph Company, or
Wisconsin Telephone Company; and
(2) Includes any successor or assign of any such company that
provides wireline telephone exchange service; but
(3) Does not include an affiliate of any such company, other than an
affiliate described in paragraphs (1) or (2) of this definition.
In-Region InterLATA service. In-region interLATA service is
interLATA service that originates in any of a BOC's in-region states,
which are the states in which the BOC or any of its affiliates was
authorized to provide wireline telephone exchange service pursuant to
the reorganization plan approved under the AT&T Consent Decree, as in
effect on February 7, 1996. For the purposes of this part, 800 service,
private line service, or equivalent services that terminate in a BOC's
in-region state and allow the called party to determine the interLATA
carrier are considered to be in-region interLATA service.
InterLATA Information Service. An interLATA information service is
an information service that incorporates as a necessary, bundled element
an interLATA telecommunications transmission component, provided to the
customer for a single charge.
InterLATA Service. An interLATA service is a service that involves
telecommunications between a point located in a LATA and a point located
outside such area. The term ``interLATA service'' includes both
interLATA telecommunications services and interLATA information
services.
Local Access and Transport Area (LATA). A LATA is a contiguous
geographic area:
(1) Established before February 8, 1996 by a BOC such that no
exchange area includes points within more than one metropolitan
statistical area, consolidated metropolitan statistical area, or state,
except as expressly permitted under the AT&T Consent Decree; or
(2) Established or modified by a BOC after February 8, 1996 and
approved by the Commission.
Local Exchange Carrier (LEC). A LEC is any person that is engaged in
the provision of telephone exchange service or exchange access. Such
term does not include a person insofar as such person is engaged in the
provision of commercial mobile service under section 332(c) of the Act,
except to the extent that the Commission finds that such service
[[Page 120]]
should be included in the definition of such term.
Out-of-Region InterLATA service. Out-of-region interLATA service is
interLATA service that originates outside a BOC's in-region states.
Section 272 affiliate. A section 272 affiliate is a BOC affiliate
that complies with the separate affiliate requirements of section 272(b)
of the Act and the regulations contained in this part.
Subpart B--Bell Operating Company Entry Into InterLATA Services [Reserved]
Subpart C_Separate Affiliate; Safeguards
Sec.53.201 Services for which a section 272 affiliate is required.
For the purposes of applying section 272(a)(2) of the Act:
(a) Previously authorized activities. When providing previously
authorized activities described in section 271(f) of the Act, a BOC
shall comply with the following:
(1) A BOC shall provide previously authorized interLATA information
services and manufacturing activities through a section 272 affiliate no
later than February 8, 1997.
(2) A BOC shall provide previously authorized interLATA
telecommunications services in accordance with the terms and conditions
of the orders entered by the United States District Court for the
District of Columbia pursuant to section VII or VIII(C) of the AT&T
Consent Decree that authorized such services.
(b) InterLATA information services. A BOC shall provide an interLATA
information service through a section 272 affiliate when it provides the
interLATA telecommunications transmission component of the service
either over its own facilities, or by reselling the interLATA
telecommunications services of an interexchange provider.
(c) Out-of-region interLATA information services. A BOC shall
provide out-of-region interLATA information services through a section
272 affiliate.
Sec.53.203 Structural and transactional requirements.
(a) Operational independence. A section 272 affiliate and the BOC of
which it is an affiliate shall not jointly own transmission and
switching facilities or the land and buildings where those facilities
are located.
(b) Separate books, records, and accounts. A section 272 affiliate
shall maintain books, records, and accounts, which shall be separate
from the books, records, and accounts maintained by the BOC of which it
is an affiliate.
(c) Separate officers, directors, and employees. A section 272
affiliate shall have separate officers, directors, and employees from
the BOC of which it is an affiliate.
(d) Credit arrangements. A section 272 affiliate shall not obtain
credit under any arrangement that would permit a creditor, upon default,
to have recourse to the assets of the BOC of which it is an affiliate.
(e) Arm's-length transactions. A section 272 affiliate shall conduct
all transactions with the BOC of which it is an affiliate on an arm's
length basis, pursuant to the accounting rules described in Sec.32.27
of this chapter, with any such transactions reduced to writing and
available for public inspection.
[62 FR 2967, Jan. 21, 1997, as amended at 69 FR 16496, Mar. 30, 2004; 70
FR 55302, Sept. 21, 2005]
Sec.53.205 Fulfillment of certain requests. [Reserved]
Sec.53.207 Successor or assign.
If a BOC transfers to an affiliated entity ownership of any network
elements that must be provided on an unbundled basis pursuant to section
251(c)(3) of the Act, such entity will be deemed to be an ``assign'' of
the BOC under section 3(4) of the Act with respect to such transferred
network elements. A BOC affiliate shall not be deemed a ``successor or
assign'' of a BOC solely because it obtains network elements from the
BOC pursuant to section 251(c)(3) of the Act.
[62 FR 2967, Jan. 21, 1997; 63 FR 34604, June 25, 1998]
[[Page 121]]
Sec.53.209 Biennial audit.
(a) A Bell operating company required to operate a separate
affiliate under section 272 of the Act shall obtain and pay for a
Federal/State joint audit every two years conducted by an independent
auditor to determine whether the Bell operating company has complied
with the rules promulgated under section 272 and particularly the audit
requirements listed in paragraph (b) of this section.
(b) The independent audit shall determine:
(1) Whether the separate affiliate required under section 272 of the
Act has:
(i) Operated independently of the Bell operating company;
(ii) Maintained books, records, and accounts in the manner
prescribed by the Commission that are separate from the books, records
and accounts maintained by the Bell operating company;
(iii) Officers, directors and employees that are separate from those
of the Bell operating company;
(iv) Not obtained credit under any arrangement that would permit a
creditor, upon default, to have recourse to the assets of the Bell
operating company; and
(v) Conducted all transactions with the Bell operating company on an
arm's length basis with the transactions reduced to writing and
available for public inspection.
(2) Whether or not the Bell operating company has:
(i) Discriminated between the separate affiliate and any other
entity in the provision or procurement of goods, services, facilities,
and information, or the establishment of standards;
(ii) Accounted for all transactions with the separate affiliate in
accordance with the accounting principles and rules approved by the
Commission.
(3) Whether or not the Bell operating company and an affiliate
subject to section 251(c) of the Act:
(i) Have fulfilled requests from unaffiliated entities for telephone
exchange service and exchange access within a period no longer than the
period in which it provides such telephone exchange service and exchange
access to itself or its affiliates;
(ii) Have made available facilities, services, or information
concerning its provision of exchange access to other providers of
interLATA services on the same terms and conditions as it has to its
affiliate required under section 272 that operates in the same market;
(iii) Have charged its separate affiliate under section 272, or
imputed to itself (if using the access for its provision of its own
services), an amount for access to its telephone exchange service and
exchange access that is no less than the amount charged to any
unaffiliated interexchange carriers for such service; and
(iv) Have provided any interLATA or intraLATA facilities or services
to its interLATA affiliate and made available such services or
facilities to all carriers at the same rates and on the same terms and
conditions, and allocated the associated costs appropriately.
(c) An independent audit shall be performed on the first full year
of operations of the separate affiliate required under section 272 of
the Act, and biennially thereafter.
(d) The Chief, Enforcement Bureau, shall work with the regulatory
agencies in the states having jurisdiction over the Bell operating
company's local telephone services, to attempt to form a Federal/State
joint audit team with the responsibility for overseeing the planning of
the audit as specified in Sec.53.211 and the analysis and evaluation
of the audit as specified in Sec.53.213. The Federal/State joint audit
team may direct the independent auditor to take any actions necessary to
ensure compliance with the audit requirements listed in paragraph (b) of
this section. If the state regulatory agencies having jurisdiction
choose not to participate in the Federal/State joint audit team, the
Chief, Enforcement Bureau, shall establish an FCC audit team to oversee
and direct the independent auditor to take any actions necessary to
ensure compliance with the audit requirements in paragraph (b) of this
section.
[62 FR 2926, Jan. 21, 1997, as amended at 67 FR 13226, Mar. 21, 2002]
Sec.53.211 Audit planning.
(a) Before selecting an independent auditor, the Bell operating
company shall submit preliminary audit requirements, including the
proposed scope of the audit and the extent of compliance
[[Page 122]]
and substantive testing, to the Federal/State joint audit team organized
pursuant to Sec.53.209(d);
(b) The Federal/State joint audit team shall review the preliminary
audit requirements to determine whether it is adequate to meet the audit
requirements in Sec.53.209 (b). The Federal/State joint audit shall
have 30 days to review the audit requirements and determine any
modifications that shall be incorporated into the final audit
requirements.
(c) After the audit requirements have been approved by the Federal/
State joint audit team, the Bell operating company shall engage within
30 days an independent auditor to conduct the biennial audit. In making
its selection, the Bell operating company shall not engage any
independent auditor who has been instrumental during the past two years
in designing any of the accounting or reporting systems under review in
the biennial audit.
(d) The independent auditor selected by the Bell operating company
to conduct the audit shall develop a detailed audit program based on the
final audit requirements and submit it to the Federal/State joint audit
team. The Federal/State joint audit team shall have 30 days to review
the audit program and determine any modifications that shall be
incorporated into the final audit program.
(e) During the course of the biennial audit, the independent
auditor, among other things, shall:
(1) Inform the Federal/State joint audit team of any revisions to
the final audit program or to the scope of the audit.
(2) Notify the Federal/State joint audit team of any meetings with
the Bell operating company or its separate affiliate in which audit
findings are discussed.
(3) Submit to the Chief, Enforcement Bureau, any accounting or rule
interpretations necessary to complete the audit.
[62 FR 2926, Jan. 21, 1997, as amended at 67 FR 13226, Mar. 21, 2002]
Sec.53.213 Audit analysis and evaluation.
(a) Within 60 dates after the end of the audit period, but prior to
discussing the audit findings with the Bell operating company or the
separate affiliate, the independent auditor shall submit a draft of the
audit report to the Federal/State joint audit team.
(1) The Federal/State joint audit team shall have 45 days to review
the audit findings and audit workpapers, and offer its recommendations
concerning the conduct of the audit or the audit findings to the
independent auditor. Exceptions of the Federal/State joint audit team to
the finding and conclusions of the independent auditor that remain
unresolved shall be included in the final audit report.
(2) Within 15 days after receiving the Federal/State joint audit
team's recommendations and making appropriate revisions to the audit
report, the independent auditor shall submit the audit report to the
Bell operating company for its response to the audit findings and send a
copy to the Federal/State joint audit team. The independent auditor may
request additional time to perform additional audit work as recommended
by the Federal/State joint audit team.
(b) Within 30 days after receiving the audit report, the Bell
operating company will respond to the audit findings and send a copy of
its response to the Federal/State joint audit team. The Bell operating
company's response shall be included as part of the final audit report
along with any reply that the independent auditor wishes to make to the
response.
(c) Within 10 days after receiving the response of the Bell
operating company, the independent auditor shall make available for
public inspection the final audit report by filing it with the
Commission and the state regulatory agencies participating on the joint
audit team.
(d) Interested parties may file comments with the Commission within
60 days after the audit report is made available for public inspection.
[62 FR 2927, Jan. 21, 1997]
[[Page 123]]
Subpart D_Manufacturing by Bell Operating Companies
Sec.53.301 [Reserved]
Subpart E_Electronic Publishing by Bell Operating Companies
Sec.53.401 [Reserved]
Subpart F_Alarm Monitoring Services
Sec.53.501 [Reserved]
PART 54_UNIVERSAL SERVICE--Table of Contents
Subpart A_General Information
Sec.
54.1 Basis and purpose.
54.5 Terms and definitions.
54.7 Intended use of federal universal service support.
54.8 Prohibition on participation: suspension and debarment.
54.9 Prohibition on use of funds.
54.10 Prohibition on use of certain Federal subsidies.
54.11 Requirement to remove and replace.
Subpart B_Services Designated for Support
54.101 Supported services for rural, insular and high cost areas.
Subpart C_Carriers Eligible for Universal Service Support
54.201 Definition of eligible telecommunications carriers, generally.
54.202 Additional requirements for Commission designation of eligible
telecommunications carriers.
54.203 Designation of eligible telecommunications carriers for unserved
areas.
54.205 Relinquishment of universal service.
54.207 Service areas.
Subpart D_Universal Service Support for High Cost Areas
54.302 Monthly per-line limit on universal service support.
54.303 Eligible Capital Investment and Operating Expenses.
54.304 Administration of Connect America Fund Intercarrier Compensation
Replacement.
54.305 Sale or transfer of exchanges.
54.306 Alaska Plan for Rate-of-Return Carriers Serving Alaska.
54.307 Support to a competitive eligible telecommunications carrier.
54.308 Broadband public interest obligations for recipients of high-cost
support.
54.309 Connect America Fund Phase II Public Interest Obligations.
54.310 Connect America Fund for Price Cap Territories--Phase II
54.311 Connect America Fund Alternative-Connect America Cost Model
Support.
54.312 Connect America Fund for Price Cap Territories--Phase I.
54.313 Annual reporting requirements for high-cost recipients.
54.314 Certification of support for eligible telecommunications
carriers.
54.315 Application process for Connect America Fund phase II support
distributed through competitive bidding.
54.316 Broadband deployment reporting and certification requirements for
high-cost recipients.
54.317 Alaska Plan for competitive eligible telecommunications carriers
serving remote Alaska.
54.318 [Reserved]
54.319 Elimination of high-cost support in areas with 100 percent
coverage by an unsubsidized competitor.
54.320 Compliance and recordkeeping for the high-cost program.
54.321 Reporting and certification requirements for Alaska Plan
participants.
54.322 Public interest obligations and performance requirements,
reporting requirements, and non-compliance mechanisms for
mobile legacy high-cost support recipients.
Subpart E_Universal Service Support for Low Income Consumers
54.400 Terms and definitions.
54.401 Lifeline defined.
54.403 Lifeline support amount.
54.404 The National Lifeline Accountability Database.
54.405 Carrier obligation to offer Lifeline.
54.406 Activities of representatives of eligible telecommunications
carriers.
54.407 Reimbursement for offering Lifeline.
54.408 Minimum service standards.
54.409 Consumer qualification for Lifeline.
54.410 Subscriber eligibility determination and certification.
54.411 [Reserved]
54.412 Off reservation Tribal lands designation process.
54.413 Link Up for rural Tribal lands.
54.414 Reimbursement for Tribal Link Up.
54.416 Annual certifications by eligible telecommunications carriers.
54.417 Recordkeeping requirements.
54.419 Validity of electronic signatures.
54.420 Low income program audits.
54.422 Annual reporting for eligible telecommunications carriers that
receive low-income support.
54.423 Budget.
[[Page 124]]
Subpart F_Universal Service Support for Schools and Libraries
54.500 Terms and definitions.
54.501 Eligible recipients.
54.502 Eligible services.
54.503 Competitive bidding requirements.
54.504 Requests for services.
54.505 Discounts.
54.506 [Reserved]
54.507 Cap.
54.508-54.509 [Reserved]
54.511 Ordering services.
54.513 Resale and transfer of services.
54.514 Payment for discounted services.
54.515 Distributing support.
54.516 Auditing and inspections.
54.517-54.518 [Reserved]
54.519 State telecommunications networks.
54.520 Children's Internet Protection Act certifications required from
recipients of discounts under the federal universal service
support mechanism for schools and libraries.
54.522 [Reserved]
54.523 Payment for the non-discount portion of supported services.
Subpart G_Universal Service for Rural Health Care Program
54.600 Terms and definitions.
54.601 Health care provider eligibility.
54.602 Health care support mechanism.
Telecommunications Program
54.603 Consortia, telecommunications services, and existing contracts.
54.604 Determining the urban rate.
54.605 Determining the rural rate.
54.606 Calculating support.
Healthcare Connect Fund Program
54.607 Eligible recipients.
54.608 Eligible service providers.
54.609 Designation of consortium leader.
54.610 Letters of agency (LOA).
54.611 Health care provider contribution.
54.612 Eligible services.
54.613 Eligible equipment.
54.614 Eligible participant-constructed and owned network facilities for
consortium applicants.
54.615 Off-site data centers and off-site administrative offices.
54.616 Upfront payments.
54.617 Ineligible expenses.
54.618 Data collection and reporting.
General Provisions
54.619 Cap.
54.620 Annual filing requirements and commitments.
54.621 Filing window for requests and prioritization of support.
54.622 Competitive bidding requirements and exemptions.
54.623 Funding requests.
54.624 Site and service substitutions.
54.625 Service Provider Identification Number (SPIN) changes.
54.626 Service delivery deadline and extension requests.
54.627 Invoicing process and certifications.
54.628 Duplicate support.
54.629 Prohibition on resale.
54.630 Election to offset support against annual universal service fund
contribution.
54.631 Audits and record keeping.
54.632 Signature requirements for certifications.
54.633 Validity of electronic signatures and records.
Subpart H_Administration
54.701 Administrator of universal service support mechanisms.
54.702 Administrator's functions and responsibilities.
54.703 The Administrator's Board of Directors.
54.704 The Administrator's Chief Executive Officer.
54.705 Committees of the Administrator's Board of Directors.
54.706 Contributions.
54.707 Audit controls.
54.708 De minimis exemption.
54.709 Computations of required contributions to universal service
support mechanisms.
54.711 Contributor reporting requirements.
54.712 Contributor recovery of universal service costs from end users.
54.713 Contributors' failure to report or to contribute.
54.715 Administrative expenses of the Administrator.
54.717 Audits of the Administrator.
Subpart I_Review of Decisions Issued by the Administrator
54.719 Parties permitted to seek review of Administrator decision.
54.720 Filing deadlines.
54.721 General filing requirements.
54.722 Review by the Wireline Competition Bureau or the Commission.
54.723 Standard of review.
54.724 Time periods for Commission approval of Administrator decisions.
54.725 Universal service disbursements during pendency of a request for
review and Administrator decision.
Subpart J_Rural Digital Opportunity Fund
54.801 Use of competitive bidding for Rural Digital Opportunity Fund.
54.802 Rural Digital Opportunity Fund geographic areas, deployment
obligations, and support disbursements.
[[Page 125]]
54.803 Rural Digital Opportunity Fund provider eligibility.
54.804 Rural Digital Opportunity Fund application process.
54.805 Rural Digital Opportunity Fund public interest obligations.
54.806 Rural Digital Opportunity Fund reporting obligations, compliance,
and recordkeeping.
Subpart K_Interstate Common Line Support Mechanism for Rate-of-Return
Carriers
54.901 Calculation of Connect America Fund Broadband Loop Support.
54.902 Calculation of CAF BLS Support for transferred exchanges.
54.903 Obligations of rate-of-return carriers and the Administrator.
Subpart L_Mobility Fund and 5G Fund
54.1001 Mobility Fund--Phase I.
54.1002 Geographic areas eligible for support.
54.1003 Provider eligibility.
54.1004 Service to Tribal Lands.
54.1005 Application process.
54.1006 Public interest obligations.
54.1007 Letter of credit.
54.1008 Mobility Fund Phase I disbursements.
54.1009 Annual reports.
54.1010 Record retention for Mobility Fund Phase I.
54.1011 5G Fund.
54.1012 Geographic areas eligible for support.
54.1013 Applicant eligibility.
54.1014 Application process.
54.1015 Public interest obligations and performance requirements for 5G
Fund support recipients.
54.1016 Letter of credit.
54.1017 5G Fund support disbursements.
54.1018 Annual reports.
54.1019 Interim service and final service milestone reports.
54.1020 Non-compliance measures for 5G Fund support recipients.
54.1021 Record retention for the 5G Fund.
Subpart M_High Cost Loop Support for Rate-of-Return Carriers
54.1301 General.
54.1302 Calculation of incumbent local exchange carrier portion of
nationwide loop cost expense adjustment for rate-of-return
carriers.
54.1303 Calculation of the rural growth factor.
54.1304 Calculation of safety net additive.
54.1305 Submission of information to the National Exchange Carrier
Association (NECA).
54.1306 Updating information submitted to the National Exchange Carrier
Association.
54.1307 Submission of information by the National Exchange Carrier
Association.
54.1308 Study area total unseparated loop cost.
54.1309 National and study area average unseparated loop costs.
54.1310 Expense adjustment.
Subpart O_Uniendo a Puerto Rico Fund and Connect USVI Fund
54.1501 Uniendo a Puerto Rico Fund and Connect USVI Fund--Stage 2 for
service to fixed locations.
54.1502 Geographic areas eligible for Stage 2 fixed support.
54.1503 Geographic area and locations to be served by Stage 2 fixed
support recipients.
54.1504 Term of Stage 2 fixed support and phase-down of legacy fixed
support.
54.1505 Stage 2 fixed support application process.
54.1506 Stage 2 fixed support deployment milestones.
54.1507 Stage 2 public interest obligations for service to fixed
locations.
54.1508 Letter of credit for Stage 2 fixed support recipients.
54.1509 Uniendo a Puerto Rico Fund and the Connect USVI Fund--Stage 2
for mobile service.
54.1510 Stage 2 mobile carrier eligibility.
54.1511 Appropriate uses of Stage 2 mobile support.
54.1512 Geographic area eligible for Stage 2 mobile support.
54.1513 Provision of Stage 2 mobile support.
54.1514 Stage 2 mobile additional annual reporting.
54.1515 Disaster preparation and response measures.
Subpart P_Emergency Broadband Benefit Program
54.1600 Definitions.
54.1601 Participating providers.
54.1602 Emergency Broadband Benefit.
54.1603 Emergency Broadband Benefit Program support amount.
54.1604 Participating provider obligation to offer Emergency Broadband
Benefit Program.
54.1605 Household qualification for Emergency Broadband Benefit Program.
54.1606 Household eligibility determinations.
54.1607 Enrollment representative registration.
54.1608 Reimbursement for providing Emergency Broadband Benefit Program
discount.
[[Page 126]]
54.1609 De-enrollment from the Emergency Broadband Benefit Program.
54.1610 Expiration of Emergency Broadband Benefit Program.
54.1611 Recordkeeping requirements.
54.1612 Validity of electronic signatures.
Subpart Q_Emergency Connectivity Fund
54.1700 Terms and definitions.
54.1701 Eligible recipients.
54.1702 Emergency Connectivity Fund eligible equipment and services.
54.1703 Emergency Connectivity Fund competitive bidding requirements.
54.1704 Emergency Connectivity Fund gift restrictions.
54.1705 Emergency Connectivity Fund eligible uses.
54.1706 Emergency Connectivity Fund service locations.
54.1707 Emergency Connectivity Fund reasonable support amounts.
54.1708 Emergency Connectivity Fund cap and requests.
54.1709 Availability period of the Emergency Connectivity Fund.
54.1710 Emergency Connectivity Fund requests for funding.
54.1711 Emergency Connectivity Fund requests for reimbursement.
54.1712 Duplicate support.
54.1713 Treatment, resale, and transfer of equipment.
54.1714 Audits, inspections, and investigations.
54.1715 Records retention.
54.1716 Children's Internet Protection Act certifications.
54.1717 Administrator of the Emergency Connectivity Fund.
54.1718 Appeal and waiver requests.
Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 229,
254, 303(r), 403, 1004, 1302, and 1601-1609, unless otherwise noted.
Source: 62 FR 32948, June 17, 1997, unless otherwise noted.
Subpart A_General Information
Sec.54.1 Basis and purpose.
(a) Basis. These rules are issued pursuant to the Communications Act
of 1934, as amended.
(b) Purpose. The purpose of these rules is to implement section 254
of the Communications Act of 1934, as amended, 47 USC 254.
Sec.54.5 Terms and definitions.
Terms used in this part have the following meanings:
Act. The term ``Act'' refers to the Communications Act of 1934, as
amended.
Administrator. The term ``Administrator'' or ``USAC'' shall refer to
the Universal Service Administrative Company that is an independent
subsidiary of the National Exchange Carrier Association, Inc., and that
has been appointed the permanent Administrator of the federal universal
service support mechanisms.
Community anchor institutions. For the purpose of high-cost support,
``community anchor institutions'' refers to schools, libraries, health
care providers, community colleges, other institutions of higher
education, and other community support organizations and entities.
Competitive eligible telecommunications carrier. A ``competitive
eligible telecommunications carrier'' is a carrier that meets the
definition of an ``eligible telecommunications carrier'' below and does
not meet the definition of an ``incumbent local exchange carrier'' in
Sec.51.5 of this chapter.
Contributor. The term ``contributor'' shall refer to an entity
required to contribute to the universal service support mechanisms
pursuant to Sec.54.706.
Eligible telecommunications carrier. ``Eligible telecommunications
carrier'' means a carrier designated as such under subpart C of this
part.
High-cost support. ``High-cost support'' refers to those support
mechanisms in existence as of October 1, 2011, specifically, high-cost
loop support, safety net additive and safety valve provided pursuant to
subpart F of part 36, local switching support pursuant to Sec.54.301,
forward-looking support pursuant to Sec.54.309, interstate access
support pursuant to Sec. Sec.54.800 through 54.809, and interstate
common line support pursuant to Sec. Sec.54.901 through 54.904,
support provided pursuant to Sec. Sec.51.915, 51.917, and 54.304,
support provided to competitive eligible telecommunications carriers as
set forth in Sec.54.307(e), Connect America Fund support provided
pursuant to Sec.54.312, and Mobility Fund and 5G Fund support provided
pursuant to subpart L of this part.
Incumbent local exchange carrier. ``Incumbent local exchange
carrier'' or
[[Page 127]]
``ILEC'' has the same meaning as that term is defined in Sec.51.5 of
this chapter.
Information service. ``Information service'' is the offering of a
capability for generating, acquiring, storing, transforming, processing,
retrieving, utilizing, or making available information via
telecommunications, and includes electronic publishing, but does not
include any use of any such capability for the management, control, or
operation of a telecommunications system or the management of a
telecommunications service.
Interconnected VoIP Provider. An ``interconnected VoIP provider'' is
an entity that provides interconnected VoIP service, as that term is
defined in section 9.3 of these rules.
Internet access. ``Internet access'' includes the following
elements:
(1) The transmission of information as common carriage; and
(2) The transmission of information as part of a gateway to an
information service, when that transmission does not involve the
generation or alteration of the content of information, but may include
data transmission, address translation, protocol conversion, billing
management, introductory information content, and navigational systems
that enable users to access information services, and that do not affect
the presentation of such information to users.
Interstate telecommunication. ``Interstate telecommunication'' is a
communication or transmission:
(1) From any State, Territory, or possession of the United States
(other than the Canal zone), or the District of Columbia, to any other
State, Territory, or possession of the United States (other than the
Canal Zone), or the District of Columbia,
(2) From or to the United States to or from the Canal Zone, insofar
as such communication or transmission takes place within the United
States, or
(3) Between points within the United States but through a foreign
country.
Interstate transmission. ``Interstate transmission'' is the same as
interstate telecommunication.
Intrastate telecommunication. ``Intrastate telecommunication'' is a
communication or transmission from within any State, Territory, or
possession of the United States, or the District of Columbia to a
location within that same State, Territory, or possession of the United
States, or the District of Columbia.
Intrastate transmission. ``Intrastate transmission'' is the same as
intrastate telecommunication.
LAN. ``LAN'' is a local area network, which is a set of high-speed
links connecting devices, generally computers, on a single shared
medium, usually on the user's premises.
Mobile competitive eligible telecommunications carrier. A ``mobile
competitive eligible telecommunications carrier'' is a carrier that
meets the definition of a ``competitive eligible telecommunications
carrier'' in this section and that provides a terrestrial-based service
meeting the definition of ``commercial mobile radio service'' in Sec.
51.5 of this chapter.
Qualifying competitor. A ``qualifying competitor'' is a facilities-
based terrestrial provider of residential fixed voice and broadband
service access meeting or exceeding 3 Mbps downstream and 768 kbps
upstream.
Rate-of-return carrier. ``Rate-of-return carrier'' shall refer to
any incumbent local exchange carrier not subject to price cap regulation
as that term is defined in Sec.61.3(ee) of this chapter.
Rural incumbent local exchange carrier. ``Rural incumbent local
exchange carrier'' is a carrier that meets the definitions of ``rural
telephone company'' and ``incumbent local exchange carrier,'' as those
terms are defined in Sec.51.5 of this chapter.
Rural telephone company. ``Rural telephone company'' has the same
meaning as that term is defined in Sec.51.5 of this chapter.
State commission. The term ``state commission'' means the
commission, board or official (by whatever name designated) that, under
the laws of any state, has regulatory jurisdiction with respect to
intrastate operations of carriers.
Technically feasible. ``Technically feasible'' means capable of
accomplishment as evidenced by prior success under similar
circumstances. For example, preexisting access at a particular point
evidences the technical feasibility of access at substantially
[[Page 128]]
similar points. A determination of technical feasibility does not
consider economic, accounting, billing, space or site except that space
and site may be considered if there is no possibility of expanding
available space.
Telecommunications. ``Telecommunications'' is the transmission,
between or among points specified by the user, of information of the
user's choosing, without change in the form or content of the
information as sent and received.
Telecommunications carrier. A ``telecommunications carrier'' is any
provider of telecommunications services, except that such term does not
include aggregators of telecommunications services as defined in section
226 of the Act. A telecommunications carrier shall be treated as a
common carrier under the Act only to the extent that it is engaged in
providing telecommunications services, except that the Commission shall
determine whether the provision of fixed and mobile satellite service
shall be treated as common carriage. This definition includes cellular
mobile radio service (CMRS) providers, interexchange carriers (IXCs)
and, to the extent they are acting as telecommunications carriers,
companies that provide both telecommunications and information services.
Private mobile radio service (PMRS) providers are telecommunications
carriers to the extent they provide domestic or international
telecommunications for a fee directly to the public.
Telecommunications channel. ``Telecommunications channel'' means a
telephone line, or, in the case of wireless communications, a
transmittal line or cell site.
Telecommunications service. ``Telecommunications service'' is the
offering of telecommunications for a fee directly to the public, or to
such classes of users as to be effectively available directly to the
public, regardless of the facilities used.
Tribal lands. For the purposes of high-cost support, ``Tribal
lands'' include any federally recognized Indian tribe's reservation,
pueblo or colony, including former reservations in Oklahoma, Alaska
Native regions established pursuant to the Alaska Native Claims
Settlement Act (85 Stat. 688) and Indian Allotments, see Sec.
54.400(e), as well as Hawaiian Home Lands--areas held in trust for
native Hawaiians by the state of Hawaii, pursuant to the Hawaiian Homes
Commission Act, 1920, July 9, 1921, 42 Stat 108, et seq., as amended,
and any land designated as such by the Commission.
Unsubsidized competitor. An ``unsubsidized competitor'' is a
facilities-based provider of residential fixed voice and broadband
service that does not receive high-cost support.
Website. The term ``website'' shall refer to any websites operated
by the Administrator in connection with the schools and libraries
support mechanism, the rural health care support mechanism, the high
cost mechanism, and the low income mechanism.
Wire center. A wire center is the location of a local switching
facility containing one or more central offices, as defined in the
Appendix to part 36 of this chapter. The wire center boundaries define
the area in which all customers served by a given wire center are
located.
[62 FR 32948, June 17, 1997]
Editorial Note: For Federal Register citations affecting Sec.54.5,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.govinfo.gov.
Sec.54.7 Intended use of federal universal service support.
(a) A carrier that receives federal universal service support shall
use that support only for the provision, maintenance, and upgrading of
facilities and services for which the support is intended.
(b) The use of federal universal service support that is authorized
by paragraph (a) of this section shall include investments in plant that
can, either as built or with the addition of plant elements, when
available, provide access to advanced telecommunications and information
services.
(c) For those eligible telecommunications carriers as defined in
Sec.54.5 receiving universal service support pursuant to subparts K
and M of this part, ineligible expenses include but are not limited to
the following:
[[Page 129]]
(1) Personal expenses of employees, executives, board members, and
contractors, and family members thereof, or any other individuals
affiliated with the eligible telecommunications carrier, including but
not limited to personal expenses for housing, such as rent or mortgages,
vehicles for personal use and personal travel, including transportation,
lodging and meals;
(2) Gifts to employees; childcare; housing allowances or other forms
of mortgage or rent assistance for employees except that a reasonable
amount of assistance shall be allowed for work-related temporary or
seasonal lodging; cafeterias and dining facilities; food and beverage
except that a reasonable amount shall be allowed for work-related
travel; entertainment;
(3) Expenses associated with: Tangible property not logically
related or necessary to the offering of voice or broadband services;
corporate aircraft, watercraft, and other motor vehicles designed for
off-road use except insofar as necessary or reasonable to access
portions of the study area not readily accessible by motor vehicles
travelling on roads; tangible property used for entertainment purposes;
consumer electronics used for personal use; kitchen appliances except as
part of work-related temporary or seasonal lodging assistance; artwork
and other objects which possess aesthetic value;
(4) Political contributions; charitable donations; scholarships;
membership fees and dues in clubs and organizations; sponsorships of
conferences or community events; nonproduct-related corporate image
advertising; and
(5) Penalties or fines for statutory or regulatory violations;
penalties or fees for any late payments on debt, loans, or other
payments.
[76 FR 73869, Nov. 29, 2011, as amended at 83 FR 18964, May 1, 2018]
Sec.54.8 Prohibition on participation: suspension and debarment.
(a) Definitions--(1) Activities associated with or related to the
schools and libraries support mechanism, the high-cost support
mechanism, the rural health care support mechanism, and the low-income
support mechanism. Such matters include the receipt of funds or
discounted services through one or more of these support mechanisms, or
consulting with, assisting, or advising applicants or service providers
regarding one or more of these support mechanisms.
(2) Civil liability. The disposition of a civil action by any court
of competent jurisdiction, whether entered by verdict, decision,
settlement with admission of liability, stipulation, or otherwise
creating a civil liability for the wrongful acts complained of, or a
final determination of liability under the Program Fraud Civil Remedies
Act of 1988 (31 U.S.C. 3801-12).
(3) Consultant. A person that for consideration advises or consults
a person regarding the schools and libraries support mechanism, but who
is not employed by the person receiving the advice or consultation.
(4) Conviction. A judgment or conviction of a criminal offense by
any court of competent jurisdiction, whether entered by verdict or a
plea, including a plea of nolo contendere.
(5) Debarment. Any action taken by the Commission in accordance with
these regulations to exclude a person from activities associated with or
relating to the schools and libraries support mechanism, the high-cost
support mechanism, the rural health care support mechanism, and the low-
income support mechanism. A person so excluded is ``debarred.''
(6) Person. Any individual, group of individuals, corporation,
partnership, association, unit of government or legal entity, however
organized.
(7) Suspension. An action taken by the Commission in accordance with
these regulations that immediately excludes a person from activities
associated with or relating to the schools and libraries support
mechanism, the high-cost support mechanism, the rural health care
support mechanism, and the low-income support mechanism for a temporary
period, pending completion of the debarment proceedings. A person so
excluded is ``suspended.''
(b) Suspension and debarment in general. The Commission shall
suspend and debar a person for any of the causes in paragraph (c) of
this section using procedures established in this section, absent
extraordinary circumstances.
[[Page 130]]
(c) Causes for suspension and debarment. Causes for suspension and
debarment are conviction of or civil judgment for attempt or commission
of criminal fraud, theft, embezzlement, forgery, bribery, falsification
or destruction of records, making false statements, receiving stolen
property, making false claims, obstruction of justice and other fraud or
criminal offense arising out of activities associated with or related to
the schools and libraries support mechanism, the high-cost support
mechanism, the rural health care support mechanism, and the low-income
support mechanism.
(d) Effect of suspension and debarment. Unless otherwise ordered,
any persons suspended or debarred shall be excluded from activities
associated with or related to the schools and libraries support
mechanism, the high-cost support mechanism, the rural health care
support mechanism, and the low-income support mechanism. Suspension and
debarment of a person other than an individual constitutes suspension
and debarment of all divisions and/or other organizational elements from
participation in the program for the suspension and debarment period,
unless the notice of suspension and proposed debarment is limited by its
terms to one or more specifically identified individuals, divisions, or
other organizational elements or to specific types of transactions.
(e) Procedures for suspension and debarment. The suspension and
debarment process shall proceed as follows:
(1) Upon evidence that there exists cause for suspension and
debarment, the Commission shall provide prompt notice of suspension and
proposed debarment to the person. Suspension shall be effective upon the
earlier of receipt of notification or publication in the Federal
Register.
(2) The notice shall:
(i) Give the reasons for the proposed debarment in terms sufficient
to put a person on notice of the conduct or transaction(s) upon which it
is based and the cause relied upon, namely, the entry of a criminal
conviction or civil judgment arising out of activities associated with
or related to the schools and libraries support mechanism, the high-cost
support mechanism, the rural health care support mechanism, and the low-
income support mechanism;
(ii) Explain the applicable debarment procedures;
(iii) Describe the effect of debarment.
(3) A person subject to proposed debarment, or who has an existing
contract with a person subject to proposed debarment or intends to
contract with such a person to provide or receive services in matters
arising out of activities associated with or related to the schools and
libraries support mechanism, the high-cost support mechanism, the rural
health care support mechanism, and the low-income support mechanism may
contest debarment or the scope of the proposed debarment. A person
contesting debarment or the scope of proposed debarment must file
arguments and any relevant documentation within thirty (30) calendar
days of receipt of notice or publication in the Federal Register,
whichever is earlier.
(4) A person subject to proposed debarment, or who has an existing
contract with a person subject to proposed debarment or intends to
contract with such a person to provide or receive services in matters
arising out of activities associated with or related to the schools and
libraries support mechanism, the high-cost support mechanism, the rural
health care support mechanism, and the low-income support mechanism may
also contest suspension or the scope of suspension, but such action will
not ordinarily be granted. A person contesting suspension or the scope
of suspension must file arguments and any relevant documentation within
thirty (30) calendar days of receipt of notice or publication in the
Federal Register, whichever is earlier.
(5) Within ninety (90) days of receipt of any information submitted
by the respondent, the Commission, in the absence of extraordinary
circumstances, shall provide the respondent prompt notice of the
decision to debar. Debarment shall be effective upon the earlier of
receipt of notice or publication in the Federal Register.
(f) Reversal or limitation of suspension or debarment. The
Commission may reverse a suspension or debarment, or limit the scope or
period of suspension
[[Page 131]]
or debarment, upon a finding of extraordinary circumstances, after due
consideration following the filing of a petition by an interested party
or upon motion by the Commission. Reversal of the conviction or civil
judgment upon which the suspension and debarment was based is an example
of extraordinary circumstances.
(g) Time period for debarment. A debarred person shall be prohibited
from involvement with the schools and libraries support mechanism for
three (3) years from the date of debarment. The Commission may, if
necessary to protect the public interest, set a longer period of
debarment or extend the existing period of debarment. If multiple
convictions or judgments have been rendered, the Commission shall
determine based on the facts before it whether debarments shall run
concurrently or consecutively.
[68 FR 36943, June 20, 2003. Redesignated and amended at 72 FR 54218,
Sept. 24, 2007]
Sec.54.9 Prohibition on use of funds.
