[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]

          
 
                                       Title 47

                                  Telecommunication


                              ________________________

                                  Parts 40 to 69

                         Revised as of October 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2023
                    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........................     725
      Alphabetical List of Agencies Appearing in the CFR......     745
      Table of OMB Control Numbers............................     755
      List of CFR Sections Affected...........................     757

[[Page iv]]





                     ----------------------------

                     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 
regulation. Each title is divided into chapters which usually bear the 
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 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2023), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

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 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
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notify the Director of the Federal Register, National Archives and 
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or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail [email protected].

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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
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law numbers, Federal Register finding aids, and related information. 
Connect to NARA's website at www.archives.gov/federal-register.
    The eCFR is a regularly updated, unofficial editorial compilation of 
CFR material and Federal Register amendments, produced by the Office of 
the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register
    October 1, 2023







[[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, 2023.

    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)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Federal Communications Commission (Continued)....          42

[[Page 3]]



        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)




  --------------------------------------------------------------------

            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...................................          90
53              Special provisions concerning Bell operating 
                    companies...............................         119
54              Universal service...........................         124
59              Infrastructure sharing......................         364
61              Tariffs.....................................         365
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.........         407
64              Miscellaneous rules relating to common 
                    carriers................................         442
65              Interstate rate of return prescription, 
                    procedures, and methodologies...........         624
67              Real-time text..............................         633
68              Connection of terminal equipment to the 
                    telephone network.......................         634
69              Access charges..............................         673

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 Office 
of International Affairs 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, as amended at 88 FR 21442, Apr. 10, 2023]



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.
    (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 
lower than its functionally equivalent interstate

[[Page 66]]

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.

[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 48452, Aug. 14, 2012; 
79 FR 28844, May 20, 2014; 85 FR 75916, Nov. 27, 2020]



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

[[Page 67]]

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 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.

[[Page 68]]

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 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

[[Page 69]]

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;
    (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

[[Page 70]]

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 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-

[[Page 71]]

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 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-

[[Page 72]]

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 
authority of a state to monitor and oversee filing of intrastate 
tariffs.
    (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

[[Page 73]]

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 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.

[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; 85 FR 75917, Nov. 
27, 2020]



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

[[Page 74]]

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.
    (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.
    (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.

[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]



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

[[Page 75]]

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 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 July 3, 2023, whichever is later:
    (1) Not bill any Interexchange Carrier for interstate or intrastate 
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) Designate the Intermediate Access Provider(s), if any, that will 
provide terminating switched access tandem switching or terminating 
switched access tandem transport services to the local exchange carrier 
engaged in Access Stimulation; and
    (3) 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 July 3, 2023, 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), if 
any, that will provide the terminating switched

[[Page 76]]

access tandem switching or terminating switched access tandem transport 
services to the local exchange carrier engaged in Access Stimulation; 
and
    (3) That the local exchange carrier shall pay for those services as 
of that date.
    (c) Notwithstanding any other provision of the Commission's rules, 
if an IPES Provider, as defined in Sec.  61.3(eee) of this chapter, is 
engaged in Access Stimulation, as defined in Sec.  61.3(bbb) of this 
chapter, then within 45 days of commencing Access Stimulation, or within 
45 days of July 3, 2023, whichever is later:
    (1) The IPES Provider shall designate the Intermediate Access 
Provider(s), if any, that will provide terminating switched access 
tandem switching or terminating switched access tandem transport 
services to the IPES Provider engaged in Access Stimulation; and further
    (2) The IPES Provider may assume financial responsibility for any 
applicable Intermediate Access Provider's charges for such services for 
any traffic between such IPES Provider's terminating end office or 
equivalent and the associated access tandem switch; and
    (3) The Intermediate Access Provider shall not assess any charges 
for such services to the Interexchange Carrier.
    (d) [Reserved]
    (e) 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, as defined in Sec.  61.3(bbb) of this 
chapter, or to an IPES Provider engaged in Access Stimulation, directly, 
or indirectly through a local exchange carrier, and that local exchange 
carrier engaged in Access Stimulation shall pay or the IPES Provider 
engaged in Access Stimulation may pay for such terminating access 
service from such Intermediate Access Provider, the Intermediate Access 
Provider shall not bill Interexchange Carriers for interstate or 
intrastate terminating switched access tandem switching or terminating 
switched access tandem transport service for traffic bound for such 
local exchange carrier or IPES Provider but, instead, shall bill such 
local exchange carrier or may bill such IPES Provider for such services.
    (f) Notwithstanding paragraphs (a) through (c) 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 or bound for an 
IPES Provider 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) of this section.
    (g) [Reserved]

[88 FR 35762, June 1, 2023]

    Effective Date Note: At 88 FR 35763, June 1, 2023, Sec.  51.914 was 
added, however the amendments adding paragraphs (d) and (g) are delayed 
indefinitely.



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

[[Page 77]]

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 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.

[[Page 78]]

    (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
    (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;

[[Page 79]]

    (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 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

[[Page 80]]

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:
    (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

[[Page 81]]

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 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;

[[Page 82]]

    (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;
    (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

[[Page 83]]

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 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.

[[Page 84]]

    (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
    (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.

[[Page 85]]

    (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 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

[[Page 86]]

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;
    (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

[[Page 87]]

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 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

[[Page 88]]

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 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;

[[Page 89]]

    (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, 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

[[Page 90]]

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.
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.
52.201 Texting to the National Suicide Prevention and Mental Health 
          Crisis Hotline.

Appendix to Part 52--Deployment Schedule for Long-Term Database Methods 
          for Local Number Portability


[[Page 91]]


    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).
    (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.

[[Page 92]]

    (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 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

[[Page 93]]

    (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 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,

[[Page 94]]

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 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

[[Page 95]]

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;
    (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;

[[Page 96]]

    (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
    (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

[[Page 97]]

    (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]



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

[[Page 98]]

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.
    (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.

[[Page 99]]

    (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.
    (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

[[Page 100]]

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 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

[[Page 101]]

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 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.

[[Page 102]]

    (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 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

[[Page 103]]

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-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

[[Page 104]]

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:
    (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]

[[Page 105]]



                      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.
    (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,

[[Page 106]]

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.
    (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

[[Page 107]]

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 (``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;

[[Page 108]]

    (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 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.

[[Page 109]]

    (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. 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 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 NANC Working Group Report is incorporated by reference into 
this section with the approval of the Director of the Federal Register 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation 
by reference (IBR) material is available for public

[[Page 110]]

inspection at the FCC and the National Archives and Records 
Administration (NARA). Contact the FCC through the Federal 
Communications Commission's Reference Information Center, phone: (202) 
418-0270. For information on the availability of this material at NARA, 
visit www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material is available 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; 88 FR 21442, Apr. 10, 2023]



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 (``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:

[[Page 111]]

    (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 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

[[Page 112]]

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.
    (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

[[Page 113]]

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-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

[[Page 114]]

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;
    (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.

[[Page 115]]

    (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 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

[[Page 116]]

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 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.

[[Page 117]]

    (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]



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,

[[Page 118]]

    (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.  52.201  Texting to the National Suicide Prevention and Mental Health Crisis Hotline.

    (a) Support for 988 text message service. Beginning July 16, 2022, 
all covered text providers must route a covered 988 text message to the 
current toll free access number for the National Suicide Prevention 
Lifeline, presently 1-800-273-8255 (TALK).
    (b) Access to SMS networks for 988 text messages. To the extent that 
Commercial Mobile Radio Services (CMRS) providers offer Short Message 
Service (SMS), they shall allow access by any other covered text 
provider to the capabilities necessary for transmission of 988 text 
messages originating on such other covered text providers' application 
services.
    (c) Definitions. For purposes of this section:
    988 text message. (i) Means a message consisting of text, images, 
sounds, or other information that is transmitted to or from a device 
that is identified as the receiving or transmitting device by means of a 
10-digit telephone number, N11 service code, or 988;
    (ii) Includes and is not limited to a SMS message and a multimedia 
message service (MMS) message; and
    (iii) Does not include--
    (A) A real-time, two-way voice or video communication; or
    (B) A message sent over an IP-enabled messaging service to another 
user of the same messaging service, except a message described in 
paragraph (b) of this section.
    Covered 988 text message means a 988 text message in SMS format and 
any other format that the Wireline Competition Bureau has determined 
must be supported by covered text providers.
    Covered text provider includes all CMRS providers as well as all 
providers of interconnected text messaging services that enable 
consumers to send text messages to and receive text messages from all or 
substantially all text-capable U.S. telephone numbers, including through 
the use of applications downloaded or otherwise installed on mobile 
phones.
    Multimedia message service (MMS) shall have the same definition as 
the term in Sec.  64.1600(k) of this chapter.
    Short message service (SMS) shall have the same definition as the 
term in Sec.  64.1600(m) of this chapter.

[87 FR 412, Jan. 5, 2022]



  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
 

[[Page 119]]

 
                        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
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]


[[Page 120]]


    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 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

[[Page 121]]

    (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 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

[[Page 122]]

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]



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

[[Page 123]]

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 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.

[[Page 124]]

    (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]



           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 Tribal lands.
54.414 Reimbursement for Tribal Link Up.

[[Page 125]]

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.

      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.

[[Page 126]]

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.
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, phase-down of legacy fixed 
          support, and reporting obligations for phase-down support 
          recipient.
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.
54.1516 Uniendo a Puerto Rico Fund and the Connect USVI Fund--
          Transitional support for mobile service.
54.1517 Transitional support mobile carrier eligibility.
54.1518 Appropriate uses of transitional mobile support.
54.1519 Geographic area eligible for transitional mobile support.