(a) USF support restriction No universal service support may be used
to purchase, obtain, maintain, improve, modify, or otherwise support any
equipment or services produced or provided by any company posing a
national security threat to the integrity of communications networks or
the communications supply chain.
(b) Designation of Entities Subject to Prohibition. (1) When the
Public Safety and Homeland Security Bureau (PSHSB) determines, either
sua sponte or in response to a petition from an outside party, that a
company poses a national security threat to the integrity of
communications networks or the communications supply chain, PSHSB shall
issue a public notice advising that such designation has been proposed
as well as the basis for such designation.
(2) Upon issuance of such notice, interested parties may file
comments responding to the initial designation, including proffering an
opposition to the initial designation. If the initial designation is
unopposed, the entity shall be deemed to pose a national security threat
31 days after the issuance of the notice. If any party opposes the
initial designation, the designation shall take effect only if PSHSB
determines that the affected entity should nevertheless be designated as
a national security threat to the integrity of communications networks
or the communications supply chain. In either case, PSHSB shall issue a
second public notice announcing its final designation and the effective
date of its final designation. PSHSB shall make a final designation no
later than 120 days after release of its initial determination notice.
PSHSB may, however, extend such 120-day deadline for good cause.
(3) PSHSB will act to reverse its designation upon a finding that an
entity is no longer a threat to the integrity of communications networks
or the communications supply chain. A designated company, or any other
interested party, may submit a petition asking PSHSB to remove a
designation. PSHSB shall seek the input of Executive Branch agencies and
the public upon receipt of such a petition. If the record shows that a
designated company is no longer a national security threat, PSHSB shall
promptly issue an order reversing its designation of that company. PSHSB
may dismiss repetitive or frivolous petitions for reversal of a
designation without notice and comment. If PSHSB reverses its
designation, PSHSB shall issue an order announcing its decision along
with the basis for its decision.
(4) PSHSB shall have discretion to revise this process or follow a
different process if appropriate to the circumstances, consistent with
providing affected parties an opportunity to respond and with any need
to act expeditiously in individual cases.
[85 FR 249, Jan. 3, 2020]
Sec.54.10 Prohibition on use of certain Federal subsidies.
(a) A Federal subsidy made available through a program administered
by the Commission that provides funds to be used for the capital
expenditures necessary for the provision of advanced communications
service may not be used to:
(1) Purchase, rent, lease, or otherwise obtain any covered
communications equipment or service; or
(2) Maintain any covered communications equipment or service
previously
[[Page 132]]
purchased, rented, leased, or otherwise obtained.
(b) The term ``covered communications equipment or service'' is
defined in Sec.1.50001 of this chapter.
(c) The prohibition in paragraph (a) of this section applies to any
covered communications equipment or service beginning on the date that
is 60 days after the date on which such equipment or service is placed
on a published list pursuant to Sec.1.50003 of this chapter. In the
case of any covered communications equipment or service that is on the
initial list published pursuant to Sec.1.50002 of this chapter, such
equipment or service shall be treated as being placed on the list on the
date which such list is published.
[86 FR 2946, Jan. 13, 2021]
Sec.54.11 Requirement to remove and replace.
(a) Each Eligible Telecommunications Carrier receiving Universal
Service Fund support must certify prior to receiving a funding
commitment or support that it does not use covered communications
equipment or services.
(b) For purposes of paragraph (a) of this section, covered
communications equipment or services means any communications equipment
or service that is on the Covered list found in Sec.1.50002 of this
chapter.
(c) The certification required in paragraph (a) of this section is
not applicable until one year after the date the Commission releases a
Public Notice announcing the acceptance of applications for filing
during the initial filing window of the Reimbursement Program per Sec.
1.50004(b) of this chapter.
(d) Reimbursement Program recipients, as defined in Sec.1.50001(h)
of this chapter, are not subject to paragraph (a) of this section until
after the expiration of their applicable removal, replacement, and
disposal term per Sec.1.50004(h).
[86 FR 2946, Jan. 13, 2021]
Effective Date Note: At 86 FR 2946, Jan. 13, 2021, Sec.54.11 was
added, however this is amendment is delayed indefinitely.
Effective Date Note: At 86 FR 47022, Aug. 23, 2021, Sec.54.11 was
amended by revising paragraphs (b), (c) and (d) effective Oct. 22, 2021.
For the convenience of the user, the revised text is set forth as
follows:
Sec.54.11 Requirement to remove and replace.
* * * * *
(b) For the purposes of this section, covered communications
equipment or services means any communications equipment or service that
is on the Covered List maintained pursuant to Sec.1.50002 of this
chapter, and:
(1) As defined in the Report and Order of the Commission in the
matter of Protecting Against National Security Threats to the
Communications Supply Chain Through FCC Programs (FCC 19-121; WC Docket
No. 18-89; adopted November 22, 2019 (in this section referred to as the
'Report and Order'); or
(2) as determined to be covered by both the process of the Report
and Order and the Designation Orders of the Commission on June 30, 2020
(DA 20-690; PS Docket No. 19-351; adopted June 30, 2020) (DA 20-691; PS
Docket No. 19-352; adopted June 30, 2020) (in this section collectively
referred to as the 'Designation Orders').
(c) The certification referenced in paragraph (a) of this section is
required starting one year after the date the Commission releases a
Public Notice announcing that applications are accepted for filing in
the corresponding filing window of the Reimbursement Program per Sec.
1.50004(b) for the removal, replacement, and disposal of associated
covered communications equipment and services.
(d) Reimbursement Program recipients, as defined in Sec.1.50001(h)
of this chapter, are not subject to paragraph (a) of this section until
after the expiration of their corresponding removal, replacement, and
disposal term per Sec.1.50004(h) of this chapter for associated
covered communications equipment and services.
Subpart B_Services Designated for Support
Sec.54.101 Supported services for rural, insular, and high cost areas.
(a) Voice telephony services shall be supported by Federal universal
service support mechanisms. Eligible voice telephony services must
provide voice grade access to the public switched network or its
functional equivalent; minutes of use for local service provided at no
additional charge to end users; access to the emergency services
provided by local government or other public safety organizations, such
as 911 and enhanced 911, to the extent the
[[Page 133]]
local government in an eligible carrier's service area has implemented
911 or enhanced 911 systems; and toll limitation services to qualifying
low-income consumers as provided in subpart E of this part.
(b) An eligible telecommunications carrier eligible to receive high-
cost support must offer voice telephony service as set forth in
paragraph (a) of this section in order to receive Federal universal
service support.
(c) An eligible telecommunications carrier (ETC) subject to a high-
cost public interest obligation to offer broadband internet access
services and not receiving Phase I frozen high-cost support must offer
broadband services within the areas where it receives high-cost support
consistent with the obligations set forth in this subpart and subparts
D, K, L, and M of this part.
(d) Any ETC must comply with subpart E of this part.
[86 FR 1021, Jan. 7, 2021]
Subpart C_Carriers Eligible for Universal Service Support
Sec.54.201 Definition of eligible telecommunications carriers, generally.
(a) Carriers eligible to receive support.
(1) Only eligible telecommunications carriers designated under this
subpart shall receive universal service support distributed pursuant to
subparts D and E of this part. Eligible telecommunications carriers
designated under this subpart for purposes of receiving support only
under subpart E of this part must provide Lifeline service directly to
qualifying low-income consumers.
(2) [Reserved]
(3) This paragraph does not apply to offset or reimbursement support
distributed pursuant to subpart G of this part.
(4) This paragraph does not apply to support distributed pursuant to
subpart F of this part.
(b) A state commission shall upon its own motion or upon request
designate a common carrier that meets the requirements of paragraph (d)
of this section as an eligible telecommunications carrier for a service
area designated by the state commission.
(c) Upon request and consistent with the public interest,
convenience, and necessity, the state commission may, in the case of an
area served by a rural telephone company, and shall, in the case of all
other areas, designate more than one common carrier as an eligible
telecommunications carrier for a service area designated by the state
commission, so long as each additional requesting carrier meets the
requirements of paragraph (d) of this section. Before designating an
additional eligible telecommunications carrier for an area served by a
rural telephone company, the state commission shall find that the
designation is in the public interest.
(d) A common carrier designated as an eligible telecommunications
carrier under this section shall be eligible to receive universal
service support in accordance with section 254 of the Act and, except as
described in paragraph (d)(3) of this section, shall throughout the
service area for which the designation is received:
(1) Offer the services that are supported by federal universal
service support mechanisms under subpart B of this part and section
254(c) of the Act, either using its own facilities or a combination of
its own facilities and resale of another carrier's services (including
the services offered by another eligible telecommunications carrier);
and
(2) Advertise the availability of such services and the charges
therefore using media of general distribution.
(3) Exception. Price cap carriers that serve census blocks that are
identified by the forward-looking cost model as low-cost, census blocks
that are served by an unsubsidized competitor as defined in Sec.54.5
meeting the requisite public interest obligations specified in Sec.
54.309, or census blocks where a subsidized competitor is receiving
federal high-cost support to deploy modern networks capable of providing
voice and broadband to fixed locations, are not required to comply with
paragraphs (d)(1) and (2) of this section in these specific geographic
areas. Such price cap carriers remain obligated to maintain existing
voice telephony service in these specific geographic areas unless and
until a discontinuance
[[Page 134]]
is granted pursuant to Sec.63.71 of this chapter.
(e) For the purposes of this section, the term facilities means any
physical components of the telecommunications network that are used in
the transmission or routing of the services that are designated for
support pursuant to subpart B of this part.
(f) For the purposes of this section, the term ``own facilities''
includes, but is not limited to, facilities obtained as unbundled
network elements pursuant to part 51 of this chapter, provided that such
facilities meet the definition of the term ``facilities'' under this
subpart.
(g) A state commission shall not require a common carrier, in order
to satisfy the requirements of paragraph (d)(1) of this section, to use
facilities that are located within the relevant service area, as long as
the carrier uses facilities to provide the services designated for
support pursuant to subpart B of this part within the service area.
(h) A state commission shall not designate a common carrier as an
eligible telecommunications carrier for purposes of receiving support
only under subpart E of this part unless the carrier seeking such
designation has demonstrated that it is financially and technically
capable of providing the supported Lifeline service in compliance with
subpart E of this part.
(i) A state commission shall not designate as an eligible
telecommunications carrier a telecommunications carrier that offers the
services supported by federal universal service support mechanisms
exclusively through the resale of another carrier's services.
[62 FR 32948, June 17, 1997, as amended at 63 FR 2125, Jan. 13, 1998; 64
FR 62123, Nov. 16, 1999; 71 FR 65750, Nov. 9, 2006; 77 FR 12966, Mar. 2,
2012; 80 FR 4476, Jan. 27, 2015; 80 FR 40935, July 14, 2015; 81 FR
33089, May 24, 2016; 84 FR 71327, Dec. 27, 2019]
Sec.54.202 Additional requirements for Commission designation
of eligible telecommunications carriers.
(a) In order to be designated an eligible telecommunications carrier
under section 214(e)(6), any common carrier in its application must:
(1)(i) Certify that it will comply with the service requirements
applicable to the support that it receives.
(ii) Submit a five-year plan that describes with specificity
proposed improvements or upgrades to the applicant's network throughout
its proposed service area. Each applicant shall estimate the area and
population that will be served as a result of the improvements. Except,
a common carrier seeking designation as an eligible telecommunications
carrier in order to provide supported services only under subpart E of
this part does not need to submit such a five-year plan.
(2) Demonstrate its ability to remain functional in emergency
situations, including a demonstration that it has a reasonable amount of
back-up power to ensure functionality without an external power source,
is able to reroute traffic around damaged facilities, and is capable of
managing traffic spikes resulting from emergency situations.
(3) Demonstrate that it will satisfy applicable consumer protection
and service quality standards. A commitment by wireless applicants to
comply with the Cellular Telecommunications and Internet Association's
Consumer Code for Wireless Service will satisfy this requirement. Other
commitments will be considered on a case-by-case basis.
(4) For common carriers seeking designation as an eligible
telecommunications carrier for purposes of receiving support only under
subpart E of this part, demonstrate that it is financially and
technically capable of providing the Lifeline service in compliance with
subpart E of this part.
(5) For common carriers seeking designation as an eligible
telecommunications carrier for purposes of receiving support only under
subpart E of this part, submit information describing the terms and
conditions of any voice telephony service plans offered to Lifeline
subscribers, including details on the number of minutes provided as part
of the plan, additional charges, if any, for toll calls, and rates for
each such plan. To the extent the eligible telecommunications carrier
offers plans to Lifeline subscribers that are generally available to the
public, it
[[Page 135]]
may provide summary information regarding such plans, such as a link to
a public Web site outlining the terms and conditions of such plans.
(6) For common carriers seeking designation as an eligible
telecommunications carrier for purposes of receiving support only under
subpart E of this part, submit information describing the terms and
conditions of any broadband Internet access service plans offered to
Lifeline subscribers, including details on the speeds offered, data
usage allotments, additional charges for particular uses, if any, and
rates for each such plan. To the extent the eligible telecommunications
carrier offers plans to Lifeline subscribers that are generally
available to the public, it may provide summary information regarding
such plans, such as a link to a public Web site outlining the terms and
conditions of such plans.
(b) Public interest standard. Prior to designating an eligible
telecommunications carrier pursuant to section 214(e)(6), the Commission
determines that such designation is in the public interest.
(c) A common carrier seeking designation as an eligible
telecommunications carrier under section 214(e)(6) for any part of
Tribal lands shall provide a copy of its petition to the affected tribal
government and tribal regulatory authority, as applicable, at the time
it files its petition with the Federal Communications Commission. In
addition, the Commission shall send any public notice seeking comment on
any petition for designation as an eligible telecommunications carrier
on Tribal lands, at the time it is released, to the affected tribal
government and tribal regulatory authority, as applicable, by the most
expeditious means available.
[77 FR 12966, Mar. 2, 2012, as amended at 81 FR 33089, May 24, 2016; 84
FR 71327, Dec. 27, 2019]
Sec.54.203 Designation of eligible telecommunications carriers for
unserved areas.
(a) If no common carrier will provide the services that are
supported by federal universal service support mechanisms under section
254(c) of the Act and subpart B of this part to an unserved community or
any portion thereof that requests such service, the Commission, with
respect to interstate services, or a state commission, with respect to
intrastate services, shall determine which common carrier or carriers
are best able to provide such service to the requesting unserved
community or portion thereof and shall order such carrier or carriers to
provide such service for that unserved community or portion thereof.
(b) Any carrier or carriers ordered to provide such service under
this section shall meet the requirements of section 54.201(d) and shall
be designated as an eligible telecommunications carrier for that
community or portion thereof.
Sec.54.205 Relinquishment of universal service.
(a) A state commission shall permit an eligible telecommunications
carrier to relinquish its designation as such a carrier in any area
served by more than one eligible telecommunications carrier. An eligible
telecommunications carrier that seeks to relinquish its eligible
telecommunications carrier designation for an area served by more than
one eligible telecommunications carrier shall give advance notice to the
state commission of such relinquishment.
(b) Prior to permitting a telecommunications carrier designated as
an eligible telecommunications carrier to cease providing universal
service in an area served by more than one eligible telecommunications
carrier, the state commission shall require the remaining eligible
telecommunications carrier or carriers to ensure that all customers
served by the relinquishing carrier will continue to be served, and
shall require sufficient notice to permit the purchase or construction
of adequate facilities by any remaining eligible telecommunications
carrier. The state commission shall establish a time, not to exceed one
year after the state commission approves such relinquishment under this
section, within which such purchase or construction shall be completed.
[81 FR 33089, May 24, 2016, as amended at 84 FR 71327, Dec. 27, 2019]
[[Page 136]]
Sec.54.207 Service areas.
(a) The term service area means a geographic area established by a
state commission for the purpose of determining universal service
obligations and support mechanisms. A service area defines the overall
area for which the carrier shall receive support from federal universal
service support mechanisms.
(b) In the case of a service area served by a rural telephone
company, service area means such company's ``study area'' unless and
until the Commission and the states, after taking into account
recommendations of a Federal-State Joint Board instituted under section
410(c) of the Act, establish a different definition of service area for
such company.
(c) If a state commission proposes to define a service area served
by a rural telephone company to be other than such company's study area,
the Commission will consider that proposed definition in accordance with
the procedures set forth in this paragraph.
(1) A state commission or other party seeking the Commission's
agreement in redefining a service area served by a rural telephone
company shall submit a petition to the Commission. The petition shall
contain:
(i) The definition proposed by the state commission; and
(ii) The state commission's ruling or other official statement
presenting the state commission's reasons for adopting its proposed
definition, including an analysis that takes into account the
recommendations of any Federal-State Joint Board convened to provide
recommendations with respect to the definition of a service area served
by a rural telephone company.
(2) The Commission shall issue a Public Notice of any such petition
within fourteen (14) days of its receipt.
(3) The Commission may initiate a proceeding to consider the
petition within ninety (90) days of the release date of the Public
Notice.
(i) If the Commission initiates a proceeding to consider the
petition, the proposed definition shall not take effect until both the
state commission and the Commission agree upon the definition of a rural
service area, in accordance with paragraph (b) of this section and
section 214(e)(5) of the Act.
(ii) If the Commission does not act on the petition within ninety
(90) days of the release date of the Public Notice, the definition
proposed by the state commission will be deemed approved by the
Commission and shall take effect in accordance with state procedures.
(d) The Commission may, on its own motion, initiate a proceeding to
consider a definition of a service area served by a rural telephone
company that is different from that company's study area. If it proposes
such different definition, the Commission shall seek the agreement of
the state commission according to this paragraph.
(1) The Commission shall submit a petition to the state commission
according to that state commission's procedures. The petition submitted
to the relevant state commission shall contain:
(i) The definition proposed by the Commission; and
(ii) The Commission's decision presenting its reasons for adopting
the proposed definition, including an analysis that takes into account
the recommendations of any Federal-State Joint Board convened to provide
recommendations with respect to the definition of a service area served
by a rural telephone company.
(2) The Commission's proposed definition shall not take effect until
both the state commission and the Commission agree upon the definition
of a rural service area, in accordance with paragraph (b) of this
section and section 214(e)(5) of the Act.
(e) The Commission delegates its authority under paragraphs (c) and
(d) of this section to the Chief, Wireline Competition Bureau.
(f) Geographic flexibility provided for mobile competitive eligible
telecommunications carriers receiving legacy high-cost support. A mobile
competitive eligible telecommunications carrier receiving legacy high-
cost support pursuant to Sec.54.307(e)(5), (6), or (7) for a
particular subsidized service area may use the support for the
provision, maintenance, and upgrading of facilities and services within
any of the designated service
[[Page 137]]
areas for which it or an affiliated mobile competitive eligible
telecommunications carrier (e.g., where several mobile competitive
eligible telecommunications carriers share a common holding company)
receives legacy high-cost support regardless of whether the service
areas span more than one state or territory. This paragraph does not
affect a mobile competitive eligible telecommunications carrier's
obligations and requirements pursuant to Sec. Sec.54.7 and 54.322.
[62 FR 32948, June 17, 1997, as amended at 67 FR 13226, Mar. 21, 2002;
85 FR 75817, Nov. 25, 2020]
Subpart D_Universal Service Support for High Cost Areas
Sec.54.302 Monthly per-line limit on universal service support.
(a) Beginning July 1, 2012 and until June 30, 2013, each study
area's universal service monthly support (not including Connect America
Fund support provided pursuant to Sec.54.304) on a per-line basis
shall not exceed $250 per-line plus two-thirds of the difference between
its uncapped per-line monthly support and $250. Beginning July 1, 2013
and until June 30, 2014, each study area's universal service monthly
support on a per-line basis shall not exceed $250 per-line plus one
third of the difference between its uncapped per-line monthly support
and $250. Beginning July 1, 2014, each study area's universal service
monthly per-line support shall not exceed $250. Beginning July 1, 2019,
until June 30, 2021, each study area's universal service monthly per-
line support shall not exceed $225. Beginning July 1, 2021, each study
area's universal service monthly per-line support shall not exceed $200.
(b) For purposes of this section, universal service support is
defined as the sum of the amounts calculated pursuant to Sec. Sec.
54.1304, 54.1310, 54.305, and 54.901 through 54.904. Line counts for
purposes of this section shall be as of the most recent line counts
reported pursuant to Sec.54.903(a)(1).
(c) The Administrator, in order to limit support for carriers
pursuant to paragraph (a) of this section, shall reduce safety net
additive support, high-cost loop support, safety valve support, and
Connect America Fund Broadband Loop Support in proportion to the
relative amounts of each support the study area would receive absent
such limitation.
[76 FR 73870, Nov. 29, 2011, as amended at 79 FR 39188, July 9, 2014; 82
FR 14339, Mar. 20, 2017; 84 FR 4730, Feb. 19, 2019]
Sec.54.303 Eligible Capital Investment and Operating Expenses.
(a) Eligible Operating Expenses. Each study area's eligible
operating expenses for purposes of calculating universal service support
pursuant to subparts K and M of this part shall be adjusted as follows:
(1) Total eligible annual operating expenses per location shall be
limited as follows: Calculate Exp(Y + 1.5 * mean square error of the
regression), where
Y = [alpha] + [beta]1X1 +
[beta]2X2 + [beta]3X3
[alpha], [beta]1, [beta]2, and [beta]3
are the coefficients from the regression,
X1 is the natural log of the number of housing units in the
study area,
X2 is the natural log of the number of density (number of
housing units per square mile), and
X3 is the square of the natural log of the density
(2) Eligible operating expenses are the sum of Cable and Wire
Facilities Expense, Central Office Equipment Expense, Network Support
and General Expense, Network Operations Expense, Limited Corporate
Operations Expense, Information Origination/Termination Expense, Other
Property Plant and Equipment Expenses, Customer Operations Expense:
Marketing, and Customer Operations Expense: Services.
(3) For purposes of this section, the number of housing units will
be determined per the most recently available U.S Census data for each
census block in that study area. If a census block is partially within a
study area, the number of housing units in that portion of the census
block will be determined based upon the percentage geographic area of
the census block within the study area.
(4) Notwithstanding the provisions of paragraph (a) of this section,
total eligible annual operating expenses for 2016 will be limited to the
total eligible annual operating expenses as defined in
[[Page 138]]
this section plus one half of the amount of total eligible annual
expense as calculated prior to the application of this section.
(5) For any study area subject to the limitation described in this
paragraph, a required percentage reduction will be calculated for that
study area's total eligible annual operating expenses. Each category or
account used to determine that study area's total eligible annual
operating expenses will then be reduced by this required percentage
reduction.
(6) For a period of five years following the implementation of
paragraph (a) of this section, the total eligible annual operating
expenses per location in paragraph (a) shall be adjusted annually to
account for changes to the Department of Commerce's Gross Domestic
Product Chain-type Price Index (GDP-CPI).
(7) For those study areas where a majority of the housing units are
on Tribal lands, as determined by the Wireline Competition Bureau, and
meet the following conditions, total eligible annual operating expenses
per location shall be limited by calculating Exp ([Ycirc] + 2.5 * mean
square error of the regression): The carrier serving the study area has
not deployed broadband service of 10 Mbps download/1 Mbps upload to 90
percent or more of the housing units on the Tribal lands in its study
area and unsubsidized competitors have not deployed broadband service of
10 Mbps download/1 Mbps upload to 85 percent or more of the housing
units on the Tribal lands in its study area.
(b) [Reserved]
[81 FR 24337, Apr. 25, 2016, as amended at 82 FR 14339, Mar. 20, 2017;
82 FR 16127, Apr. 3, 2017; 82 FR 22903, May 19, 2017; 83 FR 18964, May
1, 2018 ;83 FR 30884, July 2, 2018; 84 FR 4730, Feb. 19, 2019]
Editorial Note: At 83 FR 18950, 18964, May 1, 2018, Sec.54.303 was
amended by adding paragraph (a)(6), however, the agency provided two
different (a)(6)'s and we were not sure which one to add correctly, so
the amendment could not be incorporated due to inaccurate amendatory
instruction.
Sec.54.304 Administration of Connect America Fund Intercarrier
Compensation Replacement.
(a) The Administrator shall administer CAF ICC support pursuant to
Sec.51.915 and Sec.51.917 of this chapter.
(b) The funding period is the period beginning July 1 through June
30 of the following year.
(c) For price cap carriers that are eligible and elect, pursuant to
Sec.51.915(f) of this chapter, to receive CAF ICC support, the
following provisions govern the filing of data with the Administrator,
the Commission, and the relevant state commissions and the payment by
the Administrator to those carriers of CAF ICC support amounts that the
carrier is eligible to receive pursuant to Sec.51.915 of this chapter.
(1) A Price Cap Carrier seeking CAF ICC support pursuant to Sec.
51.915 of this chapter shall file data with the Administrator, the
Commission, and the relevant state commissions no later than June 30,
2012, for the first year, and on the date it files its annual access
tariff filing with the Commission, in subsequent years, establishing the
amount of the Price Cap Carrier's eligible CAF ICC funding during the
upcoming funding period pursuant to Sec.51.915 of this chapter. The
amount shall include any true-ups, pursuant to Sec.51.915 of this
chapter, associated with an earlier funding period.
(2) The Administrator shall monthly pay each price cap carrier one-
twelfth (1/12) of the amount the carrier is eligible to receive during
that funding period.
(d) For rate-of-return carriers that are eligible and elect,
pursuant to Sec.51.917(f) of this chapter, to receive CAF ICC support,
the following provisions govern the filing of data with the
Administrator, the Commission, and the relevant state commissions and
the payment by the Administrator to those carriers of CAF ICC support
amounts that the rate-of-return carrier is eligible to receive pursuant
to Sec.51.917 of this chapter.
(1) A Rate-of-Return Carrier seeking CAF ICC support shall file data
with the Administrator, the Commission, and the relevant state
commissions no later than June 30, 2012, for the first year, and on the
date it files its annual
[[Page 139]]
access tariff filing with the Commission, in subsequent years,
establishing the Rate-of-Return Carrier's projected eligibility for CAF
ICC funding during the upcoming funding period pursuant to Sec.51.917
of this chapter. The projected amount shall include any true-ups,
pursuant to Sec.51.917 of this chapter, associated with an earlier
funding period.
(2) The Administrator shall monthly pay each rate-of-return carrier
one-twelfth (1/12) of the amount the carrier is to be eligible to
receive during that funding period.
[76 FR 73871, Nov. 29, 2011, as amended at 78 FR 26268, May 6, 2013]
Sec.54.305 Sale or transfer of exchanges.
(a) The provisions of this section shall not be used to determine
support for any price cap incumbent local exchange carrier or a rate-of-
return carrier, as that term is defined in Sec.54.5, that is
affiliated with a price cap incumbent local exchange carrier.
(b) Beginning January 1, 2012, any carrier subject to the provisions
of this paragraph shall receive support pursuant to this paragraph or
support based on the actual costs of the acquired exchanges, whichever
is less. Except as provided in paragraph (c) of this section, a carrier
that acquires telephone exchanges from an unaffiliated carrier shall
receive universal service support for the acquired exchanges at the same
per-line support levels for which those exchanges were eligible prior to
the transfer of the exchanges. If the acquired exchanges are
incorporated into an existing rural incumbent local exchange carrier
study area, the rural incumbent local exchange carrier shall maintain
the costs associated with the acquired exchanges separate from the costs
associated with its pre-acquisition study area. The transferred
exchanges may be eligible for safety valve support for loop related
costs pursuant to paragraph (d) of this section.
(c) A carrier that has entered into a binding agreement to buy or
acquire exchanges from an unaffiliated carrier prior to May 7, 1997 will
receive universal service support for the newly acquired lines based
upon the average cost of all of its lines, both those newly acquired and
those it had prior to execution of the sales agreement.
(d) Transferred exchanges in study areas operated by rural telephone
companies that are subject to the limitations on loop-related universal
service support in paragraph (b) of this section may be eligible for a
safety valve loop cost expense adjustment based on the difference
between the rural incumbent local exchange carrier's index year expense
adjustment and subsequent year loop cost expense adjustments for the
acquired exchanges. Safety valve loop cost expense adjustments shall
only be available to rural incumbent local exchange carriers that, in
the absence of restrictions on high-cost loop support in paragraph (b)
of this section, would qualify for high-cost loop support for the
acquired exchanges under Sec.54.1310.
(1) For carriers that buy or acquire telephone exchanges on or after
January 10, 2005, from an unaffiliated carrier, the index year expense
adjustment for the acquiring carrier's first year of operation shall
equal the selling carrier's loop-related expense adjustment for the
transferred exchanges for the 12-month period prior to the transfer of
the exchanges. At the acquiring carrier's option, the first year of
operation for the transferred exchanges, for purposes of calculating
safety valve support, shall commence at the beginning of either the
first calendar year or the next calendar quarter following the transfer
of exchanges. For the first year of operation, a loop cost expense
adjustment, using the costs of the acquired exchanges submitted in
accordance with Sec. Sec.54.1305 and 54.1306, shall be calculated
pursuant to Sec.54.1310 and then compared to the index year expense
adjustment. Safety valve support for the first period of operation will
then be calculated pursuant to paragraph (d)(3) of this section. The
index year expense adjustment for years after the first year of
operation shall be determined using cost data for the first year of
operation of the transferred exchanges. Such cost data for the first
year of operation shall be calculated in accordance with Sec. Sec.
54.1305, 54.1306, and 54.1310. For each year, ending on the same
calendar quarter as the first year of operation, a loop cost expense
adjustment, using the loop
[[Page 140]]
costs of the acquired exchanges, shall be submitted and calculated
pursuant to Sec. Sec.54.1305, 54.1306, and 54.1310 and will be
compared to the index year expense adjustment. Safety valve support for
the second year of operation and thereafter will then be calculated
pursuant to paragraph (d)(3) of this section.
(2) For carriers that bought or acquired exchanges from an
unaffiliated carrier before January 10, 2005, and are not subject to the
exception in paragraph (c) of this section, the index year expense
adjustment for acquired exchange(s) shall be equal to the rural
incumbent local exchange carrier's high-cost loop expense adjustment for
the acquired exchanges calculated for the carrier's first year of
operation of the acquired exchange(s). At the carrier's option, the
first year of operation of the transferred exchanges shall commence at
the beginning of either the first calendar year or the next calendar
quarter following the transfer of exchanges. The index year expense
adjustment shall be determined using cost data for the acquired
exchange(s) submitted in accordance with Sec. Sec.54.1305 and 54.1306
and shall be calculated in accordance with Sec.54.1310. The index year
expense adjustment for rural telephone companies that have operated
exchanges subject to this section for more than a full year on August 8,
2014 shall be based on loop cost data submitted in accordance with Sec.
54.1306 for the year ending on the nearest calendar quarter following
August 8, 2014. For each subsequent year, ending on the same calendar
quarter as the index year, a loop cost expense adjustment, using the
costs of the acquired exchanges, will be calculated pursuant to Sec.
54.1310 and will be compared to the index year expense adjustment.
Safety valve support is calculated pursuant to paragraph (d)(3) of this
section.
(3) Up to fifty (50) percent of any positive difference between the
transferred exchanges loop cost expense adjustment and the index year
expense adjustment will be designated as the transferred exchange's
safety valve loop cost expense adjustment and will be available in
addition to the per-line loop-related support transferred from the
selling carrier to the acquiring carrier pursuant to paragraph (b) of
this section. In no event shall a study area's safety valve loop cost
expense adjustment exceed the difference between the carrier's study
area loop cost expense adjustment calculated pursuant to Sec.54.1310
and transferred support amounts available to the acquired exchange(s)
under paragraph (b) of this section. Safety valve support shall not
transfer with acquired exchanges.
(e) The sum of the safety valve loop cost expense adjustment for all
eligible study areas operated by rural telephone companies shall not
exceed five (5) percent of the total rural incumbent local exchange
carrier portion of the annual nationwide loop cost expense adjustment
calculated pursuant to Sec.54.1302. The five (5) percent cap on the
safety valve mechanism shall be based on the lesser of the rural
incumbent local exchange carrier portion of the annual nationwide loop
cost expense adjustment calculated pursuant to Sec.54.1302 or the sum
of rural incumbent local exchange carrier expense adjustments calculated
pursuant to Sec.54.1310. The percentage multiplier used to derive
study area safety valve loop cost expense adjustments for rural
telephone companies shall be the lesser of fifty (50) percent or a
percentage calculated to produce the maximum total safety valve loop
cost expense adjustment for all eligible study areas pursuant to this
paragraph. The safety valve loop cost expense adjustment of an
individual rural incumbent local exchange carrier also may be further
reduced as described in paragraph (d)(3) of this section.
(f) Once an acquisition is complete, the acquiring rural incumbent
local exchange carrier shall provide written notice to the Administrator
that it has acquired access lines that may be eligible for safety valve
support. Rural telephone companies also shall provide written notice to
the Administrator defining their index year for those years after the
first year of operation for purposes of calculating the safety valve
loop cost expense adjustment.
[70 FR 10060, Mar. 2, 2005, as amended at 76 FR 73871, Nov. 29, 2011; 79
FR 39188, July 9, 2014; 81 FR 24339, Apr. 25, 2016]
[[Page 141]]
Sec.54.306 Alaska Plan for Rate-of-Return Carriers Serving Alaska.
(a) Election of support. For purposes of subparts A, B, C, D, H, I,
J, K and M of this part, rate-of-return carriers (as that term is
defined in Sec.54.5) serving Alaska have a one-time option to elect to
participate in the Alaska Plan on a state-wide basis. Carriers
exercising this option shall receive the lesser of;
(1) Support as described in paragraph (c) of this section or
(2) $3,000 annually for each line for which the carrier is receiving
support as of the effective date of this rule.
(b) Performance plans. In order to receive support pursuant to this
section, a rate-of-return carrier must be subject to a performance plan
approved by the Wireline Competition Bureau. The performance plan must
indicate specific deployment obligations and performance requirements
sufficient to demonstrate that support is being used in the public
interest and in accordance with the requirements adopted by the
Commission for the Alaska Plan. Performance plans must commit to offer
specified minimum speeds to a set number of locations by the end of the
fifth year of support and by the end of the tenth year of support, or in
the alternative commit to maintaining voice and Internet service at a
specified minimum speeds for the 10-year term. The Bureau may reassess
performance plans at the end of the fifth year of support. If the
specific deployment obligations and performance requirements in the
approved performance plan are not achieved, the carrier shall be subject
to Sec.54.320(c) and (d).
(c) Support amounts and support term. For a period of 10 years
beginning on or after January 1, 2017, at a date set by the Wireline
Competition Bureau, each Alaska Plan participant shall receive monthly
Alaska Plan support in an amount equal to:
(1) One-twelfth (1/12) of the amount of Interstate Common Line
Support disbursed to that carrier for 2011, less any reduction made to
that carrier's support in 2012 pursuant to the corporate operations
expense limit in effect in 2012, and without regard to prior period
adjustments related to years other than 2011 and as determined by USAC
on January 31, 2012; plus
(2) One-twelfth (1/12) of the total expense adjustment (high cost
loop support) disbursed to that carrier for 2011, without regard to
prior period adjustments related to years other than 2011 and as
determined by USAC on January 31, 2012.
(d) Transfers. Notwithstanding any provisions of Sec.54.305 or
other sections in this part, to the extent an Alaska Plan participant
(as defined in Sec.54.306 or Sec.54.317) transfers some or all of
its customers in Alaska to another eligible telecommunications carrier,
it may also transfer a proportionate amount of its Alaska Plan support
and any associated performance obligations as determined by the Wireline
Competition Bureau or Wireless Telecommunications Bureau if the
acquiring eligible telecommunications carrier certifies it will meet the
associated obligations agreed to in the approved performance plan.
[81 FR 69712, Oct. 7, 2016]
Sec.54.307 Support to a competitive eligible telecommunications
carrier.
(a) Calculation of support. A competitive eligible
telecommunications carrier shall receive universal service support to
the extent that the competitive eligible telecommunications carrier
captures the subscriber lines of an incumbent local exchange carrier
(LEC) or serves new subscriber lines in the incumbent LEC's service
area.
(1) A competitive eligible telecommunications carrier serving loops
in the service area of a rural incumbent local exchange carrier, as that
term is defined in Sec.54.5 of this chapter, shall receive support for
each line it serves in a particular service area based on the support
the incumbent LEC would receive for each such line, disaggregated by
cost zone if disaggregation zones have been established within the
service area pursuant to Sec.54.315 of this subpart. A competitive
eligible telecommunications carrier serving loops in the service area of
a non-rural incumbent local exchange carrier shall receive support for
each line it serves in a particular wire center based on the support the
incumbent LEC would receive for each such line. A competitive eligible
telecommunications carrier serving loops in the
[[Page 142]]
service area of a rate-of-return carrier shall be eligible to receive
Interstate Common Line Support for each line it serves in the service
area in accordance with the formula in Sec.54.901.
(2) A competitive eligible telecommunications carrier that uses
switching purchased as unbundled network elements pursuant to Sec.
51.307 of this chapter to provide the supported services shall receive
the lesser of the unbundled network element price for switching or the
per-line DEM support of the incumbent LEC, if any. A competitive
eligible telecommunications carrier that uses loops purchased as
unbundled network elements pursuant to Sec.51.307 of this chapter to
provide the supported services shall receive the lesser of the unbundled
network element price for the loop or the incumbent LEC's per-line
payment from the high-cost loop support, LTS, and Interstate Common Line
Support mechanisms, if any. The incumbent LEC providing
nondiscriminatory access to unbundled network elements to such
competitive eligible telecommunications carrier shall receive the
difference between the level of universal service support provided to
the competitive eligible telecommunications carrier and the per-customer
level of support that the incumbent LEC would have received.
(3) A competitive eligible telecommunications carrier that provides
the supported services using neither unbundled network elements
purchased pursuant to Sec.51.307 of this chapter nor wholesale service
purchased pursuant to section 251(c)(4) of the Act will receive the full
amount of universal service support that the incumbent LEC would have
received for that customer.
(b) In order to receive support pursuant to this subpart, a
competitive eligible telecommunications carrier must report to the
Administrator the number of working loops it serves in a service area
pursuant to the schedule set forth in paragraph (c) of this section. For
a competitive eligible telecommunications carrier serving loops in the
service area of a rural incumbent local exchange carrier, as that term
is defined in Sec.54.5, the carrier must report, by customer class,
the number of working loops it serves in the service area, disaggregated
by cost zone if disaggregation zones have been established within the
service area pursuant to Sec.54.315. For a competitive eligible
telecommunications carrier serving loops in the service area of a non-
rural telephone company, the carrier must report the number of working
loops it serves in the service area, by customer class if the non-rural
telephone company receives Interstate Common Line Support pursuant to
Sec.54.901 and by disaggregation zone if disaggregation zones have
been established within the service area pursuant to Sec.54.315 of
this subpart, and the number of working loops it serves in each wire
center in the service area. For universal service support purposes,
working loops are defined as the number of working Exchange Line C&WF
loops used jointly for exchange and message telecommunications service,
including C&WF subscriber lines associated with pay telephones in C&WF
Category 1, but excluding WATS closed end access and TWX service.
Competitive eligible telecommunications carriers providing mobile
wireless service in an incumbent LEC's service area shall use the
customer's billing address for purposes of identifying the service
location of a mobile wireless customer in a service area.
(c) A competitive eligible telecommunications carrier must submit
the data required pursuant to paragraph (b) of this section according to
the schedule.
(1) No later than July 31st of each year, submit data as of December
31st of the previous calendar year;
(2) No later than September 30th of each year, submit data as of
March 31st of the existing calendar year;
(3) No later than December 30th of each year, submit data as of June
30th of the existing calendar year;
(4) No later than March 30th of each year, submit data as of
September 30th of the previous calendar year.
(d) Newly designated eligible telecommunications carriers.
Notwithstanding the deadlines in paragraph (c) of this section, a
carrier shall be eligible to receive support as of the effective date of
its designation as an eligible telecommunications carrier under section
214(e)(2) or (e)(6), provided that
[[Page 143]]
it submits the data required pursuant to paragraph (b) of this section
within 60 days of that effective date. Thereafter, the eligible
telecommunications carrier must submit the data required in paragraph
(b) of this section pursuant to the schedule in paragraph (c) of this
section.
(e) Support Beginning January 1, 2012. Competitive eligible
telecommunications carriers will, beginning January 1, 2012, receive
support based on the methodology described in this paragraph and not
based on paragraph (a) of this section.
(1) Baseline Support Amount. Each competitive eligible
telecommunication carrier will have a ``baseline support amount'' equal
to its total 2011 support in a given study area, or an amount equal to
$3,000 times the number of reported lines for 2011, whichever is lower.
Each competitive eligible telecommunications carrier will have a
``monthly baseline support amount'' equal to its baseline support amount
divided by twelve.
(i) ``Total 2011 support'' is the amount of support disbursed to a
competitive eligible telecommunication carrier for 2011, without regard
to prior period adjustments related to years other than 2011 and as
determined by the Administrator on January 31, 2012.
(ii) For the purpose of calculating the $3,000 per line limit, the
average of lines reported by a competitive eligible telecommunication
carrier pursuant to line count filings required for December 31, 2010,
and December 31, 2011 shall be used. The $3,000 per line limit shall be
applied to support amounts determined for each incumbent study area
served by the competitive eligible telecommunications carrier.
(2) Monthly support amounts. Competitive eligible telecommunications
carriers shall receive the following support amounts, except as provided
in paragraphs (e)(3) through (7) of this section.
(i) From January 1, 2012, to June 30, 2012, each competitive
eligible telecommunications carrier shall receive its monthly baseline
support amount each month.
(ii) From July 1, 2012 to June 30, 2013, each competitive eligible
telecommunications carrier shall receive 80 percent of its monthly
baseline support amount each month.
(iii) Beginning July 1, 2013, each competitive eligible
telecommunications carrier shall receive 60 percent of its monthly
baseline support amount each month.
(3) Delayed Phase Down for Remote Areas in Alaska. Certain
competitive eligible telecommunications carriers serving remote areas in
Alaska shall have their support phased down on a later schedule than
that described in paragraph (e)(2) of this section.
(i) Remote Areas in Alaska. For the purpose of this paragraph,
``remote areas in Alaska'' includes all of Alaska except;
(A) The ACS-Anchorage incumbent study area;
(B) The ACS-Juneau incumbent study area;
(C) The fairbankszone1 disaggregation zone in the ACS-Fairbanks
incumbent study area; and
(D) The Chugiak 1 and 2 and Eagle River 1 and 2 disaggregation zones
of the Matunuska Telephone Association incumbent study area.
(ii) Carriers Subject to Delayed Phase Down. A competitive eligible
telecommunications carrier shall be subject to the delayed phase down
described in paragraph (e)(3) of this section to the extent that it
serves remote areas in Alaska, and it certified that it served covered
locations in its September 30, 2011, filing of line counts with the
Administrator. To the extent a competitive eligible telecommunications
carrier serving Alaska is not subject to the delayed phase down, it will
be subject to the phase down of support on the schedule described in
paragraph (e)(2) of this section.
(iii) Baseline for Delayed Phase Down. For purpose of the delayed
phase down for remote areas in Alaska, the baseline amount for each
competitive eligible telecommunications carrier subject to the delayed
phase down shall be the annualized monthly support amount received for
June 2014 or the last full month prior to the implementation of Mobility
Fund Phase II, whichever is later.
(iv) Monthly Support Amounts. Competitive eligible
telecommunications carriers subject to the delayed phase
[[Page 144]]
down for remote areas in Alaska shall receive the following support
amounts, except as provided in paragraphs (e)(4) through (e)(6) of this
section.
(A) From July 1, 2014 to June 30, 2015, each competitive eligible
telecommunications carrier shall receive 80 percent of its monthly
baseline support amount each month.
(B) From July 1, 2015, to June 30, 2016, each competitive eligible
telecommunications carrier shall receive 60 percent of its monthly
baseline support amount each month.
(C) From July 1, 2016, to June 30, 2017, each competitive eligible
telecommunications carrier shall receive 40 percent of its monthly
baseline support amount each month.
(D) From July 1, 2017, to June 30, 2018, each competitive eligible
telecommunications carrier shall receive 20 percent of its monthly
baseline support amount each month.
(E) Beginning July 1, 2018, no competitive eligible
telecommunications carrier serving remote areas in Alaska shall receive
universal service support pursuant to this section.
(v) Interim Support for Remote Areas in Alaska. From January 1,
2012, until June 30, 2014 or the last full month prior to the
implementation of Mobility Fund Phase II, whichever is later,
competitive eligible telecommunications carriers subject to the delayed
phase down for remote areas in Alaska shall continue to receive the
support, as calculated by the Administrator, that each competitive
telecommunications carrier would have received under the frozen per-line
support amount as of December 31, 2011 capped at $3,000 per year,
provided that the total amount of support for all such competitive
eligible telecommunications carriers shall be capped pursuant to
paragraph (e)(3)(v)(A) of this section.
(A) Cap Amount. The total amount of support available on an annual
basis for competitive eligible telecommunications carriers subject to
the delayed phase down for remote areas in Alaska shall be equal to the
sum of ``total 2011 support,'' as defined in paragraph (e)(1)(i) of this
section, received by all competitive eligible telecommunications
carriers subject to the delayed phase down for serving remote areas in
Alaska.
(B) Reduction Factor. To effectuate the cap, the Administrator shall
apply a reduction factor as necessary to the support that would
otherwise be received by all competitive eligible telecommunications
carriers serving remote areas in Alaska subject to the delayed phase
down. The reduction factor will be calculated by dividing the total
amount of support available amount by the total support amount
calculated for those carriers in the absence of the cap.
(4) Further reductions. If a competitive eligible telecommunications
carrier ceases to provide services to high-cost areas it had previously
served, the Commission may reduce its baseline support amount.
(5) Eligibility for interim support before 5G Fund Phase I auction.
Beginning the first day of the month following the effective date of the
Report and Order, FCC 20-150, a competitive eligible telecommunications
carrier that receives support pursuant to paragraph (a) or (e)(2) of
this section shall no longer receive such support and shall instead
receive support as described in this paragraph.
(i) A competitive eligible telecommunications carrier that is not a
mobile competitive eligible telecommunications carrier, as that term is
defined in Sec.54.5, shall no longer receive monthly baseline support.
(ii) Until the first day of the month following the release of a
public notice by the Office of Economics and Analytics and Wireline
Competition Bureau announcing the final areas eligible for support in
the 5G Fund Phase I auction:
(A) A mobile competitive eligible telecommunications carrier that
receives support pursuant to paragraph (a) of this section shall receive
``monthly baseline support'' in an amount equal to one-twelfth (\1/12\)
of its total support received for the preceding 12-month period.
(B) A mobile competitive eligible telecommunications carrier that
receives support pursuant to paragraph (e)(2) of this section shall
receive support at the same level described in paragraph (e)(2)(iii) of
this section.
[[Page 145]]
(iii) Beginning the first day of the month following the release of
a public notice by the Office of Economics and Analytics and Wireline
Competition Bureau announcing the final areas eligible for support in
the 5G Fund Phase I auction and until the first day of the month
following release of a public notice announcing the close of the 5G Fund
Phase I auction, a mobile competitive eligible telecommunications
carrier that receives support pursuant to paragraph (e)(5)(ii) of this
section for any such eligible area shall receive an adjusted,
disaggregated amount of monthly support for that area, which shall be
calculated by multiplying the monthly support level described in
paragraph (e)(5)(ii) of this section by the areal percentage of the
eligible portion of the competitive eligible telecommunications
carrier's service area, weighted by applying the 5G Fund adjustment
factor methodology and values adopted by the Office of Economics and
Analytics and Wireline Competition Bureau and announced in a public
notice.
(iv) Beginning the first day of the month following the release of a
public notice by the Office of Economics and Analytics and Wireline
Competition Bureau announcing the final areas eligible for support in
the 5G Fund Phase I auction, a mobile competitive eligible
telecommunications carrier that receives support pursuant paragraph
(e)(5)(ii) of this section for any ineligible area shall receive an
adjusted, disaggregated amount of monthly support for that area, which
shall be calculated by multiplying the monthly support level described
in paragraph (e)(5)(ii) of this section by the areal percentage of the
ineligible portion of the competitive eligible telecommunications
carrier's service area, weighted by applying the 5G Fund adjustment
factor methodology and values adopted by the Office of Economics and
Analytics and Wireline Competition Bureau and announced in a public
notice, and reduced as follows:
(A) For the first 12 months, each mobile competitive eligible
telecommunications carrier shall receive monthly support that is two-
thirds (\2/3\) of the level described in paragraph (e)(5)(iv) of this
section for the ineligible area.
(B) For 12 months starting the first day of the month following the
period described in paragraph (e)(5)(iv)(A) of this section, each mobile
competitive eligible telecommunications carrier shall receive monthly
support that is one-third (\1/3\) of the level described in paragraphs
(e)(5)(iv) of this section for the ineligible area.
(C) Following the period described in paragraph (e)(5)(iv)(B) of
this section, no mobile competitive eligible telecommunications carrier
shall receive monthly support for any ineligible area pursuant to this
section.
(6) Eligibility for support after 5G Fund Phase I auction. (i)
Notwithstanding the schedule described in paragraph (e)(5)(iii) of this
section, a mobile competitive eligible telecommunications carrier that
receives monthly support pursuant to paragraph (e)(5)(iii) of this
section and is a winning bidder in the 5G Fund Phase I auction shall
continue to receive support at the same level it was receiving support
for such area at the time of the release of a public notice announcing
the close of the 5G Fund Phase I auction until such time as the Office
of Economics and Analytics and Wireline Competition Bureau determine
whether or not to authorize the carrier to receive 5G Fund Phase I
support.
(A) Upon the Office of Economics and Analytics and Wireline
Competition Bureau's release of a public notice approving a mobile
competitive eligible telecommunications carrier's application for
support submitted pursuant to Sec.54.1014(b) and authorizing the
carrier to receive 5G Fund Phase I support, the carrier shall no longer
receive support at the level of monthly support described in paragraph
(e)(5)(iii) of this section for such area. Thereafter, the carrier shall
receive monthly support in the amount of its 5G Fund Phase I winning bid
pursuant to Sec.54.1017, provided that the Administrator shall
decrease the amount of the carrier's support to the extent necessary to
account for any support the carrier received during the period between
the close of the 5G Fund Phase I auction and the release of the public
notice authorizing the carrier to receive 5G Fund Phase I support.
[[Page 146]]
(B) A mobile competitive eligible telecommunications carrier that is
a winning bidder in the 5G Fund Phase I auction but is not subsequently
authorized to receive 5G Fund Phase I support shall no longer receive
support at the level of monthly support described in paragraph
(e)(5)(iii) of this section for such area following the determination
not to authorize the carrier for 5G Fund Phase I support. Thereafter,
the carrier shall receive monthly support as set forth in paragraph
(e)(6)(iv) of this section for such area, provided that the
Administrator shall decrease the amount of the carrier's support to the
extent necessary to account for any support the carrier received during
the period between the close of the 5G Fund Phase I auction and the
Office of Economics and Analytics and Wireline Competition Bureau's
authorization determination.
(ii) A mobile competitive eligible telecommunications carrier that
does not receive monthly support pursuant to this section and is a
winning bidder in the 5G Fund Phase I auction shall receive monthly
support pursuant to Sec.54.1017.
(iii) A mobile eligible telecommunications carrier that receives
monthly support pursuant to paragraph (e)(5)(iii) of this section for an
area for which support is not won in the 5G Fund Phase I auction shall
continue to receive support at the level of monthly support described in
paragraph (e)(5)(iii) of this section provided that it is the carrier
receiving the minimum level of sustainable support for the area, but for
no more than 60 months from the first day of the month following the
release of a public notice by the Office of Economics and Analytics and
Wireline Competition Bureau announcing the close of the 5G Fund Phase I
auction. The ``minimum level of sustainable support'' is the lowest
monthly support received by a mobile competitive eligible
telecommunications carrier for the area that has deployed the highest
level of technology (e.g., 5G) within the state encompassing the area.
(iv) All other mobile competitive eligible telecommunications
carriers that receive monthly support pursuant to paragraph (e)(5)(iii)
of this section for eligible areas shall instead receive the following
monthly support amounts for such areas:
(A) For 12 months starting the first day of the month following
release of a public notice announcing the close of the 5G Fund Phase I
auction, each mobile competitive eligible telecommunications carrier
shall receive monthly support that is two-thirds (\2/3\) of the level
described in paragraph (e)(5)(iii) of this section for the area.
(B) For 12 months starting the month following the period described
in paragraph (e)(6)(iv)(A) of this section, each mobile competitive
eligible telecommunications carrier shall receive monthly support that
is one-third (\1/3\) of the level described in paragraph (e)(5)(iii) of
this section for the area.
(C) Following the period described in paragraph (e)(6)(iv)(B) of
this section, no mobile competitive eligible telecommunications carrier
shall receive monthly support for the area pursuant to this section.
(7) Eligibility for support after 5G Fund Phase II auction. (i)
Notwithstanding the schedule described in paragraphs (e)(6)(iii) or (iv)
of this section, a mobile competitive eligible telecommunications
carrier that receives monthly support pursuant to paragraphs (e)(6)(iii)
or (iv) of this section, as applicable, and is a winning bidder in the
5G Fund Phase II auction shall receive support at the same level it was
receiving support for such area at the time of the release of a public
notice announcing the close of the 5G Fund Phase II auction until such
time as the Office of Economics and Analytics and Wireline Competition
Bureau determine whether or not to authorize the carrier to receive 5G
Fund Phase II support.
(A) Upon the Office of Economics and Analytics and Wireline
Competition Bureau's release of a public notice approving a mobile
competitive eligible telecommunications carrier's application for
support submitted pursuant to Sec.54.1014(b) and authorizing the
carrier to receive 5G Fund Phase II support, the carrier shall no longer
receive support at the level of monthly support pursuant to this section
for such area. Thereafter, the carrier shall receive monthly support in
the amount of its 5G Fund Phase II winning bid pursuant
[[Page 147]]
to Sec.54.1017, provided that the Administrator shall decrease the
amount of the carrier's support to the extent necessary to account for
any support the carrier received during the period between the close of
the 5G Fund Phase II auction and the release of the public notice
authorizing the carrier to receive 5G Fund Phase II support.
(B) A mobile competitive eligible telecommunications carrier that is
a winning bidder in the 5G Fund Phase II auction but is not subsequently
authorized to receive 5G Fund Phase II support shall no longer receive
support at the level of monthly support pursuant to paragraph
(e)(6)(iii) or (iv) of this section for such area, as applicable,
following the determination not to authorize the carrier for 5G Fund
Phase II support. Thereafter, the carrier shall receive monthly support
as set forth in paragraphs (e)(7)(iv) or (v) of this section for such
area, as applicable, provided that the Administrator shall decrease the
amount of the carrier's support to the extent necessary to account for
any support received during the period between the close of the 5G Fund
Phase II auction and the Office of Economics and Analytics and Wireline
Competition Bureau's authorization determination.
(ii) A mobile competitive eligible telecommunications carrier that
does not receive monthly support pursuant to this section and is a
winning bidder in the 5G Fund Phase II auction shall receive monthly
support pursuant to Sec.54.1017.
(iii) A mobile competitive eligible telecommunications carrier that
receives monthly support pursuant to paragraph (e)(6)(iii) of this
section for an area for which support is not won in the 5G Fund Phase II
auction shall continue to receive support for that area as described in
paragraph (e)(6)(iii) of this section.
(iv) A mobile competitive eligible telecommunications carrier that
receives monthly support pursuant to paragraph (e)(6)(iii) of this
section for an area for which support is won in the 5G Fund Phase II
auction and for which the carrier is not the winning bidder shall
receive the following monthly support amounts for such areas:
(A) For 12 months starting the first day of the month following
release of a public notice announcing the close of the 5G Fund Phase II
auction, the mobile competitive eligible telecommunications carrier
shall receive monthly support that is two-thirds (\2/3\) of the level
described in paragraph (e)(6)(iii) of this section for the area.
(B) For 12 months starting the month following the period described
in paragraph (e)(7)(iv)(A) of this section, the mobile competitive
eligible telecommunications carrier shall receive monthly support that
is one-third (\1/3\) of the level described in paragraph (e)(6)(iii) of
this section for the area.
(C) Following the period described in paragraph (e)(7)(iv)(B) of
this section, the mobile competitive eligible telecommunications carrier
shall not receive monthly support for the area pursuant to this section.
(v) All other mobile competitive eligible telecommunications
carriers that receive monthly support pursuant to paragraph (e)(6)(iv)
of this section for an area shall continue to receive support for the
area pursuant to that paragraph.
(8) Line Count Filings. Competitive eligible telecommunications
carriers, except those subject to the delayed phase down described in
paragraph (e)(3) of this section, shall no longer be required to file
line counts beginning January 1, 2012. Competitive eligible
telecommunications carriers subject to the delayed phase down described
in paragraph (e)(3) of this section shall no longer be required to file
line counts beginning July 1, 2014, or the date after the first line
count filing following the implementation of Mobility Fund Phase II,
whichever is later.
(9) Eligibility for support after Connect America Phase II auction.
Starting the first day of the month following the first authorization of
Connect America Phase II auction support nationwide, fixed competitive
eligible telecommunications carriers shall have the option of receiving
support pursuant to paragraph (e)(2)(iii) of this section as described
in the following paragraphs (e)(8)(i) through (iv):
(i) For 12 months following the first authorization of Connect
America Phase II auction support nationwide,
[[Page 148]]
each fixed competitive eligible telecommunications carrier shall receive
two-thirds (\2/3\) of the carrier's total support pursuant to paragraph
(e)(2)(iii) of this section.
(ii) For 12 months starting the month following the period described
in paragraph (e)(8)(i) of this section, each fixed competitive eligible
telecommunications carrier shall receive one-third (\1/3\) of the
carrier's total support pursuant to paragraph (e)(2)(iii) of this
section.
(iii) Following the period described in paragraph (e)(8)(ii) of this
section, no fixed competitive eligible telecommunications carrier shall
receive any support pursuant to paragraph (e)(2)(iii) of this section.
(iv) Notwithstanding the foregoing schedule, the phase-down of
support below the level described in paragraph (e)(2)(iii) of this
section shall be subject to the restrictions in Consolidated
Appropriations Act, 2016, Public Law 114-113, Div. E, Title VI, section
631, 129 Stat. 2242, 2470 (2015), unless and until such restrictions are
no longer in effect.
[62 FR 32948, June 17, 1997, as amended at 63 FR 2128, Jan. 13, 1998; 64
FR 67431, Dec. 1, 1999; 65 FR 26516, May 8, 2000; 66 FR 30087, June 5,
2001; 66 FR 59726, Nov. 30, 2001; 68 FR 31623, May 28, 2003; 69 FR
34602, June 22, 2004; 70 FR 29979, May 25, 2005; 76 FR 73871, Nov. 29,
2011; 77 FR 14302, Mar. 9, 2012; 77 FR 30913, May 24, 2012; 77 FR 52618,
Aug. 30, 2012; 82 FR 15449, Mar. 28, 2017; 84 FR 8623, Mar. 11, 2019; 85
FR 75817, Nov. 25, 2020]
Sec.54.308 Broadband public interest obligations for recipients
of high-cost support.
(a) Rate-of-return carrier recipients of high-cost support are
required to offer broadband service, at speeds described below, with
latency suitable for real-time applications, including Voice over
Internet Protocol, and usage capacity that is reasonably comparable to
comparable offerings in urban areas, at rates that are reasonably
comparable to rates for comparable offerings in urban areas. For
purposes of determining reasonable comparability of rates, recipients
are presumed to meet this requirement if they offer rates at or below
the applicable benchmark to be announced annually by public notice
issued by the Wireline Competition Bureau.
(1) Carriers that elect to receive Connect America Fund-Alternative
Connect America Cost Model (CAF-ACAM) support pursuant to Sec.54.311
are required to offer broadband service at actual speeds of at least 10
Mbps downstream/1 Mbps upstream to a defined number of locations as
specified by public notice, with a minimum usage allowance of 150 GB per
month, subject to the requirement that usage allowances remain
consistent with median usage in the United States over the course of the
term. In addition, such carriers must offer other speeds to subsets of
locations, as specified below:
(i) Fully funded locations. Fully funded locations are those
locations identified by the Alternative-Connect America Cost Model (A-
CAM) where the average cost is above the funding benchmark and at or
below the funding cap. Carriers are required to offer broadband speeds
to locations that are fully funded, as specified by public notice at the
time of authorization, as follows:
(A) Carriers with a state-level density of more than 10 housing
units per square mile, as specified by public notice at the time of
election, are required to offer broadband speeds of at least 25 Mbps
downstream/3 Mbps upstream to 75 percent of all fully funded locations
in the state by the end of the ten-year period.
(B) Carriers with a state-level density of 10 or fewer, but more
than five, housing units per square mile, as specified by public notice
at the time of election, are required to offer broadband speeds of at
least 25 Mbps downstream/3 Mbps upstream to 50 percent of fully funded
locations in the state by the end of the ten-year period.
(C) Carriers with a state-level density of five or fewer housing
units per square mile, as specified by public notice at the time of
election, are required to offer broadband speeds of at least 25 Mbps
downstream/3 Mbps upstream to 25 percent of fully funded locations in
the state by the end of the ten-year period.
(ii) Capped locations. Capped locations are those locations in
census blocks for which A-CAM calculates an average
[[Page 149]]
cost per location above the funding cap. Carriers are required to offer
broadband speeds to locations that are receiving capped support, as
specified by public notice at the time of authorization, as follows:
(A) Carriers with a state-level density of more than 10 housing
units per square mile, as specified by public notice at the time of
election, are required to offer broadband speeds of at least 4 Mbps
downstream/1 Mbps upstream to 50 percent of all capped locations in the
state by the end of the ten-year period.
(B) Carriers with a state-level density of 10 or fewer housing units
per square mile, as specified by public notice at the time of election,
are required to offer broadband speeds of at least 4 Mbps downstream/1
Mbps upstream to 25 percent of capped locations in the state by the end
of the ten-year period.
(C) Carriers shall provide to all other capped locations, upon
reasonable request, broadband at actual speeds of at least 4 Mbps
downstream/1 Mbps upstream.
(iii) Revised A-CAM I carriers, as defined by Sec.54.311(a)(2),
must offer the following broadband speeds to locations that are fully
funded, as specified by public notice at the time of the authorizations,
as follows:
(A) Revised A-CAM I carriers with a state-level density of more than
10 housing units per square mile, as specified by public notice at the
time of election, are required to offer broadband speeds of at least 25
Mbps downstream/3 Mbps upstream to 85 percent of all fully funded
locations in the state by the end of the term.
(B) Revised A-CAM I carriers with a state-level density of 10 or
fewer, but more than five, housing units per square mile, as specified
by public notice at the time of election, are required to offer
broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 65
percent of fully funded locations in the state by the end of the term.
(C) Revised A-CAM I carriers with a state-level density of five or
fewer housing units per square mile, as specified by public notice at
the time of election, are required to offer broadband speeds of at least
25 Mbps downstream/3 Mbps upstream to 50 percent of fully funded
locations in the state by the end of the term.
(iv) A-CAM II carriers, as defined by Sec.54.311(a)(3), must offer
broadband speeds of at least 25 Mbps downstream/3 Mbps upstream to 100
percent of fully funded locations in the state by the end of the term,
and therefore have no additional 10/1 Mbps obligation.
(2) Rate-of-return recipients of Connect America Fund Broadband Loop
Support (CAF BLS) shall be required to offer broadband service at actual
speeds of at least 25 Mbps downstream/3 Mbps upstream, over a five-year
period, to a defined number of unserved locations as specified by public
notice, as determined by the following methodology:
(i) Percentage of CAF BLS. Each rate-of-return carrier is required
to target a defined percentage of its five-year forecasted CAF BLS
support to the deployment of broadband service to locations that are
unserved with 25 Mbps downstream/3 Mbps upstream broadband service as
follows:
(A) Rate-of-return carriers with less than 20 percent deployment of
25/3 Mbps broadband service in their study areas, as determined by the
Bureau, will be required to use 35 percent of their five-year forecasted
CAF BLS support to extend broadband service where it is currently
lacking.
(B) Rate-of-return carriers with more than 20 percent but less than
40 percent deployment of 25/3 Mbps broadband service in their study
areas, as determined by the Bureau, will be required to use 25 percent
of their five-year forecasted CAF BLS support to extend broadband
service where it is currently lacking.
(C) Rate-of-return carriers with more than 40 percent deployment of
25/3 Mbps broadband service in their study areas, as determined by the
Bureau, will be required to use 20 percent of their five-year forecasted
CAF BLS support to extend broadband service where it is currently
lacking.
(ii) Cost per location. The deployment obligation shall be
determined by dividing the amount of support set forth in paragraph
(a)(2)(i) of this section by a cost per location figure based on one
[[Page 150]]
of two methodologies, at the carrier's election:
(A) The higher of:
(1) The weighted average unseparated cost per loop for carriers of
similar density that offer 25/3 Mbps or better broadband service to at
least 95 percent of locations, based on the most current FCC Form 477
data as determined by the Bureau, but excluding carriers subject to the
current per-line per-month cap set forth in Sec.54.302 and carriers
subject to limitations on operating expenses set forth in Sec.54.303;
or
(2) 150% of the weighted average of the cost per loop for carriers
of similar density, but excluding carriers subject to the per line per
month cap set forth in Sec.54.302 and carriers subject to limitations
on operating expenses set forth in Sec.54.303, with a similar level of
deployment of 25/3 Mbps or better broadband based on the most current
FCC Form 477 data, as determined by Bureau; or
(B) The average cost per location for census blocks lacking 25/3
Mbps broadband service in the carrier's study area as determined by the
A-CAM.
(iii) Restrictions on deployment obligations. No rate-of-return
carrier shall deploy terrestrial wireline technology in any census block
if doing so would result in total support per line in the study area to
exceed the per-line per-month cap in Sec.54.302.
(iv) Future deployment obligations. Prior to publishing the
deployment obligations for subsequent five-year periods, the
Administrator shall update the unseparated average cost per loop amounts
for carriers with 95 percent or greater deployment of the then-current
standard, based on the then-current NECA cost data, and the Wireline
Competition Bureau shall examine the density groupings and make any
necessary adjustments based on then-current U.S. Census data.
(b) Rate-of-return carrier recipients of high-cost support are
required upon reasonable request to bid on category one
telecommunications and Internet access services in response to a posted
FCC Form 470 seeking broadband service that meets the connectivity
targets for the schools and libraries universal service support program
for eligible schools and libraries (as described in Sec.54.501) within
that carrier's service area. Such bids must be at rates reasonably
comparable to rates charged to eligible schools and libraries in urban
areas for comparable offerings.
(c) Alaskan rate-of-return carriers receiving support from the
Alaska Plan pursuant to Sec.54.306 are exempt from paragraph (a) of
this section and are instead required to offer voice and broadband
service with latency suitable for real-time applications, including
Voice over Internet Protocol, and usage capacity that is reasonably
comparable to comparable offerings in urban areas, at rates that are
reasonably comparable to rates for comparable offerings in urban areas,
subject to any limitations in access to backhaul as described in Sec.
w(g). Alaska Plan recipients' specific broadband deployment and speed
obligations shall be governed by the terms of their approved performance
plans as described in Sec.54.306(b). Alaska Plan recipients must also
comply with paragraph (b) of this section.
(d) Mobile carriers that are receiving support from the Alaska Plan
pursuant to Sec.54.317(e) shall certify in their annual compliance
filings that their rates are reasonably comparable to rates for
comparable offerings in urban areas. The mobile carrier must also
demonstrate compliance at the end of the five-year milestone and 10-year
milestone and may do this by showing that its required stand-alone voice
plan, and one service plan that offers broadband data services, if it
offers such plans, are:
(1) Substantially similar to a service plan offered by at least one
mobile wireless service provider in the cellular market area (CMA) for
Anchorage, Alaska, and
(2) Offered for the same or a lower rate than the matching plan in
the CMA for Anchorage.
[80 FR 4477, Jan. 27, 2015, as amended at 80 FR 5987, Feb. 4, 2015; 81
FR 24339, Apr. 25, 2016; 81 FR 69712, Oct. 7, 2016; 82 FR 14339, Mar.
20, 2017; 84 FR 4730, Feb. 19, 2019]
Sec.54.309 Connect America Fund Phase II Public Interest Obligations.
(a) Recipients of Connect America Phase II support are required to
offer
[[Page 151]]
broadband service with latency suitable for real-time applications,
including Voice over Internet Protocol, and usage capacity that is
reasonably comparable to comparable offerings in urban areas, at rates
that are reasonably comparable to rates for comparable offerings in
urban areas. For purposes of determining reasonable comparable usage
capacity, recipients are presumed to meet this requirement if they meet
or exceed the usage level announced by public notice issued by the
Wireline Competition Bureau. For purposes of determining reasonable
comparability of rates, recipients are presumed to meet this requirement
if they offer rates at or below the applicable benchmark to be announced
annually by public notice issued by the Wireline Competition Bureau, or
no more than the non-promotional prices charged for a comparable fixed
wireline service in urban areas in the state or U.S. Territory where the
eligible telecommunications carrier receives support.
(1) Recipients of Connect America Phase II model-based support are
required to offer broadband service at actual speeds of at least 10 Mbps
downstream/1 Mbps upstream.
(2) Recipients of Connect America Phase II support awarded through a
competitive bidding process are required to offer broadband service
meeting the performance standards required in bid tiers based on
performance standards.
(i) Winning bidders meeting the minimum performance tier standards
are required to offer broadband service at actual speeds of 10 Mbps
downstream and 1 Mbps upstream and to offer at least 150 gigabytes of
monthly usage.
(ii) Winning bidders meeting the baseline performance tier standards
are required to offer broadband service at actual speeds of at least 25
Mbps downstream and 3 Mbps upstream and offer a minimum usage allowance
of 150 GB per month, or that reflects the average usage of a majority of
fixed broadband customers, using Measuring Broadband America data or a
similar data source, whichever is higher, and announced annually by
public notice issued by the Wireline Competition Bureau over the 10-year
term.
(iii) Winning bidders meeting the above-baseline performance tier
standards are required to offer broadband service at actual speeds of at
least 100 Mbps downstream and 20 Mbps upstream and offer at least 2
terabytes of monthly usage.
(iv) Winning bidders meeting the Gigabit performance tier standards
are required to offer broadband service at actual speeds of at least 1
Gigabit per second downstream and 500 Mbps upstream and offer at least 2
terabytes of monthly usage.
(v) For each of the tiers in paragraphs (a)(2)(i) through (iv) of
this section, bidders are required to meet one of two latency
performance levels:
(A) Low latency bidders will be required to meet 95 percent or more
of all peak period measurements of network round trip latency at or
below 100 milliseconds; and
(B) High latency bidders will be required to meet 95 percent or more
of all peak period measurements of network round trip latency at or
below 750 ms and, with respect to voice performance, demonstrate a score
of four or higher using the Mean Opinion Score (MOS).
(b) Recipients of Connect America Phase II model-based support,
recipients of Phase II Connect America support awarded through a
competitive bidding process, and non-contiguous price cap carriers
receiving Phase II frozen support in lieu of model-based support are
required to bid on category one telecommunications and Internet access
services in response to a posted FCC Form 470 seeking broadband service
that meets the connectivity targets for the schools and libraries
universal service support program for eligible schools and libraries (as
described in Sec.54.501) located within any area in a census block
where the carrier is receiving Phase II model-based support. Such bids
must be at rates reasonably comparable to rates charged to eligible
schools and libraries in urban areas for comparable offerings.
[80 FR 4477, Jan. 27, 2015, as amended at 80 FR 5987, Feb. 4, 2015; 81
FR 44448, July 7, 2016; 83 FR 23380, May 21, 2018]
[[Page 152]]
Sec.54.310 Connect America Fund for Price Cap Territories--Phase II.
(a) Geographic areas eligible for support. Connect America Phase II
support may be made available for census blocks or other areas
identified as eligible by public notice, including locations identified
by the forward-looking cost model as extremely high-cost. The number of
supported locations will be identified for each area eligible for
support will be identified by public notice.
(b) Term of support. Connect America Phase II model-based support
shall be provided to price cap carriers that elect to make a state-level
commitment for six years. Connect America Phase II support awarded
through a competitive bidding process shall be provided for ten years.
(c) Deployment obligation. Recipients of Connect America Phase II
model-based support must complete deployment to 40 percent of supported
locations by December 31, 2017, to 60 percent of supported locations by
December 31, 2018, to 80 percent of supported locations by December 31,
2019, and to 100 percent of supported locations by December 31, 2020.
Recipients of Connect America Phase II awarded through a competitive
bidding process must complete deployment to 40 percent of supported
locations by the end of the third year, to 60 percent of supported
locations by the end of the fourth year, to 80 percent of supported
locations by the end of the fifth year, and to 100 percent of supported
locations by the end of the sixth year. Compliance shall be determined
based on the total number of supported locations in a state.
(1) For purposes of meeting the obligation to deploy to the
requisite number of supported locations in a state, recipients of
Connect America Phase II model-based support may serve unserved
locations in census blocks with costs above the extremely high-cost
threshold instead of locations in eligible census blocks, provided that
they meet the public interest obligations set forth in Sec.54.309(a)
introductory text and (a)(1) for those locations and provided that the
total number of locations covered is greater than or equal to the number
of supported locations in the state.
(2) Recipients of Connect America Phase II support may elect to
deploy to 95 percent of the number of supported locations in a given
state with a corresponding reduction in support computed based on the
average support per location in the state times 1.89.
(d) Disbursement of Phase II funding. An eligible telecommunications
carrier will be advised by public notice when it is authorized to
receive support. The public notice will detail how disbursements will be
made.
(e) Provider eligibility. Any eligible telecommunications carrier is
eligible to receive Connect America Phase II support in eligible areas.
(1) An entity may obtain eligible telecommunications carrier
designation after public notice of winning bidders in a competitive
bidding process for the offer of Phase II Connect America support. An
applicant in the competitive bidding process shall certify that it is
financially and technically qualified to provide the services supported
by Connect America Phase II in order to receive such support.
(2) To the extent an applicant in the competitive bidding process
seeks eligible telecommunications carrier designation prior to public
notice of winning bidders for Phase II Connect America support, its
designation as an eligible telecommunications carrier may be conditional
subject to the receipt of Phase II Connect America support.
(f) Transition to model-based support. Eligible telecommunications
carriers electing model-based support in states where that support is
less than their Phase I frozen support will transition to model-based
support as follows: In addition to model-based support, in the first
year of Phase II, they will receive 75% of the difference between Phase
I frozen support and model-based support; in the second year of Phase
II, they will receive 50% of the difference between Phase I frozen
support and model-based support; and in the third year of Phase II, they
will receive 25% of the difference between Phase I frozen support and
model-based support.
(g) Extended term of model-based support. Eligible
telecommunications carriers receiving model-based support may elect to
receive a seventh year of
[[Page 153]]
such support. An eligible telecommunications carrier electing to receive
this additional year of support makes a state-level commitment to
maintain the required voice and broadband services in the areas for
which it receives support during this extended term. The Wireline
Competition Bureau will implement a mechanism to enable an eligible
telecommunications carrier to elect whether to receive an additional
seventh year of support.
(h) Transition to Rural Digital Opportunity Fund support. (1) In
areas where the eligible telecommunications carrier elects to receive an
optional seventh year of model-based support pursuant to paragraph (g)
of this section, it shall receive such support for a full calendar year,
regardless of the disposition of these areas in the Rural Digital
Opportunity Fund auction.
(i) If the eligible telecommunications carrier becomes the winning
bidder in the Rural Digital Opportunity Fund auction in these areas, it
shall continue to receive model-based support through December 31, 2021.
Thereafter, it shall receive monthly support in the amount of its Rural
Digital Opportunity Fund winning bid.
(ii) If another provider is the winning bidder in the Rural Digital
Opportunity Fund auction in these areas, the new provider shall receive
monthly support in the amount of its Rural Digital Opportunity Fund
winning bid starting the first day of the month following its
authorization by the Wireline Competition Bureau. The eligible
telecommunications carrier shall continue to receive model-based support
for these areas through December 31, 2021.
(iii) If there is no authorized Rural Digital Opportunity Fund
auction support recipient in these areas or if these areas are deemed
ineligible for the Rural Digital Opportunity Fund auction, the eligible
telecommunications carrier shall continue to receive model-based support
for these areas through December 31, 2021. Thereafter, it shall receive
no additional support.
(2) In areas where the eligible telecommunications carrier declines
to receive an optional seventh year of model-based support pursuant to
paragraph (g) of this section, it shall cease receiving model-based
support for these areas on December 31, 2020.
[79 FR 11335, Feb. 28, 2014, as amended at 79 FR 39188, July 9, 2014; 80
FR 4477, Jan. 27, 2015; 81 FR 44449, July 7, 2016; 85 FR 13797, Mar. 10,
2020]
Sec.54.311 Connect America Fund Alternative-Connect America Cost
Model Support.
(a) Voluntary election of model-based support. A rate-of-return
carrier (as that term is defined in Sec.54.5) receiving support
pursuant to subparts K or M of this part shall have the opportunity to
voluntarily elect, on a state-level basis, to receive Connect America
Fund-Alternative Connect America Cost Model (CAF-ACAM) support as
calculated by the Alternative-Connect America Cost Model (A-CAM) adopted
by the Commission in lieu of support calculated pursuant to subparts K
or M of this part. Any rate-of-return carrier not electing support
pursuant to this section shall continue to receive support calculated
pursuant to those mechanisms as specified in Commission rules for high-
cost support.
(1) For the purposes of this section, ``A-CAM I'' refers to carriers
initially authorized to receive CAF-ACAM support as of January 24, 2017,
including any carriers that later elected revised offers, except for
carriers described in paragraph (a)(2) of this section. For such
carriers, the first program year of CAF-ACAM is 2017.
(2) For the purposes of this section, ``Revised A-CAM I'' refers to
carriers initially authorized to receive CAF-ACAM support as of January
24, 2017, and were subsequently authorized to receive CAF-ACAM pursuant
to a revised offer after January 1, 2019. For such carriers, the first
program year of CAF-ACAM is 2017.