[[Page 127]]

54.1520 Provision of transitional mobile support.
54.1521 Transitional mobile support additional annual reporting.
54.1522 Security reporting.
54.1523 Spending Plans for recipients of legacy frozen phase-down 
          support.
54.1524 Disaster preparation and response measures; Disaster Information 
          Reporting System.

              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.
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.

                Subpart R_Affordable Connectivity Program

54.1800 Definitions.
54.1801 Participating providers.
54.1802 Affordable connectivity benefit.
54.1803 Affordable Connectivity Program support amounts.
54.1804 Participating provider obligation to offer the Affordable 
          Connectivity Program.
54.1805 Household qualification for Affordable Connectivity Program.
54.1806 Household eligibility determinations and annual recertification.
54.1807 Enrollment representative registration and compensation.
54.1808 Reimbursement for providing monthly affordable connectivity 
          benefit.
54.1809 De-enrollment of subscribers from the Affordable Connectivity 
          Program.
54.1810 Consumer protection requirements.
54.1811 Recordkeeping requirements.
54.1812 Validity of electronic signatures.
54.1813 Affordable Connectivity Program Transparency Data Collection.
54.1814 High-cost area benefit.

        Subpart S_Affordable Connectivity Outreach Grant Program

54.1900 Applicability of Uniform Administrative Requirements for grants 
          and cooperative agreements to non-Federal entities.
54.1901 Neutrality requirement.
54.1902 Prohibited activities and costs.
54.1903 Ineligible entities.
54.1904 Recordkeeping and audits.

    Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 229, 
254, 303(r), 403, 1004, 1302, 1601-1609, and 1752, 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.

[[Page 128]]



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 provided pursuant to subparts D, J, K, L, M, and O of this 
part.
    Incumbent local exchange carrier. ``Incumbent local exchange 
carrier'' or ``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.

[[Page 129]]

    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 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

[[Page 130]]

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:
    (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

[[Page 131]]

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.
    (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

[[Page 132]]

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 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.

[[Page 133]]

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 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 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

[[Page 134]]

Sec.  1.50004(h) of this chapter for associated covered communications 
equipment and services.

[86 FR 2946, Jan. 13, 2021, as amended at 86 FR 47022, Aug. 23, 2021]



                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 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

[[Page 135]]

    (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 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.

[[Page 136]]

    (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 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

[[Page 137]]

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]



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

[[Page 138]]

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 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

[[Page 139]]

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 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]



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

[[Page 140]]

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 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

[[Page 141]]

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 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

[[Page 142]]

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]



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

[[Page 143]]

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 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.

[[Page 144]]

    (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 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

[[Page 145]]

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 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

[[Page 146]]

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.
    (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

[[Page 147]]

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.
    (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

[[Page 148]]

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 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,

[[Page 149]]

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, 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 have elected to receive Connect America Fund-
Alternative Connect America Cost Model (CAF-ACAM) support pursuant to 
Sec.  54.311, other than Enhanced A-CAM support, 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 mean 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 
in paragraphs (a)(1)(i) through (v) of this section:
    (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.

[[Page 150]]

    (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 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.
    (v) After December 31, 2023, to the extent that an Enhanced A-CAM 
carrier was previously subject to the foregoing deployment obligations 
pursuant to A-CAM I, Revised A-CAM I, or A-CAM II, the Enhanced A-CAM 
carrier will instead be subject to Sec.  54.308(a)(3).
    (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

[[Page 151]]

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 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.
    (3) An Enhanced A-CAM carrier, as defined by Sec.  54.311(a)(4), 
must offer broadband speeds of at least 100 Mbps downstream/20 Mbps 
upstream to 100 percent of locations in its study areas within the state 
by the end of 2028.
    (i) Enhanced A-CAM required locations are those locations identified 
in the National Broadband Map within the carrier's service area where 
voice and terrestrial broadband services of speeds 100 Mbps downstream/
20 Mbps upstream or faster are not yet available or lack an enforceable 
commitment for deployment of such broadband service. In the context of 
Enhanced A-CAM, an enforceable commitment exists where a carrier commits 
to deploying broadband service as a condition of any federal or state 
grants or other funding. The Wireline Competition Bureau shall provide a 
list of Enhanced A-CAM required locations for each carrier concurrently 
with the Enhanced A-CAM offer pursuant to Sec.  54.311(a), and will 
update such list to reflect any additional information related 
locations, broadband coverage, or enforceable commitments determined to 
have existed at the time of the offer.
    (ii) An Enhanced A-CAM carrier that has reported deployment of 100 
Mbps downstream/20 Mbps upstream or faster service to particular 
locations in its Enhanced A-CAM study area(s) in the National Broadband 
Map or the Universal Service Administrative Company's High Cost 
Universal Broadband Portal must maintain the same or faster service at 
those locations through the end of the Enhanced A-CAM term.
    (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

[[Page 152]]

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.
    (e) Enhanced A-CAM Cybersecurity and Supply Chain Risk Management 
Requirements. (1) An Enhanced A-CAM carrier shall implement operational 
cybersecurity and supply chain risk management plans meeting the 
requirements of this section by January 1, 2024.
    (2) An Enhanced A-CAM carrier shall certify that it has implemented 
plans required under paragraph (e)(1) of this section and submit the 
plans to the Administrator by January 2, 2024 or within 30 days of 
approval under the Paperwork Reduction Act, whichever is later.
    (3) Enhanced A-CAM carriers that fail to comply with Enhanced A-CAM 
cybersecurity and supply chain risk management requirements are subject 
to the following non-compliance measures:
    (i) The Wireline Competition Bureau shall direct the Administrator 
to withhold 25 percent of the Enhanced A-CAM carrier's monthly support 
for failure to comply with paragraph (e)(2) of this section until the 
carrier makes the required certification and submits the required plans.
    (ii) At any time during the support term, if an Enhanced A-CAM 
carrier does not have in place operational cybersecurity and supply 
chain risk management plans meeting the requirements of this section, 
Wireline Competition Bureau shall direct the Administrator to withhold 
25 percent of the carrier's monthly support.
    (iii) Once the carrier comes into compliance, the Administrator 
shall stop withholding support, and the carrier will receive all of the 
support that had been withheld pursuant to this section.
    (4) An Enhanced A-CAM carrier's cybersecurity risk management plans 
shall reflect the latest version of the National Institute of Standards 
and Technology (NIST) Framework for Improving Critical Infrastructure 
Cybersecurity, and shall reflect an established set of cybersecurity 
best practices, such as the standards and controls set forth in the 
Cybersecurity & Infrastructure Security Agency (CISA) Cybersecurity 
Cross-sector Performance Goals and Objectives or the Center for Internet 
Security Critical Security Controls.
    (5) An Enhanced A-CAM carrier's supply chain risk management plans 
shall incorporate the key practices discussed in NISTIR 8276, Key 
Practices in Cyber Supply Chain Risk Management: Observations from 
Industry, and related supply chain risk management guidance from NIST 
800-161.

[[Page 153]]

    (6) If an Enhanced A-CAM carrier makes a substantive modification to 
its plans under this section, the carrier shall file an updated plan 
with the Administrator within 30 days of making the modification. A 
modification to a plan under this section is substantive if at least one 
of the following conditions apply:
    (i) There is a change in the plan's scope, including any addition, 
removal, or significant alternation to the types of risks covered by the 
plan (e.g., expanding a plan to cover new areas such as supply chain 
risks to Internet of Things devices or cloud security could be a 
substantive change);
    (ii) There is a change in the plan's risk mitigation strategies 
(e.g., implementing a new encryption protocol or deploying a different 
firewall architecture);
    (iii) There is a shift in organizational structure (e.g., creating a 
new information technology department or hiring a Chief Information 
Security Officer);
    (iv) There is a shift in the threat landscape prompting the 
organization to recognize that emergence of new threats or 
vulnerabilities that weren't previously accounted for in the plan;
    (v) Any updates made to comply with new cybersecurity regulations, 
standards, or laws;
    (vi) Significant changes in the supply chain, including offboarding 
major suppliers or vendors, or shifts in procurement strategies that may 
impact the security of the supply chain; or
    (vii) Any large-scale technological changes, including the adoption 
of new systems or technologies, migrating to a new information 
technology infrastructure, or significantly changing the information 
technology architecture.

[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; 88 FR 59934, Aug. 17, 2023]

    Effective Date Note: At 88 FR 55934, Aug. 17, 2023, Sec.  54.308 was 
amended by adding paragraphs (e)(2) and (e)(6) however, 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.



Sec.  54.309  Connect America Fund Phase II Public Interest Obligations.

    (a) Recipients of Connect America Phase II support are required to 
offer 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,

[[Page 154]]

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]



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.