(3) For the purposes of this section, ``A-CAM II'' refers to
carriers first authorized to receive A-CAM support after January 1,
2019. For such carriers, the first program year of CAF-ACAM is 2019.
(b) Geographic areas eligible for support. CAF-ACAM model-based
support will be made available for a specific number of locations in
census blocks identified as eligible for each carrier by public notice.
The eligible areas and
[[Page 154]]
number of locations for each state identified by the public notice shall
not change during the term of support identified in paragraph (c) of
this section.
(c) Term of support. CAF-ACAM model-based support shall be provided
to A-CAM I carriers for a term that extends until December 31, 2026, and
to Revised A-CAM I and A-CAM II carriers for a term that extends until
December 31, 2028.
(d) Interim deployment milestones. Recipients of CAF-ACAM model-
based support must meet the following interim milestones with respect to
their deployment obligations set forth in Sec.54.308(a)(1)(i) of this
subpart. Compliance shall be determined based on the total number of
fully funded locations in a state. Carriers that complete deployment to
at least 95 percent of the requisite number of locations will be deemed
to be in compliance with their deployment obligations. The remaining
locations that receive capped support are subject to the standard
specified in Sec.54.308(a)(1)(ii).
(1) A-CAM I and Revised A-CAM I carriers must complete deployment of
10/1 Mbps service to a number of eligible locations equal to 40 percent
of fully funded locations by the end of 2020, to 50 percent of fully
funded locations by the end of 2021, to 60 percent of fully funded
locations by the end of 2022, to 70 percent of fully funded locations by
the end of 2023, to 80 percent of fully funded locations by the end of
2024, to 90 percent of fully funded locations by the end of 2025, and to
100 percent of fully funded locations by the end of 2026. By the end of
2026, A-CAM I carriers must complete deployment of broadband meeting a
standard of at least 25 Mbps downstream/3 Mbps upstream to the requisite
number of locations specified in Sec.54.308(a)(1)(i). For Revised A-
CAM I carriers, the deployment milestones for 10/1 Mbps service
described in this paragraph shall be based on the number of locations
that were fully funded pursuant to authorizations made prior to January
1, 2019.
(2) Revised A-CAM I and A-CAM II carriers must complete deployment
of 25/3 Mbps service to a number of eligible locations equal to 40
percent of locations required by Sec.54.308(a)(1) of this subpart by
the end of 2022, 50 percent of requisite locations by the end of 2023,
60 percent of requisite locations by the end of 2024, 70 percent of
requisite location by the end of 2025, 80 percent of requisite locations
by the end of 2026, 90 percent of requisite locations by the end of
2027, and 100 percent of requisite locations by the end of 2028.
(e) Transition to CAF-ACAM Support. An A-CAM I, Revised A-CAM I, or
A-CAM II carrier whose final model-based support is less than the
carrier's legacy rate-of-return support in its base year as defined in
paragraph (e)(4) of this section, will transition as follows:
(1) If the difference between a carrier's model-based support and
its base year support, as determined by paragraph (e)(4) of this
section, is ten percent or less, it will receive, in addition to model-
based support, 50 percent of that difference in program year one, and
then will receive model support in program years two through ten.
(2) If the difference between a carrier's model-based support and
its base year support, as determined in paragraph (e)(4) of this
section, is 25 percent or less, but more than 10 percent, it will
receive, in addition to model-based support, an additional transition
payment for up to four years, and then will receive model support in
program years five through ten. The transition payments will be phased-
down 20 percent per year, provided that each phase-down amount is at
least five percent of the total base year support amount. If 20 percent
of the difference between a carrier's model-based support and base year
support is less than five percent of the total base year support amount,
the transition payments will be phased-down five percent of the total
base year support amount each year.
(3) If the difference between a carrier's model-based support and
its base year support, as determined in paragraph (e)(4) of this
section, is more than 25 percent, it will receive, in addition to model-
based support, an additional transition payment for up to nine years,
and then will receive model support in year ten. The transition payments
will be phased-down ten percent per year, provided that each
[[Page 155]]
phase-down amount is at least five percent of the total base year
support amount. If ten percent of the difference between a carrier's
model-based support and its base year support is less than five percent
of the total base year support amount, the transition payments will be
phased-down five percent of the total base year support amount each
year.
(4) The carrier's base year support for purposes of the calculation
of transition payments is:
(i) For A-CAM I and Revised A-CAM I carriers, the amount of high-
cost loop support and interstate common line support disbursed to the
carrier for 2015 without regard to prior period adjustments related to
years other than 2015, as determined by the Administrator as of January
31, 2016 and publicly announced prior to the election period for the
voluntary path to the model; and
(ii) For A-CAM II carriers, the amount of high-cost loop support and
Connect America Fund--Broadband Loop Support disbursed to the carrier
for 2018 without regard to prior period adjustments related to years
other than 2018, as determined by the Administrator as of January 31,
2019 and publicly announced prior to the election period for the
voluntary path to the model.
81 FR 24340, Apr. 25, 2016, as amended at 82 FR 14339, Mar. 20, 2017; 84
FR 4731, Feb. 19, 2019]
Sec.54.312 Connect America Fund for Price Cap Territories--Phase I.
(a) Frozen High-Cost Support. Beginning January 1, 2012, each price
cap local exchange carrier and rate-of-return carrier affiliated with a
price cap local exchange carrier will have a ``baseline support amount''
equal to its total 2011 support in a given study area, or an amount
equal to $3,000 times the number of reported lines for 2011, whichever
is lower. For purposes of this section, price cap carriers are defined
pursuant to Sec.61.3(aa) of this chapter and affiliated companies are
determined by Sec.32.9000 of this chapter. Each price cap local
exchange carrier and rate-of-return carrier affiliated with a price cap
local exchange carrier will have a ``monthly baseline support amount''
equal to its baseline support amount divided by twelve. Beginning
January 1, 2012, on a monthly basis, eligible carriers will receive
their monthly baseline support amount.
(1) ``Total 2011 support'' is the amount of support disbursed to a
price cap local exchange carrier or rate-of-return carrier affiliated
with a price cap local exchange carrier for 2011, without regard to
prior period adjustments related to years other than 2011 and as
determined by USAC on January 31, 2012.
(2) For the purpose of calculating the $3,000 per line limit, the
average of lines reported by a price cap local exchange carrier or rate-
of-return carrier affiliated with a price cap local exchange carrier
pursuant to line count filings required for December 31, 2010, and
December 31, 2011 shall be used.
(3) A carrier receiving frozen high cost support under this rule
shall be deemed to be receiving Interstate Access Support and Interstate
Common Line Support equal to the amount of support the carrier to which
the carrier was eligible under those mechanisms in 2011.
(b) Incremental Support in 2012. From January 1, 2012, to December
31, 2012, support in addition to baseline support defined in paragraph
(a) of this section will be available for certain price cap local
exchange carriers and rate-of-return carriers affiliated with price cap
local exchange carriers as follows.
(1) For each carrier for which the Wireline Competition Bureau
determines that it has appropriate data or for which it determines that
it can make reasonable estimates, the Bureau will determine an average
per-location cost for each wire center using a simplified cost-
estimation function derived from the Commission's cost model.
Incremental support will be based on the wire centers for which the
estimated per-location cost exceeds the funding threshold. The funding
threshold will be determined by calculating which funding threshold
would allocate all available incremental support, if each carrier that
would be offered incremental support were to accept it.
(2) An eligible telecommunications carrier accepting incremental
support must deploy broadband to a number of unserved locations, as
shown as
[[Page 156]]
unserved by fixed broadband on the then-current version of the National
Broadband Map, equal to the amount of incremental support it accepts
divided by $775.
(3) A carrier may elect to accept or decline incremental support. A
holding company may do so on a holding-company basis on behalf of its
operating companies that are eligible telecommunications carriers, whose
eligibility for incremental support, for these purposes, shall be
considered on an aggregated basis. A carrier must provide notice to the
Commission, relevant state commissions, and any affected Tribal
government, stating the amount of incremental support it wishes to
accept and identifying the areas by wire center and census block in
which the designated eligible telecommunications carrier will deploy
broadband to meet its deployment obligation, or stating that it declines
incremental support. Such notification must be made within 90 days of
being notified of any incremental support for which it would be
eligible. Along with its notification, a carrier accepting incremental
support must also submit a certification that the locations to be served
to satisfy the deployment obligation are not shown as served by fixed
broadband provided by any entity other than the certifying entity or its
affiliate on the then-current version of the National Broadband Map;
that, to the best of the carrier's knowledge, the locations are, in
fact, unserved by fixed broadband; that the carrier's current capital
improvement plan did not already include plans to complete broadband
deployment within the next three years to the locations to be counted to
satisfy the deployment obligation; and that incremental support will not
be used to satisfy any merger commitment or similar regulatory
obligation. If a carrier intends to deploy to census blocks not
initially identified at the time of election, it must inform the
Commission, the Administrator, relevant state commissions, and any
affected Tribal government of the change at least 90 days prior to
commencing deployment in the new census blocks. No sooner than 46 days
after the Wireline Competition Bureau issues a public notice announcing
the updated deployment plans but prior to commencing deployment, the
carrier must make the certifications described in this paragraph with
respect to the new census blocks. If a carrier no longer intends to
deploy to a previously identified census block, it must inform the
Commission, the Administrator, relevant state commission, and any
affected Tribal government prior to filing its certification pursuant to
Sec.54.313(b)(2).
(c) Incremental Support in 2013. From January 1, 2013, to December
31, 2013, support in addition to baseline support defined in paragraph
(a) of this section will be available for certain price cap local
exchange carriers and rate-of-return carriers affiliated with price cap
local exchange carriers as follows:
(1) For each carrier for which the Wireline Competition Bureau
determines that it has appropriate data or for which it determines that
it can make reasonable estimates, the Bureau will determine an average
per-location cost for each wire center using a simplified cost-
estimation function derived from the Commission's high-cost proxy model.
Incremental support will be based on the wire centers for which the
estimated per-location cost exceeds the funding threshold. The funding
threshold will be determined by calculating which funding threshold
would allocate all available incremental support, if each carrier that
would be offered incremental support were to accept it.
(2) An eligible telecommunications carrier accepting incremental
support must deploy broadband to a number of unserved locations, shown
as unserved by fixed Internet access with speeds of at least 768 kbps
downstream and 200 kbps upstream on the then-current version of the
National Broadband Map, equal to the amount of incremental support it
accepts divided by $775.
(3) An eligible telecommunications carrier must accept funding
pursuant to paragraph (c)(2) of this section before it may accept
funding pursuant to paragraph (c)(3) of this section. If an eligible
telecommunications carrier has committed to deploy to all locations
eligible for support under paragraph (c)(2) of this section on routes or
[[Page 157]]
projects that can economically be built with $775 in Connect America
funding for each location unserved by 768 kbps downstream and 200 kbps
upstream plus an equal amount of non-Connect America carrier capital
expenditure funding, but the carrier has not fully utilized its allotted
funding, it may also count towards its deployment obligation locations
shown as unserved by fixed Internet access with speeds of at least 3
Mbps downstream and 768 kbps upstream equal to the amount of remaining
incremental support divided by $550.
(4) A carrier may elect to accept or decline incremental support. A
holding company may do so on a holding-company basis on behalf of its
operating companies that are eligible telecommunications carriers, whose
eligibility for incremental support, for these purposes, shall be
considered on an aggregated basis. A carrier must provide notice to the
Commission, the Administrator, relevant state commissions, and any
affected Tribal government, stating the amount of incremental support it
wishes to accept, the number of locations at the $775 amount, and the
number of locations at the $550 amount, and identifying the areas by
wire center and census block in which the designated eligible
telecommunications carrier will deploy broadband to meet its deployment
obligation; or stating that it declines incremental support. Such
notification must be made within 75 days of being notified of any
incremental support for which it would be eligible. If a carrier intends
to deploy to census blocks not initially identified at the time of
election, it must inform the Commission, the Administrator, relevant
state commissions, and any affected Tribal government of the change at
least 90 days prior to commencing deployment in the new census blocks.
No sooner than 46 days after the Wireline Competition Bureau issues a
public notice announcing the updated deployment plans but prior to
commencing deployment, the carrier must make the certifications
described in paragraph (c)(5) of this section with respect to the new
census blocks. If a carrier no longer intends to deploy to a previously
identified census block, it must inform the Commission, the
Administrator, relevant state commission, and any affected Tribal
government prior to filing its certification pursuant to Sec.
54.313(b)(2).
(5) Along with its notification, an eligible telecommunications
carrier accepting incremental support must submit the following
certifications:
(i) The locations to be served to satisfy the deployment obligation
are not shown as served by fixed broadband at the speeds specified in
paragraph (c)(2) or (c)(3) of this section provided by any entity other
than the certifying entity or its affiliate on the then-current version
of the National Broadband Map or that it is challenging the National
Broadband Map's designation of that census block under the challenge
process in paragraph (c)(7) of this section;
(ii) To the best of the carrier's knowledge, the locations are, in
fact, unserved by fixed Internet access with speeds of at least 3 Mbps
downstream and 768 kbps upstream, or 768 kbps downstream and 200 kbps
upstream, as appropriate;
(iii) The carrier's current capital improvement plan did not already
include plans to complete broadband deployment within the next three
years to the locations to be counted to satisfy the deployment
obligation;
(iv) Incremental support will not be used to satisfy any merger
commitment or similar regulatory obligation; and
(v) The carrier has undertaken due diligence to determine the
locations in question are not within the service area of either
Broadband Initiatives Program or the Broadband Technology Opportunities
Program projects that will provide Internet access with speeds of at
least 3 Mbps downstream and 768 upstream.
(6) An eligible telecommunications carrier deploying to locations
unserved by 3 Mbps downstream and 768 kbps upstream under paragraph
(c)(3) of this section must also certify that it has prioritized its
planned projects or routes so as to maximize the deployment of
broadband-capable infrastructure to locations lacking Internet access
with speeds of 768 kbps downstream and 200 kbps upstream.
(7) A person may challenge the designation of a census block as
served or
[[Page 158]]
unserved by a certain speed as shown on the National Broadband Map. When
the Wireline Competition Bureau determines that the evidence presented
makes it more likely than not that the census block should be designated
as served by broadband with speeds of at least 3 Mbps downstream and 768
kbps upstream, that locations in that census block will be treated as
served by broadband and therefore ineligible to be counted for the
purposes of paragraph (c)(3) of this section. When the Wireline
Competition Bureau determines that the evidence presented makes it more
likely than not that the census block should be designated as served by
Internet service with speeds of 768 kbps downstream and 200 kbps
upstream, but unserved by broadband with speeds of at least 3 Mbps
downstream and 768 kbps upstream, locations in that census block will be
treated as served by Internet access with speeds of 768 kbps downstream
and 200 kbps upstream and therefore eligible to be counted for the
purposes of paragraph (c)(3) of this section. When the Wireline
Competition Bureau determines that the evidence presented makes it more
likely than not that the census block should be designated as unserved
by Internet service with speeds of 768 kbps downstream and 200 kbps
upstream, locations in that census block will be treated as unserved by
Internet access with speeds of 768 kbps downstream and 200 kbps upstream
and therefore eligible to be counted for the purposes of paragraph
(c)(2) of this section.
(8) If no entity other than the carrier or its affiliate provides
Internet service with speeds of 3 Mbps downstream and 768 kbps upstream
or greater as shown on the National Broadband Map or as determined by
the process described in paragraph (c)(7), the carrier may satisfy its
deployment obligations at a location shown by the National Broadband Map
as being served by that carrier or its affiliate with such service by
certifying that it is the only entity providing such service, that the
location does not actually receive speeds of 3 Mbps downstream and 768
kbps upstream, and the location is served through a copper-fed digital
subscriber line access multiplexer. The carrier must specifically
identify such locations in its election. Such locations will be treated
the same as locations under paragraph (c)(3) of this section.
(9) An eligible telecommunications carrier must complete deployment
of broadband-capable infrastructure to two-thirds of the required number
of locations within two years of providing notification of acceptance of
funding, and must complete deployment to all required locations within
three years. To satisfy its deployment obligation, the eligible
telecommunications carrier must offer broadband service to such
locations of at least 4 Mbps downstream and 1 Mbps upstream, with
latency sufficiently low to enable the use of real-time communications,
including Voice over Internet Protocol, and with usage allowances, if
any, associated with a specified price for a service offering that are
reasonably comparable to comparable offerings in urban areas.
(d) Eligibility for support after Connect America Phase II auction.
(1) A price cap carrier that receives monthly baseline support pursuant
to this section and is a winning bidder in the Connect America Phase II
auction shall receive support at the same level as described in
paragraph (a) of this section for such area until the Wireline
Competition Bureau determines whether to authorize the carrier to
receive Connect America Phase II auction support for the same area. Upon
the Wireline Competition Bureau's release of a public notice approving a
price cap carrier's application submitted pursuant to Sec.54.315(b)
and authorizing the carrier to receive Connect America Fund Phase II
auction support, the carrier shall no longer receive support at the
level of monthly baseline support pursuant to this section for such
area. Thereafter, the carrier shall receive monthly support in the
amount of its Connect America Phase II winning bid.
(2) Starting the first day of the month following the first
authorization of Connect America Phase II auction support nationwide, no
price cap carrier that receives monthly baseline support pursuant to
this section shall receive such monthly baseline support for areas that
are ineligible for Connect America Phase II auction support.
[[Page 159]]
(3) To the extent Connect America Phase II auction support is not
awarded at auction for an eligible area, as determined by the Wireline
Competition Bureau, the price cap carrier shall have the option of
continuing to receive support at the level described in paragraph (a) of
this section until further Commission action.
(4) Starting the first day of the month following the authorization
of Connect America Phase II auction support to a winning bidder other
than the price cap carrier that receives monthly baseline support
pursuant to this section for such area, the price cap carrier shall no
longer receive monthly baseline support pursuant to this section.
(5) Notwithstanding the foregoing schedule, the phase-down of
support below the level described in paragraph (a) of this section shall
be subject to the restrictions in Consolidated Appropriations Act, 2016,
Public Law 114-113, Div. E, Title VI, section 631, 129 Stat. 2242, 2470
(2015), unless and until such restrictions are no longer in effect.
(e) Eligibility for support after Rural Digital Opportunity Fund
auction. (1) A price cap carrier that receives monthly baseline support
pursuant to this section and is a winning bidder in the Rural Digital
Opportunity Fund auction shall receive support at the same level as
described in paragraph (a) of this section for such area until the
Wireline Competition Bureau determines whether to authorize the carrier
to receive Rural Digital Opportunity Fund auction support for the same
area. Upon the Wireline Competition Bureau's release of a public notice
approving a price cap carrier's application submitted pursuant to Sec.
54.315(b) and authorizing the carrier to receive Rural Digital
Opportunity Fund auction support, the carrier shall no longer receive
support at the level of monthly baseline support pursuant to this
section for such area. Thereafter, the carrier shall receive monthly
support in the amount of its Rural Digital Opportunity Fund winning bid.
(2) Starting the first day of the month following the release of the
final eligible areas list for the Rural Digital Opportunity Fund
auction, as determined by the Wireline Competition Bureau, no price cap
carrier that receives monthly baseline support pursuant to this section
shall receive such monthly baseline support for areas that are
ineligible for the Rural Digital Opportunity Fund auction.
(3) Starting the first day of the month following the close of Phase
I of the Rural Digital Opportunity Fund auction, no price cap carrier
that receives monthly baseline support pursuant to this section shall
receive such monthly baseline support for areas where Rural Digital
Opportunity Fund auction support is not awarded at auction for an
eligible area.
(4) Starting the first day of the month following the authorization
of Rural Digital Opportunity Fund auction support to a winning bidder
other than the price cap carrier that receives monthly baseline support
pursuant to this section for such area, the price cap carrier shall no
longer receive monthly baseline support pursuant to this section.
[76 FR 73872, Nov. 29, 2011, as amended at 77 FR 31536, May 29, 2012; 78
FR 38233, June 26, 2013; 78 FR 48624, Aug. 9, 2013; 84 FR 8624, Mar. 11,
2019; 85 FR 13797, Mar. 10, 2020]
Sec.54.313 Annual reporting requirements for high-cost recipients.
(a) Any recipient of high-cost support shall provide the following:
(1) Certification that the carrier is able to function in emergency
situations as set forth in Sec.54.202(a)(2);
(2) A certification that the pricing of the company's voice services
is no more than two standard deviations above the applicable national
average urban rate for voice service, as specified in the most recent
public notice issued by the Wireline Competition Bureau and Wireless
Telecommunications Bureau;
(3) A certification that the pricing of a service that meets the
Commission's broadband public interest obligations is no more than the
applicable benchmark to be announced annually in a public notice issued
by the Wireline Competition Bureau, or is no more than the non-
promotional price charged for a comparable fixed wireline service in
urban areas in the states or U.S. Territories where the eligible
telecommunications carrier receives support;
[[Page 160]]
(4) The recipient's holding company, operating companies,
affiliates, and any branding (a ``dba,'' or ``doing-business-as
company'' or brand designation), as well as universal service
identifiers for each such entity by Study Area Codes, as that term is
used by the Administrator. For purposes of this paragraph,
``affiliates'' has the meaning set forth in section 3(2) of the
Communications Act of 1934, as amended;
(5) To the extent the recipient serves Tribal lands, documents or
information demonstrating that the ETC had discussions with Tribal
governments that, at a minimum, included:
(i) A needs assessment and deployment planning with a focus on
Tribal community anchor institutions;
(ii) Feasibility and sustainability planning;
(iii) Marketing services in a culturally sensitive manner;
(iv) Rights of way processes, land use permitting, facilities
siting, environmental and cultural preservation review processes; and
(v) Compliance with Tribal business and licensing requirements.
Tribal business and licensing requirements include business practice
licenses that Tribal and non-Tribal business entities, whether located
on or off Tribal lands, must obtain upon application to the relevant
Tribal government office or division to conduct any business or trade,
or deliver any goods or services to the Tribes, Tribal members, or
Tribal lands. These include certificates of public convenience and
necessity, Tribal business licenses, master licenses, and other related
forms of Tribal government licensure.
(6) The results of network performance tests pursuant to the
methodology and in the format determined by the Wireline Competition
Bureau, Wireless Telecommunications Bureau, and Office of Engineering
and Technology.
(b) In addition to the information and certifications in paragraph
(a) of this section:
(1) Any recipient of incremental Connect America Phase I support
pursuant to Sec.54.312(b) and (c) shall provide:
(i) In its next annual report due after two years after filing a
notice of acceptance of funding pursuant to Sec.54.312(b) and (c), a
certification that the company has deployed to no fewer than two-thirds
of the required number of locations; and
(ii) In its next annual report due after three years after filing a
notice of acceptance of funding pursuant to Sec.54.312(b) and (c), a
certification that the company has deployed to all required locations
and that it is offering broadband service of at least 4 Mbps downstream
and 1 Mbps upstream, with latency sufficiently low to enable the use of
real-time communications, including Voice over Internet Protocol, and
with usage allowances, if any, associated with a specified price for a
service offering that are reasonably comparable to comparable offerings
in urban areas.
(2) In addition to the information and certifications required in
paragraph (b)(1) of this section, any recipient of incremental Connect
America Phase I support pursuant to Sec.54.312(c) shall provide:
(i) In its annual reports due after one, two, and three years after
filing a notice of acceptance of funding pursuant to Sec.54.312(c), a
certification that, to the best of the recipient's knowledge, the
locations in question are not receiving support under the Broadband
Initiatives Program or the Broadband Technology Opportunities Program
for projects that will provide broadband with speeds of at least 4 Mbps/
1 Mbps; and
(ii) In its annual reports due after one, two, and three years after
filing a notice of acceptance of funding pursuant to Sec.54.312(c), a
statement of the total amount of capital funding expended in the
previous year in meeting Connect America Phase I deployment obligations,
accompanied by a list of census blocks indicating where funding was
spent.
(c) In addition to the information and certifications in paragraph
(a) of this section, price cap carriers that receive frozen high-cost
support pursuant to Sec.54.312(a) shall provide:
(1) By July 1, 2013. A certification that frozen high-cost support
the company received in 2012 was used consistent with the goal of
achieving universal availability of voice and broadband;
(2) By July 1, 2014. A certification that at least one-third of the
frozen-high cost support the company received in 2013 was used to build
and operate broadband-capable networks used to offer the provider's own
retail broadband service in areas substantially unserved by an
unsubsidized competitor;
(3) By July 1, 2015. A certification that at least two-thirds of the
frozen-
[[Page 161]]
high cost support the company received in 2014 was used to build and
operate broadband-capable networks used to offer the provider's own
retail broadband service in areas substantially unserved by an
unsubsidized competitor; and
(4) By July 1, 2016 and in subsequent years. A certification that
all frozen-high cost support the company received in the previous year
was used to build and operate broadband-capable networks used to offer
the provider's own retail broadband service in areas substantially
unserved by an unsubsidized competitor.
(d) In addition to the information and certifications in paragraph
(a) of this section, beginning July 1, 2013, price cap carriers
receiving high-cost support to offset reductions in access charges shall
provide a certification that the support received pursuant to Sec.
54.304 in the prior calendar year was used to build and operate
broadband-capable networks used to offer provider's own retail service
in areas substantially unserved by an unsubsidized competitor.
(e) In addition to the information and certifications in paragraph
(a) of this section, the requirements in paragraphs (e)(1) and (2) of
this section apply to recipients of Phase II, Remote Areas Fund, Uniendo
a Puerto Rico Fund Stage 2 fixed support, and Connect USVI Fund Stage 2
fixed support:
(1) Any price cap carrier that elects to receive Connect America
Phase II model-based support shall provide:
(i) On July 1, 2016 a list of the geocoded locations already meeting
the Sec.54.309 public interest obligations at the end of calendar year
2015, and the total amount of Phase II support, if any, the price cap
carrier used for capital expenditures in 2015.
(ii) On July 1, 2017 and every year thereafter ending July 1, 2021,
the following information:
(A) The number, names, and addresses of community anchor
institutions to which the eligible telecommunications carrier newly
began providing access to broadband service in the preceding calendar
year;
(B) The total amount of Phase II support, if any, the price cap
carrier used for capital expenditures in the previous calendar year; and
(C) A certification that it bid on category one telecommunications
and Internet access services in response to all FCC Form 470 postings
seeking broadband service that meets the connectivity targets for the
schools and libraries universal service support program for eligible
schools and libraries (as described in Sec.54.501) located within any
area in a census block where the carrier is receiving Phase II model-
based support, and that such bids were at rates reasonably comparable to
rates charged to eligible schools and libraries in urban areas for
comparable offerings.
(2) Any recipient of Phase II, Remote Areas Fund, Uniendo a Puerto
Rico Fund Stage 2 fixed, or Connect USVI Fund Stage 2 fixed support
awarded through a competitive bidding or application process shall
provide:
(i) Starting the first July 1st after receiving support until the
July 1st after the recipient's support term has ended:
(A) The number, names, and addresses of community anchor
institutions to which the eligible telecommunications carrier newly
began providing access to broadband service in the preceding calendar
year;
(B) The total amount of support, if any, the recipient used for
capital expenditures in the previous calendar year; and
(C) A certification that it bid on category one telecommunications
and Internet access services in response to all FCC Form 470 postings
seeking broadband service that meets the connectivity targets for the
schools and libraries universal service support program for eligible
schools and libraries (as described in Sec.54.501) located within any
area in a census block where the carrier is receiving support awarded
through auction, and that such bids were at rates reasonably comparable
to rates charged to eligible schools and libraries in urban areas for
comparable offerings.
(ii) Starting the first July 1st after receiving support until the
July 1st after the recipient's penultimate year of support, a
certification that the recipient has available funds for all project
costs that will exceed the
[[Page 162]]
amount of support that will be received for the next calendar year.
(iii) Starting the first July 1st after meeting the final service
milestone in Sec.54.310(c) of this chapter until the July 1st after
the Phase II recipient's support term has ended, a certification that
the Phase II-funded network that the Phase II auction recipient operated
in the prior year meets the relevant performance requirements in Sec.
54.309 of this chapter, or that the network that the Remote Areas Fund
recipient operated in the prior year meets the relevant performance
requirements for the Remote Areas Fund.
(f) In addition to the information and certifications in paragraph
(a) of this section, any rate-of-return carrier shall provide:
(1) On July 1, 2016, a list of the geocoded locations already
meeting the Sec.54.309 public interest obligations at the end of
calendar year 2015, and the total amount of Phase II support, if any,
the price cap carrier used for capital expenditures in 2015.
(i) If the rate-of-return carrier is receiving support pursuant to
subparts K and M of this part, a certification that it is taking
reasonable steps to provide upon reasonable request broadband service at
actual speeds of at least 25 Mbps downstream/3 Mbps upstream, with
latency suitable for real-time applications, including Voice over
internet Protocol, and usage capacity that is reasonably comparable to
comparable offerings in urban areas as determined in an annual survey,
and that requests for such service are met within a reasonable amount of
time; if the rate-of-return carrier receives CAF-ACAM support, a
certification that it is meeting the relevant reasonable request
standard; or if the rate-of-return carrier is receiving Alaska Plan
support pursuant to Sec.54.306, a certification that it is offering
broadband service with latency suitable for real-time applications,
including Voice over internet Protocol, and usage capacity that is
reasonably comparable to comparable offerings in urban areas, and at
speeds committed to in its approved performance plan to the locations it
has reported pursuant to Sec.54.316(a), subject to any limitations due
to the availability of backhaul as specified in paragraph (g) of this
section.
(ii) The number, names, and addresses of community anchor
institutions to which the ETC newly began providing access to broadband
service in the preceding calendar year; and
(iii) A certification that it bid on category one telecommunications
and Internet access services in response to all reasonable requests in
posted FCC Form 470s seeking broadband service that meets the
connectivity targets for the schools and libraries universal service
support program for eligible schools and libraries (as described in
Sec.54.501) within its service area, and that such bids were at rates
reasonably comparable to rates charged to eligible schools and libraries
in urban areas for comparable offerings.
(2) Privately held rate-of-return carriers only. A full and complete
annual report of the company's financial condition and operations as of
the end of the preceding fiscal year.
(i) Recipients of loans from the Rural Utility Service (RUS) shall
provide copies of their RUS Operating Report for Telecommunications
Borrowers as filed with the RUS. Such carriers must make their
underlying audit and related workpapers and financial information
available upon request by the Commission, USAC, or the relevant state
commission, relevant authority in a U.S. Territory, or Tribal
government, as appropriate.
(ii) All privately held rate-of-return carriers that are not
recipients of loans from the RUS and whose financial statements are
audited in the ordinary course of business must provide either: A copy
of their audited financial statement; or a financial report in a format
comparable to RUS Operating Report for Telecommunications Borrowers,
accompanied by a copy of a management letter issued by the independent
certified public accountant that performed the company's financial
audit. A carrier choosing the latter option must make its audit and
related workpapers and financial information available upon request by
the Commission, USAC, or the relevant state commission, relevant
authority in a U.S. Territory, or Tribal government, as appropriate.
[[Page 163]]
(iii) All other privately held rate-of-return carriers must provide
either: A copy of their financial statement which has been subject to
review by an independent certified public accountant; or a financial
report in a format comparable to RUS Operating Report for
Telecommunications Borrowers, with the underlying information subjected
to a review by an independent certified public accountant and
accompanied by an officer certification that: The carrier was not
audited in the ordinary course of business for the preceding fiscal
year; and that the reported data are accurate. If the carrier elects the
second option, it must make the review and related workpapers and
financial information available upon request by the Commission, USAC, or
the relevant state commission, relevant authority in a U.S. Territory,
or Tribal government, as appropriate.
(3) For rate-of-return carriers participating in the Alaska Plan,
funding recipients must certify as to whether any terrestrial backhaul
or other satellite backhaul became commercially available in the
previous calendar year in areas that were previously served exclusively
by performance-limiting satellite backhaul. To the extent that such new
terrestrial backhaul facilities are constructed, or other satellite
backhaul become commercially available, or existing facilities improve
sufficiently to meet the relevant speed, latency and capacity
requirements then in effect for broadband service supported by the
Alaska Plan, the funding recipient must provide a description of the
backhaul technology, the date at which that backhaul was made
commercially available to the carrier, and the number of locations that
are newly served by the new terrestrial backhaul or other satellite
backhaul. Within twelve months of the new backhaul facilities becoming
commercially available, funding recipients must certify that they are
offering broadband service with latency suitable for real-time
applications, including Voice over Internet Protocol, and usage capacity
that is reasonably comparable to comparable offerings in urban areas.
Funding recipients' minimum speed deployment obligations will be
reassessed as specified by the Commission.
(4) If applicable, the name of any cost consultant and cost
consulting firm, or other third-party, retained to prepare financial and
operations data disclosures submitted to the National Exchange Carrier
Association (NECA), the Administrator or the Commission pursuant to
subpart D, K, or M of this part.
(5) Rate-of-return carriers receiving support pursuant to the
Alternative Connect America Model or the Alaska Plan, that are not
otherwise required to file count data pursuant to Sec.54.903(a)(1) of
this subpart, must file the line count data required by Sec.
54.903(a)(1).
(g) Areas with no terrestrial backhaul. Carriers without access to
terrestrial backhaul that are compelled to rely exclusively on satellite
backhaul in their study area must certify annually that no terrestrial
backhaul options exist. Any such funding recipients must certify they
offer broadband service at actual speeds of at least 1 Mbps downstream
and 256 kbps upstream within the supported area served by satellite
middle-mile facilities. To the extent that new terrestrial backhaul
facilities are constructed, or existing facilities improve sufficiently
to meet the relevant speed, latency and capacity requirements then in
effect for broadband service supported by the Connect America Fund,
within twelve months of the new backhaul facilities becoming
commercially available, funding recipients must provide the
certifications required in paragraphs (e) or (f) of this section in
full. Carriers subject to this paragraph must comply with all other
requirements set forth in the remaining paragraphs of this section.
These obligations may be modified for carriers participating in the
Alaska Plan.
(h) In their annual reporting due by July 1, 2019 and July 1, 2020,
all incumbent local exchange carrier recipients of high-cost support
must report all of their rates for residential local service for all
portions of their service area, as well as state regulated fees, to the
extent the sum of those rates and fees are below $18, and the number of
lines for
[[Page 164]]
each rate specified. Carriers shall report lines and rates in effect as
of June 1. For purposes of this subsection, state regulated fees shall
be limited to state subscriber line charges, state universal service
fees and mandatory extended area service charges.
(i) All reports pursuant to this section shall be filed with the
Office of the Secretary of the Commission clearly referencing WC Docket
No. 14-58, with the Administrator, and with the relevant state
commissions or relevant authority in a U.S. Territory, or Tribal
governments, as appropriate.
(j) Filing deadlines. (1) In order for a recipient of high-cost
support to continue to receive support for the following calendar year,
or retain its eligible telecommunications carrier designation, it must
submit the annual reporting information required by this section
annually by July 1 of each year. Eligible telecommunications carriers
that file their reports after the July 1 deadline shall receive a
reduction in support pursuant to the following schedule:
(i) An eligible telecommunications carrier that files after the July
1 deadline, but by July 8, will have its support reduced in an amount
equivalent to seven days in support;
(ii) An eligible telecommunications carrier that files on or after
July 9 will have its support reduced on a pro-rata daily basis
equivalent to the period of non-compliance, plus the minimum seven-day
reduction.
(2) Grace period. An eligible telecommunications carrier that
submits the annual reporting information required by this section after
July 1 but before July 5 will not receive a reduction in support if the
eligible telecommunications carrier and its holding company, operating
companies, and affiliates as reported pursuant to paragraph (a)(8) of
this section have not missed the July 1 deadline in any prior year.
(k) This section does not apply to recipients that solely receive
support from Phase I of the Mobility Fund.
(l) In addition to the information and certifications in paragraph
(a) of this section, any competitive eligible telecommunications carrier
participating in the Alaska Plan must provide the following:
(1) Funding recipients that have identified in their approved
performance plans that they rely exclusively on satellite backhaul for a
certain portion of the population in their service area must certify as
to whether any terrestrial backhaul or other satellite backhaul became
commercially available in the previous calendar year in areas that were
previously served exclusively by satellite backhaul. To the extent that
new terrestrial backhaul facilities are constructed or other satellite
backhaul become commercially available, the funding recipient must:
(i) Provide a description of the backhaul technology;
(ii) Provide the date on which that backhaul was made commercially
available to the carrier;
(iii) Provide the number of the population within their service area
that are served by the newly available backhaul option; and
(iv) To the extent the funding recipient has not already committed
to providing 4G LTE at 10/1 Mbps to the population served by the newly
available backhaul by the end of the plan term, submit a revised
performance commitment factoring in the availability of the new backhaul
option no later than the due date of the Form 481 in which they have
certified that such backhaul became commercially available.
(2) [Reserved]
(m) Any price cap carrier or fixed competitive eligible
telecommunications carrier that elects to continue receiving support
pursuant to Sec.54.312(d) or Sec.54.307(e)(2)(iii) shall provide
certifications, starting July 1, 2020 and for each subsequent year they
receive such support, that all such support the company received in the
previous year was used to provide voice service throughout the high-cost
and extremely high-cost census blocks where they continue to have the
federal high-cost eligible telecommunications carrier obligation to
provide voice service pursuant to Sec.54.201(d) at rates that are
reasonably comparable to comparable offerings in urban areas. Any price
cap carrier or fixed competitive eligible telecommunications carrier
that solely receives support pursuant to Sec.54.312(d)
[[Page 165]]
orSec.54.307(e)(2)(iii) in its designated service area shall not be
subject to reporting requirements in any other paragraphs in this
section for such support.
(n) Recipients of Uniendo a Puerto Rico Fund Stage 2 fixed and
mobile support and Connect USVI Fund Stage 2 fixed and mobile support
shall certify that such support was not used for costs that are (or will
be) reimbursed by other sources of support, including Federal or local
government aid or insurance reimbursements; and that support was not
used for other purposes, such as the retirement of company debt
unrelated to eligible expenditures, or other expenses not directly
related to network restoration, hardening, and expansion consistent with
the framework of the Uniendo a Puerto Rico Fund or Connect USVI Fund,
respectively. Recipients of fixed and mobile support from Stage 2 of the
Uniendo a Puerto Rico Fund and the Connect USVI Fund shall certify that
they have conducted an annual review of the documentation required by
Sec.54.1515(a) through (c) to determine the need for and to implement
changes or revisions to disaster preparation and recovery documentation.
(o) Recipients of Uniendo a Puerto Rico Fund or Connect USVI Fund
Stage 2 mobile support shall certify that they are in compliance with
all requirements in this part for receipt of such support to continue
receiving Stage 2 mobile disbursements.