[[Page 155]]

    (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 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

[[Page 156]]

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, subject to the conditions specific to each A-CAM 
offer as determined by the Commission. 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 on April 29, 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 initially authorized to receive A-CAM support on August 22, 
2019 or November 13, 2020. For such carriers, the first program year of 
CAF-ACAM is 2019.
    (4) For purposes of this section, ``Enhanced A-CAM'' refers to 
carriers authorized to receive Enhanced A-CAM support after October 1, 
2023. For the purpose of determining deployment obligations for such 
carriers, the first program year of CAF-ACAM is 2025.
    (b) Geographic areas eligible for support. (1) CAF-ACAM model-based 
support, except for Enhanced A-CAM 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 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.
    (2) Enhanced A-CAM support will be made available for each carrier's 
service areas within the state, in consideration for the deployment and 
maintenance obligations described in Sec.  54.308(a)(3).
    (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, to 
Revised A-CAM I and A-CAM II carriers for a term that extends until 
December 31, 2028, and to Enhanced A-CAM carriers for a term that 
extends from January 1, 2024, until December 31, 2038.
    (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. Sec.  54.308(a)(1)(i) and 
54.308(a)(3).
    (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

[[Page 157]]

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.
    (3) For the purposes of A-CAM I, Revised A-CAM I, and A-CAM II, 
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).
    (4) Enhanced A-CAM carriers must complete deployment of 100/20 Mbps 
service to a number of locations equal to 50 percent of locations 
required by Sec.  54.308(a)(3)(i) by the end of 2026, 75 percent of 
requisite locations by the end of 2027, and 100 percent of requisite 
locations by the end of 2028. After December 31, 2023, to the extent 
that an Enhanced A-CAM carrier was subject to the interim deployment 
milestones set forth in Sec.  54.311(d)(1) and (2), the Enhanced A-CAM 
carrier will instead be subject to the interim deployment milestones set 
forth in this paragraph (d)(4).
    (e) Transition to CAF-ACAM Support. An A-CAM I, Revised A-CAM I, A-
CAM II, or Enhanced A-CAM carrier not previously subject to A-CAM 
support, any of 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 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

[[Page 158]]

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.
    (iii) For Enhanced A-CAM carriers not previously subject to A-CAM I, 
Revised A-CAM I, or A-CAM II, the amount of high-cost loop support and 
Connect America Fund--Broadband Loop Support disbursed to the carrier 
for 2022 without regard to prior period adjustments related to years 
other than 2022, as determined by the Administrator as of July 31, 2023 
and publicly announced prior to the election period for the voluntary 
path to the model. The first year of the transition pursuant to this 
paragraph (e) will be 2035.
    (5) An Enhanced A-CAM carrier not previously subject to A-CAM I, 
Revised A-CAM I, or A-CAM II, and 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)(iii) of this section, will transition 
from its frozen base year support to its full Enhanced A-CAM support on 
the following schedule:
    (i) In 2024-2029, it will receive its frozen base year support.
    (ii) In 2030, it will receive its base year support minus 4% of the 
base year support;
    (iii) In 2031, it will receive its base year support minus 8% of the 
base year support;
    (iv) In 2032, it will receive its base year support minus 12% of the 
base year support;
    (v) In 2033, it will receive its base year support minus 16% of the 
base year support;
    (vi) In 2034, it will receive its base year support minus 20% of the 
base year support;
    (vii) In 2035-2038, it will transition to its Enhanced A-CAM support 
pursuant to paragraphs (e)(1) through (3) of this section.
    (6) An Enhanced A-CAM carrier that was previously subject to A-CAM 
I, Revised A-CAM I, or A-CAM II and will continue to receive 
transitional support consistent with its prior A-CAM I, Revised A-CAM I, 
or A-CAM II authorization, and will not have its transitional support 
amount adjusted to reflect its Enhanced A-CAM support amounts.
    (f) Legacy Carrier Transitioning to Higher Enhanced A-CAM. An 
Enhanced A-CAM carrier that was not subject to A-CAM I, Revised A-CAM I, 
or A-CAM II and whose final model-based support is more than the 
carrier's legacy rate-of-return support in its base year as defined in 
paragraph (f)(2) of this section, will transition from its frozen base 
year support to its full Enhanced A-CAM support.
    (1) The transition will occur on the following schedule:
    (i) In 2024-2029, it will receive its frozen base year support.
    (ii) In 2030, it will receive its base year support plus 20% of the 
difference between its base year support and its Enhanced A-CAM support;
    (iii) In 2031, it will receive its base year support plus 40% of the 
difference between its base year support and its Enhanced A-CAM support;
    (iv) In 2032, it will receive its base year support plus 60% of the 
difference between its base year support and its Enhanced A-CAM support;
    (v) In 2033, it will receive its base year support plus 80% of the 
difference between its base year support and its Enhanced A-CAM support; 
and
    (vi) In 2034, it will receive its Enhanced A-CAM support.
    (2) The carrier's base year support for purposes of the calculation 
of transition payments is the amount of high-cost loop support and 
Connect America Fund--Broadband Loop Support disbursed to the carrier 
for 2022 without regard to prior period adjustments related to years 
other than 2022, as determined by the Administrator as of July 31, 2023 
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; 88 FR 55935, Aug. 17, 2023]

[[Page 159]]



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 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

[[Page 160]]

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 
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

[[Page 161]]

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 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

[[Page 162]]

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.
    (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

[[Page 163]]

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;
    (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

[[Page 164]]

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-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. Recipients of frozen high-cost 
support under Sec.  54.1504(b), for annual reports due July 1, 2024, 
2025, and 2026, shall certify that such support received after June 1, 
2023 was used for resiliency and redundancy measures and to maintain 
their network footprint for voice and broadband services as of June 1, 
2023.
    (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-

[[Page 165]]

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, Rural Digital Opportunity 
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, 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:
    (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 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) 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.
    (f) In addition to the information and certifications in paragraph 
(a) of this section, any rate-of-return carrier shall provide:

[[Page 166]]

    (1) Beginning July 1, 2015 and Every Year Thereafter. The following 
information:.
    (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.
    (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.

[[Page 167]]

    (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).
    (6) Enhanced A-CAM carriers must provide the following:
    (i) Enhanced A-CAM carriers must certify that, in the previous 
calendar year, they participated, in good faith, in any relevant BEAD 
Program challenge processes or other processes conducted by states or 
other BEAD Program eligible entities to determine the eligibility of 
locations for the BEAD Program, and that they otherwise coordinated with 
states, Tribes, and other eligible entities to help avoid duplicative 
federal broadband funding. Additionally, Enhanced A-CAM carriers must 
certify that, in the previous calendar year, they complied with the 
obligation not to receive or use BEAD Program funding or other future 
federal grant funding, unless otherwise specified by the Commission or 
Bureau, that supports broadband deployment for those locations for which 
they are receiving Enhanced A-CAM support.
    (ii) Enhanced A-CAM carriers must describe how and certify that, in 
the previous calendar year, they continued to participate in the 
Affordable Connectivity Program or any substantially similar successor 
program, as required by the terms of their Enhanced A-CAM offers.
    (iii) Enhanced A-CAM carriers must certify that they have maintained 
their cybersecurity and supply chain risk management plans pursuant to 
Sec.  54.308(e), report whether they filed any substantive modifications 
pursuant to Sec.  54.308(e)(6) in the prior year, and report the date 
they filed any substantive modifications.
    (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

[[Page 168]]

(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 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

[[Page 169]]

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) 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 and recipients of transitional support under 
Sec.  54.1516 shall certify that they are in compliance with all 
requirements in this part for receipt of such support to continue.
    (p) [Reserved]
    (q) Recipients of transitional support under Sec.  54.1516, as part 
of either the Uniendo a Puerto Rico Fund or Connect USVI Fund 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 transitional support under Sec.  54.1516 
shall certify that they have conducted an annual review of the 
documentation required by Sec.  54.1515(a) through (c) or Sec.  54.1524, 
respectively, to determine the need for and to implement changes or 
revisions to disaster preparation and recovery documentation.

[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 13797, Mar. 10, 2020; 85 FR 75819, Nov. 25, 2020; 88 FR 28999, May 5, 
2023; 88 FR 55936, Aug. 17, 2023]

    Effective Date Notes: 1. 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.
    2. 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.
    3. At 85 FR 75819, Nov. 25, 2020, Sec.  54.313 was amended by 
revising paragraph (n). This paragraph has a delayed effective date, the 
revised 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 mobile competitive eligible telecommunications 
carrier receiving legacy high-cost support pursuant to Sec.  
54.307(e)(5), (e)(6), or

[[Page 170]]

(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.
    4. 88 FR 55936, Aug. 17, 2023, Sec.  54.313 was amended by revising 
paragraph (f)(1)(i) and adding (f)(6)(i), however 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.



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

[[Page 171]]

after the October 1 deadline, but by October 8, will have its support 
reduced in an amount equivalent to seven days in support;
    (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

[[Page 172]]

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, 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.

[[Page 173]]

    (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 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);

[[Page 174]]

    (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 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

[[Page 175]]

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.
    (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.
    (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.
    (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) 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, other than Enhanced A-CAM carriers, 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 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

[[Page 176]]

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.
    (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.  54.1506. 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 
detailed network plan it submitted to the Wireline Competition Bureau.
    (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, 
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:
    (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

[[Page 177]]

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; 84 FR 59964, Nov. 7, 2019, 85 FR 13798, Mar. 10, 2020; 87 FR 
13948, Mar. 11, 2022; 88 FR 55937, Aug. 17, 2023]

    Effective Date Note: At 88 FR 55937, Aug. 17, 2023, Sec.  54.316 was 
amended by adding paragraph (a)(9) and (b)(8) However, 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.



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.
    (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

[[Page 178]]

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 
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

[[Page 179]]

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 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

[[Page 180]]

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 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,

[[Page 181]]

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, 
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

[[Page 182]]

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 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.

[[Page 183]]

    (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 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.

[[Page 184]]

    (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.
    (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.

[[Page 185]]

    (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.
    (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.

[[Page 186]]

    (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]

    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.

[[Page 187]]



      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 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

[[Page 188]]

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.
    (3) Beginning December 1, 2016, eligible telecommunications carriers 
must

[[Page 189]]

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.
    (3) Tribal lands support amount. Additional Federal Lifeline support 
of up to

[[Page 190]]

$25 per month will be made available to an eligible telecommunications 
carrier providing Lifeline service to an eligible resident of Tribal 
lands, as defined in Sec.  54.400(e), to the extent that 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; 88 FR 34782, May 31, 
2023]



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.
    (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

[[Page 191]]

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.
    (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

[[Page 192]]

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 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

[[Page 193]]

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 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]

[[Page 194]]



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 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.

[[Page 195]]

    (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.
    (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;

[[Page 196]]

    (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 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

[[Page 197]]

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.
    (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:

[[Page 198]]

    (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 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

[[Page 199]]

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.
    (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

[[Page 200]]

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) 
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

[[Page 201]]

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 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

[[Page 202]]

    (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 
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

[[Page 203]]

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 Tribal lands.

    (a) Definition. For purposes of this subpart, the term ``Tribal Link 
Up'' means an assistance program for eligible residents of Tribal lands 
seeking telecommunications service from a telecommunications carrier 
that is receiving high-cost support on 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 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 Tribal lands, pursuant to subpart D of this part, for which 
the eligible resident of Tribal lands does not pay interest. The 
interest charges not assessed to the eligible resident of Tribal lands 
shall be for a customary charge for connecting 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 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 place of residence with an address different from the address 
for which Tribal Link Up assistance was provided previously.

[88 FR 34782, May 31, 2023]



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

[[Page 204]]

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 
follow the procedures set forth in Sec.  54.410 to determine an eligible 
resident of 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 88 FR 34783, May 31, 2023]



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 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]

[[Page 205]]



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 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.

[[Page 206]]

    (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
    (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).

[[Page 207]]

    (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 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

[[Page 208]]

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) A Tribal library;
    (4) An academic library;
    (5) 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
    (6) 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 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.

[[Page 209]]

    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.
    Tribal. An entity is ``Tribal'' for purposes of E-Rate funding if it 
is a school operated by or receiving funding from the Bureau of Indian 
Education (BIE), or if it is a school or library operated by any Tribe, 
Band, Nation, or other organized group or community, including any 
Alaska native village, regional corporation, or village corporation (as 
defined in, or established pursuant to, the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.)) that is recognized as eligible 
for the special programs and services provided by the United States to 
Indians because of their status as Indians.
    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; 87 FR 8210, Feb. 14, 2022; 88 FR 55409, Aug. 15, 2023]



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 (20 U.S.C. 9122) and not excluded under paragraph (b)(2) 
or (3) of this section shall be eligible for discounts under this 
subpart.
    (2) Except as provided in paragraph (b)(4) of this section, 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.

[[Page 210]]

    (3) Libraries operating as for-profit businesses shall not be 
eligible for discounts under this subpart.
    (4) A Tribal college or university library that serves as a public 
library by having dedicated library staff, regular hours, and a 
collection available for public use in its community shall 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; 87 FR 
8210, Feb. 14, 2022; 88 FR 55409, Aug. 15, 2023]



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 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

[[Page 211]]

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 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

[[Page 212]]

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 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. Tribal libraries 
shall be eligible for support for category two

[[Page 213]]

services of at least a pre-discount price of $55,000 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 within a non-instructional school building 
or library administrative building, the applicant shall not be required 
to 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; 88 FR 55409, Aug. 15, 2023]



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 214]]

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

[[Page 215]]

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. (1) 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.
    (i) 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.
    (ii) The Chief, Wireline Competition Bureau, is delegated authority 
to lower

[[Page 216]]

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.
    (2) A library applicant that seeks support for category two services 
for a total pre-discount price of $3,600 or less per library annually is 
exempt from the competitive bidding requirements in paragraphs (a) 
through (c) of this section. Applicants must select a cost-effective 
service offering, based on the price of the equipment or services.

[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; 88 FR 55410, Aug, 
15, 2023]

    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.

    Effective Date Note: At 88 FR 55410, Aug. 15, 2023, Sec.  54.503 was 
amended by revising paragraph (c))(2)(i)(B),however this amendment is 
delayed indefinitely.For the convenience of the user, the revised text 
is set forth as follows:



Sec.  54.503  Competitive bidding requirements.

                                * * * * *

    (c) * * *
    (2) * * *
    (i) * * *
    (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, 
except for the limited case of Tribal colleges or universities, have 
budgets that are completely separate from any school (including, but not 
limited to, elementary and secondary schools, colleges, and 
universities).



Sec.  54.504  Requests for services.

    (a) Filing of the FCC Form 471. An eligible school, library, or 
consortium that includes an eligible school or library seeking to 
receive discounts for eligible services under this subpart shall, upon 
entering into a signed contract or other legally binding agreement for 
eligible services, submit a completed FCC Form 471 to the Administrator.
    (1) The FCC Form 471 shall be signed by the person authorized to 
order eligible services for the eligible school, library, or consortium 
and shall include that person's certification under oath that:
    (i) The schools meet the statutory definition of ``elementary 
school'' or ``secondary school'' as defined in Sec.  54.500 of this 
subpart, do not operate as for-profit businesses, and do not have 
endowments exceeding $50 million.
    (ii) 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 whose 
budgets are completely separate from any school (including, but not 
limited to, elementary and secondary schools, colleges, and 
universities).
    (iii) The entities listed on the FCC Form 471 application have 
secured access to all of the resources, including computers, training, 
software, maintenance, internal connections, and electrical connections, 
necessary to make effective use of the services purchased. The entities 
listed on the FCC Form 471 will pay the discounted charges for eligible 
services from funds to which access has been secured in the current 
funding year or, for entities that will make installment payments, they 
will ensure that they are able to make all required installment 
payments. The billed entity will pay the non-discount portion of the 
cost of the goods and services to the service provider(s).
    (iv) The entities listed on the FCC Form 471 application have 
complied with all applicable state and local laws regarding procurement 
of services for which support is being sought.
    (v) 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.
    (vi) The entities listed in the application have complied with all 
program rules and acknowledge that failure to

[[Page 217]]

do so may result in denial of discount funding and/or recovery of 
funding.
    (vii) The applicant understands that the discount level used for 
shared services is conditional, for future years, upon ensuring that the 
most disadvantaged schools and libraries that are treated as sharing in 
the service, receive an appropriate share of benefits from those 
services.
    (viii) The applicant recognizes that it may be audited pursuant to 
its application, that it will retain for ten years any and all 
worksheets and other records relied upon to fill out its application, 
and that, if audited, it will make such records available to the 
Administrator.
    (ix) Except as exempted by Sec.  54.503(e), all bids submitted to a 
school, library, or consortium seeking eligible services were carefully 
considered and the most cost-effective bid was selected in accordance 
with Sec.  54.503 of this subpart, with price being the primary factor 
considered, and it is the most cost-effective means of meeting 
educational needs and technology goals.
    (2) All pricing and technology infrastructure information submitted 
as part of an FCC Form 471 shall be treated as public and non-
confidential by the Administrator unless the applicant specifies a 
statute, rule, or other restriction, such as a court order or an 
existing contract limitation barring public release of the information.
    (i) Contracts and other agreements executed after adoption of this 
rule may not prohibit disclosure of pricing or technology infrastructure 
information.
    (ii) The exemption for existing contract limitations shall not apply 
to voluntary extensions or renewals of existing contracts.
    (b) Mixed eligibility requests. If 30 percent or more of a request 
for discounts made in an FCC Form 471 is for ineligible services, the 
request shall be denied in its entirety.
    (c) Rate disputes. Schools, libraries, and consortia including those 
entities, and service providers may have recourse to the Commission, 
regarding interstate rates, and to state commissions, regarding 
intrastate rates, if they reasonably believe that the lowest 
corresponding price is unfairly high or low.
    (1) Schools, libraries, and consortia including those entities may 
request lower rates if the rate offered by the carrier does not 
represent the lowest corresponding price.
    (2) Service providers may request higher rates if they can show that 
the lowest corresponding price is not compensatory, because the relevant 
school, library, or consortium including those entities is not similarly 
situated to and subscribing to a similar set of services to the customer 
paying the lowest corresponding price.
    (d) Service substitution. (1) The Administrator shall grant a 
request by an applicant to substitute a service or product for one 
identified on its FCC Form 471 where:
    (i) The service or product has the same functionality;
    (ii) The substitution does not violate any contract provisions or 
state or local procurement laws;
    (iii) The substitution does not result in an increase in the 
percentage of ineligible services or functions; and
    (iv) The applicant certifies that the requested change is within the 
scope of the controlling FCC Form 470, including any associated Requests 
for Proposal, for the original services.
    (2) In the event that a service substitution results in a change in 
the pre-discount price for the supported service, support shall be based 
on the lower of either the pre-discount price of the service for which 
support was originally requested or the pre-discount price of the new, 
substituted service.
    (3) For purposes of this rule, the two categories of eligible 
services are not deemed to have the same functionality as one another.
    (e) Mixed eligibility services. A request for discounts for a 
product or service that includes both eligible and ineligible components 
must allocate the cost of the contract to eligible and ineligible 
components.
    (1) Ineligible components. If a product or service contains 
ineligible components, costs must be allocated to the extent that a 
clear delineation can be made between the eligible and ineligible 
components. The delineation must have a tangible basis, and the