[76 FR 73873, Nov. 29, 2011, as amended at 77 FR 14302, Mar. 9, 2012; 77
FR 30914, May 24, 2012; 78 FR 22201, Apr. 15, 2013; 78 FR 29656, May 21,
2013; 78 FR 3843, Jan. 17, 2013; 78 FR 38233, June 26, 2013; 79 FR
11336, Feb. 28, 2014; 79 FR 39189, July 9, 2014; 80 FR 4477, Jan. 27,
2015; 81 FR 24341, Apr. 25, 2016; 81 FR 44449, July 7, 2016; 81 FR
69713, Oct. 7, 2016; 82 FR 15450, Mar. 28, 2017; 82 FR 39969, Aug. 23,
2017; 83 FR 18964, May 1, 2018; 84 FR 4732, Feb. 19, 2019; 84 FR 8624,
Mar. 11, 2019; 84 FR 19876, May 7, 2019; ;85 FR 59963, Nov. 7, 2019; 85
FR 75819, Nov. 25, 2020]
Effective Date Notes: 1. At 77 FR 14302, Mar. 9, 2012, Sec.
54.313(a)(9) introductory text and (f)(2) were revised. These paragraphs
contain information collection and recordkeeping requirements and will
not become effective until approval has been given by the Office of
Management and Budget.
2. At 79 FR 11336, Feb. 28, 2014, Sec.54.313(e)(1), (e)(2), and
(e)(3) introductory text were revised. These paragraphs contain
information collection and recordkeeping requirements and will not
become effective until approval has been given by the Office of
Management and Budget.
3. At 80 FR 4476, Jan. 27, 2015, Sec.54.313 (a)(12) was added and
(e) was revised. These paragraphs contain information collection and
record keeping requirements and will not become effective until approval
has been given by the Office of Management and Budget.
4. At 85 FR 13797, Mar. 10, 2020, Sec.54.313 was amended by
revising paragraphs (e) introductory text, (e)(2) introductory text and
(e)(2)(iii). These paragraphs have a delayed effective date. For the
convenience of the user, the revised text is set forth as follows:
Sec.54.313 Annual reporting requirements for high-cost recipients.
* * * * *
(e) In addition to the information and certifications in paragraph
(a) of this section, the requirements in paragraphs (e)(1) and (2) of
this section apply to recipients of Phase II, Rural Digital Opportunity
Fund, Uniendo a Puerto Rico Fund Stage 2 fixed support, and Connect USVI
Fund Stage 2 fixed support:
* * * * *
(2) Any recipient of Phase II, Rural Digital Opportunity Fund,
Uniendo a Puerto Rico Fund Stage 2 fixed, or Connect USVI Fund Stage 2
fixed support awarded through a competitive bidding or application
process shall provide:
* * * * *
(iii) Starting the first July 1st after meeting the final service
milestone in Sec.54.310(c) or Sec.54.802(c) of this chapter until
the July 1st after the Phase II recipient's or Rural Digital Opportunity
Fund recipient's support term has ended, a certification that the Phase
II-funded network that the Phase II auction recipient operated in the
prior year meets the relevant performance requirements in Sec.54.309
of this chapter, or that the network that the Rural Digital Opportunity
Fund recipient operated in the prior year meets the relevant performance
requirements in Sec.54.805 for the Rural Digital Opportunity Fund.
5. At 85 FR 75819, Nov. 25, 2020, Sec.54.313 was amended by adding
a new paragraph (n). This paragraph has a delayed effective date, the
added text is set forth to read as follow.
Sec.54.313 Annual reporting requirements for high-cost recipients.
(n) In addition to the information and certifications in paragraph
(a) of this section, a
[[Page 166]]
mobile competitive eligible telecommunications carrier receiving legacy
high-cost support pursuant to Sec.54.307(e)(5), (e)(6), or (e)(7)
shall certify whether it used any support pursuant to Sec.54.207(f),
and if so, whether it used such support in compliance with Sec.54.7.
Sec.54.314 Certification of support for eligible telecommunications carriers.
(a) Certification. States that desire eligible telecommunications
carriers to receive support pursuant to the high-cost program must file
an annual certification with the Administrator and the Commission
stating that all federal high-cost support provided to such carriers
within that State was used in the preceding calendar year and will be
used in the coming calendar year only for the provision, maintenance,
and upgrading of facilities and services for which the support is
intended. High-cost support shall only be provided to the extent that
the State has filed the requisite certification pursuant to this
section.
(b) Carriers not subject to State jurisdiction. An eligible
telecommunications carrier not subject to the jurisdiction of a State
that desires to receive support pursuant to the high-cost program must
file an annual certification with the Administrator and the Commission
stating that all federal high-cost support provided to such carrier was
used in the preceding calendar year and will be used in the coming
calendar year only for the provision, maintenance, and upgrading of
facilities and services for which the support is intended. Support
provided pursuant to the high-cost program shall only be provided to the
extent that the carrier has filed the requisite certification pursuant
to this section.
(c) Certification format. (1) A certification pursuant to this
section may be filed in the form of a letter from the appropriate
regulatory authority for the State, and must be filed with both the
Office of the Secretary of the Commission clearly referencing WC Docket
No. 14-58, and with the Administrator of the high-cost support
mechanism, on or before the deadlines set forth in paragraph (d) of this
section. If provided by the appropriate regulatory authority for the
State, the annual certification must identify which carriers in the
State are eligible to receive federal support during the applicable 12-
month period, and must certify that those carriers only used support
during the preceding calendar year and will only use support in the
coming calendar year for the provision, maintenance, and upgrading of
facilities and services for which support is intended. A State may file
a supplemental certification for carriers not subject to the State's
annual certification. All certificates filed by a State pursuant to this
section shall become part of the public record maintained by the
Commission.
(2) An eligible telecommunications carrier not subject to the
jurisdiction of a State shall file a sworn affidavit executed by a
corporate officer attesting that the carrier only used support during
the preceding calendar year and will only use support in the coming
calendar year for the provision, maintenance, and upgrading of
facilities and services for which support is intended. The affidavit
must be filed with both the Office of the Secretary of the Commission
clearly referencing WC Docket No. 14-58, and with the Administrator of
the high-cost universal service support mechanism, on or before the
deadlines set forth in paragraph (d) of this section. All affidavits
filed pursuant to this section shall become part of the public record
maintained by the Commission.
(d) Filing deadlines. (1) In order for an eligible
telecommunications carrier to receive federal high-cost support, the
state or the eligible telecommunications carrier, if not subject to the
jurisdiction of a state, must file an annual certification, as described
in paragraph (c) of this section, with both the Administrator and the
Commission by October 1 of each year. If a state or eligible
telecommunications carrier files the annual certification after the
October 1 deadline, the carrier subject to the certification shall
receive a reduction in its support pursuant to the following schedule:
(i) An eligible telecommunications carrier subject to certifications
filed after the October 1 deadline, but by October 8, will have its
support reduced in an amount equivalent to seven days in support;
[[Page 167]]
(ii) An eligible telecommunications carrier subject to
certifications filed on or after October 9 will have its support reduced
on a pro-rata daily basis equivalent to the period of non-compliance,
plus the minimum seven-day reduction.
(2) Grace period. If an eligible telecommunications carrier or state
submits the annual certification required by this section after October
1 but before October 5, the eligible telecommunications carrier subject
to the certification will not receive a reduction in support if the
eligible telecommunications carrier and its holding company, operating
companies, and affiliates as reported pursuant to Sec.54.313(a)(8)
have not missed the October 1 deadline in any prior year.
[76 FR 73875, Nov. 29, 2011; 79 FR 39189, July 9, 2014; 80 FR 4477, Jan.
27, 2015]
Sec.54.315 Application process for Connect America Fund phase II support distributed through competitive bidding.
(a) Application to participate in competitive bidding for Phase II
support. In addition to providing information specified in Sec.
1.21001(b) of this chapter and any other information required by the
Commission, an applicant to participate in competitive bidding for Phase
II auction support shall:
(1) Provide ownership information as set forth in Sec.1.2112(a) of
this chapter;
(2) Certify that the applicant is financially and technically
qualified to meet the public interest obligations of Sec.54.309 for
each relevant tier and in each area for which it seeks support;
(3) Disclose its status as an eligible telecommunications carrier to
the extent applicable and certify that it acknowledges that it must be
designated as an eligible telecommunications carrier for the area in
which it will receive support prior to being authorized to receive
support;
(4) Indicate the tier of bids that the applicant plans to make and
describe the technology or technologies that will be used to provide
service for each tier of bid;
(5) Submit any information required to establish eligibility for any
bidding weights adopted by the Commission in an order or public notice;
(6) To the extent that an applicant plans to use spectrum to offer
its voice and broadband services, demonstrate it has the proper
authorizations, if applicable, and access to operate on the spectrum it
intends to use, and that the spectrum resources will be sufficient to
cover peak network usage and deliver the minimum performance
requirements to serve all of the fixed locations in eligible areas, and
certify that it will retain its access to the spectrum for at least 10
years from the date of the funding authorization; and
(7) Submit specified operational and financial information.
(i) Submit a certification that the applicant has provided a voice,
broadband, and/or electric transmission or distribution service for at
least two years or that it is a wholly-owned subsidiary of such an
entity, and specifying the number of years the applicant or its parent
company has been operating, and submit the financial statements from the
prior fiscal year that are audited by a certified public accountant. If
the applicant is not audited in the ordinary course of business, in lieu
of submitting audited financial statements it must certify that it will
provide financial statements from the prior fiscal year that are audited
by a certified independent public accountant by a specified deadline
during the long-form application review process.
(A) If the applicant has provided a voice and/or broadband service
it must certify that it has filed FCC Form 477s as required during this
time period.
(B) If the applicant has operated only an electric transmission or
distribution service, it must submit qualified operating or financial
reports that it has filed with the relevant financial institution for
the relevant time period along with a certification that the submission
is a true and accurate copy of the reports that were provided to the
relevant financial institution.
(ii) If an applicant cannot meet the requirements in paragraph
(a)(7)(i) of this section, in the alternative it must submit the audited
financial statements from the three most recent fiscal years and a
letter of interest from a bank meeting the qualifications set forth in
paragraph (c)(2) of this section,
[[Page 168]]
that the bank would provide a letter of credit as described in paragraph
(c) of this section to the bidder if the bidder were selected for bids
of a certain dollar magnitude.
(b) Application by winning bidders for Phase II auction support--(1)
Deadline. As provided by public notice, winning bidders for Phase II
auction support shall file an application for Phase II auction support
no later than the number of business days specified after the public
notice identifying them as winning bidders.
(2) Application contents. An application for Phase II auction
support must contain:
(i) Identification of the party seeking the support, including
ownership information as set forth in Sec.1.2112(a) of this chapter;
(ii) Certification that the applicant is financially and technically
qualified to meet the public interest obligations of Sec.54.309 for
each tier in which it is a winning bidder and in each area for which it
seeks support;
(iii) Certification that the applicant will meet the relevant public
interest obligations for each relevant tier, including the requirement
that it will offer service at rates that are equal or lower to the
Commission's reasonable comparability benchmarks for fixed wireline
services offered in urban areas;
(iv) A description of the technology and system design the applicant
intends to use to deliver voice and broadband service, including a
network diagram which must be certified by a professional engineer. The
professional engineer must certify that the network is capable of
delivering, to at least 95 percent of the required number of locations
in each relevant state, voice and broadband service that meets the
requisite performance requirements in Sec.54.309;
(v) Certification that the applicant will have available funds for
all project costs that exceed the amount of support to be received from
the Phase II auction for the first two years of its support term and
that the applicant will comply with all program requirements, including
service milestones;
(vi) A description of how the required construction will be funded,
including financial projections that demonstrate the applicant can cover
the necessary debt service payments over the life of the loan, if any;
(vii) Certification that the party submitting the application is
authorized to do so on behalf of the applicant; and
(viii) Such additional information as the Commission may require.
(3) No later than the number of days provided by public notice, the
applicant shall submit a letter from a bank meeting the eligibility
requirements outlined in paragraph (c) of this section committing to
issue an irrevocable stand-by letter of credit, in the required form, to
the winning bidder. The letter shall at a minimum provide the dollar
amount of the letter of credit and the issuing bank's agreement to
follow the terms and conditions of the Commission's model letter of
credit.
(4) No later than 180 days after the public notice identifying them
as a winning bidder, bidders that did not submit audited financial
statements in their short-form application pursuant to paragraph
(a)(7)(i) of this section must submit the financial statements from the
prior fiscal year that are audited by a certified independent public
accountant.
(5) No later than 180 days after the public notice identifying it as
a winning bidder, the applicant shall certify that it is an eligible
telecommunications carrier in any area for which it seeks support and
submit the relevant documentation supporting that certification.
(6) Application processing. (i) No application will be considered
unless it has been submitted in an acceptable form during the period
specified by public notice. No applications submitted or demonstrations
made at any other time shall be accepted or considered.
(ii) Any application that, as of the submission deadline, either
does not identify the applicant seeking support as specified in the
public notice announcing application procedures or does not include
required certifications shall be denied.
(iii) An applicant may be afforded an opportunity to make minor
modifications to amend its application or correct defects noted by the
applicant, the Commission, the Administrator, or
[[Page 169]]
other parties. Minor modifications include correcting typographical
errors in the application and supplying non-material information that
was inadvertently omitted or was not available at the time the
application was submitted.
(iv) Applications to which major modifications are made after the
deadline for submitting applications shall be denied. Major
modifications include, but are not limited to, any changes in the
ownership of the applicant that constitute an assignment or change of
control, or the identity of the applicant, or the certifications
required in the application.
(v) After receipt and review of the applications, a public notice
shall identify each winning bidder that may be authorized to receive
Phase II auction support after the winning bidder submits a letter of
credit and an accompanying opinion letter as described in paragraph (c)
of this section, in a form acceptable to the Commission. Each such
winning bidder shall submit a letter of credit and accompanying opinion
letter as required by paragraph (c) of this section, in a form
acceptable to the Commission no later than the number of business days
provided by public notice.
(vi) After receipt of all necessary information, a public notice
will identify each winning bidder that is authorized to receive Phase II
auction support.
(c) Letter of credit. Before being authorized to receive Phase II
auction support, a winning bidder shall obtain an irrevocable standby
letter of credit which shall be acceptable in all respects to the
Commission.
(1) Value. Each recipient authorized to receive Phase II support
shall maintain the standby letter of credit or multiple standby letters
of credit in an amount equal to at a minimum the amount of Phase II
auction support that has been disbursed and that will be disbursed in
the coming year, until the Universal Service Administrative Company has
verified that the recipient met the final service milestone as described
in Sec.54.310(c).
(i) Once the recipient has met its 60 percent service milestone, it
may obtain a new letter of credit or renew its existing letter of credit
so that it is valued at a minimum at 90 percent of the total support
amount already disbursed plus the amount that will be disbursed in the
coming year.
(ii) Once the recipient has met its 80 percent service milestone, it
may obtain a new letter of credit or renew its existing letter of credit
so that it is valued at a minimum at 60 percent of the total support
that has been disbursed plus the amount that will be disbursed in the
coming year.
(2) The bank issuing the letter of credit shall be acceptable to the
Commission. A bank that is acceptable to the Commission is:
(i) Any United States bank
(A) That is insured by the Federal Deposit Insurance Corporation,
and
(B) That has a bank safety rating issued by Weiss of B- or better;
or
(ii) CoBank, so long as it maintains assets that place it among the
100 largest United States Banks, determined on basis of total assets as
of the calendar year immediately preceding the issuance of the letter of
credit and it has a long-term unsecured credit rating issued by Standard
& Poor's of BBB- or better (or an equivalent rating from another
nationally recognized credit rating agency); or
(iii) The National Rural Utilities Cooperative Finance Corporation,
so long as it maintains assets that place it among the 100 largest
United States Banks, determined on basis of total assets as of the
calendar year immediately preceding the issuance of the letter of credit
and it has a long-term unsecured credit rating issued by Standard &
Poor's of BBB- or better (or an equivalent rating from another
nationally recognized credit rating agency); or
(iv) Any non-United States bank
(A) That is among the 100 largest non-U.S. banks in the world,
determined on the basis of total assets as of the end of the calendar
year immediately preceding the issuance of the letter of credit
(determined on a U.S. dollar equivalent basis as of such date);
(B) Has a branch office:
(1) Located in the District of Columbia; or
(2) Located in New York City, New York, or such other branch office
agreed to by the Commission, that will
[[Page 170]]
accept a letter of credit presentation from the Administrator via
overnight courier, in addition to in-person presentations;
(C) Has a long-term unsecured credit rating issued by a widely-
recognized credit rating agency that is equivalent to a BBB- or better
rating by Standard & Poor's; and
(D) Issues the letter of credit payable in United States dollars
(3) A winning bidder for Phase II auction support shall provide with
its letter of credit an opinion letter from its legal counsel clearly
stating, subject only to customary assumptions, limitations, and
qualifications, that in a proceeding under Title 11 of the United States
Code, 11 U.S.C. 101 et seq. (the ``Bankruptcy Code''), the bankruptcy
court would not treat the letter of credit or proceeds of the letter of
credit as property of the winning bidder's bankruptcy estate under
section 541 of the Bankruptcy Code.
(4) Authorization to receive Phase II auction support is conditioned
upon full and timely performance of all of the requirements set forth in
this section, and any additional terms and conditions upon which the
support was granted.
(i) Failure by a Phase II auction support recipient to meet its
service milestones as required by Sec.54.310 will trigger reporting
obligations and the withholding of support as described in Sec.
54.320(c). Failure to come into full compliance within 12 months will
trigger a recovery action by the Universal Service Administrative
Company. If the Phase II recipient does not repay the requisite amount
of support within six months, the Universal Service Administrative
Company will be entitled to draw the entire amount of the letter of
credit and may disqualify the Phase II auction support recipient from
the receipt of Phase II auction support or additional universal service
support.
(ii) The default will be evidenced by a letter issued by the Chief
of the Wireline Competition Bureau or the Wireless Telecommunications
Bureau, or their respective designees, which letter, attached to a
standby letter of credit draw certificate, shall be sufficient for a
draw on the standby letter of credit for the entire amount of the
standby letter of credit.
[81 FR 44449, July 7, 2016, as amended at 83 FR 15994, Apr. 13, 2018; 83
FR 18454, Apr. 27, 2018; 85 FR 75819, Nov. 25, 2020]
Sec.54.316 Broadband deployment reporting and certification
requirements for high-cost recipients.
(a) Broadband deployment reporting. Rate-of Return ETCs, ETCs that
elect to receive Connect America Phase II model-based support, and ETCs
awarded support to serve fixed locations through a competitive bidding
process shall have the following broadband reporting obligations:
(1) Recipients of high-cost support with defined broadband
deployment obligations pursuant to Sec.54.308(a), 54.308(c), or Sec.
54.310(c) shall provide to the Administrator on a recurring basis
information regarding the locations to which the eligible
telecommunications carrier is offering broadband service in satisfaction
of its public interest obligations, as defined in either Sec.54.308 or
Sec.54.309.
(2) Recipients subject to the requirements of Sec.54.308(a)(1)
shall report the number of locations for each state and locational
information, including geocodes, separately indicating whether they are
offering service providing speeds of at least 4 Mbps downstream/1 Mbps
upstream, 10 Mbps downstream/1 Mbps upstream, and 25 Mbps downstream/3
Mbps upstream.
(3) Recipients subject to the requirements of Sec.54.308(a)(2)
shall report the number of newly served locations for each study area
and locational information, including geocodes, separately indicating
whether they are offering service providing speeds of at least 4 Mbps
downstream/1 Mbps upstream, 10 Mbps downstream/1 Mbps upstream, and 25
Mbps downstream/3 Mbps upstream.
(4) Recipients subject to the requirements of Sec.54.310(c) shall
report the number of locations for each state and locational
information, including geocodes, where they are offering service at the
requisite speeds. Recipients of Connect America Phase II auction support
shall also report the technology they use to serve those locations.
[[Page 171]]
(5) Recipients subject to the requirements of Sec.54.308(c) shall
report the number of newly deployed and upgraded locations and
locational information, including geocodes, where they are offering
service providing speeds they committed to in their adopted performance
plans pursuant to Sec.54.306(b).
(6) Recipients subject to the requirements of Sec.54.308(c) or
Sec.54.317(e) shall submit fiber network maps or microwave network
maps covering eligible areas. At the end of any calendar year for which
middle-mile facilities were deployed, these recipients shall also submit
updated maps showing middle-mile facilities that are or will be used to
support their services in eligible areas.
(b) Broadband deployment certifications. Rate-of Return ETCs, ETCs
that elect to receive Connect America Phase II model-based support, and
ETCs awarded support through a competitive bidding process shall have
the following broadband deployment certification obligations:
(1) Price cap carriers that elect to receive Connect America Phase
II model-based support shall provide: No later than March 1, 2017, and
every year thereafter ending on no later than March 1, 2021, a
certification that by the end of the prior calendar year, it was
offering broadband meeting the requisite public interest obligations
specified in Sec.54.309 to the required percentage of its supported
locations in each state as set forth in Sec.54.310(c).
(2) Rate-of-return carriers electing CAF-ACAM support pursuant to
Sec.54.311 shall provide:
(i) No later than March 1, 2021, and every year thereafter ending on
no later than March 1, 2029, a certification that by the end of the
prior calendar year, it was offering broadband meeting the requisite
public interest obligations specified in Sec.54.308 to the required
percentage of its fully funded locations in the state, pursuant to the
interim deployment milestones set forth in Sec.54.311(d).
(ii) No later than March 1, 2027, a certification that as of
December 31, 2026, it was offering broadband meeting the requisite
public interest obligations specified in Sec.54.308(a)(1) to all of
its fully funded locations in the state and to the required percentage
of its capped locations in the state.
(3) Rate-of-return carriers receiving support pursuant to subparts K
and M of this part shall provide:
(i) No later than March 1, 2024, a certification that it fulfilled
the deployment obligation meeting the requisite public interest
obligations as specified in Sec.54.308(a)(2) to the required number of
locations as of December 31, 2023.
(ii) Every subsequent five-year period thereafter, a certification
that it fulfilled the deployment obligation meeting the requisite public
interest obligations as specified in Sec.54.308(a)(2)(iv).
(4) Recipients of Connect America Phase II auction support shall
provide: By the last business day of the second calendar month following
each service milestone in Sec.54.310(c), a certification that by the
end of the prior support year, it was offering broadband meeting the
requisite public interest obligations specific in Sec.54.309 to the
required percentage of its supported locations in each state as set
forth in Sec.54.310(c).
(5) Recipients of Remote Areas Fund support shall provide: By the
last business day of the second calendar month following each service
milestone specified by the Commission, a certification that by the end
of the prior support year, it was offering broadband meeting the
requisite public interest obligations to the required percentage of its
supported locations in each state.
(6) A rate-of-return carrier authorized to receive Alaska Plan
support pursuant to Sec.54.306 shall provide:
(i) No later than March 1, 2022 a certification that it fulfilled
the deployment obligations and is offering service meeting the requisite
public interest obligations as specified in Sec.54.308(c) to the
required number of locations as of December 31, 2021.
(ii) No later than March 1, 2027 a certification that it fulfilled
the deployment obligations and is offering service meeting the requisite
public interest obligations as specified in Sec.54.308(c) to the
required number of locations as of December 31, 2026.
[[Page 172]]
(c) Filing deadlines. In order for a recipient of high-cost support
to continue to receive support for the following calendar year, or
retain its eligible telecommunications carrier designations, it must
submit the annual reporting information as set forth below.
(1) Price cap carriers that accepted Phase II model-based support
and rate of-return carriers must submit the annual reporting information
required by March 1 as described in paragraphs (a) and (b) of this
section. Eligible telecommunications carriers that file their reports
after the March 1 deadline shall receive a reduction in support pursuant
to the following schedule:
(i) An eligible telecommunications carrier that files after the
March 1 deadline, but by March 8, will have its support reduced in an
amount equivalent to seven days in support;
(ii) An eligible telecommunications carrier that files on or after
March 9 will have its support reduced on a pro-rata daily basis
equivalent to the period of non-compliance, plus the minimum seven-day
reduction;
(iii) Grace period. An eligible telecommunications carrier that
submits the annual reporting information required by this section after
March 1 but before March 5 will not receive a reduction in support if
the eligible telecommunications carrier and its holding company,
operating companies, and affiliates as reported pursuant to Sec.
54.313(a)(8) in their report due July 1 of the prior year have not
missed the March 1 deadline in any prior year.
(2) Recipients of support to serve fixed locations awarded through a
competitive bidding process must submit the annual reporting information
required by the last business day of the second calendar month following
the relevant support years as described in paragraphs (a) and (b) of
this section. Eligible telecommunications carriers that file their
reports after the deadline shall receive a reduction in support pursuant
to the following schedule:
(i) An eligible telecommunications carrier that files after the
deadline, but within seven days of the deadline, will have its support
reduced in an amount equivalent to seven days in support;
(ii) An eligible telecommunications carrier that filed on or after
the eighth day following the deadline will have its support reduced on a
pro-rata daily basis equivalent to the period of non-compliance, plus
the minimum seven-day reduction;
(iii) Grace period. An eligible telecommunications carrier that
submits the annual reporting information required by this section within
three days of the deadline will not receive a reduction in support if
the eligible telecommunications carrier and its holding company,
operating companies, and affiliates as reported pursuant to Sec.
54.313(a)(8) in their report due July 1 of the prior year have not
missed the deadline in any prior year.
[81 FR 24341, Apr. 25, 2016, as amended at 81 FR 44451, July 7, 2016; 81
FR 69713, Oct. 7, 2016; 82 FR 14340, Mar. 20, 2017; 84 FR 4732, Feb. 19,
2019; 85 FR 13798, Mar. 10, 2020]
Effective Date Notes: At 84 FR 59964, Nov. 7, 2019, Sec.54.316 was
amended by adding paragraphs (a)(7) and (b)(7). These paragraphs have a
delayed effective date. For the convenience of the user, the added text
is set forth as follows:
Sec.54.316 Broadband deployment reporting and certification
requirements for high-cost recipients.
(a) * * *
(7) Recipients subject to the requirements of Sec.54.1506 shall
report the number of locations for Puerto Rico and the U.S. Virgin
Islands and locational information, including geocodes, where they are
offering service at the requisite speeds. Recipients shall also report
the technologies they use to serve those locations.
(b) * * *
(7) Recipients of Uniendo a Puerto Rico Fund Stage 2 fixed and
Connect USVI Fund fixed Stage 2 fixed support shall provide: On an
annual basis by the last business day of the second calendar month
following each service milestone in Sec.54.1506, a certification that
by the end of the prior support year, it was offering broadband meeting
the requisite public interest obligations specified in Sec.54.1507 to
the required percentage of its supported locations in Puerto Rico and
the U.S. Virgin Islands as set forth in Sec.54.5406. The annual
certification shall quantify the carrier's progress toward or, as
applicable, completion of deployment in accordance with the resilience
and redundancy commitments in its application and in accordance with the
[[Page 173]]
detailed network plan it submitted to the Wireline Competition Bureau.
2. At 85 FR 13798, Mar. 10, 2020, Sec.54.316 was amended by adding
paragraph (a)(8), revising paragraphs (b)(5) and (c)(1). These
paragraphs have a delayed effective date. For the convenience of the
user, the added and revised text is set forth as follows:
Sec.54.316 Broadband deployment reporting and certification
requirements for high-cost recipients.
(a) * * *
(8) Recipients subject to the requirements of Sec.54.802(c) shall
report the number of locations for each state and locational
information, including geocodes, where they are offering service at the
requisite speeds. Recipients of Rural Digital Opportunity Fund support
shall also report the technology they use to serve those locations.
(b) * * *
(5) Recipients of Rural Digital Opportunity Fund support shall
provide: No later than March 1 following each service milestone
specified by the Commission, a certification that by the end of the
prior support year, it was offering broadband meeting the requisite
public interest obligations to the required percentage of its supported
locations in each state.
* * * * *
(c) * * *
(1) Price cap carriers that accepted Phase II model-based support,
rate-of-return carriers, and recipients of Rural Digital Opportunity
Fund support must submit the annual reporting information required by
March 1 as described in paragraphs (a) and (b) of this section. Eligible
telecommunications carriers that file their reports after the March 1
deadline shall receive a reduction in support pursuant to the following
schedule:
Sec.54.317 Alaska Plan for competitive eligible telecommunications
carriers serving remote Alaska.
(a) Election of support. Subject to the requirements of this
section, certain competitive eligible telecommunications carriers
serving remote areas in Alaska, as defined in Sec.54.307(e)(3)(i),
shall have a one-time option to elect to participate in the Alaska Plan.
Carriers exercising this option with approved performance plans shall
have their support frozen for a period of ten years beginning on or
after January 1, 2017, at a date set by the Wireless Telecommunications
Bureau, notwithstanding Sec.54.307.
(b) Carriers eligible for support. A competitive eligible
telecommunications carrier shall be eligible for frozen support pursuant
to the Alaska Plan if that carrier serves remote areas in Alaska as
defined by Sec.54.307(e)(3)(i) and if that carrier certified that it
served covered locations in Alaska in its September 30, 2011, filing of
line counts with the Administrator and submitted a performance plan by
August 23, 2016.
(c) Interim support for remote areas in Alaska. From January 1,
2012, until December 31, 2016, competitive eligible telecommunications
carriers subject to the delayed phase down for remote areas in Alaska
pursuant to Sec.54.307(e)(3) shall receive support as calculated in
Sec.54.307(e)(3)(v).
(d) Support amounts and support term. For a period of 10 years
beginning on or after January 1, 2017, at a date set by the Wireless
Telecommunications Bureau, notwithstanding Sec.54.307, each Alaska
Plan participant shall receive monthly Alaska Plan support in an amount
equal to the annualized monthly support amount it received for December
2014. Alaska Plan participants shall no longer be required to file line
counts.
(e) Use of frozen support. Frozen support allocated through the
Alaska Plan may only be used to provide mobile voice and mobile
broadband service in those census blocks in remote areas of Alaska, as
defined in Sec.54.307(e)(3)(i), that did not, as of December 31, 2014,
receive 4G LTE service directly from providers that were either
unsubsidized or ineligible to claim the delayed phase down under Sec.
54.307(e)(3) and covering, in the aggregate, at least 85 percent of the
population of the block. Nothing in this section shall be interpreted to
limit the use of frozen support to build or upgrade middle-mile
infrastructure outside such remote areas of Alaska if such middle mile
infrastructure is necessary to the provision of mobile voice and mobile
broadband service in such remote areas. Alaska Plan participants may use
frozen support to provide mobile voice and mobile broadband service in
remote areas of Alaska served by competitive eligible telecommunications
carrier partners of ineligible carriers if those areas are served using
the competitive eligible telecommunications carrier's infrastructure.
[[Page 174]]
(f) Performance plans. In order to receive support pursuant to this
section, a competitive eligible telecommunications carrier must be
subject to a performance plan approved by the Wireless
Telecommunications Bureau. The performance plan must indicate specific
deployment obligations and performance requirements sufficient to
demonstrate that support is being used in the public interest and in
accordance with paragraph (e) of this section and the requirements
adopted by the Commission for the Alaska Plan. For each level of
wireless service offered (2G/Voice, 3G, and 4G LTE) and each type of
middle mile used in connection with that level of service, the
performance plan must specify minimum speeds that will be offered to a
specified population by the end of the fifth year of support and by the
end of the tenth year of support. Alaska Plan participants shall, no
later than the end of the fourth year of the ten-year term, review and
modify their end-of-term commitments in light of any new developments,
including newly available infrastructure. The Wireless
Telecommunications Bureau may require the filing of revised commitments
at other times if justified by developments that occur after the
approval of the initial performance commitments. If the specific
performance obligations are not achieved in the time period identified
in the approved performance plans the carrier shall be subject to Sec.
54.320(c) and (d).
(g) Phase down of non-participating competitive eligible
telecommunications carrier high-cost support. Notwithstanding Sec.
54.307, and except as provided in paragraph (h) of this section, support
distributed in Alaska on or after January 1, 2017 to competitive
eligible telecommunications carriers that serve areas in Alaska other
than remote areas of Alaska, that are ineligible for frozen support
under paragraphs (b) or (e) of this section, or that do not elect to
receive support under this section, shall be governed by this paragraph.
Such support shall be subject to phase down in three years as provided
in paragraph (g) of this section, except that carriers that are not
signatories to the Alaska Plan will instead be subject to a three-year
phase down commencing on September 1, 2017, and competitive eligible
telecommunications carriers that are signatories to the Alaska Plan but
did not submit a performance plan by August 23, 2016 shall not receive
support in remote areas beginning January 1, 2017.
(1) From January 1, 2017, to December 31, 2017, each such
competitive eligible telecommunications carrier shall receive two-thirds
of the monthly support amount the carrier received for December 2014 for
the relevant study area.
(2) From January 1, 2018, to December 31, 2018, each such
competitive eligible telecommunications carrier shall receive one-third
of the monthly support amount the carrier received for December 2014 for
the relevant study area.
(3) Beginning January 1, 2019, no such competitive eligible
telecommunications carrier shall receive universal service support for
the relevant study area pursuant to this section or Sec.54.307.
(h) Support for unserved remote areas of Alaska. Beginning January
1, 2017, support that, but for paragraph (g) of this section, would be
allocated to carriers subject to paragraph (g) of this section shall be
allocated for a reverse auction, with performance obligations
established at the time of such auction, for deployment of mobile
service to remote areas of Alaska, as defined in Sec.54.307(e)(3)(i),
that are without commercial mobile radio service as of December 31,
2014.
[81 FR 69714, Oct. 7, 2016]
Sec.54.318 [Reserved]
Sec.54.319 Elimination of high-cost support in areas with 100 percent
coverage by an unsubsidized competitor.
(a)-(c) [Reserved]
(d) High-cost universal service support pursuant to subpart K of
this part shall be eliminated for those census blocks of an incumbent
rate-of-return local exchange carrier study area where an unsubsidized
competitor, or combination of unsubsidized competitors, as defined in
Sec.54.5, offer(s) voice and broadband service meeting the public
interest obligations in Sec.54.308(a)(2) to at least 85 percent of
[[Page 175]]
residential locations in the census block. Qualifying competitors must
be able to port telephone numbers from consumers.
(e) After a determination that a particular census block is served
by a competitor as defined in paragraph (d) of this section, support
provided pursuant to subpart K of this part shall be disaggregated
pursuant to a method elected by the incumbent local exchange carrier.
The sum of support that is disaggregated for competitive and non-
competitive areas shall equal the total support available to the study
area without disaggregation.
(f) For any incumbent local exchange carrier for which the
disaggregated support for competitive census blocks represents less than
25 percent of the support the carrier would have received in the study
area in the absence of this rule, support provided pursuant to subpart K
of this part shall be reduced according to the following schedule:
(1) In the first year, 66 percent of the incumbent's disaggregated
support for the competitive census block will be provided;
(2) In the second year, 33 percent of the incumbent's disaggregated
support for the competitive census blocks will be provided;
(3) In the third year and thereafter, no support shall be provided
pursuant to subpart K of this part for any competitive census block.
(g) For any incumbent local exchange carrier for which the
disaggregated support for competitive census blocks represents 25
percent or more of the support the carrier would have received in the
study area in the absence of this rule, support shall be reduced for
each competitive census block according to the following schedule:
(1) In the first year, 83 percent of the incumbent's disaggregated
support for the competitive census blocks will be provided;
(2) In the second year, 66 percent of the incumbent's disaggregated
support for the competitive census blocks will be provided;
(3) In the third year, 49 percent of the incumbent's disaggregated
support for the competitive census blocks will be provided;
(4) In the fourth year, 32 percent of the incumbent's disaggregated
support the competitive census block will be provided;
(5) In the fifth year, 15 percent of the incumbent's disaggregated
support the competitive census blocks will be provided;
(6) In the sixth year and thereafter, no support shall be paid
provided pursuant to subpart K of this part for any competitive census
block.
(h) The Wireline Competition Bureau shall update its analysis of
competitive overlap in census blocks every seven years, utilizing the
current public interest obligations in Sec.54.308(a)(2) as the
standard that must be met by an unsubsidized competitor.
[80 FR 4478, Jan. 27, 2015, as amended at 81 FR 24342, Apr. 25, 2016; 82
FR 14340, Mar. 20, 2017; 83 FR 14189, Apr. 3, 2018; 84 FR 4732, Feb. 19,
2019]
Sec.54.320 Compliance and recordkeeping for the high-cost program.
(a) Eligible telecommunications carriers authorized to receive
universal service high-cost support are subject to random compliance
audits and other investigations to ensure compliance with program rules
and orders.
(b) All eligible telecommunications carriers shall retain all
records required to demonstrate to auditors that the support received
was consistent with the universal service high-cost program rules. This
documentation must be maintained for at least ten years from the receipt
of funding. All such documents shall be made available upon request to
the Commission and any of its Bureaus or Offices, the Administrator, and
their respective auditors.
(c) Eligible telecommunications carriers authorized to receive high-
cost support that fail to comply with public interest obligations or any
other terms and conditions may be subject to further action, including
the Commission's existing enforcement procedures and penalties,
reductions in support amounts, potential revocation of ETC designation,
and suspension or debarment pursuant to Sec.54.8.
(d) Eligible telecommunications carriers subject to defined build-
out milestones must notify the Commission and
[[Page 176]]
USAC, and the relevant state, U.S. Territory, or Tribal government, if
applicable, within 10 business days after the applicable deadline if
they have failed to meet a build-out milestone.
(1) Interim build-out milestones. Upon notification that an eligible
telecommunications carrier has defaulted on an interim build-out
milestone after it has begun receiving high-cost support, the Wireline
Competition Bureau--or Wireless Telecommunications Bureau in the case of
mobile carrier participants--will issue a letter evidencing the default.
For purposes of determining whether a default has occurred, a carrier
must be offering service meeting the requisite performance obligations.
The issuance of this letter shall initiate reporting obligations and
withholding of a percentage of the eligible telecommunication carrier's
total monthly high-cost support, if applicable, starting the month
following the issuance of the letter:
(i) Tier 1. If an eligible telecommunications carrier has a
compliance gap of at least five percent but less than 15 percent of the
number of locations that the eligible telecommunications carrier is
required to have built out to or, in the case of Alaska Plan mobile-
carrier participants, population covered by the specified technology,
middle mile, and speed of service in the carrier's approved performance
plan, by the interim milestone, the Wireline Competition Bureau or
Wireless Telecommunications Bureau, will issue a letter to that effect.
Starting three months after the issuance of this letter, the eligible
telecommunications carrier will be required to file a report every three
months identifying the geocoded locations to which the eligible
telecommunications carrier has newly deployed facilities capable of
delivering broadband meeting the requisite requirements with Connect
America support in the previous quarter, or, in the case of Alaska Plan
mobile-carrier participants, the populations to which the competitive
eligible telecommunications carrier has extended or upgraded service
meeting their approved performance plan and obligations. Eligible
telecommunications carriers that do not file these quarterly reports on
time will be subject to support reductions as specified in Sec.
54.313(j). The eligible telecommunications carrier must continue to file
quarterly reports until the eligible telecommunications carrier reports
that it has reduced the compliance gap to less than five percent of the
required number of locations (or population, if applicable) for that
interim milestone and the Wireline Competition Bureau or Wireless
Telecommunications Bureau issues a letter to that effect.