[[Page 218]]

price for the eligible portion must be the most cost-effective means of 
receiving the eligible service.
    (2) Ancillary ineligible components. If a product or service 
contains ineligible components that are ancillary to the eligible 
components, and the product or service is the most cost-effective means 
of receiving the eligible component functionality, without regard to the 
value of the ineligible component, costs need not be allocated between 
the eligible and ineligible components. Discounts shall be provided on 
the full cost of the product or service. An ineligible component is 
``ancillary'' if a price for the ineligible component cannot be 
determined separately and independently from the price of the eligible 
components, and the specific package remains the most cost-effective 
means of receiving the eligible services, without regard to the value of 
the ineligible functionality.
    (3) The Administrator shall utilize the cost allocation requirements 
of this paragraph in evaluating mixed eligibility requests under 
paragraph (e)(1) of this section.
    (f) Filing of FCC Form 473. All service providers eligible to 
provide telecommunications and other supported services under this 
subpart shall submit annually a completed FCC Form 473 to the 
Administrator. The FCC Form 473 shall be signed by an authorized person 
and shall include that person's certification under oath that:
    (1) The prices in any offer that this service provider makes 
pursuant to the schools and libraries universal service support program 
have been arrived at independently, without, for the purpose of 
restricting competition, any consultation, communication, or agreement 
with any other offeror or competitor relating to those prices, the 
intention to submit an offer, or the methods or factors used to 
calculate the prices offered;
    (2) The prices in any offer that this service provider makes 
pursuant to the schools and libraries universal service support program 
will not be knowingly disclosed by this service provider, directly or 
indirectly, to any other offeror or competitor before bid opening (in 
the case of a sealed bid solicitation) or contract award (in the case of 
a negotiated solicitation) unless otherwise required by law; and
    (3) No attempt will be made by this service provider to induce any 
other concern to submit or not to submit an offer for the purpose of 
restricting competition.
    (4) The service provider listed on the FCC Form 473 certifies that 
the invoices that are submitted by this Service Provider to the Billed 
Entity for reimbursement pursuant to Billed Entity Applicant 
Reimbursement Forms (FCC Form 472) are accurate and represent payments 
from the Billed Entity to the Service Provider for equipment and 
services provided pursuant to E-rate program rules.
    (5) The service provider listed on the FCC Form 473 certifies that 
the bills or invoices issued by this service provider to the billed 
entity are for equipment and services eligible for universal service 
support by the Administrator, and exclude any charges previously 
invoiced to the Administrator by the service provider.

[79 FR 49199, Aug. 19, 2014, as amended at 79 FR 68634, Nov. 18, 2014; 
80 FR 5989, Feb. 4, 2015]

    Effective Date Note: At 88 FR 55410, Apr. 15, 2023, Sec.  54.504 was 
amended by revising paragraph (a)(1)(ii), however, this amendment is 
delayed indefinitely. For the convenience of the user, the revised text 
is set forth as follows:



Sec.  54.504  Requests for services.

    (a) * * *
    (1) * * *
    (ii) 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, 
except for the limited case of Tribal college or universities, their 
budgets are completely separate from any school (including, but not 
limited to, elementary and secondary schools, colleges, and 
universities).



Sec.  54.505  Discounts.

    (a) Discount mechanism. Discounts for eligible schools and libraries 
shall be set as a percentage discount from the pre-discount price.
    (b) Discount percentages. Except as provided in paragraph (f), the 
discounts available to eligible schools and libraries shall range from 
20 percent to 90 percent of the pre-discount price for all

[[Page 219]]

eligible services provided by eligible providers, as defined in this 
subpart. The discounts available to a particular school, library, or 
consortium of only such entities shall be determined by indicators of 
poverty and high cost.
    (1) For schools and school districts, the level of poverty shall be 
based on the percentage of the student enrollment that is eligible for a 
free or reduced price lunch under the national school lunch program or a 
federally-approved alternative mechanism. School districts shall divide 
the total number of students eligible for the National School Lunch 
Program within the school district by the total number of students 
within the school district to arrive at a percentage of students 
eligible. This percentage rate shall then be applied to the discount 
matrix to set a discount rate for the supported services purchased by 
all schools within the school district. Independent charter schools, 
private schools, and other eligible educational facilities should 
calculate a single discount percentage rate based on the total number of 
students under the control of the central administrative agency.
    (2) For libraries and library consortia, the level of poverty shall 
be based on the percentage of the student enrollment that is eligible 
for a free or reduced price lunch under the national school lunch 
program or a federally-approved alternative mechanism in the public 
school district in which they are located and should use that school 
district's level of poverty to determine their discount rate when 
applying as a library system or as an individual library outlet within 
that system. When a library system has branches or outlets in more than 
one public school district, that library system and all library outlets 
within that system should use the address of the central outlet or main 
administrative office to determine which school district the library 
system is in, and should use that school district's level of poverty to 
determine its discount rate when applying as a library system or as one 
or more library outlets. If the library is not in a school district, 
then its level of poverty shall be based on an average of the percentage 
of students eligible for the national school lunch program in each of 
the school districts that children living in the library's location 
attend.
    (3) The Administrator shall classify schools and libraries as 
``urban'' or ``rural'' according to the following designations.
    (i) The Administrator shall designate a school or library as 
``urban'' if the school or library is located in an urbanized area or 
urban cluster area with a population equal to or greater than 25,000, as 
determined by the most recent rural-urban classification by the Bureau 
of the Census. The Administrator shall designate all other schools and 
libraries as ``rural.''
    (4) School districts, library systems, or other billed entities 
shall calculate discounts on supported services described in Sec.  
54.502(a) that are shared by two or more of their schools, libraries, or 
consortia members by calculating an average discount based on the 
applicable district-wide discounts of all member schools and libraries. 
School districts, library systems, or other billed entities shall ensure 
that, for each year in which an eligible school or library is included 
for purposes of calculating the aggregate discount rate, that eligible 
school or library shall receive a proportionate share of the shared 
services for which support is sought. For schools, the discount shall be 
a simple average of the applicable district-wide percentage for all 
schools sharing a portion of the shared services. For libraries, the 
average discount shall be a simple average of the applicable discounts 
to which the libraries sharing a portion of the shared services are 
entitled.
    (c) Matrices. Except as provided in paragraphs (d), (f), and (g) of 
this section, the Administrator shall use the following matrices to set 
discount rates to be applied to eligible category one and category two 
services purchased by eligible schools, school districts, libraries, or 
consortia based on the institution's level of poverty and location in an 
``urban'' or ``rural'' area.

[[Page 220]]



----------------------------------------------------------------------------------------------------------------
                                                              Category one schools and  Category two schools and
-------------------------------------------------------------    libraries discount        libraries discount
                                                                       matrix                    matrix
----------------------------------------------------------------------------------------------------------------
                                                                   Discount level            Discount level
                                                             ---------------------------------------------------
  % of students eligible for national school lunch program       Urban        Rural        Urban        Rural
                                                                discount     discount     discount     discount
----------------------------------------------------------------------------------------------------------------
<1..........................................................           20           25           20           25
1-19........................................................           40           50           40           50
20-34.......................................................           50           60           50           60
35-49.......................................................           60           70           60           70
50-74.......................................................           80           80           80           80
75-100......................................................           90           90           85           85
----------------------------------------------------------------------------------------------------------------

    (d) Voice Services. Discounts for category one voice services shall 
be reduced by 20 percentage points off applicant discount percentage 
rates for each funding year starting in funding year 2015, and reduced 
by an additional 20 percentage points off applicant discount percentage 
rates each subsequent funding year.
    (e) Interstate and intrastate services. Federal universal service 
support for schools and libraries shall be provided for both interstate 
and intrastate services.
    (1) Federal universal service support under this subpart for 
eligible schools and libraries in a state is contingent upon the 
establishment of intrastate discounts no less than the discounts 
applicable for interstate services.
    (2) A state may, however, secure a temporary waiver of this latter 
requirement based on unusually compelling conditions.
    (f) Additional discounts for State matching funds for special 
construction. Federal universal service discounts shall be based on the 
price of a service prior to the application of any state-provided 
support for schools or libraries. When a governmental entity described 
below provides funding for special construction charges for networks 
that meet the long-term connectivity targets for the schools and 
libraries universal service support program, the Administrator shall 
match the governmental entity's contribution as provided for below:
    (1) All E-rate applicants. When a State government provides funding 
for special construction charges for a broadband connection to a school 
or library the Administrator shall match the State's contribution on a 
one-dollar-to-one-dollar basis up to an additional 10 percent discount, 
provided however that the total support from federal universal service 
and the State may not exceed 100 percent.
    (2) Tribal schools. When a State government, Tribal government, or 
federal agency provides funding for special construction charges for a 
broadband connection to a school operated by the Bureau of Indian 
Education or by a Tribal government, the Administrator shall match the 
governmental entity's contribution on a one-dollar-to-one-dollar basis 
up to an additional 10 percent discount, provided however that the total 
support from federal universal service and the governmental entity may 
not exceed 100 percent.
    (3) Tribal libraries. When a State government, Tribal government, or 
federal agency provides funding for special construction charges for a 
broadband connection to a library operated by Tribal governments, the 
Administrator shall match the governmental entity's contribution on a 
one-dollar-to-one-dollar basis up to an additional 10 percent discount, 
provided however that the total support from federal universal service 
and the governmental entity may not exceed 100 percent.
    (g) Tribal Library Category Two Discount Level. For the costs of 
category two services, Tribal libraries at the highest discount level 
shall receive a 90 percent discount.

[62 FR 32948, June 17, 1997, as amended at 62 FR 41304, Aug. 1, 1997; 63 
FR 2130, Jan. 13, 1998; 63 FR 70572, Dec. 21, 1998; 75 FR 75414, Dec. 3, 
2010; 79 FR 49201, Aug. 19, 2014; 79 FR 68634, Nov. 18, 2014; 80 FR 
5989, Feb. 4, 2015; 88 FR 55410, Aug. 15, 2023]

[[Page 221]]



Sec.  54.506  [Reserved]



Sec.  54.507  Cap.

    (a) Amount of the annual cap. The aggregate annual cap on federal 
universal service support for schools and libraries shall be $3.9 
billion per funding year, of which $1 billion per funding year will be 
available for category two services, as described in Sec.  54.502(a)(2), 
unless demand for category one services is higher than available 
funding.
    (1) Inflation increase. In funding year 2016 and subsequent funding 
years, the $3.9 billion funding cap on federal universal service support 
for schools and libraries 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 this paragraph (a), the Commission shall 
use the Gross Domestic Product Chain-type Price Index (GDP-CPI). To 
compute the annual increase as required by this paragraph (a), the 
percentage increase in the GDP-CPI from the previous year will be used. 
For instance, the annual increase in the GDP-CPI from 2008 to 2009 would 
be used for the 2010 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 GDP-
CPI decreases or stays the same, the annual funding cap shall remain the 
same as the previous year.
    (3) Public notice. When the calculation of the yearly average GDP-
CPI is determined, the Wireline Competition Bureau shall publish a 
public notice in the Federal Register within 60 days announcing any 
increase of the annual funding cap including any increase to the $1 
billion funding level available for category two services based on the 
rate of inflation.
    (4) Filing window requests. At the close of the filing window, if 
requests for category one services are greater than the available 
funding, the Administrator shall shift category two funds to provide 
support for category one services. If available funds are sufficient to 
meet demand for category one services, the Administrator, at the 
direction of the Wireline Competition Bureau, shall direct the remaining 
additional funds to provide support for category two requests.
    (5) Amount of unused funds. All funds collected that are unused 
shall be carried forward into subsequent funding years for use in the 
schools and libraries support mechanism in accordance with the public 
interest and notwithstanding the annual cap. The Chief, Wireline 
Competition Bureau, is delegated authority to determine the proportion 
of unused funds, if any, needed to meet category one demand, and to 
direct the Administrator to use any remaining funds to provide support 
for category two requests. The Administrator shall report to the 
Commission, on a quarterly basis, funding that is unused from prior 
years of the schools and libraries support mechanism.
    (6) Application of unused funds. On an annual basis, in the second 
quarter of each calendar year, all funds that are collected and that are 
unused from prior years shall be available for use in the next full 
funding year of the schools and libraries mechanism in accordance with 
the public interest and notwithstanding the annual cap as described in 
this paragraph (a).
    (b) Funding year. A funding year for purposes of the schools and 
libraries cap shall be the period July 1 through June 30.
    (c) Requests. The Administrator shall implement an initial filing 
period that treats all schools and libraries filing an application 
within that period as if their applications were simultaneously 
received. The initial filing period shall begin and conclude on dates to 
be determined by the Administrator with the approval of the Chief of the 
Wireline Competition Bureau. The Administrator shall maintain on the 
Administrator's Web site a running tally of the funds already committed 
for the existing funding year. The Administrator may implement such 
additional filing periods as it deems necessary.
    (d) Annual filing requirement. (1) Schools and libraries, and 
consortia of such eligible entities shall file new

[[Page 222]]

funding requests for each funding year no sooner than the July 1 prior 
to the start of that funding year. Schools, libraries, and eligible 
consortia must use recurring services for which discounts have been 
committed by the Administrator within the funding year for which the 
discounts were sought.
    (2) Installation of category one non-recurring services may begin on 
January 1 prior to the July 1 start of the funding year, provided the 
following conditions are met:
    (i) Construction begins after selection of the service provider 
pursuant to a posted FCC Form 470,
    (ii) A category one recurring service must depend on the 
installation of the infrastructure, and
    (iii) The actual service start date for that recurring service is on 
or after the start of the funding year (July 1).
    (3) Installation of category two non-recurring services may begin on 
April 1 prior to the July 1 start of the funding year.
    (4) The deadline for implementation of all non-recurring services 
will be September 30 following the close of the funding year. An 
applicant may request and receive from the Administrator an extension of 
the implementation deadline for non-recurring services if it satisfies 
one of the following criteria:
    (i) The applicant's funding commitment decision letter is issued by 
the Administrator on or after March 1 of the funding year for which 
discounts are authorized;
    (ii) The applicant receives a service provider change authorization 
or service substitution authorization from the Administrator on or after 
March 1 of the funding year for which discounts are authorized;
    (iii) The applicant's service provider is unable to complete 
implementation for reasons beyond the service provider's control; or
    (iv) The applicant's service provider is unwilling to complete 
installation because funding disbursements are delayed while the 
Administrator investigates the application for program compliance.
    (e) Long term contracts. If schools and libraries enter into long 
term contracts for eligible services, the Administrator shall only 
commit funds to cover the pro rata portion of such a long term contract 
scheduled to be delivered during the funding year for which universal 
service support is sought.
    (f) Rules of distribution. When the filing period described in 
paragraph (c) of this section closes, the Administrator shall calculate 
the total demand for both category one and category two support 
submitted by applicants during the filing period. If total demand for 
the funding year exceeds the total support available for category one or 
both categories, the Administrator shall take the following steps:
    (1) Category one. The Administrator shall first calculate the demand 
for category one services for all discount levels. The Administrator 
shall allocate the category one funds to these requests for support, 
beginning with the most economically disadvantaged schools and 
libraries, as determined by the schools and libraries discount matrix in 
Sec.  54.505(c). Schools and libraries eligible for a 90 percent 
discount shall receive first priority for the category one funds. The 
Administrator shall next allocate funds toward the requests submitted by 
schools and libraries eligible for an 80 percent discount, then for a 70 
percent discount, and shall continue committing funds for category one 
services in the same manner to the applicants at each descending 
discount level until there are no funds remaining.
    (2) Category two. The Administrator shall next calculate the demand 
for category two services for all discount categories as determined by 
the schools and libraries discount matrix in Sec.  54.505(c). If that 
demand exceeds the category two budget for that funding year, the 
Administrator shall allocate the category two funds beginning with the 
most economically disadvantaged schools and libraries, as determined by 
the schools and libraries discount matrix in Sec.  54.505(c). The 
Administrator shall allocate funds toward the category two requests 
submitted by schools and libraries eligible for an 85 percent discount 
first, then for a 80 percent discount, and shall continue committing 
funds in the same manner to the applicants at each descending

[[Page 223]]

discount level until there are no category two funds remaining.
    (3) To the extent that there are single discount percentage levels 
associated with ``shared services'' under Sec.  54.505(b)(4), the 
Administrator shall allocate funds to the applicants at each descending 
discount level (e.g., 90 percent, 89 percent, then 88 percent) until 
there are no funds remaining.
    (4) For both paragraphs (f)(1) and (2) of this section, if the 
remaining funds are not sufficient to support all of the funding 
requests within a particular discount level, the Administrator shall 
allocate funds at that discount level using the percentage of students 
eligible for the National School Lunch Program. Thus, if there is not 
enough support to fund all requests at the 40 percent discount level, 
the Administrator shall allocate funds beginning with those applicants 
with the highest percentage of NSLP eligibility for that discount level 
by funding those applicants with 19 percent NSLP eligibility, then 18 
percent NSLP eligibility, and shall continue committing funds in the 
same manner to applicants at each descending percentage of NSLP until 
there are no funds remaining.

[79 FR 49201, Aug. 19, 2014, as amended at 80 FR 5990, Feb. 4, 2015]



Sec. Sec.  54.508-54.509  [Reserved]



Sec.  54.511  Ordering services.

    (a) Selecting a provider of eligible services. Except as exempted in 
Sec.  54.503(e), in selecting a provider of eligible services, schools, 
libraries, library consortia, and consortia including any of those 
entities shall carefully consider all bids submitted and must select the 
most cost-effective service offering. In determining which service 
offering is the most cost-effective, entities may consider relevant 
factors other than the pre-discount prices submitted by providers, but 
price should be the primary factor considered.
    (b) Lowest corresponding price. Providers of eligible services shall 
not submit bids for or charge schools, school districts, libraries, 
library consortia, or consortia including any of these entities a price 
above the lowest corresponding price for supported services, unless the 
Commission, with respect to interstate services or the state commission 
with respect to intrastate services, finds that the lowest corresponding 
price is not compensatory. Promotional rates offered by a service 
provider for a period of more than 90 days must be included among the 
comparable rates upon which the lowest corresponding price is 
determined.

[79 FR 59203, Aug. 19, 2014]



Sec.  54.513  Resale and transfer of services.

    (a) Prohibition on resale. Eligible supported services provided at a 
discount under this subpart shall not be sold, resold, or transferred in 
consideration of money or any other thing of value, except as provided 
in paragraph (b) of this section.
    (b) Disposal of obsolete equipment components of eligible services. 
Eligible equipment components of eligible services purchased at a 
discount under this subpart shall be considered obsolete if the 
equipment components have has been installed for at least five years. 
Obsolete equipment components of eligible services may be resold or 
transferred in consideration of money or any other thing of value, 
disposed of, donated, or traded.
    (c) Permissible fees. This prohibition on resale shall not bar 
schools, school districts, libraries, and library consortia from 
charging either computer lab fees or fees for classes in how to navigate 
over the Internet. There is no prohibition on the resale of services 
that are not purchased pursuant to the discounts provided in this 
subpart.
    (d) Eligible services and equipment components of eligible services 
purchased at a discount under this subpart shall not be transferred, 
with or without consideration of money or any other thing of value, for 
a period of three years after purchase, except that eligible services 
and equipment components of eligible services may be transferred to 
another eligible school or library in the event that the particular 
location where the service originally was received is permanently or 
temporarily closed, or is part of the same eligible school district or 
library system as the location receiving the eligible services or 
equipment components of eligible services. If an eligible service

[[Page 224]]

or equipment component of a service is transferred pursuant to this 
paragraph, both the transferor and recipient must maintain detailed 
records documenting the transfer and the reason for the transfer for a 
period of five years.