(ii) Tier 2. If an eligible telecommunications carrier has a
compliance gap of at least 15 percent but less than 25 percent of the
number of locations that the eligible telecommunications carrier is
required to have built out to or, in the case of Alaska Plan mobile-
carrier participants, population covered by the specified technology,
middle mile, and speed of service in the carrier's approved performance
plan, by the interim milestone, USAC will withhold 15 percent of the
eligible telecommunications carrier's monthly support for that support
area and the eligible telecommunications carrier will be required to
file quarterly reports. Once the eligible telecommunications carrier has
reported that it has reduced the compliance gap to less than 15 percent
of the required number of locations (or population, if applicable) for
that interim milestone for that support area, the Wireline Competition
Bureau or Wireless Telecommunications Bureau will issue a letter to that
effect, USAC will stop withholding support, and the eligible
telecommunications carrier will receive all of the support that had been
withheld. The eligible telecommunications carrier will then move to Tier
1 status.
(iii) Tier 3. If an eligible telecommunications carrier has a
compliance gap of at least 25 percent but less than 50 percent of the
number of locations that the eligible telecommunications carrier is
required to have built out to by the interim milestone, or, in the case
of Alaska Plan mobile-carrier participants, population covered by the
specified technology, middle mile, and speed of service in the carrier's
approved performance plan, USAC will
[[Page 177]]
withhold 25 percent of the eligible telecommunications carrier's monthly
support for that support area and the eligible telecommunications
carrier will be required to file quarterly reports. Once the eligible
telecommunications carrier has reported that it has reduced the
compliance gap to less than 25 percent of the required number of
locations (or population, if applicable) for that interim milestone for
that support area, the Wireline Competition Bureau or Wireless
Telecommunications Bureau will issue a letter to that effect, the
eligible telecommunications carrier will move to Tier 2 status.
(iv) Tier 4. If an eligible telecommunications carrier has a
compliance gap of 50 percent or more of the number of locations that the
eligible telecommunications carrier is required to have built out to or,
in the case of Alaska Plan mobile-carrier participants, population
covered by the specified technology, middle mile, and speed of service
in the carrier's approved performance plan, by the interim milestone:
(A) USAC will withhold 50 percent of the eligible telecommunications
carrier's monthly support for that support area, and the eligible
telecommunications carrier will be required to file quarterly reports.As
with the other tiers, as the eligible telecommunications carrier reports
that it has lessened the extent of its non-compliance, and the Wireline
Competition Bureau or Wireless Telecommunications Bureau issues a letter
to that effect, it will move down the tiers until it reaches Tier 1 (or
no longer is out of compliance with the relevant interim milestone).
(B) If after having 50 percent of its support withheld for six
months the eligible telecommunications carrier has not reported that it
is eligible for Tier 3 status (or one of the other lower tiers), USAC
will withhold 100 percent of the eligible telecommunications carrier's
monthly support and will commence a recovery action for a percentage of
support that is equal to the eligible telecommunications carrier's
compliance gap plus 10 percent of the ETC's support that has been
disbursed to that date.
(v) If at any point during the support term, the eligible
telecommunications carrier reports that it is eligible for Tier 1
status, it will have its support fully restored, USAC will repay any
funds that were recovered or withheld, and it will move to Tier 1
status.
(2) Final milestone. Upon notification that the eligible
telecommunications carrier has not met a final milestone, the eligible
telecommunications carrier will have twelve months from the date of the
final milestone deadline to come into full compliance with this
milestone. If the eligible telecommunications carrier does not report
that it has come into full compliance with this milestone within twelve
months, the Wireline Competition Bureau--or Wireless Telecommunications
Bureau in the case of mobile carrier participants--will issue a letter
to this effect. In the case of Alaska Plan mobile carrier participants,
USAC will then recover the percentage of support that is equal to 1.89
times the average amount of support per location received by that
carrier over the support term for the relevant percentage of population.
For other recipients of high-cost support, USAC will then recover the
percentage of support that is equal to 1.89 times the average amount of
support per location received in the support area for that carrier over
the term of support for the relevant number of locations plus 10 percent
of the eligible telecommunications carrier's total relevant high-cost
support over the support term for that support area. Where a recipient
is unable to demonstrate compliance with a final performance testing
milestone, USAC will recover the percentage of support that is equal to
1.89 times the average amount of support per location received in the
support area for the relevant number of locations for that carrier plus
10 percent of the eligible telecommunications carrier's total relevant
high cost-support over the support term for that support area, the total
of which will then be multiplied by the percentage of time since the
carrier was last able to demonstrate compliance based on performance
testing, on a quarterly basis. In the event that a recipient fails to
meet a final milestone both for build-out and performance compliance,
[[Page 178]]
USAC will recover the total of the percentage of support that is equal
to 1.89 times the average amount of support per location received by
that carrier over the support term for the relevant number of locations
to which the carrier failed to build out; the percentage of support that
is equal to 1.89 times the average amount of support per location
received in the support area for the relevant number of locations for
that carrier multiplied by the percentage of time since the carrier was
last able to demonstrate compliance based on performance testing; and 10
percent of the eligible telecommunications carrier's total relevant
high-cost support over the support term for that support area.
(3) Compliance reviews. If subsequent to the eligible
telecommunications carrier's support term, USAC determines in the course
of a compliance review that the eligible telecommunications carrier does
not have sufficient evidence to demonstrate that it is offering service
to all of the locations required by the final milestone or, in the case
of Alaska Plan participants, did not provide service consistent with the
carrier's approved performance plan, USAC shall recover a percentage of
support from the eligible telecommunications carrier as specified in
paragraph (d)(2) of this section.
[76 FR 73876, Nov. 29, 2011, as amended at 80 FR 4478, Jan. 27, 2015; 81
FR 69714, Oct. 7, 2016; 84 FR 67235, Dec. 9, 2019]
Sec.54.321 Reporting and certification requirements for Alaska Plan participants.
Any competitive eligible telecommunications carrier authorized to
receive Alaska Plan support pursuant to Sec.54.317 shall provide:
(a) No later than 60 days after the end of each participating
carrier's first five-year term of support, a certification that it has
met the obligations contained in the performance plan approved by the
Wireless Telecommunications Bureau, including any obligations pursuant
to a revised approved performance plan and that it has met the requisite
public interest obligations contained in the Alaska Plan Order. For
Alaska Plan participants receiving more than $5 million annually in
support, this certification shall be accompanied by data received or
used from drive tests analyzing network coverage for mobile service
covering the population for which support was received and showing
mobile transmissions to and from the carrier's network meeting or
exceeding the minimum expected download and upload speeds delineated in
the approved performance plan.
(b) No later than 60 days after the end of each participating
carrier's second five-year term of support, a certification that it has
met the obligations contained in the performance plan approved by the
Wireless Telecommunications Bureau, including any obligations pursuant
to a revised approved performance plan, and that it has met the
requisite public interest obligations contained in the Alaska Plan
Order. For Alaska Plan participants receiving more than $5 million
annually in support, this certification shall be accompanied by data
received or used from drive tests analyzing network coverage for mobile
service covering the population for which support was received and
showing mobile transmissions to and from the carrier's network meeting
or exceeding the minimum expected download and upload speeds delineated
in the approved performance plan.
[81 FR 69716, Oct. 7, 2016]
Sec.54.322 Public interest obligations and performance requirements, reporting requirements, and non-compliance mechanisms for mobile legacy high-cost
support recipients.
(a) General. A mobile competitive eligible telecommunications
carrier that receives monthly support pursuant to Sec.
54.307(e)(5)(ii), (e)(5)(iii), (e)(6)(iii), or (e)(7)(iii) shall deploy
voice and broadband data services that meet at least the 5G-NR (New
Radio) technology standards developed by the 3rd Generation Partnership
Project with Release 15, or any successor release that may be adopted by
the Office of Economics and Analytics and the Wireline Competition
Bureau after notice and comment.
(b) Service milestones and deadlines. A mobile competitive eligible
telecommunications carrier that receives
[[Page 179]]
monthly support pursuant to Sec.54.307(e)(5)(ii), (e)(5)(iii),
(e)(6)(iii), or (e)(7)(iii) shall deploy 5G service that meets the
performance requirements specified in paragraph (d) of this section to a
percentage of the service areas for which the carrier receives monthly
support and on a schedule as specified and adopted by the Office of
Economics and Analytics and Wireline Competition Bureau after notice and
comment.
(c) Support usage. A mobile competitive eligible telecommunications
carrier that receives monthly support pursuant to Sec.
54.307(e)(5)(ii), (e)(5)(iii), (e)(6)(iii) or (e)(7)(iii) shall use an
increasing percentage of such support for the deployment, maintenance,
and operation of mobile networks that provide 5G service as specified in
paragraph (a) of this section and that meet the performance requirements
specified in paragraph (d) of this section as follows:
(1) Year one support usage. The carrier shall use at least one-third
(\1/3\) of the total monthly support received pursuant to Sec.
54.307(e)(5)(ii), (e)(5)(iii), (e)(6)(iii), or (e)(7)(iii) in calendar
year 2021 as specified in paragraph (c) of this section by December 31,
2021.
(2) Year two support usage. The carrier shall use at least two-
thirds (\2/3\) of the total monthly support received pursuant to Sec.
54.307(e)(5)(ii), (e)(5)(iii), (e)(6)(iii), or (e)(7)(iii) in calendar
year 2022 as specified in paragraph (c) of this section by December 31,
2022.
(3) Year three and subsequent year support usage. The carrier shall
use all monthly support received pursuant to Sec.54.307(e)(5)(ii),
(e)(5)(iii), (e)(6)(iii), or (e)(7)(iii) as specified in paragraph (c)
of this section in 2023 and thereafter.
(4) Year one support usage flexibility. If the carrier is unable to
meet the support usage requirement in paragraph (c)(1) of this section,
the carrier shall have the flexibility to instead proportionally
increase the support usage requirement in paragraph (c)(2) of this
section such that its combined usage of monthly support received
pursuant to Sec.54.307(e)(5)(ii), (e)(5)(iii), (e)(6)(iii), or
(e)(7)(iii) in calendar years 2021 and 2022 is equal to the total amount
of such support that the carrier receives annually, provided that the
carrier certifies to the Wireline Competition Bureau this amount and
that it will make up for any shortfall in a filing due by March 31, 2021
or 30 days after Paperwork Reduction Act approval, whichever is later.
(d) Performance requirements. A mobile competitive eligible
telecommunications carrier that receives monthly support pursuant to
Sec.54.307(e)(5)(ii), (e)(5)(iii), (e)(6)(iii), or (e)(7)(iii) shall
meet the following minimum baseline performance requirements for data
speeds, data latency, and data allowances in areas that it has deployed
5G service as specified in paragraph (a) of this section and for which
it receives support for at least one plan that it offers:
(1) Median data transmission rates of 35 Mbps download and 3 Mbps
upload, and with at least 90 percent of measurements recording data
transmission rates of not less than 7 Mbps download and 1 Mbps upload;
(2) Transmission latency of 100 milliseconds or less round trip for
successfully transmitted measurements (i.e., ignoring lost or timed-out
packets); with at least 90 percent of measurements recording latency of
100 milliseconds or less round trip, and
(3) At least one service plan offered must include a data allowance
that is equivalent to the average United States subscriber data usage as
specified and adopted by the Office of Economics and Analytics and
Wireline Competition Bureau after notice and comment.
(e) Collocation obligations. A mobile competitive eligible
telecommunications carrier that receives monthly support pursuant to
Sec.54.307(e)(5), (e)(6), or (e)(7) shall allow for reasonable
collocation by other carriers of services that would meet the
technological requirements specified in paragraph (a) of this section on
all cell-site infrastructure constructed with universal service funds
that it owns or manages in the area for which it receives such monthly
support. In addition, during the time that the mobile competitive
eligible telecommunications carrier receives such support, the carrier
may not enter into facilities access arrangements that restrict any
party to the arrangement from allowing others to
[[Page 180]]
collocate on the cell-site infrastructure.
(f) Voice and data roaming obligations. A mobile competitive
eligible telecommunications carrier that receives monthly support
pursuant to Sec.54.307(e)(5), (e)(6), or (e)(7) shall comply with the
Commission's voice and data roaming requirements that are currently in
effect on networks that are built with universal service funds.
(g) Reasonably comparable rates. A mobile competitive eligible
telecommunications carrier that receives monthly support pursuant to
Sec.54.307(e)(5), (e)(6), or (e)(7) shall offer its services in the
areas for which it receives such monthly support at rates that are
reasonably comparable to those rates offered in urban areas and must
advertise the voice and broadband services it offers in its subsidized
service areas. A mobile competitive eligible telecommunications
carrier's rates shall be considered reasonably comparable to urban
rates, based upon the most recently-available decennial U.S. Census
Bureau data identifying areas as urban, if rates for services in rural
areas fall within a reasonable range of urban rates for reasonably
comparable voice and broadband services.
(1) If the carrier offers service in urban areas, it may demonstrate
that it offers reasonably comparable rates if it offers the same rates,
terms, and conditions (including usage allowances, if any, for a
specific rate) in both urban and rural areas or if one of the carrier's
stand-alone voice service plans and one service plan offering data are
substantially similar to plans it offers in urban areas.
(2) If the carrier does not offer service in urban areas, it may
demonstrate that it offers reasonably comparable rates by identifying a
carrier that does offer service in urban areas and the specific rate
plans to which its plans are reasonably comparable, along with
submission of corroborating evidence that its rates are reasonably
comparable, such as marketing materials from the identified carrier.
(h) Initial report of current service offerings. (1) A mobile
competitive eligible telecommunications carrier that receives monthly
support pursuant to Sec.54.307(e)(5), (e)(6), or (e)(7) shall submit
an initial report describing its current service offerings in its
subsidized service areas and how the monthly support it is receiving is
being used in such areas no later than three months after the effective
date of the Report and Order, FCC 20-150, and Paperwork Reduction Act
approval. This report shall include the following information:
(i) Information regarding the carrier's current service offerings in
its subsidized service areas, including the highest level of technology
deployed, a target date for when 5G broadband service meeting the
performance requirements specified in paragraph (d) of this section will
be deployed within the subsidized service area, and an estimate of the
percentage of area covered by 5G deployment meeting the performance
requirements specified in paragraph (d) of this section within the
subsidized service area;
(ii) A brief narrative describing its current service offerings and
providing an accounting of how monthly support has been used to provide
mobile wireless services for the 12-month period prior to the deadline
of this report;
(iii) Detailed cell-site and sector infrastructure information for
infrastructure that the carrier uses to provide service in its
subsidized service areas;
(iv) Certification that the carrier has filed relevant deployment
data (either via FCC Form 477 or the Digital Opportunity Data
Collection, as appropriate) that reflect its current deployment covering
its subsidized service areas;
(v) Certification that the carrier is in compliance with the public
interest obligations as set forth in this section and all of the terms
and conditions associated with the continued receipt of such monthly
support disbursements; and
(vi) Additional information as required by the Office of Economics
and Analytics and Wireline Competition Bureau after release of a public
notice detailing the procedures to file this report.
(2) The party submitting the report must certify that it has been
authorized to do so by the mobile competitive eligible
telecommunications carrier that receives support.
[[Page 181]]
(3) Each initial report of current service offerings shall be
submitted solely via the Administrator's online portal.
(i) The Commission and the Administrator shall treat infrastructure
data submitted as part of such reports as presumptively confidential.
(ii) The Administrator shall make such reports available to the
Commission and to the relevant state, territory, and Tribal governmental
entities, as applicable.
(4) A mobile competitive eligible telecommunications carrier that
receives monthly support pursuant to Sec.54.307(e)(5), (e)(6), or
(e)(7) shall have a continuing obligation to maintain the accuracy and
completeness of the information provided in its initial report. Any
substantial change in the accuracy or completeness of such a report must
be reported as an update to its submitted report within ten (10)
business days after the reportable event occurs.
(5) The Commission shall retain the authority to look behind a
mobile competitive eligible telecommunications carrier's initial report
and to take action to address any violations.
(i) Annual reports. (1) A mobile competitive eligible
telecommunications carrier that receives monthly support pursuant to
Sec.54.307(e)(5) (e)(6), or (e)(7) shall submit an annual report no
later than July 1 in each year following the year in which its initial
report of current service offerings as specified in paragraph (h) of
this section is submitted. Each such report shall include the following
information:
(i) Except for areas for which the carriers receives monthly support
pursuant to Sec.54.307(e)(5)(iv), (e)(6)(iv) or (e)(7)(iv), updated
information regarding the carrier's current service offerings in its
subsidized service areas for the previous calendar year, including the
highest level of technology deployed, a target date for when 5G
broadband service meeting the performance requirements specified in
paragraph (d) of this section will be deployed within the subsidized
service area, and an estimate of the percentage of area covered by 5G
deployment meeting the performance requirements specified in paragraph
(d) of this section within the subsidized service area;
(ii) A brief narrative providing an accounting of the support the
carrier has received and how monthly support has been used to provide
mobile wireless services for the previous calendar year, with an
indication of which of these expenditures were used to meet the
requirements specified in paragraph (c) of this section within the
subsidized service area;
(iii) Detailed cell-site and sector infrastructure information for
infrastructure that the carrier uses to provide service in its
subsidized service areas;
(iv) Certification that the carrier has filed relevant deployment
data (either via FCC Form 477 or the Digital Opportunity Data
Collection, as appropriate) that reflect its current deployment covering
its subsidized service areas;
(v) Certification that the carrier is in compliance with the public
interest obligations as set forth in this section and all of the terms
and conditions associated with the continued receipt of monthly support;
and
(vi) Additional information as required by the Office of Economics
and Analytics and Wireline Competition Bureau after release of a public
notice detailing the procedures to file these reports.
(2) A mobile competitive eligible telecommunications carrier that
receives monthly support pursuant to Sec.54.307(e)(5), (e)(6), or
(e)(7) shall supplement the information provided to the Administrator in
any annual report within ten (10) business days from the onset of any
reduction in the percentage of areas for which the recipient receives
support being served after the filing of an initial or annual
certification report or in the event of any failure to comply with any
of the requirements for continued receipt of such support.
(3) The party submitting the annual report must certify that it has
been authorized to do so by mobile competitive eligible
telecommunications carrier that receives support.
(4) Each annual report shall be submitted solely via the
Administrator's online portal.
[[Page 182]]
(i) The Commission and the Administrator shall treat infrastructure
data submitted as part of such a report as presumptively confidential.
(ii) The Administrator shall make such reports available to the
Commission and to the relevant state, territory, and Tribal governmental
entities, as applicable.
(5) A mobile competitive eligible telecommunications carrier that
receives monthly support pursuant to Sec.54.307(e)(5), (e)(6), or
(e)(7) shall have a continuing obligation to maintain the accuracy and
completeness of the information provided in its annual reports. Any
substantial change in the accuracy or completeness of any such report
must be reported as an update to the submitted annual report within ten
(10) business days after the reportable event occurs.
(6) The Commission shall retain the authority to look behind a
mobile competitive eligible telecommunications carrier's annual reports
and to take action to address any violations.
(j) Service milestone reports. (1) A mobile competitive eligible
telecommunications carrier that receives monthly support pursuant to
Sec.54.307(e)(5)(ii), (e)(5)(iii), (e)(6)(iii), or (e)(7)(iii) shall
submit a report after each of the service milestones described in
paragraph (b) of this section by the deadlines established by the Office
of Economics and Analytics and Wireline Competition Bureau demonstrating
that it has deployed 5G service that meets the performance requirements
specified in paragraph (d) of this section, which shall include
information as required by the Office of Economics and Analytics and
Wireline Competition Bureau in a public notice.
(2) All data submitted in or certified to in any service milestone
report shall be subject to verification by the Administrator for
compliance with the performance requirements specified in paragraph (d)
of this section.
(k) Non-compliance measures for failure to comply with performance
requirements or public interest obligations. (1) A mobile competitive
eligible telecommunications carrier that receives monthly support
pursuant to Sec.54.307(e)(5) (e)(6), or (e)(7) that fails to comply
with the public interest obligations set forth in paragraphs (e) through
(j) of this section, fails to comply with the performance requirements
set forth in paragraph (d) of this section at the prescribed level by
the applicable service milestone deadline established in paragraph (b)
of this section, or that fails to use monthly support as set forth in
paragraph (c) of this section must notify the Wireline Competition
Bureau and the Administrator within 10 business days of its non-
compliance.
(2) Upon notification by a carrier of its non-compliance pursuant to
paragraph (k) of this section, or a determination by the Administrator
or Wireline Competition Bureau of a carrier's non-compliance with any of
the public interest obligations set forth in paragraphs (e) through (j)
of this section or the performance requirements set forth in paragraph
(d) of this section, the carrier will be deemed to be in default, and
for monthly support received pursuant to Sec.54.307(e)(5), (e)(6), or
(e)(7), will no longer be eligible to receive such support, will receive
no further support disbursements, and may be subject to recovery of up
to the amount of support received since the effective date of the Report
and Order, FCC 20-150, that was not used for the deployment,
maintenance, and operation of mobile networks that provide 5G service as
specified in paragraph (a) of this section and that meet the performance
requirements specified in paragraph (d) of this section. The carrier may
also be subject to further action, including the Commission's existing
enforcement procedures and penalties, potential revocation of ETC
designation, and suspension or debarment pursuant to Sec.54.8.
(3) A mobile competitive eligible telecommunications carrier that
voluntarily relinquishes receipt of monthly support pursuant to Sec.
54.307(e)(5), (e)(6), or (e)(7) will no longer be required to comply
with the public interest obligations specified in this section, except
that the carrier may be deemed to be in default and subject to recovery
of support as set forth in paragraph (k)(2) of this section.
[85 FR 75819, Nov. 25, 2020]
[[Page 183]]
Effective Date Note: At 85 FR 75819, Nov. 25, 2020, Sec.54.322 was
added, However, paragraphs (b), (g), (h), (i) and (j), have a delayed
effective date.
Subpart E_Universal Service Support for Low-Income Consumers
54.400 Terms and definitions.
As used in this subpart, the following terms shall be defined as
follows:
(a) Qualifying low-income consumer. A ``qualifying low-income
consumer'' is a consumer who meets the qualifications for Lifeline, as
specified in Sec.54.409.
(b) Toll blocking service. ``Toll blocking service'' is a service
provided by an eligible telecommunications carrier that lets subscribers
elect not to allow the completion of outgoing toll calls from their
telecommunications channel.
(c) Toll control service. ``Toll control service'' is a service
provided by an eligible telecommunications carrier that allows
subscribers to specify a certain amount of toll usage that may be
incurred on their telecommunications channel per month or per billing
cycle.
(d) Toll limitation service. ``Toll limitation service'' denotes
either toll blocking service or toll control service for eligible
telecommunications carriers that are incapable of providing both
services. For eligible telecommunications carriers that are capable of
providing both services, ``toll limitation service'' denotes both toll
blocking service and toll control service.
(e) Eligible resident of Tribal lands. An ``eligible resident of
Tribal lands'' is a ``qualifying low-income consumer,'' as defined in
paragraph (a) of this section, living on Tribal lands. For purposes of
this subpart, ``Tribal lands'' include any federally recognized Indian
tribe's reservation, pueblo, or colony, including former reservations in
Oklahoma; Alaska Native regions established pursuant to the Alaska
Native Claims Settlement Act (85 Stat. 688); Indian allotments; Hawaiian
Home Lands--areas held in trust for Native Hawaiians by the state of
Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920 July 9,
1921, 42 Stat. 108, et. seq., as amended; and any land designated as
such by the Commission for purposes of this subpart pursuant to the
designation process in Sec.54.412.
(f) Income. ``Income'' means gross income as defined under section
61 of the Internal Revenue Code, 26 U.S.C. 61, for all members of the
household. This means all income actually received by all members of the
household from whatever source derived, unless specifically excluded by
the Internal Revenue Code, Part III of Title 26, 26 U.S.C. 101 et seq.
(g) Duplicative support. ``Duplicative support'' exists when a
Lifeline subscriber is receiving two or more Lifeline services
concurrently or two or more subscribers in a household are receiving
Lifeline services or Tribal Link Up support concurrently.
(h) Household. A ``household'' is any individual or group of
individuals who are living together at the same address as one economic
unit. A household may include related and unrelated persons. An
``economic unit'' consists of all adult individuals contributing to and
sharing in the income and expenses of a household. An adult is any
person eighteen years or older. If an adult has no or minimal income,
and lives with someone who provides financial support to him/her, both
people shall be considered part of the same household. Children under
the age of eighteen living with their parents or guardians are
considered to be part of the same household as their parents or
guardians.
(i) National Lifeline Accountability Database or Database. The
``National Lifeline Accountability Database'' or ``Database'' is an
electronic system, with associated functions, processes, policies and
procedures, to facilitate the detection and elimination of duplicative
support, as directed by the Commission.
(j) Qualifying assistance program. A ``qualifying assistance
program'' means any of the federal or Tribal assistance programs the
participation in which, pursuant to Sec.54.409(a) or (b), qualifies a
consumer for Lifeline service, including Medicaid; Supplemental
Nutrition Assistance Program; Supplemental Security Income; Federal
Public Housing Assistance; Veterans and Survivors
[[Page 184]]
Pension Benefit; Bureau of Indian Affairs general assistance; Tribally
administered Temporary Assistance for Needy Families (Tribal TANF); Head
Start (only those households meeting its income qualifying standard); or
the Food Distribution Program on Indian Reservations (FDPIR).
(k) Direct service. As used in this subpart, direct service means
the provision of service directly to the qualifying low-income consumer.
(l) Broadband Internet access service. ``Broadband Internet access
service'' is defined as a mass-market retail service by wire or radio
that provides the capability to transmit data to and receive data from
all or substantially all Internet endpoints, including any capabilities
that are incidental to and enable the operation of the communications
service, but excluding dial-up service.
(m) Voice telephony service. ``Voice telephony service'' is defined
as voice grade access to the public switched network or its functional
equivalent; minutes of use for local service provided at no additional
charge to end users; access to the emergency services provided by local
government or other public safety organizations, such as 911 and
enhanced 911, to the extent the local government in an eligible
carrier's service area has implemented 911 or enhanced 911 systems; and
toll limitation services to qualifying low-income consumers as provided
in subpart E of this part.
(n) Supported service. Voice telephony service is the supported
service for the Lifeline program.
(o) National Lifeline Eligibility Verifier. The ``National Lifeline
Eligibility Verifier'' or ``National Verifier'' is an electronic and
manual system with associated functions, processes, policies and
procedures, to facilitate the determination of consumer eligibility for
the Lifeline program, as directed by the Commission.
(p) Enrollment representatives. An employee, agent, contractor, or
subcontractor, acting on behalf of an eligible telecommunications
carrier or third-party entity, who directly or indirectly provides
information to the Universal Service Administrative Company or a state
entity administering the Lifeline Program for the purpose of eligibility
verification, enrollment, recertification, subscriber personal
information updates, benefit transfers, or de-enrollment.
[77 FR 12966, Mar. 2, 2012, as amended at 80 FR 40935, July 14, 2015; 81
FR 33089, May 24, 2016; 84 FR 71327, Dec. 27, 2019; 86 FR 1021, Jan.7,
2021]
Sec.54.401 Lifeline defined.
(a) As used in this subpart, Lifeline means a non-transferable
retail service offering provided directly to qualifying low-income
consumers:
(1) For which qualifying low-income consumers pay reduced charges as
a result of application of the Lifeline support amount described in
Sec.54.403; and
(2) That provides qualifying low-income consumers with voice
telephony service or broadband Internet access service as defined in
Sec.54.400. Toll limitation service does not need to be offered for
any Lifeline service that does not distinguish between toll and non-toll
calls in the pricing of the service. If an eligible telecommunications
carrier charges Lifeline subscribers a fee for toll calls that is in
addition to the per month or per billing cycle price of the subscribers'
Lifeline service, the carrier must offer toll limitation service at no
charge to its subscribers as part of its Lifeline service offering.
(b) Eligible telecommunications carriers may allow qualifying low-
income consumers to apply Lifeline discounts to any residential service
plan with the minimum service levels set forth in Sec.54.408 that
includes fixed or mobile voice telephony service, broadband Internet
access service, or a bundle of broadband Internet access service and
fixed or mobile voice telephony service; and plans that include optional
calling features such as, but not limited to, caller identification,
call waiting, voicemail, and three-way calling.
(1) Eligible telecommunications carriers may permit qualifying low-
income consumers to apply their Lifeline discount to family shared data
plans.
(2) Eligible telecommunications carriers may allow qualifying low-
income consumers to apply Lifeline discounts to any residential service
plan that includes voice telephony service without qualifying broadband
Internet access service prior to December 1, 2021.
[[Page 185]]
(3) Beginning December 1, 2016, eligible telecommunications carriers
must provide the minimum service levels for each offering of mobile
voice service as defined in Sec.54.408.
(4) Beginning December 1, 2021, eligible telecommunications carriers
must provide the minimum service levels for broadband Internet access
service in every Lifeline offering.
(c) Eligible telecommunications carriers may not collect a service
deposit in order to initiate Lifeline for voice-only service plans that:
(1) Do not charge subscribers additional fees for toll calls; or
(2) That charge additional fees for toll calls, but the subscriber
voluntarily elects toll limitation service.
(d) When an eligible telecommunications carrier is designated by a
state commission, the state commission shall file or require the
eligible telecommunications carrier to file information with the
Administrator demonstrating that the carrier's Lifeline plan meets the
criteria set forth in this subpart and describing the terms and
conditions of any voice telephony service plans offered to Lifeline
subscribers, including details on the number of minutes provided as part
of the plan, additional charges, if any, for toll calls, and rates for
each such plan. To the extent the eligible telecommunications carrier
offers plans to Lifeline subscribers that are generally available to the
public, it may provide summary information regarding such plans, such as
a link to a public Web site outlining the terms and conditions of such
plans. Lifeline assistance shall be made available to qualifying low-
income consumers as soon as the Administrator certifies that the
carrier's Lifeline plan satisfies the criteria set out in this subpart.
(e) Consistent with Sec.52.33(a)(1)(i)(C) of this chapter,
eligible telecommunications carriers may not charge Lifeline customers a
monthly number-portability charge.
(f) Eligible telecommunications carriers may aggregate eligible
subscribers' benefits to provide a collective service to a group of
subscribers, provided that each qualifying low-income consumer
subscribed to the collective service receives residential service that
meets the requirements of paragraph (a) of this section and Sec.
54.408.
[77 FR 12967, Mar. 2, 2012, as amended at 80 FR 40935, July 14, 2015; 81
FR 33090, May 24, 2016]
Sec.54.403 Lifeline support amount.
(a) The federal Lifeline support amount for all eligible
telecommunications carriers shall equal:
(1) Basic support amount. Federal Lifeline support in the amount of
$9.25 per month will be made available to an eligible telecommunications
carrier providing Lifeline service to a qualifying low-income consumer,
except as provided in paragraph (a)(2) of this section, if that carrier
certifies to the Administrator that it will pass through the full amount
of support to the qualifying low-income consumer and that it has
received any non-federal regulatory approvals necessary to implement the
rate reduction.
(2) For a Lifeline provider offering either standalone voice
service, subject to the minimum service standards set forth in Sec.
54.408, or voice service with broadband below the minimum standards set
forth in Sec.54.408, the support levels will be as follows:
(i) Until December 1, 2019, the support amount will be $9.25 per
month.
(ii) From December 1, 2019 until November 30, 2020, the support
amount will be $7.25 per month.
(iii) From December 1, 2020 until November 30, 2021, the support
amount will be $5.25 per month.
(iv) On December 1, 2021, standalone voice service, or voice service
not bundled with broadband which meets the minimum standards set forth
in Sec.54.408, will not be eligible for Lifeline support unless the
Commission has previously determined otherwise.
(v) Notwithstanding paragraph (a)(2)(iv) of this section, on
December 1, 2021, the support amount for standalone voice service, or
voice service not bundled with broadband which meets the minimum
standards set forth in Sec.54.408, provided by a provider that is the
only Lifeline provider in a Census block will be the support amount
specified in paragraph (a)(2)(iii) of this section.
[[Page 186]]
(3) Tribal lands support amount. Additional federal Lifeline support
of up to $25 per month will be made available to a eligible
telecommunications carrier providing facilities-based Lifeline service
to an eligible resident of Tribal lands, as defined in Sec.54.400(e),
if the subscriber's residential location is rural, as defined in Sec.
54.505(b)(3)(i) and (ii), and the eligible telecommunications carrier
certifies to the Administrator that it will pass through the full Tribal
lands support amount to the qualifying eligible resident of Tribal lands
and that it has received any non-federal regulatory approvals necessary
to implement the required rate reduction.
(b) Application of Lifeline discount amount. (1) Eligible
telecommunications carriers that charge Federal End User Common Line
charges or equivalent Federal charges must apply Federal Lifeline
support to waive the Federal End User Common Line charges for Lifeline
subscribers if the carrier is seeking Lifeline reimbursement for
eligible voice telephony service provided to those subscribers. Such
carriers must apply any additional Federal support amount to a
qualifying low-income consumer's intrastate rate, if the carrier has
received the non-Federal regulatory approvals necessary to implement the
required rate reduction. Other eligible telecommunications carriers must
apply the Federal Lifeline support amount, plus any additional support
amount, to reduce the cost of any generally available residential
service plan or package offered by such carriers that provides at least
one service commensurate with the requirements outlined in Sec.54.408,
and charge Lifeline subscribers the resulting amount.
(2) [Reserved]
[77 FR 12967, Mar. 2, 2012, as amended at 81 FR 33090, May 24, 2016; 83
FR 2084, Jan. 16, 2018; 86 FR 1021, Jan. 7, 2021]
Effective Date Note: At 83 FR 2084, Jan. 16, 2018, Sec.
54.403(a)(3) was revised. This paragraph contains information collection
and recordkeeping requirements and will not become effective until
approval has been given by the Office of Management and Budget.
Sec.54.404 The National Lifeline Accountability Database.
(a) State certification. An eligible telecommunications carrier
operating in a state that provides an approved valid certification to
the Commission in accordance with this section is not required to comply
with the requirements set forth in paragraphs (b) and (c) of this
section with respect to the eligible telecommunications carriers'
subscribers in that state. A valid certification must include a
statement that the state has a comprehensive system in place to prevent
duplicative federal Lifeline support that is at least as robust as the
system adopted by the Commission and that incorporates information from
all eligible telecommunications carriers receiving low-income support in
the state and their subscribers. A valid certification must also
describe in detail how the state system functions and for each
requirement adopted by the Commission to prevent duplicative support,
how the state system performs the equivalent functions. The
certification must be submitted to the Commission no later than six
months from the effective date of this section of the Commission's rules
to be valid. Such certification will be considered approved unless the
Wireline Competition Bureau rejects the certification within 90 days of
filing.
(b) The National Lifeline Accountability Database. In order to
receive Lifeline support, eligible telecommunications carriers operating
in states that have not provided the Commission with approved valid
certification pursuant to paragraph (a) of this section must comply with
the following requirements:
(1) All eligible telecommunications carriers must query the National
Lifeline Accountability Database to determine whether a prospective
subscriber who has executed a certification pursuant to Sec.54.410(d)
is currently receiving a Lifeline service from another eligible
telecommunications carrier; and whether anyone else living at the
prospective subscriber's residential address is currently receiving a
Lifeline service.
[[Page 187]]
(2) If the Database indicates that a prospective subscriber, who is
not seeking to port his or her telephone number, is currently receiving
a Lifeline service, the eligible telecommunications carrier must not
provide and shall not seek or receive Lifeline reimbursement for that
subscriber.
(3) If the Database indicates that another individual at the
prospective subscriber's residential address is currently receiving a
Lifeline service, the eligible telecommunications carrier must not seek
and will not receive Lifeline reimbursement for providing service to
that prospective subscriber, unless the prospective subscriber has
certified, pursuant to Sec.54.410(d), that to the best of his or her
knowledge, no one in his or her household is already receiving a
Lifeline service. This certification may be collected by the eligible
telecommunications carrier prior to initial enrollment, but the
certification shall not be recorded in the Database unless the eligible
telecommunications carrier receives a notification from the Database or
state administrator that another Lifeline subscriber resides at the same
address as the prospective subscriber.
(4) An eligible telecommunications carrier is not required to comply
with paragraphs (b)(1) through (3) of this section if it receives notice
from a state Lifeline administrator or other state agency that the
administrator or other agency has queried the Database about a
prospective subscriber and that providing the prospective subscriber
with a Lifeline benefit would not result in duplicative support.
(5) Eligible telecommunications carriers may query the Database only
for the purposes provided in paragraphs (b)(1) through (b)(3) of this
section, and to determine whether information with respect to its
subscribers already in the Database is correct and complete.
(6) Eligible telecommunications carriers must transmit to the
Database in a format prescribed by the Administrator each new and
existing Lifeline subscriber's full name; full residential address; date
of birth and the last four digits of the subscriber's Social Security
number or Tribal Identification number, if the subscriber is a member of
a Tribal nation and does not have a Social Security number; the
telephone number associated with the Lifeline service; the date on which
the Lifeline service was initiated; the date on which the Lifeline
service was terminated, if it has been terminated; the amount of support
being sought for that subscriber; and the means through which the
subscriber qualified for Lifeline.
(7) In the event that two or more eligible telecommunications
carriers transmit the information required by this paragraph to the
Database for the same subscriber, only the eligible telecommunications
carrier whose information was received and processed by the Database
first, as determined by the Administrator, will be entitled to
reimbursement from the Fund for that subscriber.
(8) All eligible telecommunications carriers must update an existing
Lifeline subscriber's information in the Database within ten business
days of receiving any change to that information, except as described in
paragraph (b)(10) of this section.
(9) All eligible telecommunications carriers must obtain, from each
new and existing subscriber, consent to transmit the subscriber's
information. Prior to obtaining consent, the eligible telecommunications
carrier must describe to the subscriber, using clear, easily understood
language, the specific information being transmitted, that the
information is being transmitted to the Administrator to ensure the
proper administration of the Lifeline program, and that failure to
provide consent will result in subscriber being denied the Lifeline
service.
(10) When an eligible telecommunications carrier de-enrolls a
subscriber, it must transmit to the Database the date of Lifeline
service de-enrollment within one business day of de-enrollment.
(11) All eligible telecommunications carriers must securely retain
subscriber documentation that the ETC reviewed to verify subscriber
eligibility, for the purposes of production during audits or
investigations or to the extent required by NLAD processes, which
require, inter alia, verification of eligibility, identity, address, and
age.
[[Page 188]]
(12) An eligible telecommunications carrier must not enroll or claim
for reimbursement a prospective subscriber in Lifeline if the National
Lifeline Accountability Database or National Verifier cannot verify the
identity of the subscriber or the subscriber's status as alive, unless
the subscriber produces documentation to demonstrate his or her identity
and status as alive.
(c) Tribal Link Up and the National Lifeline Accountability
Database. In order to receive universal service support reimbursement
for Tribal Link Up, eligible telecommunications carriers operating in
states that have not provided the Commission with a valid certification
pursuant to paragraph (a) of this section, must comply with the
following requirements:
(1) Such eligible telecommunications carriers must query the
Database to determine whether a prospective Link Up recipient who has
executed a certification pursuant to Sec.54.410(d) has previously
received a Link Up benefit at the residential address provided by the
prospective subscriber.
(2) If the Database indicates that a prospective subscriber has
received a Link Up benefit at the residential address provided by the
subscriber, the eligible telecommunications provider must not seek Link
Up reimbursement for that subscriber.
(3) An eligible telecommunications carrier is not required to comply
with paragraphs (c)(1) through (c)(2) of this section, if it receives
notice from a state Lifeline administrator or other state agency that
the administrator or other agency has queried the Database about a
prospective subscriber and that providing the prospective subscriber
with a Link Up benefit would not result in duplicative support or
support to a subscriber who had already received Link Up support at that
residential address.
(4) All eligible telecommunications carriers must transmit to the
Database in a format prescribed by the Administrator each new and
existing Link Up recipient's full name; residential address; date of
birth; and the last four digits of the subscriber's Social Security
number, or Tribal identification number if the subscriber is a member of
a Tribal nation and does not have a Social Security number; the
telephone number associated with the Link Up support; and the date of
service activation. Where two or more eligible telecommunications
carriers transmit the information required by this paragraph to the
Database for the same subscriber, only the eligible telecommunications
carrier whose information was received and processed by the Database
first, as determined by the Administrator, will be entitled to
reimbursement from the Fund for that subscriber.
(5) All eligible telecommunications carriers must obtain, from each
new and existing subscriber, consent to transmit the information
required in paragraph (c) of this section. Prior to obtaining consent,
the eligible telecommunications carrier must describe to the subscriber,
using clear, easily understood language, the specific information being
transmitted, that the information is being transmitted to the
Administrator to ensure the proper administration of the Link Up
program, and that failure to provide consent will result in the
subscriber being denied the Link Up benefit.
[77 FR 12968, Mar. 2, 2012, as amended at 80 FR 40935, July 14, 2015; 84
FR 71327, Dec. 27, 2019]
Sec.54.405 Carrier obligation to offer Lifeline.
All eligible telecommunications carriers must:
(a) Make available Lifeline service, as defined in Sec.54.401, to
qualifying low-income consumers.
(b) Publicize the availability of Lifeline service in a manner
reasonably designed to reach those likely to qualify for the service.
(c) Indicate on all materials describing the service, using easily
understood language, that it is a Lifeline service, that Lifeline is a
government assistance program, the service is non-transferable, only
eligible consumers may enroll in the program, and the program is limited
to one discount per household. For the purposes of this section, the
term ``materials describing the service'' includes all print, audio,
video, and web materials used to describe or enroll in the Lifeline
service
[[Page 189]]
offering, including application and certification forms.
(d) Disclose the name of the eligible telecommunications carrier on
all materials describing the service.
(e) De-enrollment--(1) De-enrollment generally. If an eligible
telecommunications carrier has a reasonable basis to believe that a
Lifeline subscriber no longer meets the criteria to be considered a
qualifying low-income consumer under Sec.54.409, the carrier must
notify the subscriber of impending termination of his or her Lifeline
service. Notification of impending termination must be sent in writing
separate from the subscriber's monthly bill, if one is provided, and
must be written in clear, easily understood language. A carrier
providing Lifeline service in a state that has dispute resolution
procedures applicable to Lifeline termination that requires, at a
minimum, written notification of impending termination, must comply with
the applicable state requirements. The carrier must allow a subscriber
30 days following the date of the impending termination letter required
to demonstrate continued eligibility. A subscriber making such a
demonstration must present proof of continued eligibility to the carrier
consistent with applicable annual re-certification requirements, as
described in Sec.54.410(f). An eligible telecommunications carrier
must de-enroll any subscriber who fails to demonstrate eligibility
within five business days after the expiration of the subscriber's time
to respond. A carrier providing Lifeline service in a state that has
dispute resolution procedures applicable to Lifeline termination must
comply with the applicable state requirements.
(2) De-enrollment for duplicative support. Notwithstanding paragraph
(e)(1) of this section, upon notification by the Administrator to any
eligible telecommunications carrier that a subscriber is receiving
Lifeline service from another eligible telecommunications carrier or
that more than one member of a subscriber's household is receiving
Lifeline service and therefore that the subscriber should be de-enrolled
from participation in that carrier's Lifeline program, the eligible
telecommunications carrier must de-enroll the subscriber from
participation in that carrier's Lifeline program within five business
days. An eligible telecommunications carrier shall not be eligible for
Lifeline reimbursement for any de-enrolled subscriber following the date
of that subscriber's de-enrollment.
(3) De-enrollment for non-usage. Notwithstanding paragraph (e)(1) of
this section, if a Lifeline subscriber fails to use, as ``usage'' is
defined in Sec.54.407(c)(2), for 30 consecutive days a Lifeline
service that does not require the eligible telecommunications carrier to
assess and collect a monthly fee from its subscribers, an eligible
telecommunications carrier must provide the subscriber 15 days' notice,
using clear, easily understood language, that the subscriber's failure
to use the Lifeline service within the 15-day notice period will result
in service termination for non-usage under this paragraph. Eligible
telecommunications carriers shall report to the Commission annually the
number of subscribers de-enrolled for non-usage under this paragraph.
This de-enrollment information must be reported by month and must be
submitted to the Commission at the time an eligible telecommunications
carrier submits its annual certification report pursuant to Sec.
54.416.
(4) De-enrollment for failure to re-certify. Notwithstanding
paragraph (e)(1) of this section, an eligible telecommunications carrier
must de-enroll a Lifeline subscriber who does not respond to the
carrier's attempts to obtain re-certification of the subscriber's
continued eligibility as required by Sec.54.410(f); or who fails to
provide the annual one-per-household re-certifications as required by
Sec.54.410(f). Prior to de-enrolling a subscriber under this
paragraph, the eligible telecommunications carrier must notify the
subscriber in writing separate from the subscriber's monthly bill, if
one is provided, using clear, easily understood language, that failure
to respond to the re-certification request will trigger de-enrollment. A
subscriber must be given 60 days to respond to recertification efforts.
If a subscriber does not respond to the carrier's notice of impending
de-enrollment, the carrier must de-enroll the subscriber from Lifeline
within five business days after the expiration of
[[Page 190]]
the subscriber's time to respond to the re-certification efforts.
(5) De-enrollment requested by subscriber. If an eligible
telecommunications carrier receives a request from a subscriber to de-
enroll, it must de-enroll the subscriber within two business days after
the request.
[77 FR 12969, Mar. 2, 2012, as amended at 80 FR 35577, June 22, 2015; 81
FR 33090, May 24, 2016; 81 FR 45974, July 15, 2016; 81 FR 33090, May 24,
2016]
Sec.54.406 Activities of representatives of eligible telecommunications carriers.
(a) Enrollment representative registration. An eligible
telecommunications carrier must require that enrollment representatives
register with the Universal Service Administrative Company before the
enrollment representative can provide information directly or indirectly
to the National Lifeline Accountability Database or the National
Verifier.
(1) As part of the registration process, eligible telecommunications
carriers must require that all enrollment representatives must provide
the Universal Service Administrative Company with identifying
information, which may include first and last name, date of birth, the
last four digits of his or her social security number, email address,
and residential address. Enrollment representatives will be assigned a
unique identifier, which must be used for:
(i) Accessing the National Lifeline Accountability Database;
(ii) Accessing the National Verifier;
(iii) Accessing any Lifeline eligibility database; and
(iv) Completing any Lifeline enrollment or recertification forms.
(2) Eligible telecommunications carriers must ensure that enrollment
representatives shall not use another person's unique identifier to
enroll Lifeline subscribers, recertify Lifeline subscribers, or access
the National Lifeline Accountability Database or National Verifier.
(3) Eligible telecommunications carriers must ensure that enrollment
representatives shall regularly recertify their status with the
Universal Service Administrative Company to maintain their unique
identifier and maintain access to the systems that rely on a valid
unique identifier. Eligible telecommunications carriers must also ensure
that enrollment representatives shall update their registration
information within 30 days of any change in such information.
(4) Enrollment representatives are not required to register with the
Universal Service Administrative Company if the enrollment
representative operates solely in a state that has been approved by the
Commission to administer the Lifeline program without reliance on the
Universal Service Administrative Company's systems. The exemption in
this paragraph (a)(4) will not apply to any part of a state's
administration of the Lifeline program that relies on the Universal
Service Administrative Company's systems.
(b) Prohibition of commissions for enrollment representatives. An
eligible telecommunications carrier shall not offer or provide to
enrollment representatives or their direct supervisors any commission
compensation that is based on the number of consumers who apply for or
are enrolled in the Lifeline program with that eligible
telecommunications carrier.
[84 FR 71328, Dec. 27, 2019]
Sec.54.407 Reimbursement for offering Lifeline.
(a) Universal Service support for providing Lifeline shall be
provided directly to an eligible telecommunications carrier based on the
number of actual qualifying low-income customers listed in the National
Lifeline Accountability Database that the eligible telecommunications
carrier serves directly as of the first of the month. Eligible
telecommunications carriers operating in a state that has provided the
Commission with an approved valid certification pursuant to Sec.
54.404(a) must comply with that state administrator's process for
determining the number of subscribers to be claimed for each month, and
in those states Universal Service support for providing Lifeline shall
be provided directly to the eligible telecommunications carrier based on
that number of actual
[[Page 191]]
qualifying low-income customers, according to the state administrator or
other state agency's process.
(b) For each qualifying low-income consumer receiving Lifeline
service, the reimbursement amount shall equal the federal support
amount, including the support amounts described in Sec.54.403(a) and
(c). The eligible telecommunications carrier's universal service support
reimbursement shall not exceed the carrier's rate for that offering, or
similar offerings, subscribed to by consumers who do not qualify for
Lifeline.
(c) An eligible telecommunications carrier offering a Lifeline
service that does not require the eligible telecommunications carrier to
assess and collect a monthly fee from its subscribers:
(1) Shall not receive universal service support for a subscriber to
such Lifeline service until the subscriber activates the service by
whatever means specified by the carrier, such as completing an outbound
call; and
(2) After service activation, an eligible telecommunications carrier
shall only continue to receive universal service support reimbursement
for such Lifeline service provided to subscribers who have used the
service within the last 30 days, or who have cured their non-usage as
provided for in Sec.54.405(e)(3). Any of these activities, if
undertaken by the subscriber, will establish ``usage'' of the Lifeline
service:
(i) Completion of an outbound call or usage of data;
(ii) Purchase of minutes or data from the eligible
telecommunications carrier to add to the subscriber's service plan;
(iii) Answering an incoming call from a party other than the
eligible telecommunications carrier or the eligible telecommunications
carrier's agent or representative;
(iv) Responding to direct contact from the eligible communications
carrier and confirming that he or she wants to continue receiving
Lifeline service; or
(v) Sending a text message.
(d) In order to receive universal service support reimbursement, an
officer of each eligible telecommunications carrier must certify, as
part of each request for reimbursement, that:
(1) The eligible telecommunications carrier is in compliance with
all of the rules in this subpart; and
(2) The eligible telecommunications carrier has obtained valid
certification and recertification forms to the extent required under
this subpart for each of the subscribers for whom it is seeking
reimbursement.
(e) In order to receive universal service support reimbursement, an
eligible telecommunications carrier must keep accurate records of the
revenues it forgoes in providing Lifeline services. Such records shall
be kept in the form directed by the Administrator and provided to the
Administrator at intervals as directed by the Administrator or as
provided in this subpart.
[77 FR 12970, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012; 80
FR 35577, June 22, 2015; 80 FR 40935, July 14, 2015; 81 FR 33091, May
24, 2016; 84 FR 71328, Dec. 27, 2019]
Sec.54.408 Minimum service standards.
(a) As used in this subpart, with the following exception of
paragraph (a)(2) of this section, a minimum service standard is:
(1) The level of service which an eligible telecommunications
carrier must provide to an end user in order to receive the Lifeline
support amount.
(2) The minimum service standard for mobile broadband speed, as
described in paragraph (b)(2)(i) of this section, is the level of
service which an eligible telecommunications carrier must both advertise
and provide to an end user.
(b) Minimum service standards for Lifeline supported services will
take effect on December 1, 2016. The minimum service standards set forth
below are subject to the conditions in Sec.54.401. The initial minimum
service standards, as set forth in paragraphs (b)(1) through (3) of this
section, will be subject to the updating mechanisms described in
paragraph (c) of this section.
(1) Fixed broadband will have minimum service standards for speed
and data usage allowance, subject to the exceptions in paragraph (d) of
this section.
[[Page 192]]
(i) The minimum service standard for fixed broadband speed will be
10 Megabits per second downstream/1 Megabit per second upstream.
(ii) The minimum service standard for fixed broadband data usage
allowance will be 150 gigabytes per month.
(2) Mobile broadband will have minimum service standards for speed
and data usage allowance.
(i) The minimum service standard for mobile broadband speed will be
3G.
(ii) The minimum service standard for mobile broadband data usage
allowance will be:
(A) From December 1, 2016 until November 30, 2017, 500 megabytes per
month;
(B) From December 1, 2017, until November 30, 2018, 1 gigabyte per
month;
(C) From December 1, 2018 until November 30, 2019, 2 gigabytes per
month; and
(D) On and after December 1, 2019, the minimum standard will be
calculated using the mechanism set forth in paragraphs (c)(2)(ii)(A)
through (D) of this section. If the data listed in paragraphs
(c)(2)(ii)(A) through (D) do not meet the criteria set forth in
paragraph (c)(2)(iii) of this section, then the updating mechanism in
paragraph (c)(2)(iii) will be used instead.
(3) The minimum service standard for mobile voice service will be:
(i) From December 1, 2016, until November 30, 2017, 500 minutes;
(ii) From December 1, 2017, until November 30, 2018, 750 minutes;
and
(iii) On and after December 1, 2018, the minimum standard will be
1000 minutes.
(c) Minimum service standards will be updated using the following
mechanisms:
(1) Fixed broadband will have minimum service standards for speed
and data usage allowance. The standards will updated as follows:
(i) The standard for fixed broadband speed will be updated on an
annual basis. The standard will be set at the 30th percentile, rounded
up to the nearest Megabit-per-second integer, of subscribed fixed
broadband downstream and upstream speeds. The 30th percentile will be
determined by analyzing FCC Form 477 Data. The new standard will be
published in a Public Notice issued by the Wireline Competition Bureau
on or before July 31, which will give the new minimum standard for the
upcoming year. In the event that the Bureau does not release a Public
Notice, or the data are older than 18 months, the minimum standard will
be the greater of:
(A) The current minimum standard; or
(B) The Connect America Fund minimum speed standard for rate-of-
return fixed broadband providers, as set forth in 47 CFR 54.308(a).
(ii) The standard for fixed broadband data usage allowance will be
updated on an annual basis. The new standard will be published in a
Public Notice issued by the Wireline Competition Bureau on or before
July 31, which will give the new minimum standard for the upcoming year.
The updated standard will be the greater of:
(A) An amount the Wireline Competition Bureau deems appropriate,
based on what a substantial majority of American consumers already
subscribe to, after analyzing Urban Rate Survey data and other relevant
data; or
(B) The minimum standard for data usage allowance for rate-of-return
fixed broadband providers set in the Connect America Fund.
(2) Mobile broadband will have minimum service standards for speed
and capacity. The standards will be updated as follows:
(i) The standard for mobile broadband speed will be updated when,
after analyzing relevant data, including the FCC Form 477 data, the
Wireline Competition Bureau determines such an adjustment is necessary.
If the standard for mobile broadband speed is updated, the new standard
will be published in a Public Notice issued by the Wireline Competition
Bureau.
(ii) The standard for mobile broadband capacity will be updated on
an annual basis. The standard will be determined by:
(A) Dividing the total number of mobile-cellular subscriptions in
the United States, as reported in the Mobile Competition Report by the
total number of American households, as determined by the U.S. Census
Bureau, in order to determine the number of mobile-cellular
subscriptions per American
[[Page 193]]
household. This number will be rounded to the hundredths place and then
multiplied by;
(B) The percentage of Americans who own a smartphone, according to
the Commission's annual Mobile Competition Report. This number will be
rounded to the hundredths place and then multiplied by;
(C) The average data used per mobile smartphone subscriber, as
reported by the Commission in its annual Mobile Competition Report. This
number will be rounded to the hundredths place and then multiplied by;
(D) Seventy (70) percent. The result will then be rounded up to the
nearest 250 MB interval to provide the new monthly minimum service
standard for the mobile broadband data usage allowance.
(iii) If the Wireline Competition Bureau does not release a Public
Notice giving new minimum standards for mobile broadband capacity on or
before July 31, or if the necessary data needed to calculate the new
minimum standard are older than 18 months, the data usage allowance will
be updated by multiplying the current data usage allowance by the
percentage of the year-over-year change in average mobile data usage per
smartphone user, as reported in the Mobile Competition Report. That
amount will be rounded up to the nearest 250 MB.
(d) Exception for certain fixed broadband providers. Subject to the
limitations in paragraphs (d)(1) through (4) of this section, the
Lifeline discount may be applied for fixed broadband service that does
not meet the minimum standards set forth in paragraph (b)(1) of this
section. If the provider, in a given area:
(1) Does not offer any fixed broadband service that meets our
minimum service standards set forth in paragraph (b)(1) of this section;
but
(2) Offers a fixed broadband service of at least 4 Mbps downstream/1
Mbps upstream in that given area; then,
(3) In that given area, a fixed broadband provider may receive
Lifeline funds for the purchase of its highest performing generally
available residential offering, lexicographically ranked by:
(i) Download bandwidth;
(ii) Upload bandwidth; and
(iii) Usage allowance.
(4) A fixed broadband provider claiming Lifeline support under this
section will certify its compliance with this section's requirements and
will be subject to the Commission's audit authority.
(e) Except as provided in paragraph (d) of this section, eligible
telecommunications carriers shall not apply the Lifeline discount to
offerings that do not meet the minimum service standards.
(f) Equipment requirement. (1) Any fixed or mobile broadband
Lifeline provider, which provides devices to its consumers, must ensure
that all such devices provided to a consumer are Wi-Fi enabled.
(2) A Lifeline provider may not institute an additional or separate
tethering charge for any mobile data usage that is below the minimum
service standard set forth in paragraph (b)(2) of this section.
(3) Any mobile broadband Lifeline provider which provides devices to
its consumers must offer at least one device that is capable of being
used as a hotspot. This requirement will change as follows:
(i) From December 1, 2017 to November 30, 2018, a provider that
offers devices must ensure that at least 15 percent of such devices are
capable of being used as a hotspot.
(ii) From December 1, 2018 to November 30, 2019, a provider that
offers devices must ensure that at least 20 percent of such devices are
capable of being used as a hotspot.
(iii) From December 1, 2019 to November 30, 2020, a provider that
offers devices must ensure that at least 25 percent of such devices are
capable of being used as a hotspot.
(iv) From December 1, 2020 to November 30, 2021, a provider that
offers devices must ensure that at least 35 percent of such devices are
capable of being used as a hotspot.
(v) From December 1, 2021 to November 30, 2022, a provider that
offers devices must ensure that at least 45 percent of such devices are
capable of being used as a hotspot.
[[Page 194]]
(vi) From December 1, 2022 to November 30, 2023, a provider that
offers devices must ensure that at least 55 percent of such devices are
capable of being used as a hotspot.
(vii) From December 1, 2023 to November 30, 2024, a provider that
offers devices must ensure that at least 65 percent of such devices are
capable of being used as a hotspot.
(viii) On December 1, 2024, a provider that offers devices must
ensure that at least 75 percent of such devices are capable of being
used as a hotspot.
[81 FR 33091, May 24, 2016]
Sec.54.409 Consumer qualification for Lifeline.
(a) To constitute a qualifying low-income consumer:
(1) A consumer's household income as defined in Sec.54.400(f) must
be at or below 135% of the Federal Poverty Guidelines for a household of
that size; or
(2) The consumer, one or more of the consumer's dependents, or the
consumer's household must receive benefits from one of the following
federal assistance programs: Medicaid; Supplemental Nutrition Assistance
Program; Supplemental Security Income; Federal Public Housing
Assistance; or Veterans and Survivors Pension Benefit.
(b) A consumer who lives on Tribal lands is eligible for Lifeline
service as a ``qualifying low-income consumer'' as defined by Sec.
54.400(a) and as an ``eligible resident of Tribal lands'' as defined by
Sec.54.400(e) if that consumer meets the qualifications for Lifeline
specified in paragraph (a) of this section or if the consumer, one or
more of the consumer's dependents, or the consumer's household
participates in one of the following Tribal-specific federal assistance
programs: Bureau of Indian Affairs general assistance; Tribally
administered Temporary Assistance for Needy Families; Head Start (only
those households meeting its income qualifying standard); or the Food
Distribution Program on Indian Reservations.
(c) In addition to meeting the qualifications provided in paragraph
(a) or (b) of this section, in order to constitute a qualifying low-
income consumer, a consumer must not already be receiving a Lifeline
service, and there must not be anyone else in the subscriber's household
subscribed to a Lifeline service.
[77 FR 12970, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012; 81
FR 33093, May 24, 2016]
Sec.54.410 Subscriber eligibility determination and certification.
(a) All eligible telecommunications carriers must implement policies
and procedures for ensuring that their Lifeline subscribers are eligible
to receive Lifeline services. An eligible telecommunications carrier may
not provide a consumer with an activated device that it represents
enables use of Lifeline-supported service, nor may it activate service
that it represents to be Lifeline service, unless and until it has:
(1) Confirmed that the consumer is a qualifying low-income consumer
pursuant to Sec.54.409, and;
(2) Completed the eligibility determination and certification
required by this section and Sec. Sec.54.404 through 54.405, and
completed any other necessary enrollment steps.
(b) Initial income-based eligibility determination. (1) Except where
the National Verifier, state Lifeline administrator or other state
agency is responsible for the initial determination of a subscriber's
eligibility, when a prospective subscriber seeks to qualify for Lifeline
using the income-based eligibility criteria provided for in Sec.
54.409(a)(1) an eligible telecommunications carrier:
(i) Must not seek reimbursement for providing Lifeline to a
subscriber, unless the carrier has received a certification of
eligibility from the prospective subscriber that complies with the
requirements set forth in paragraph (d) of this section and has
confirmed the subscriber's income-based eligibility using the following
procedures:
(A) If an eligible telecommunications carrier can determine a
prospective subscriber's income-based eligibility by accessing one or
more databases containing information regarding the subscriber's income
(``income databases''), the eligible telecommunications carrier must
access such income databases and determine whether the prospective
subscriber qualifies for Lifeline.
(B) If an eligible telecommunications carrier cannot determine a
prospective subscriber's income-based eligibility by
[[Page 195]]
accessing income databases, the eligible telecommunications carrier must
review documentation that establishes that the prospective subscriber
meets the income-eligibility criteria set forth in Sec.54.409(a)(1).
Acceptable documentation of income eligibility includes the prior year's
state, federal, or Tribal tax return; current income statement from an
employer or paycheck stub; a Social Security statement of benefits; a
Veterans Administration statement of benefits; a retirement/pension
statement of benefits; an Unemployment/Workers' Compensation statement
of benefit; federal or Tribal notice letter of participation in General
Assistance; or a divorce decree, child support award, or other official
document containing income information. If the prospective subscriber
presents documentation of income that does not cover a full year, such
as current pay stubs, the prospective subscriber must present the same
type of documentation covering three consecutive months within the
previous twelve months.
(ii) Must securely retain copies of documentation demonstrating a
prospective subscriber's income-based eligibility for Lifeline
consistent with Sec.54.417, except to the extent such documentation is
retained by the National Verifier.
(2) Where the National Verifier, state Lifeline administrator, or
other state agency is responsible for the initial determination of a
subscriber's eligibility, an eligible telecommunications carrier must
not seek reimbursement for providing Lifeline service to a subscriber,
based on that subscriber's income eligibility, unless the carrier has
received from the National Verifier, state Lifeline administrator, or
other state agency:
(i) Notice that the prospective subscriber meets the income-
eligibility criteria set forth in Sec.54.409(a)(1); and
(ii) If a state Lifeline administrator or other state agency is
responsible for the initial determination of a subscriber's eligibility,
a copy of the subscriber's certification that complies with the
requirements set forth in paragraph (d) of this section.
(iii) An eligible telecommunications carrier must securely retain
all information and documentation provided by the state Lifeline
administrator or other state agency consistent with Sec.54.417.
(c) Initial program-based eligibility determination. (1) Except in
states where the National Verifier, state Lifeline administrator, or
other state agency is responsible for the initial determination of a
subscriber's program-based eligibility, when a prospective subscriber
seeks to qualify for Lifeline service using the program-based criteria
set forth in Sec.54.409(a)(2) or (b), an eligible telecommunications
carrier:
(i) Must not seek reimbursement for providing Lifeline to a
subscriber unless the carrier has received a certification of
eligibility from the subscriber that complies with the requirements set
forth in paragraph (d) of this section and has confirmed the
subscriber's program-based eligibility using the following procedures:
(A) If the eligible telecommunications carrier can determine a
prospective subscriber's program-based eligibility for Lifeline by
accessing one or more databases containing information regarding
enrollment in qualifying assistance programs (``eligibility
databases''), the eligible telecommunications carrier must access such
eligibility databases to determine whether the prospective subscriber
qualifies for Lifeline based on participation in a qualifying assistance
program; or
(B) If an eligible telecommunications carrier cannot determine a
prospective subscriber's program-based eligibility for Lifeline by
accessing eligibility databases, the eligible telecommunications carrier
must review documentation demonstrating that a prospective subscriber
qualifies for Lifeline under the program-based eligibility requirements.
Acceptable documentation of program eligibility includes the current or
prior year's statement of benefits from a qualifying assistance program,
a notice or letter of participation in a qualifying assistance program,
program participation documents, or another official document
demonstrating that the prospective subscriber, one or more of the
prospective subscriber's dependents or the prospective subscriber's
household receives benefits from a qualifying assistance program.
[[Page 196]]
(ii) Must securely retain copies of the documentation demonstrating
a subscriber's program-based eligibility for Lifeline, consistent with
Sec.54.417, except to the extent such documentation is retained by the
National Verifier.
(2) Where the National Verifier, state Lifeline administrator, or
other state agency is responsible for the initial determination of a
subscriber's eligibility, when a prospective subscriber seeks to qualify
for Lifeline service using the program-based eligibility criteria
provided in Sec.54.409(a)(2) or (b), an eligible telecommunications
carrier must not seek reimbursement for providing Lifeline to a
subscriber unless the carrier has received from the National Verifier,
state Lifeline administrator or other state agency:
(i) Notice that the subscriber meets the program-based eligibility
criteria set forth in Sec.54.409(a)(2) or (b); and
(ii) If a state Lifeline administrator or other state agency is
responsible for the initial determination of a subscriber's eligibility,
a copy of the subscriber's certification that complies with the
requirements set forth in paragraph (d) of this section.
(iii) An eligible telecommunications carrier must securely retain
all information and documentation provided by the state Lifeline
administrator or other state agency consistent with Sec.54.417.
(d) Eligibility certification form. Eligible telecommunications
carriers and state Lifeline administrators or other state agencies that
are responsible for the initial determination of a subscriber's
eligibility for Lifeline must provide prospective subscribers Lifeline
certification forms that provide the information in paragraphs (d)(1)
through (3) of this section in clear, easily understood language. If a
Federal eligibility certification form is available, entities enrolling
subscribers must use such form to enroll a qualifying low-income
consumer into the Lifeline program.
(1) The form provided by the entity enrolling subscribers must
provide the information in paragraphs (d)(1)(i) through (vi) of this
section:
(i) Lifeline is a federal benefit and that willfully making false
statements to obtain the benefit can result in fines, imprisonment, de-
enrollment or being barred from the program;
(ii) Only one Lifeline service is available per household;
(iii) A household is defined, for purposes of the Lifeline program,
as any individual or group of individuals who live together at the same
address and share income and expenses;
(iv) A household is not permitted to receive Lifeline benefits from
multiple providers;
(v) Violation of the one-per-household limitation constitutes a
violation of the Commission's rules and will result in the subscriber's
de-enrollment from the program; and
(vi) Lifeline is a non-transferable benefit and the subscriber may
not transfer his or her benefit to any other person.
(2) The form provided by the entity enrolling subscribers must
require each prospective subscriber to provide the information in
paragraphs (d)(2)(i) through (viii) of this section:
(i) The subscriber's full name;
(ii) The subscriber's full residential address;
(iii) Whether the subscriber's residential address is permanent or
temporary;
(iv) The subscriber's billing address, if different from the
subscriber's residential address;
(v) The subscriber's date of birth;
(vi) The last four digits of the subscriber's social security
number, or the subscriber's Tribal identification number, if the
subscriber is a member of a Tribal nation and does not have a social
security number;
(vii) If the subscriber is seeking to qualify for Lifeline under the
program-based criteria, as set forth in Sec.54.409, the name of the
qualifying assistance program from which the subscriber, his or her
dependents, or his or her household receives benefits; and
(viii) If the subscriber is seeking to qualify for Lifeline under
the income-based criterion, as set forth in Sec.54.409, the number of
individuals in his or her household.
(3) The form provided by the entity enrolling subscribers shall
require each prospective subscriber to initial his or her
acknowledgement of each of the certifications in paragraphs (d)(3)(i)
[[Page 197]]
through (viii) of this section individually and under penalty of
perjury:
(i) The subscriber meets the income-based or program-based
eligibility criteria for receiving Lifeline, provided in Sec.54.409;
(ii) The subscriber will notify the carrier within 30 days if for
any reason he or she no longer satisfies the criteria for receiving
Lifeline including, as relevant, if the subscriber no longer meets the
income-based or program-based criteria for receiving Lifeline support,
the subscriber is receiving more than one Lifeline benefit, or another
member of the subscriber's household is receiving a Lifeline benefit.
(iii) If the subscriber is seeking to qualify for Lifeline as an
eligible resident of Tribal lands, he or she lives on Tribal lands, as
defined in 54.400(e);
(iv) If the subscriber moves to a new address, he or she will
provide that new address to the eligible telecommunications carrier
within 30 days;
(v) The subscriber's household will receive only one Lifeline
service and, to the best of his or her knowledge, the subscriber's
household is not already receiving a Lifeline service;
(vi) The information contained in the subscriber's certification
form is true and correct to the best of his or her knowledge,
(vii) The subscriber acknowledges that providing false or fraudulent
information to receive Lifeline benefits is punishable by law; and
(viii) The subscriber acknowledges that the subscriber may be
required to re-certify his or her continued eligibility for Lifeline at
any time, and the subscriber's failure to re-certify as to his or her
continued eligibility will result in de-enrollment and the termination
of the subscriber's Lifeline benefits pursuant to Sec.54.405(e)(4).
(e) State Lifeline administrators or other state agencies that are
responsible for the initial determination of a subscriber's eligibility
for Lifeline must provide each eligible telecommunications carrier with
a copy of each of the certification forms collected by the state
Lifeline administrator or other state agency for that carrier's
subscribers.
(f) Annual eligibility re-certification process.
(1) All eligible telecommunications carriers must annually re-
certify all subscribers, except for subscribers in states where the
National Verifier, state Lifeline administrator, or other state agency
is responsible for the annual re-certification of subscribers' Lifeline
eligibility.
(2) In order to re-certify a subscriber's eligibility, an eligible
telecommunications carrier must confirm a subscriber's current
eligibility to receive Lifeline by:
(i) Querying the appropriate eligibility databases, confirming that
the subscriber still meets the program-based eligibility requirements
for Lifeline, and documenting the results of that review; or
(ii) Querying the appropriate income databases, confirming that the
subscriber continues to meet the income-based eligibility requirements
for Lifeline, and documenting the results of that review.
(iii) If the subscriber's program-based or income-based eligibility
for Lifeline cannot be determined by accessing one or more eligibility
databases, then the eligible telecommunications carrier must obtain a
signed certification from the subscriber confirming the subscriber's
continued eligibility. If the subscriber's eligibility was previously
confirmed through an eligibility database during enrollment or a prior
recertification and the subscriber is no longer included in any
eligibility database, the eligible telecommunications carrier must
obtain both an Annual Recertification Form and documentation meeting the
requirements of paragraph (b)(1)(i)(B) or (c)(1)(i)(B) from that
subscriber to complete the process. Eligible telecommunications carriers
must use the Wireline Competition Bureau-approved universal Annual
Recertification Form, except where state law, state regulation, a state
Lifeline administrator, or a state agency requires eligible
telecommunications carriers to use state-specific Lifeline
recertification forms.
(iv) In states in which the National Verifier has been implemented,
the eligible telecommunications carrier cannot re-certify subscribers
not found in
[[Page 198]]
the National Verifier by obtaining a certification form from the
subscriber.
(3) Where the National Verifier, state Lifeline administrator, or
other state agency is responsible for re-certification of a subscriber's
Lifeline eligibility, the National Verifier, state Lifeline
administrator, or state agency must confirm a subscriber's current
eligibility to receive a Lifeline service by:
(i) Querying the appropriate eligibility databases, confirming that
the subscriber still meets the program-based eligibility requirements
for Lifeline, and documenting the results of that review; or
(ii) Querying the appropriate income databases, confirming that the
subscriber continues to meet the income-based eligibility requirements
for Lifeline, and documenting the results of that review.
(iii) If the subscriber's program-based or income-based eligibility
for Lifeline cannot be determined by accessing one or more eligibility
databases, then the National Verifier, state Lifeline administrator, or
state agency must obtain a signed certification from the subscriber
confirming the subscriber's continued eligibility. If the subscriber's
eligibility was previously confirmed through an eligibility database
during enrollment or a prior recertification and the subscriber is no
longer included in any eligibility database, the National Verifier,
state Lifeline administrator, or state agency must obtain both an
approved Annual Recertification Form and documentation meeting the
requirements of paragraph (b)(1)(i)(B) or (c)(1)(i)(B) from that
subscriber to complete the certification process. Entities responsible
for re-certification under this section must use the Wireline
Competition Bureau-approved universal Annual Recertification Form,
except where state law, state regulation, a state Lifeline
administrator, or a state agency requires eligible telecommunications
carriers to use state-specific Lifeline recertification forms, or where
the National Verifier Recertification Form is required.
(4) Where the National Verifier, state Lifeline administrator, or
other state agency is responsible for re-certification of subscribers'
Lifeline eligibility, the National Verifier, state Lifeline
administrator, or other state agency must provide to each eligible
telecommunications carrier the results of its annual re-certification
efforts with respect to that eligible telecommunications carrier's
subscribers.
(5) If an eligible telecommunications carrier is unable to re-
certify a subscriber or has been notified by the National Verifier, a
state Lifeline administrator, or other state agency that it is unable to
re-certify a subscriber, the eligible telecommunications carrier must
comply with the de-enrollment requirements provided for in Sec.
54.405(e)(4).
(g) One-Per-Household Worksheet. If the prospective subscriber
shares an address with one or more existing Lifeline subscribers
according to the National Lifeline Accountability Database or National
Verifier, the prospective subscriber must complete a form certifying
compliance with the one-per-household rule upon initial enrollment.
Eligible telecommunications carriers must fulfill the requirement in
this paragraph (g) by using the Household Worksheet, as provided by the
Wireline Competition Bureau. Where state law, state regulation, a state
Lifeline administrator, or a state agency requires eligible
telecommunications carriers to use state-specific Lifeline enrollment
forms, eligible telecommunications carriers may use those forms in place
of the Commission's Household Worksheet. At re-certification, if there
are changes to the subscriber's household that would prevent the
subscriber from accurately certifying to paragraph (d)(3)(vi) of this
section, then the subscriber must complete a new Household Worksheet.
Eligible telecommunications carriers must mark subscribers as having
completed a Household Worksheet in the National Lifeline Accountability
Database if and only if the subscriber shares an address with an
existing Lifeline subscriber, as reported by the National Lifeline
Accountability Database.
(h) National Verifier transition. As the National Verifier is
implemented in a state, the obligations in paragraphs (b) through (g) of
this section with respect to the National Verifier and eligible
[[Page 199]]
telecommunications carriers will also take effect.
[77 FR 12970, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012; 78
FR 40970, July 9, 2013; 80 FR 40935, July 14, 2015; 81 FR 33093, May 24,
2016; 83 FR 2085, Jan. 16, 2018; 84 FR 71328, Dec. 27, 2019]
Sec.54.411 [Reserved]
Sec.54.412 Off reservation Tribal lands designation process.
(a) The Commission's Wireline Competition Bureau and the Office of
Native Affairs and Policy may, upon receipt of a request made in
accordance with the requirements of this section, designate as Tribal
lands, for the purposes of the Lifeline and Tribal Link Up program,
areas or communities that fall outside the boundaries of existing Tribal
lands but which maintain the same characteristics as lands identified as
Tribal lands defined as in Sec.54.400(e).
(b) A request for designation must be made to the Commission by a
duly authorized official of a federally recognized American Indian Tribe
or Alaska Native Village.
(c) A request for designation must clearly describe a defined
geographical area for which the requesting party seeks designation as
Tribal lands.
(d) A request for designation must demonstrate the Tribal character
of the area or community.
(e) A request for designation must provide sufficient evidence of a
nexus between the area or community and the Tribe, and describe in
detail how program support to the area or community would aid the Tribe
in serving the needs and interests of its citizens and further the
Commission's goal of increasing telecommunications access on Tribal
lands.
(f) Upon designation by the Wireline Competition Bureau and the
Office of Native Affairs and Policy, the area or community described in
the designation shall be considered Tribal lands for the purposes of
this subpart.
[77 FR 12972, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012]
Sec.54.413 Link Up for rural Tribal lands.
(a) For purposes of this subpart, the term ``Tribal Link Up'' means
an assistance program for eligible residents of Tribal lands, if the
subscriber's location is rural, as defined in Sec.54.505(b)(3)(i) and
(ii), seeking telecommunications service from a telecommunications
carrier that is receiving high-cost support on rural Tribal lands,
pursuant to subpart D of this part, that provides:
(1) A 100 percent reduction, up to $100, of the customary charge for
commencing telecommunications service for a single telecommunications
connection at a subscriber's principal place of residence imposed by an
eligible telecommunications carrier that is also receiving high-cost
support on rural Tribal lands, pursuant to subpart D of this part. For
purposes of this subpart, a ``customary charge for commencing
telecommunications service'' is the ordinary charge an eligible
telecommunications carrier imposes and collects from all subscribers to
initiate service with that eligible telecommunications carrier. A charge
imposed only on qualifying low-income consumers to initiate service is
not a customary charge for commencing telecommunications service.
Activation charges routinely waived, reduced, or eliminated with the
purchase of additional products, services, or minutes are not customary
charges eligible for universal service support; and
(2) A deferred schedule of payments of the customary charge for
commencing telecommunications service for a single telecommunications
connection at a subscriber's principal place of residence imposed by an
eligible telecommunications carrier that is also receiving high-cost
support on rural Tribal lands, pursuant to subpart D of this part, for
which the eligible resident of rural Tribal lands does not pay interest.
The interest charges not assessed to the eligible resident of rural
Tribal lands shall be for a customary charge for connecting the
telecommunications service of up to $200 and such interest charges shall
be deferred for a period not to exceed one year.