[62 FR 32948, June 17, 1997, as amended at 69 FR 6191, Feb. 10, 2004; 75 
FR 75415, Dec. 3, 2010; 84 FR 70037, Dec. 20, 2019]



Sec.  54.514  Payment for discounted services.

    (a) Invoice filing deadline. Invoices must be submitted to the 
Administrator:
    (1) 120 days after the last day to receive service;
    (2) 120 days after the date of the FCC Form 486 Notification Letter; 
or
    (3) 120 days after the date of the Revised Funding Commitment 
Decision Letter approving a post-commitment request made by the 
applicant or service provider or a successful appeal of a previously 
denied or reduced funding request, whichever is latest.
    (b) Invoice deadline extension. In advance of the deadline 
calculated pursuant to paragraph (a) of this section, service providers 
or billed entities may request a one-time extension of the invoicing 
deadline. The Administrator shall grant a 120 day extension of the 
invoice filing deadline, if it is timely requested.
    (c) Choice of payment method. Service providers providing discounted 
services under this subpart in any funding year shall, prior to the 
submission of the FCC Form 471, permit the billed entity to choose the 
method of payment for the discounted services from those methods 
approved by the Administrator, including by making a full, undiscounted 
payment and receiving subsequent reimbursement of the discount amount 
from the Administrator.

[79 FR 49203, Aug. 19, 2014, as amended at 86 FR 9027, Feb. 11, 2021]



Sec.  54.515  Distributing support.

    (a) A telecommunications carrier providing services eligible for 
support under this subpart to eligible schools and libraries may, at the 
election of the carrier, treat the amount eligible for support under 
this subpart as an offset against the carrier's universal service 
contribution obligation for the year in which the costs for providing 
eligible services were incurred or receive a direct reimbursement from 
the Administrator for that amount. Carriers shall elect in January of 
each year the method by which they will be reimbursed and shall remain 
subject to that method for the duration of the calendar year. Any 
support amount that is owed a carrier that fails to remit its monthly 
universal service contribution obligation, however, shall first be 
applied as an offset to that carrier's contribution obligation. Such a 
carrier shall remain subject to the offsetting method for the remainder 
of the calendar year in which it failed to remit their monthly universal 
service obligation. A carrier that continues to be in arrears on its 
universal service contribution obligations at the end of a calendar year 
shall remain subject to the offsetting method for the next calendar 
year.
    (b) If a telecommunications carrier elects to treat the amount 
eligible for support under this subpart as an offset against the 
carrier's universal service contribution obligation and the total amount 
of support owed to the carrier exceeds its universal service obligation, 
calculated on an annual basis, the carrier shall receive a direct 
reimbursement in the amount of the difference. Any such reimbursement 
due a carrier shall be submitted to that carrier no later than the end 
of the first quarter of the calendar year following the year in which 
the costs were incurred and the offset against the carrier's universal 
service obligation was applied.

[63 FR 67009, Dec. 4, 1998]



Sec.  54.516  Auditing and inspections.

    (a) Recordkeeping requirements--(1) Schools, libraries, and 
consortia. Schools, libraries, and any consortium that includes schools 
or libraries shall retain all documents related to the application for, 
receipt, and delivery of supported services for at least 10 years after 
the latter of the last day of the applicable funding year or the service 
delivery deadline for the funding request. Any other document that 
demonstrates compliance with the statutory or regulatory requirements 
for the schools and libraries mechanism shall

[[Page 225]]

be retained as well. Schools, libraries, and consortia shall maintain 
asset and inventory records of equipment purchased as components of 
supported category two services sufficient to verify the actual location 
of such equipment for a period of 10 years after purchase.
    (2) Service providers. Service providers shall retain documents 
related to the delivery of supported services for at least 10 years 
after the latter of the last day of the applicable funding year or the 
service delivery deadline for the funding request. Any other document 
that demonstrates compliance with the statutory or regulatory 
requirements for the schools and libraries mechanism shall be retained 
as well.
    (b) Production of records. Schools, libraries, consortia, and 
service providers shall produce such records at the request of any 
representative (including any auditor) appointed by a state education 
department, the Administrator, the FCC, or any local, state or federal 
agency with jurisdiction over the entity.
    (c) Audits. Schools, libraries, consortia, and service providers 
shall be subject to audits and other investigations to evaluate their 
compliance with the statutory and regulatory requirements for the 
schools and libraries universal service support mechanism, including 
those requirements pertaining to what services and products are 
purchased, what services and products are delivered, and how services 
and products are being used. Schools, libraries, and consortia receiving 
discounted services must provide consent before a service provider 
releases confidential information to the auditor, reviewer, or other 
representative.
    (d) Inspections. Schools, libraries, consortia and service providers 
shall permit any representative (including any auditor) appointed by a 
state education department, the Administrator, the Commission or any 
local, state or federal agency with jurisdiction over the entity to 
enter their premises to conduct E-rate compliance inspections.

[79 FR 49203, Aug. 19, 2014]



Sec. Sec.  54.517-54.518  [Reserved]



Sec.  54.519  State telecommunications networks.

    (a) Telecommunications services. State telecommunications networks 
may secure discounts under the universal service support mechanisms on 
supported telecommunications services (as described in Sec.  54.502(a)) 
on behalf of eligible schools and libraries (as described in Sec.  
54.501) or consortia that include an eligible school or library. Such 
state telecommunications networks shall pass on such discounts to 
eligible schools and libraries and shall:
    (1) Maintain records listing each eligible school and library and 
showing the basis for each eligibility determination;
    (2) Maintain records demonstrating the discount amount to which each 
eligible school and library is entitled and the basis for such 
determination;
    (3) Take reasonable steps to ensure that each eligible school or 
library receives a proportionate share of the shared services;
    (4) Request that service providers apply the appropriate discount 
amounts on the portion of the supported services used by each school or 
library;
    (5) Direct eligible schools and libraries to pay the discounted 
price; and
    (6) Comply with the competitive bid requirements set forth in Sec.  
54.503.
    (b) Internet access and installation and maintenance of internal 
connections. State telecommunications networks either may secure 
discounts on Internet access and installation and maintenance of 
internal connections in the manner described in paragraph (a) of this 
section with regard to telecommunications, or shall be eligible, 
consistent with Sec.  54.502(a), to receive universal service support 
for providing such services to eligible schools, libraries, and 
consortia including those entities.

[63 FR 2131, Jan. 13, 1998; 63 FR 33586, June 19, 1998, as amended at75 
FR 75415, Dec. 3, 2010]

[[Page 226]]



Sec.  54.520  Children's Internet Protection Act certifications required from recipients of discounts under the federal universal service support mechanism for 
          schools and libraries.

    (a) Definitions.
    (1) School. For the purposes of the certification requirements of 
this rule, school means school, school board, school district, local 
education agency or other authority responsible for administration of a 
school.
    (2) Library. For the purposes of the certification requirements of 
this rule, library means library, library board or authority responsible 
for administration of a library.
    (3) Billed entity. Billed entity is defined in Sec.  54.500. In the 
case of a consortium, the billed entity is the lead member of the 
consortium.
    (4) Statutory definitions.
    (i) The term ``minor'' means any individual who has not attained the 
age of 17 years.
    (ii) The term ``obscene'' has the meaning given such term in 18 
U.S.C. 1460.
    (iii) The term ``child pornography'' has the meaning given such term 
in 18 U.S.C. 2256.
    (iv) The term ``harmful to minors'' means any picture, image, 
graphic image file, or other visual depiction that--
    (A) Taken as a whole and with respect to minors, appeals to a 
prurient interest in nudity, sex, or excretion;
    (B) Depicts, describes, or represents, in a patently offensive way 
with respect to what is suitable for minors, an actual or simulated 
sexual act or sexual contact, actual or simulated normal or perverted 
sexual acts, or a lewd exhibition of the genitals; and
    (C) Taken as a whole, lacks serious literary, artistic, political, 
or scientific value as to minors.
    (v) The terms ``sexual act'' and ``sexual contact'' have the 
meanings given such terms in 18 U.S.C. 2246.
    (vi) The term ``technology protection measure'' means a specific 
technology that blocks or filters Internet access to the material 
covered by a certification under paragraph (c) of this section.
    (b) Who is required to make certifications? (1) A school or library 
that receives discounts for Internet access and internal connections 
services under the federal universal service support mechanism for 
schools and libraries, must make such certifications as described in 
paragraph (c) of this section. The certifications required and described 
in paragraph (c) of this section must be made in each funding year.
    (2) Schools and libraries that only receive discounts for 
telecommunications services under the federal universal service support 
mechanism for schools and libraries are not subject to the requirements 
47 U.S.C. 254(h) and (l), but must indicate, pursuant to the 
certification requirements in paragraph (c) of this section, that they 
only receive discounts for telecommunications services.
    (c) Certifications required under 47 U.S.C. 254(h) and (l)--(1) 
Schools. The billed entity for a school that receives discounts for 
Internet access or internal connections must certify on FCC Form 486 
that an Internet safety policy is being enforced. If the school is an 
eligible member of a consortium but is not the billed entity for the 
consortium, the school must certify instead on FCC Form 479 
(``Certification to Consortium Leader of Compliance with the Children's 
Internet Protection Act'') that an Internet safety policy is being 
enforced.
    (i) The Internet safety policy adopted and enforced pursuant to 47 
U.S.C. 254(h) must include a technology protection measure that protects 
against Internet access by both adults and minors to visual depictions 
that are obscene, child pornography, or, with respect to use of the 
computers by minors, harmful to minors. The school must enforce the 
operation of the technology protection measure during use of its 
computers with Internet access, although an administrator, supervisor, 
or other person authorized by the certifying authority under paragraph 
(a)(1) of this section may disable the technology protection measure 
concerned, during use by an adult, to enable access for bona fide 
research or other lawful purpose. This Internet safety policy must also 
include monitoring the online activities of minors. Beginning July 1, 
2012, schools' Internet safety policies must provide for educating