(b) An eligible resident of rural Tribal lands may receive the
benefit of the Tribal Link Up program for a second or subsequent time
only for otherwise qualifying commencement of telecommunications service
at a principal
[[Page 200]]
place of residence with an address different from the address for which
Tribal Link Up assistance was provided previously.
[83 FR 2085, Jan. 16, 2018]
Effective Date Note: At 83 FR 2085, Jan. 16, 2018, Sec.54.413 was
revised. This section contains information collection and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.
Sec.54.414 Reimbursement for Tribal Link Up.
(a) Eligible telecommunications carriers that are receiving high-
cost support, pursuant to subpart D of this part, may receive universal
service support reimbursement for the reduction in their customary
charge for commencing telecommunications service and for providing a
deferred schedule for payment of the customary charge for commencing
telecommunications services for which the subscriber does not pay
interest, in conformity with Sec.54.413.
(b) In order to receive universal support reimbursement for
providing Tribal Link Up, eligible telecommunications carriers must use
the maps made available by the Administrator to determine an eligible
resident of rural Tribal lands' initial eligibility for Tribal Link Up.
Eligible telecommunications carriers must obtain a certification form
from each eligible resident of Tribal lands that complies with Sec.
54.410 prior to enrolling him or her in Tribal Link Up.
(c) In order to receive universal service support reimbursement for
providing Tribal Link Up, eligible telecommunications carriers must keep
accurate records of the reductions in their customary charge for
commencing telecommunications service and for providing a deferred
schedule for payment of the charges assessed for commencing service for
which the subscriber does not pay interest, in conformity with Sec.
54.413. Such records shall be kept in the form directed by the
Administrator and provided to the Administrator at intervals as directed
by the Administrator or as provided in this subpart. The reductions in
the customary charge for which the eligible telecommunications carrier
may receive reimbursement shall include only the difference between the
carrier's customary connection or interest charges and the charges
actually assessed to the subscriber receiving Lifeline services.
[77 FR 12973, Mar. 2, 2012, as amended at 83 FR 2085, Jan. 16, 2018]
Effective Date Note: At 83 FR 2085, Jan. 16, 2018, Sec.54.414(b)
was revised.. This paragraph contains information collection and
recordkeeping requirements and will not become effective until approval
has been given by the Office of Management and Budget.
Sec.54.416 Annual certifications by eligible telecommunications carriers.
(a) Eligible telecommunications carrier certifications. Eligible
telecommunications carriers are required to make and submit to the
Administrator the following annual certifications, under penalty of
perjury, relating to the Lifeline program:
(1) An officer of each eligible telecommunications carrier must
certify that the carrier has policies and procedures in place to ensure
that its Lifeline subscribers are eligible to receive Lifeline services.
Each eligible telecommunications carrier must make this certification
annually to the Administrator as part of the carrier's submission of
annual re-certification data pursuant to this section. In instances
where an eligible telecommunications carrier confirms consumer
eligibility by relying on income or eligibility databases, as defined in
Sec.54.410(b)(1)(i)(A) or (c)(1)(i)(A), the representative must attest
annually as to what specific data sources the eligible
telecommunications carrier used to confirm eligibility.
(2) An officer of the eligible telecommunications carrier must
certify that the carrier is in compliance with all federal Lifeline
certification procedures. Eligible telecommunications carriers must make
this certification annually to the Administrator as part of the
carrier's submission of re-certification data pursuant to this section.
(3) An officer of the eligible telecommunications carrier must
certify that the carrier is in compliance with the minimum service
levels set forth in Sec.54.408. Eligible telecommunications carriers
must make this certification
[[Page 201]]
annually to the Administrator as part of the carrier's submission of re-
certification data pursuant to this section.
(b) All eligible telecommunications carriers must annually provide
the results of their re-certification efforts, performed pursuant to
Sec.54.410(f), to the Commission and the Administrator. Eligible
telecommunications carriers designated as such by one or more states
pursuant to Sec.54.201 must also provide, on an annual basis, the
results of their re-certification efforts to state commissions for
subscribers residing in those states where the state designated the
eligible telecommunications carrier. Eligible telecommunications
carriers must also provide their annual re-certification results for
subscribers residing on Tribal lands to the relevant Tribal governments.
(c) States that mandate Lifeline support may impose additional
standards on eligible telecommunications carriers operating in their
states to ensure compliance with state Lifeline programs.
[77 FR 12973, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012; 81
FR 33094, May 24, 2016]
Sec.54.417 Recordkeeping requirements.
(a) Eligible telecommunications carriers must maintain records to
document compliance with all Commission and state requirements governing
the Lifeline and Tribal Link Up program for the three full preceding
calendar years and provide that documentation to the Commission or
Administrator upon request. Eligible telecommunications carriers must
maintain the documentation required in Sec. Sec.54.404 (b)(11),
54.410(b), 54.410 (c), 54.410(d), and 54.410(f) for as long as the
subscriber receives Lifeline service from that eligible
telecommunications carrier, but for no less than the three full
preceding calendar years.
(b) Prior to the effective date of the rules, if an eligible
telecommunications carrier provides Lifeline discounted wholesale
services to a reseller, it must obtain a certification from that
reseller that it is complying with all Commission requirements governing
the Lifeline and Tribal Link Up program. Beginning on the effective date
of the rules, the eligible telecommunications carrier must retain the
reseller certification for the three full preceding calendar years and
provide that documentation to the Commission or Administrator upon
request.
(c) Non-eligible telecommunications carrier resellers that purchased
Lifeline discounted wholesale services to offer discounted services to
low-income consumers prior to the effective date of the rules, must
maintain records to document compliance with all Commission requirements
governing the Lifeline and Tribal Link Up program for the three full
preceding calendar years and provide that documentation to the
Commission or Administrator upon request.
[80 FR 40935, July 14, 2015]
Sec.54.419 Validity of electronic signatures.
(a) For the purposes of this subpart, an electronic signature,
defined by the Electronic Signatures in Global and National Commerce
Act, as an electronic sound, symbol, or process, attached to or
logically associated with a contract or other record and executed or
adopted by a person with the intent to sign the record, has the same
legal effect as a written signature.
(b) For the purposes of this subpart, an electronic record, defined
by the Electronic Signatures in Global and National Commerce Act as a
contract or other record created, generated, sent, communicated,
received, or stored by electronic means, constitutes a record.
[77 FR 12974, Mar. 2, 2012]
Sec.54.420 Low income program audits.
(a) Independent audit requirements for eligible telecommunications
carriers. Eligible telecommunications carriers identified by USAC must
obtain a third-party biennial audit of their compliance with the rules
in this subpart. Such engagements shall be agreed upon performance
attestations to assess the company's overall compliance with the rules
in this subpart and the company's internal controls regarding the
regulatory requirements in this subpart.
(1) Eligible telecommunications carriers will be selected for audit
based on risk-based criteria developed by USAC
[[Page 202]]
and approved by the Office of Managing Director and the Wireline
Competition Bureau.
(2) The initial audit must be completed one year after the
Commission issues a standardized audit plan outlining the scope of the
engagement and the extent of compliance testing to be performed by
third-party auditors and shall be conducted every two years thereafter,
unless directed otherwise by the Commission. The following minimum
requirements shall apply:
(i) The audit must be conducted by a licensed certified public
accounting firm that is independent of the carrier.
(ii) The engagement shall be conducted consistent with government
accounting standards (GAGAS).
(3) The certified public accounting firm shall submit to the
Commission any rule interpretations necessary to complete the biennial
audit, and the Administrator shall notify all firms subject to the
biennial audit requirement of such requests. The audit issue will be
noted, but not held as a negative finding, in future audit reports for
all carriers subject to this requirement unless and until guidance has
been provided by the Commission.
(4) Within 60 days after completion of the audit work, but prior to
finalization of the report, the third party auditor shall submit a draft
of the audit report to the Commission and the Administrator, who shall
be deemed authorized users of such reports. Finalized audit reports must
be provided to the Commission, the Administrator, and relevant states
and Tribal governments within 30 days of the issuance of the final audit
report. The reports will not be considered or deemed confidential.
(5) Delegated authority. The Wireline Competition Bureau and the
Office of Managing Director have delegated authority to perform the
functions specified in paragraphs (a)(2) and (a)(3) of this section.
(b) Audit requirements for new eligible telecommunications carriers.
After a company is designated for the first time in any state or
territory, the Administrator will audit that new eligible
telecommunications carrier to assess its overall compliance with the
rules in this subpart and the company's internal controls regarding
these regulatory requirements. This audit should be conducted within the
carrier's first twelve months of seeking federal low-income Universal
Service Fund support, unless otherwise determined by the Office of
Managing Director.
[77 FR 12974, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012; 81
FR 33094, May 24, 2016; 84 FR 71329, Dec. 27, 2019]
Sec.54.422 Annual reporting for eligible telecommunications carriers
that receive low-income support.
(a) In order to receive support under this subpart, an eligible
telecommunications carrier must annually report:
(1) The company name, names of the company's holding company,
operating companies and affiliates, and any branding (a ``dba,'' or
``doing-business-as company'' or brand designation) as well as relevant
universal service identifiers for each such entity by Study Area Code.
For purposes of this paragraph, ``affiliates'' has the meaning set forth
in section 3(2) of the Communications Act of 1934, as amended; and
(2) Information describing the terms and conditions of any voice
telephony service plans offered to Lifeline subscribers, including
details on the number of minutes provided as part of the plan,
additional charges, if any, for toll calls, and rates for each such
plan. To the extent the eligible telecommunications carrier offers plans
to Lifeline subscribers that are generally available to the public, it
may provide summary information regarding such plans, such as a link to
a public Web site outlining the terms and conditions of such plans.
(b) In order to receive support under this subpart, a common carrier
that is designated as an eligible telecommunications carrier under
section 214(e)(6) of the Act and does not receive support under subpart
D of this part must annually provide:
(1) Detailed information on any outage in the prior calendar year,
as that term is defined in 47 CFR 4.5, of at least 30 minutes in
duration for each service area in which the eligible telecommunications
carrier is designated for any facilities it owns, operates, leases, or
otherwise utilizes that potentially affect
[[Page 203]]
(i) At least ten percent of the end users served in a designated
service area; or
(ii) A 911 special facility, as defined in 47 CFR 4.5(e).
(iii) Specifically, the eligible telecommunications carrier's annual
report must include information detailing:
(A) The date and time of onset of the outage;
(B) A brief description of the outage and its resolution;
(C) The particular services affected;
(D) The geographic areas affected by the outage;
(E) Steps taken to prevent a similar situation in the future; and
(F) The number of customers affected.
(2) The number of complaints per 1,000 connections (fixed or mobile)
in the prior calendar year;
(3) Certification of compliance with applicable minimum service
standards, as set forth in Sec.54.408, service quality standards, and
consumer protection rules;
(4) Certification that the carrier is able to function in emergency
situations as set forth in Sec.54.202(a)(2).
(c) All reports required by this section must be filed with the
Office of the Secretary of the Commission, and with the Administrator.
Such reports must also be filed with the relevant state commissions and
the relevant authority in a U.S. territory or Tribal governments, as
appropriate.
[77 FR 38534, June 28, 2012, as amended at 81 FR 33095, May 24, 2016]
Sec.54.423 Budget.
(a) Amount of the annual budget. The initial annual budget on
federal universal support for the Lifeline program shall be $2.25
billion.
(1) Inflation increase. In funding year 2016 and subsequent funding
years, the $2.25 billion funding cap on federal universal service
support for Lifeline shall be automatically increased annually to take
into account increases in the rate of inflation as calculated in
paragraph (a)(2) of this section.
(2) Increase calculation. To measure increases in the rate of
inflation for the purposes of paragraph (a) of this section, the
Commission shall use the Consumer Price Index for all items from the
Department of Labor, Bureau of Labor Statistics. To compute the annual
increase as required by this paragraph (a), the percentage increase in
the Consumer Price Index from the previous year will be used. For
instance, the annual increase in the Consumer Price Index from 2015 to
2016 would be used for the 2017 funding year. The increase shall be
rounded to the nearest 0.1 percent by rounding 0.05 percent and above to
the next higher 0.1 percent and otherwise rounding to the next lower 0.1
percent. This percentage increase shall be added to the amount of the
annual funding cap from the previous funding year. If the yearly average
Consumer Price Index decreases or stays the same, the annual funding cap
shall remain the same as the previous year.
(3) The Wireline Competition Bureau shall issue a public notice on
or before July 31 containing the results of the calculations described
in Sec.54.403(a)(2) and setting the budget for the upcoming year
beginning on January 1.
(b) If spending in the Lifeline program meets or exceeds 90 percent
of the Lifeline budget in a calendar year, the Wireline Competition
Bureau shall prepare a report evaluating program disbursements and
describing the reasons for the program's growth along with any other
information relevant to the operation of the Lifeline program. The
Bureau shall submit the report to the Commission by July 31st of the
following year.
[81 FR 33095, May 24, 2016]
Effective Date Note: At 81 FR 33095, May 24, 2016, Sec.54.423 was
added. This section contains information collection and recordkeeping
requirements and will not become effective until approval has been given
by the Office of Management and Budget.
Subpart F_Universal Service Support for Schools and Libraries
Sec.54.500 Terms and definitions.
Basic maintenance. A service is eligible for support as a ``basic
maintenance'' service if, but for the maintenance at issue, the internal
connection
[[Page 204]]
would not function and serve its intended purpose with the degree of
reliability ordinarily provided in the marketplace to entities receiving
such services. Basic maintenance services do not include services that
maintain equipment that is not supported by E-rate or that enhance the
utility of equipment beyond the transport of information, or diagnostic
services in excess of those necessary to maintain the equipment's
ability to transport information.
Billed entity. A ``billed entity'' is the entity that remits payment
to service providers for services rendered to eligible schools and
libraries.
Consortium. A ``consortium'' is any local, statewide, regional, or
interstate cooperative association of schools and/or libraries eligible
for E-rate support that seeks competitive bids for eligible services or
funding for eligible services on behalf of some or all of its members. A
consortium may also include health care providers eligible under subpart
G of this part, and public sector (governmental) entities, including,
but not limited to, state colleges and state universities, state
educational broadcasters, counties, and municipalities, although such
entities are not eligible for support. Eligible schools and libraries
may not join consortia with ineligible private sector members unless the
pre-discount prices of any services that such consortium receives are
generally tariffed rates.
Educational purposes. For purposes of this subpart, activities that
are integral, immediate, and proximate to the education of students, or
in the case of libraries, integral, immediate and proximate to the
provision of library services to library patrons, qualify as
``educational purposes.'' Activities that occur on library or school
property are presumed to be integral, immediate, and proximate to the
education of students or the provision of library services to library
patrons.
Elementary school. An ``elementary school'' means an elementary
school as defined in 20 U.S.C. 7801(18), a non-profit institutional day
or residential school, including a public elementary charter school,
that provides elementary education, as determined under state law.
Internal connections. A service is eligible for support as a
component of an institution's ``internal connections'' if such service
is necessary to transport or distribute broadband within one or more
instructional buildings of a single school campus or within one or more
non-administrative buildings that comprise a single library branch.
Library. A ``library'' includes:
(1) A public library;
(2) A public elementary school or secondary school library;
(3) An academic library;
(4) A research library, which for the purpose of this section means
a library that:
(i) Makes publicly available library services and materials suitable
for scholarly research and not otherwise available to the public; and
(ii) Is not an integral part of an institution of higher education;
and
(5) A private library, but only if the state in which such private
library is located determines that the library should be considered a
library for the purposes of this definition.
Library consortium. A ``library consortium'' is any local,
statewide, regional, or interstate cooperative association of libraries
that provides for the systematic and effective coordination of the
resources of schools, public, academic, and special libraries and
information centers, for improving services to the clientele of such
libraries. For the purposes of these rules, references to library will
also refer to library consortium.
Lowest corresponding price. ``Lowest corresponding price'' is the
lowest price that a service provider charges to non-residential
customers who are similarly situated to a particular school, library, or
library consortium for similar services.
Managed internal broadband services. A service is eligible for
support as ``managed internal broadband services'' if provided by a
third party for the operation, management, and monitoring of the
eligible components of a school or library local area network (LAN) and/
or wireless LAN.
Master contract. A ``master contract'' is a contract negotiated with
a service provider by a third party, the terms and conditions of which
are then made
[[Page 205]]
available to an eligible school, library, rural health care provider, or
consortium that purchases directly from the service provider.
Minor contract modification. A ``minor contract modification'' is a
change to a universal service contract that is within the scope of the
original contract and has no effect or merely a negligible effect on
price, quantity, quality, or delivery under the original contract.
National school lunch program. The ``national school lunch program''
is a program administered by the U.S. Department of Agriculture and
state agencies that provides free or reduced price lunches to
economically disadvantaged children. A child whose family income is
between 130 percent and 185 percent of applicable family size income
levels contained in the nonfarm poverty guidelines prescribed by the
Office of Management and Budget is eligible for a reduced price lunch. A
child whose family income is 130 percent or less of applicable family
size income levels contained in the nonfarm income poverty guidelines
prescribed by the Office of Management and Budget is eligible for a free
lunch.
Pre-discount price. The ``pre-discount price'' means, in this
subpart, the price the service provider agrees to accept as total
payment for its telecommunications or information services. This amount
is the sum of the amount the service provider expects to receive from
the eligible school or library and the amount it expects to receive as
reimbursement from the universal service support mechanisms for the
discounts provided under this subpart.
Secondary school. A ``secondary school'' means a secondary school as
defined in 20 U.S.C. 7801(38), a non-profit institutional day or
residential school, including a public secondary charter school, that
provides secondary education, as determined under state law except that
the term does not include any education beyond grade 12.
State telecommunications network. A ``state telecommunications
network'' is a state government entity that procures, among other
things, telecommunications offerings from multiple service providers and
bundles such offerings into packages available to schools, libraries, or
rural health care providers that are eligible for universal service
support, or a state government entity that provides, using its own
facilities, such telecommunications offerings to such schools,
libraries, and rural health care providers.
Voice services. ``Voice services'' include local phone service, long
distance service, plain old telephone service (POTS), radio loop, 800
service, satellite telephone, shared telephone service, Centrex,
wireless telephone service such as cellular, interconnected voice over
Internet protocol (VoIP), and the circuit capacity dedicated to
providing voice services.
Wide area network. For purposes of this subpart, a ``wide area
network'' is a voice or data network that provides connections from one
or more computers within an eligible school or library to one or more
computers or networks that are external to such eligible school or
library. Excluded from this definition is a voice or data network that
provides connections between or among instructional buildings of a
single school campus or between or among non-administrative buildings of
a single library branch.
[63 FR 2128, Jan. 13, 1998, as amended at 68 FR 36942, June 20, 2003; 76
FR 56302, Sept. 13, 2011; 79 FR 49197, Aug. 19, 2014; 79 FR 68634, Nov.
18, 2014]
Sec.54.501 Eligible recipients.
(a) Schools. (1) Only schools meeting the statutory definition of
``elementary school'' or ``secondary school'' as defined in Sec.54.500
of this subpart, and not excluded under paragraphs (a)(2) or (3) of this
section shall be eligible for discounts on telecommunications and other
supported services under this subpart.
(2) Schools operating as for-profit businesses shall not be eligible
for discounts under this subpart.
(3) Schools with endowments exceeding $50,000,000 shall not be
eligible for discounts under this subpart.
(b) Libraries. (1) Only libraries eligible for assistance from a
State library administrative agency under the Library Services and
Technology Act (Pub. L. 104-208) and not excluded under paragraphs
(b)(2) or (3) of this
[[Page 206]]
section shall be eligible for discounts under this subpart.
(2) A library's eligibility for universal service funding shall
depend on its funding as an independent entity. Only libraries whose
budgets are completely separate from any schools (including, but not
limited to, elementary and secondary schools, colleges, and
universities) shall be eligible for discounts as libraries under this
subpart.
(3) Libraries operating as for-profit businesses shall not be
eligible for discounts under this subpart.
(c) Consortia.
(1) For consortia, discounts under this subpart shall apply only to
the portion of eligible telecommunications and other supported services
used by eligible schools and libraries.
(2) Service providers shall keep and retain records of rates charged
to and discounts allowed for eligible schools and libraries--on their
own or as part of a consortium. Such records shall be available for
public inspection.
[62 FR 32948, June 17, 1997, as amended at 63 FR 2129, Jan. 13, 1998; 68
FR 36942, June 20, 2003; 75 FR 75411, Dec. 3, 2010; 76 FR 56302, Sept.
13, 2011; 79 FR 49198, Aug. 19, 2014; 79 FR 68634, Nov. 18, 2014]
Sec.54.502 Eligible services.
(a) Supported services. All supported services are listed in the
Eligible Services List as updated annually in accordance with paragraph
(d) of this section. The services in this subpart will be supported in
addition to all reasonable charges that are incurred by taking such
services, such as state and federal taxes. Charges for termination
liability, penalty surcharges, and other charges not included in the
cost of taking such service shall not be covered by the universal
service support mechanisms. The supported services fall within the
following general categories:
(1) Category one. Telecommunications services, telecommunications,
and Internet access, as defined in Sec.54.5 and described in the
Eligible Services List are category one supported services.
(2) Category two. Internal connections, basic maintenance and
managed internal broadband services as defined in Sec.54.500 and
described in the Eligible Services List are category two supported
services.
(b) Funding years 2015-2019. Libraries, schools, or school districts
with schools that receive funding for category two services in any of
the funding years between 2015 and 2019 shall be eligible for support
for category two services pursuant to paragraphs (b)(1) through (6) of
this section.
(1) Five-year budget. Each eligible school or library shall be
eligible for a budgeted amount of support for category two services over
a five-year funding cycle beginning the first funding year support is
received. Excluding support for internal connections received prior to
funding year 2015, each school or library shall be eligible for the
total available budget less any support received for category two
services in the prior funding years of that school's or library's five-
year funding cycle. The budgeted amounts and the funding floor shall be
adjusted for inflation annually in accordance with Sec.54.507(a)(2).
(2) School budget. Each eligible school shall be eligible for
support for category two services up to a pre-discount price of $150 per
student over a five-year funding cycle. Applicants shall provide the
student count per school, calculated at the time that the discount is
calculated each funding year. New schools may estimate the number of
students, but shall repay any support provided in excess of the maximum
budget based on student enrollment the following funding year.
(3) Library budget. Each eligible library shall be eligible for
support for category two services, up to a pre-discount price of $2.30
per square foot over a five-year funding cycle. Libraries shall provide
the total area for all floors, in square feet, of each library outlet
separately, including all areas enclosed by the outer walls of the
library outlet and occupied by the library, including those areas off-
limits to the public.
(4) Funding floor. Each eligible school and library will be eligible
for support for category two services up to at least a pre-discount
price of $9,200 over five funding years.
(5) Requests. Applicants shall request support for category two
services for
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each school or library based on the number of students per school
building or square footage per library building. Category two funding
for a school or library may not be used for another school or library.
If an applicant requests less than the maximum budget available for a
school or library, the applicant may request the remaining balance in a
school's or library's category two budget in subsequent funding years of
a five year cycle. The costs for category two services shared by
multiple eligible entities shall be divided reasonably between each of
the entities for which support is sought in that funding year.
(6) Non-instructional buildings. Support is not available for
category two services provided to or within non-instructional school
buildings or separate library administrative buildings unless those
category two services are essential for the effective transport of
information to or within one or more instructional buildings of a school
or non-administrative library buildings, or the Commission has found
that the use of those services meets the definition of educational
purpose, as defined in Sec.54.500. When applying for category two
support for eligible services to a non-instructional school building or
library administrative building, the applicant shall allocate the cost
of providing services to one or more of the eligible school or library
buildings that benefit from those services being provided.
(c) Funding year 2020. Libraries, schools, or school districts with
schools that receive funding for category two services in funding year
2020 shall be eligible for support for category two services pursuant to
paragraphs (c)(1) through (6) of this section.
(1) Six-year funding cycle. Each eligible school or library shall be
eligible for a budgeted amount of support for category two services over
a six-year funding cycle. Each school or library shall be eligible for
the total available budget less the pre-discount amount of any support
received for category two services in the prior funding years of that
school's or library's six-year funding cycle.
(2) School budget. Each eligible school shall be eligible for
support for category two services up to a pre-discount price of $150
plus an additional prorated 20% (adjusted for inflation dating back to
funding year 2015) over six funding years that will be completed at the
end of funding year 2020. Applicants shall provide the student count per
school, calculated at the time that the discount is calculated each
funding year. New schools may estimate the number of students but shall
repay any support provided in excess of the maximum budget based on
student enrollment the following funding year.
(3) Library budget. Each eligible library located within the
Institute of Museum and Library Services locale codes of ``11--City,
Large,'' defined as a territory inside an urbanized area and inside a
principal city with a population of 250,000 or more, ``12--City,
Midsize,'' defined as a territory inside an urbanized area and inside a
principal city with a population less than 250,000 and greater than or
equal to 100,000, or ``21--Suburb, Large,'' defined as a territory
outside a principal city and inside an urbanized area with population of
250,000 or more, shall be eligible for support for category two
services, up to a pre-discount price of $5.00 per square foot plus an
additional prorated 20% (adjusted for inflation dating back to funding
year 2015) over six funding years that will be completed at the end of
funding year 2020. All other eligible libraries shall be eligible for
support for category two services, up to a pre-discount price of $2.30
per square foot plus an additional prorated 20% (adjusted for inflation
dating back to funding year 2015) over a six-year funding cycle that
will be completed at the end of funding year 2020. Libraries shall
provide the total area for all floors, in square feet, of each library
outlet separately, including all areas enclosed by the outer walls of
the library outlet and occupied by the library, including those areas
off-limits to the public.
(4) Funding floor. Each eligible school and library will be eligible
for support for category two services of at least a pre-discount price
of $9,200 plus an additional prorated 20% (adjusted for inflation dating
back to funding year 2015) over six funding years that will be
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completed at the end of funding year 2020.
(5) Requests. Applicants shall request support for category two
services for each school or library based on the number of students per
school building or square footage per library building. Category two
funding for a school or library may not be used for another school or
library. The costs for category two services shared by multiple eligible
entities shall be divided reasonably between each of the entities for
which support is sought in that funding year.
(6) Non-instructional buildings. Support is not available for
category two services provided to or within non-instructional school
buildings or separate library administrative buildings unless those
category two services are essential for the effective transport of
information to or within one or more instructional buildings of a school
or non-administrative library buildings, or the Commission has found
that the use of those services meets the definition of educational
purpose, as defined in Sec.54.500. When applying for category two
support for eligible services to a non-instructional school building or
library administrative building, the applicant shall allocate the cost
of providing services to one or more of the eligible school or library
buildings that benefit from those services being provided.
(d) Funding year 2021 and beyond. Schools, school districts,
libraries, and library systems shall be eligible for support for
category two services pursuant to the five-year budgets described in
paragraphs (d)(1) through (6) of this section.
(1) Fixed five-year funding cycle. Beginning in funding year 2021,
each eligible school, school district, library, or library system shall
be eligible for a budgeted amount of pre-discount support for category
two services over a five-year funding cycle that will reset in funding
year 2026 and subsequently, after every five funding years. Each school,
school district, library, or library system shall be eligible for the
total available budget less the pre-discount amount of any support
received for category two services in the prior funding years of that
fixed five-year funding cycle.
(2) School and school district multipliers. Each eligible school
district and schools operating independently of a school district shall
be eligible for support for category two services up to a pre-discount
price of $167 per student over a five-year funding cycle. The amount of
support will be calculated at the time that the discount is calculated
in the first funding year of the five-year cycle in which the applicant
requests category two support, unless the school or school district
elects to seek additional program support using updated enrollment
numbers in subsequent funding years in the five-year cycle. School
districts shall provide the total number of students within the school
district. Independent charter schools, private schools, and other
eligible educational facilities that operate under the control of a
central administrative agency shall provide the total number of students
under the control of that agency. Schools that are not affiliated
financially or operationally with a school district or central
administrative agency shall provide the total number of students in the
school.
(3) Library and library system multipliers. Library systems and
libraries operating independently of a system shall be eligible for
support for category two services, up to a pre-discount price of $4.50
per square foot over a five-year funding cycle. The amount of support
will be calculated at the time that the discount is calculated in the
first funding year of the five-year cycle in which the applicant
requests category two support, unless the library or library system
elects to seek additional program support using updated square footage
in subsequent funding years in the five-year cycle. Library systems
shall provide the total area for all floors, in square feet, of all of
its library outlets, including all areas enclosed by the outer walls of
the library outlet and occupied by the library, including those areas
off-limits to the public. Independent libraries shall provide the total
area for all floors, in square feet, of all areas enclosed by the outer
walls of the library outlet and
[[Page 209]]
occupied by the library, including those areas off-limits to the public.
(4) Funding floor. Each eligible school and library shall be
eligible for support for category two services of at least a pre-
discount price of $25,000 over five funding years.
(5) Calculation increase. Before funding year 2026 and every
subsequent five-year funding cycle, the Wireline Competition Bureau
shall announce the multipliers and funding floor as adjusted for
inflation at least 60 days before the start of the filing window for the
next five-year funding cycle. The Bureau shall use the last four
quarters of data on the Gross Domestic Product Chain-type Price Index
(GDP-CPI) compared with the equivalent quarters from the beginning of
the five-year funding cycle. The increase shall be rounded to the
nearest 0.1 percent and shall be used to calculate the category two
budget multipliers and funding floor for that five-year funding cycle.
The multipliers and funding floor shall be rounded to the nearest cent.
(6) Non-instructional buildings. Support is not available for
category two services provided to or within non-instructional school
buildings or separate library administrative buildings unless those
category two services are essential for the effective transport of
information to or within one or more instructional buildings of a school
or non-administrative library buildings, or the Commission has found
that the use of those services meets the definition of educational
purpose, as defined in Sec.54.500. When applying for category two
support for eligible services to a non-instructional school building or
library administrative building, the applicant shall deduct the cost of
the non-instructional building's use of the category two services or
equipment.
(e) Eligible services list process. The Administrator shall submit
by March 30 of each year a draft list of services eligible for support,
based on the Commission's rules for the following funding year. The
Wireline Competition Bureau will issue a Public Notice seeking comment
on the Administrator's proposed eligible services list. The final list
of services eligible for support will be released at least 60 days prior
to the opening of the application filing window for the following
funding year.
[62 FR 32948, June 17, 1997, as amended at 79 FR 49198, Aug. 19, 2014;
79 FR 68634, Nov. 18, 2014;80 FR 5988, Feb. 4, 2015; 84 FR 70036, Dec.
20, 2019]
Sec.54.503 Competitive bidding requirements.
(a) All entities participating in the schools and libraries
universal service support program must conduct a fair and open
competitive bidding process, consistent with all requirements set forth
in this subpart.
Note to paragraph (a): The following is an illustrative list of
activities or behaviors that would not result in a fair and open
competitive bidding process: the applicant for supported services has a
relationship with a service provider that would unfairly influence the
outcome of a competition or would furnish the service provider with
inside information; someone other than the applicant or an authorized
representative of the applicant prepares, signs, and submits the FCC
Form 470 and certification; a service provider representative is listed
as the FCC Form 470 contact person and allows that service provider to
participate in the competitive bidding process; the service provider
prepares the applicant's FCC Form 470 or participates in the bid
evaluation or vendor selection process in any way; the applicant turns
over to a service provider the responsibility for ensuring a fair and
open competitive bidding process; an applicant employee with a role in
the service provider selection process also has an ownership interest in
the service provider seeking to participate in the competitive bidding
process; and the applicant's FCC Form 470 does not describe the
supported services with sufficient specificity to enable interested
service providers to submit responsive bids.
(b) Competitive bid requirements. Except as provided in Sec.
54.511(c), an eligible school, library, or consortium that includes an
eligible school or library shall seek competitive bids, pursuant to the
requirements established in this subpart, for all services eligible for
support under Sec.54.502. These competitive bid requirements apply in
addition to state and local competitive bid requirements and are not
intended to preempt such state or local requirements.
(c) Posting of FCC Form 470. (1) An eligible school, library, or
consortium
[[Page 210]]
that includes an eligible school or library seeking bids for eligible
services under this subpart shall submit a completed FCC Form 470 to the
Administrator to initiate the competitive bidding process. The FCC Form
470 and any request for proposal cited in the FCC Form 470 shall
include, at a minimum, the following information:
(i) A list of specified services for which the school, library, or
consortium requests bids;
(ii) Sufficient information to enable bidders to reasonably
determine the needs of the applicant;
(iii) To the extent an applicant seeks the following services or
arrangements, an indication of the applicant's intent to seek:
(A) Construction of network facilities that the applicant will own;
(B) A dark-fiber lease, indefeasible right of use, or other dark-
fiber service agreement or the modulating electronics necessary to light
dark fiber; or
(C) A multi-year installment payment agreement with the service
provider for the non-discounted share of special construction costs;
(iv) To the extent an applicant seeks construction of a network that
the applicant will own, the applicant must also solicit bids for both
the services provided over third-party networks and construction of
applicant-owned network facilities, in the same request for proposals;
(v) To the extent an applicant seeks bids for special construction
associated with dark fiber or bids to lease and light dark fiber, the
applicant must also solicit bids to provide the needed services over lit
fiber; and
(vi) To the extent an applicant seeks bids for equipment and
maintenance costs associated with lighting dark fiber, the applicant
must include these elements in the same FCC Form 470 as the dark fiber.
(2) The FCC Form 470 shall be signed by a person authorized to
request bids for eligible services for the eligible school, library, or
consortium, including such entities.
(i) A person authorized to request bids on behalf of the entities
listed on an FCC Form 470 shall certify under oath that:
(A) The schools meet the statutory definition of ``elementary
school'' or ``secondary school'' as defined in Sec.54.500 of these
rules, do not operate as for-profit businesses, and do not have
endowments exceeding $50 million.
(B) The libraries or library consortia eligible for assistance from
a State library administrative agency under the Library Services and
Technology Act of 1996 do not operate as for-profit businesses and have
budgets that are completely separate from any school (including, but not
limited to, elementary and secondary schools, colleges, and
universities).
(C) Support under this support mechanism is conditional upon the
school(s) and library(ies) securing access to all of the resources,
including computers, training, software, maintenance, internal
connections, and electrical connections necessary to use the services
purchased effectively.
(ii) A person authorized to both request bids and order services on
behalf of the entities listed on an FCC Form 470 shall, in addition to
making the certifications listed in paragraph (c)(2)(i) of this section,
certify under oath that:
(A) The services the school, library, or consortium purchases at
discounts will be used primarily for educational purposes and will not
be sold, resold, or transferred in consideration for money or any other
thing of value, except as allowed by Sec.54.513.
(B) All bids submitted for eligible products and services will be
carefully considered, with price being the primary factor, and the bid
selected will be for the most cost-effective service offering consistent
with Sec.54.511.
(3) The Administrator shall post each FCC Form 470 that it receives
from an eligible school, library, or consortium that includes an
eligible school or library on its Web site designated for this purpose.
(4) After posting on the Administrator's Web site an eligible
school, library, or consortium FCC Form 470, the Administrator shall
send confirmation of the posting to the entity requesting service. That
entity shall then wait at least four weeks from the date on which its
description of services is posted on the Administrator's
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Web site before making commitments with the selected providers of
services. The confirmation from the Administrator shall include the date
after which the requestor may sign a contract with its chosen
provider(s).
(d) Gift restrictions. (1) Subject to paragraphs (d)(3) and (4) of
this section, an eligible school, library, or consortium that includes
an eligible school or library may not directly or indirectly solicit or
accept any gift, gratuity, favor, entertainment, loan, or any other
thing of value from a service provider participating in or seeking to
participate in the schools and libraries universal service program. No
such service provider shall offer or provide any such gift, gratuity,
favor, entertainment, loan, or other thing of value except as otherwise
provided herein. Modest refreshments not offered as part of a meal,
items with little intrinsic value intended solely for presentation, and
items worth $20 or less, including meals, may be offered or provided,
and accepted by any individuals or entities subject to this rule, if the
value of these items received by any individual does not exceed $50 from
any one service provider per funding year. The $50 amount for any
service provider shall be calculated as the aggregate value of all gifts
provided during a funding year by the individuals specified in paragraph
(d)(2)(ii) of this section.
(2) For purposes of this paragraph:
(i) The terms ``school, library, or consortium'' include all
individuals who are on the governing boards of such entities (such as
members of a school committee), and all employees, officers,
representatives, agents, consultants or independent contractors of such
entities involved on behalf of such school, library, or consortium with
the Schools and Libraries Program of the Universal Service Fund (E-rate
Program), including individuals who prepare, approve, sign or submit E-
rate applications, or other forms related to the E-rate Program, or who
prepare bids, communicate or work with E-rate service providers, E-rate
consultants, or with USAC, as well as any staff of such entities
responsible for monitoring compliance with the E-rate Program; and
(ii) The term ``service provider'' includes all individuals who are
on the governing boards of such an entity (such as members of the board
of directors), and all employees, officers, representatives, agents, or
independent contractors of such entities.
(3) The restrictions set forth in this paragraph shall not be
applicable to the provision of any gift, gratuity, favor, entertainment,
loan, or any other thing of value, to the extent given to a family
member or a friend working for an eligible school, library, or
consortium that includes an eligible school or library, provided that
such transactions:
(i) Are motivated solely by a personal relationship,
(ii) Are not rooted in any service provider business activities or
any other business relationship with any such eligible school, library,
or consortium, and
(iii) Are provided using only the donor's personal funds that will
not be reimbursed through any employment or business relationship.
(4) Any service provider may make charitable donations to an
eligible school, library, or consortium that includes an eligible school
or library in the support of its programs as long as such contributions
are not directly or indirectly related to E-rate procurement activities
or decisions and are not given by service providers to circumvent
competitive bidding and other E-rate program rules, including those in
paragraph (c)(2)(i)(C) of this section, requiring schools and libraries
to pay their own non-discount share for the services they are
purchasing.
(e) Exemption to competitive bidding requirements. An applicant that
seeks support for commercially available high-speed Internet access
services for a pre-discount price of $3,600 or less per school or
library annually is exempt from the competitive bidding requirements in
paragraphs (a) through (c) of this section.
(1) Internet access, as defined in Sec.54.5, is eligible for this
exemption only if the purchased service offers at least 100 Mbps
downstream and 10 Mbps upstream.
(2) The Chief, Wireline Competition Bureau, is delegated authority
to lower
[[Page 212]]
the annual cost of high-speed Internet access services or raise the
speed threshold of broadband services eligible for this competitive
bidding exemption, based on a determination of what rates and speeds are
commercially available prior to the start of the funding year.
[75 FR 75412, Dec. 3, 2010, as amended at 76 FR 56302, Sept. 13, 2011;
79 FR 49199, Aug. 19, 2014; 80 FR 5989, Feb. 4, 2015]
Editorial Note: At 83 FR , May 1,2018, Sec.54.503 was amended by
revising paragraph (a)(6) however the agency provided two different
paragraph (a)(6)'s, the amendment could not be incorporated due to
inaccurate amendatory instruction.