[[Page 227]]

minors about appropriate online behavior, including interacting with 
other individuals on social networking Web sites and in chat rooms and 
cyberbullying awareness and response.
    (ii) The Internet safety policy adopted and enforced pursuant to 47 
U.S.C. 254(l) must address all of the following issues:
    (A) Access by minors to inappropriate matter on the Internet and 
World Wide Web,
    (B) The safety and security of minors when using electronic mail, 
chat rooms, and other forms of direct electronic communications,
    (C) Unauthorized access, including so-called ``hacking,'' and other 
unlawful activities by minors online;
    (D) Unauthorized disclosure, use, and dissemination of personal 
information regarding minors; and
    (E) Measures designed to restrict minors' access to materials 
harmful to minors.
    (iii) A school must satisfy its obligations to make certifications 
by making one of the following certifications required by paragraph 
(c)(1) of this section on FCC Form 486:
    (A) The recipient(s) of service represented in the Funding Request 
Number(s) on this Form 486 has (have) complied with the requirements of 
the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) 
and (l).
    (B) Pursuant to the Children's Internet Protection Act, as codified 
at 47 U.S.C. 254(h) and (l), the recipient(s) of service represented in 
the Funding Request Number(s) on this Form 486, for whom this is the 
first funding year in the federal universal service support mechanism 
for schools and libraries, is (are) undertaking such actions, including 
any necessary procurement procedures, to comply with the requirements of 
CIPA for the next funding year, but has (have) not completed all 
requirements of CIPA for this funding year.
    (C) The Children's Internet Protection Act, as codified at 47 U.S.C. 
254(h) and (l), does not apply because the recipient(s) of service 
represented in the Funding Request Number(s) on this Form 486 is (are) 
receiving discount services only for telecommunications services.
    (2) Libraries. The billed entity for a library that receives 
discounts for Internet access and internal connections must certify, on 
FCC Form 486, that an Internet safety policy is being enforced. If the 
library is an eligible member of a consortium but is not the billed 
entity for the consortium, the library must instead certify on FCC Form 
479 (``Certification to Consortium Leader of Compliance with the 
Children's Internet Protection Act'') that an Internet safety policy is 
being enforced.
    (i) The Internet safety policy adopted and enforced pursuant to 47 
U.S.C. 254(h) must include a technology protection measure that protects 
against Internet access by both adults and minors to visual depictions 
that are obscene, child pornography, or, with respect to use of the 
computers by minors, harmful to minors. The library must enforce the 
operation of the technology protection measure during use of its 
computers with Internet access, although an administrator, supervisor, 
or other person authorized by the certifying authority under paragraph 
(a)(2) of this section may disable the technology protection measure 
concerned, during use by an adult, to enable access for bona fide 
research or other lawful purpose.
    (ii) The Internet safety policy adopted and enforced pursuant to 47 
U.S.C. 254(l) must address all of the following issues:
    (A) Access by minors to inappropriate matter on the Internet and 
World Wide Web;
    (B) The safety and security of minors when using electronic mail, 
chat rooms, and other forms of direct electronic communications;
    (C) Unauthorized access, including so-called ``hacking,'' and other 
unlawful activities by minors online;
    (D) Unauthorized disclosure, use, and dissemination of personal 
information regarding minors; and
    (E) Measures designed to restrict minors' access to materials 
harmful to minors.
    (iii) A library must satisfy its obligations to make certifications 
by making one of the following certifications required by paragraph 
(c)(2) of this section on FCC Form 486:

[[Page 228]]

    (A) The recipient(s) of service represented in the Funding Request 
Number(s) on this Form 486 has (have) complied with the requirements of 
the Children's Internet Protection Act, as codified at 47 U.S.C. 254(h) 
and (l).
    (B) Pursuant to the Children's Internet Protection Act, as codified 
at 47 U.S.C. 254(h) and (l), the recipient(s) of service represented in 
the Funding Request Number(s) on this Form 486, for whom this is the 
first funding year in the federal universal service support mechanism 
for schools and libraries, is (are) undertaking such actions, including 
any necessary procurement procedures, to comply with the requirements of 
CIPA for the next funding year, but has (have) not completed all 
requirements of CIPA for this funding year.
    (C) The Children's Internet Protection Act, as codified at 47 U.S.C. 
254(h) and (l), does not apply because the recipient(s) of service 
represented in the Funding Request Number(s) on this Form 486 is (are) 
receiving discount services only for telecommunications services.
    (3) Certifications required from consortia members and billed 
entities for consortia. (i) The billed entity of a consortium, as 
defined in paragraph (a)(3) of this section, other than one requesting 
only discounts on telecommunications services for consortium members, 
must collect from the authority for each of its school and library 
members, one of the following signed certifications on FCC Form 479 
(``Certification to Consortium Leader of Compliance with the Children's 
Internet Protection Act''), which must be submitted to the billed entity 
consistent with paragraph (c)(1) or paragraph (c)(2) of this section:
    (A) The recipient(s) of service under my administrative authority 
and represented in the Funding Request Number(s) for which you have 
requested or received Funding Commitments has (have) complied with the 
requirements of the Children's Internet Protection Act, as codified at 
47 U.S.C. 254(h) and (l).
    (B) Pursuant to the Children's Internet Protection Act, as codified 
at 47 U.S.C. 254(h) and (l), the recipient(s) of service under my 
administrative authority and represented in the Funding Request 
Number(s) for which you have requested or received Funding Commitments, 
and for whom this is the first funding year in the federal universal 
service support mechanism for schools and libraries, is (are) 
undertaking such actions, including any necessary procurement 
procedures, to comply with the requirements of CIPA for the next funding 
year, but has (have) not completed all requirements of CIPA for this 
funding year.
    (C) The Children's Internet Protection Act, as codified at 47 U.S.C. 
254(h) and (l), does not apply because the recipient(s) of service under 
my administrative authority and represented in the Funding Request 
Number(s) for which you have requested or received Funding Commitments 
is (are) receiving discount services only for telecommunications 
services; and
    (ii) The billed entity for a consortium, as defined in paragraph 
(a)(3) of this section, must make one of the following two 
certifications on FCC Form 486: ``I certify as the Billed Entity for the 
consortium that I have collected duly completed and signed Forms 479 
from all eligible members of the consortium.''; or I certify ``as the 
Billed Entity for the consortium that the only services that I have been 
approved for discounts under the universal service support on behalf of 
eligible members of the consortium are telecommunications services, and 
therefore the requirements of the Children's Internet Protection Act, as 
codified at 47 U.S.C. 254(h) and (l), do not apply.''; and
    (iii) The billed entity for a consortium, as defined in paragraph 
(a)(3) of this section, who filed an FCC Form 471 as a ``consortium 
application'' and who is also a recipient of services as a member of 
that consortium must select one of the certifications under paragraph 
(c)(3)(i) of this section on FCC Form 486.
    (4) Local determination of content. A determination regarding matter 
inappropriate for minors shall be made by the school board, local 
educational agency, library, or other authority responsible for making 
the determination. No agency or instrumentality of the United States 
Government may establish criteria for making such determination; review 
the determination

[[Page 229]]

made by the certifying school, school board, school district, local 
educational agency, library, or other authority; or consider the 
criteria employed by the certifying school, school board, school 
district, local educational agency, library, or other authority in the 
administration of the schools and libraries universal service support 
mechanism.
    (5) Availability for review. Each Internet safety policy adopted 
pursuant to 47 U.S.C. 254(l) shall be made available to the Commission, 
upon request from the Commission, by the school, school board, school 
district, local educational agency, library, or other authority 
responsible for adopting such Internet safety policy for purposes of the 
review of such Internet safety policy by the Commission.
    (d) Failure to provide certifications--(1) Schools and libraries. A 
school or library that knowingly fails to submit certifications as 
required by this section, shall not be eligible for discount services 
under the federal universal service support mechanism for schools and 
libraries until such certifications are submitted.
    (2) Consortia. A billed entity's knowing failure to collect the 
required certifications from its eligible school and library members or 
knowing failure to certify that it collected the required certifications 
shall render the entire consortium ineligible for discounts under the 
federal universal service support mechanism for school and libraries.
    (3) Reestablishing eligibility. At any time, a school or library 
deemed ineligible for discount services under the federal universal 
service support mechanism for schools and libraries because of failure 
to submit certifications required by this section, may reestablish 
eligibility for discounts by providing the required certifications to 
the Administrator and the Commission.
    (e) Failure to comply with the certifications--(1) Schools and 
libraries. A school or library that knowingly fails to ensure the use of 
computers in accordance with the certifications required by this 
section, must reimburse any funds and discounts received under the 
federal universal service support mechanism for schools and libraries 
for the period in which there was noncompliance.
    (2) Consortia. In the case of consortium applications, the 
eligibility for discounts of consortium members who ensure the use of 
computers in accordance with the certification requirements of this 
section shall not be affected by the failure of other school or library 
consortium members to ensure the use of computers in accordance with 
such requirements.
    (3) Reestablishing compliance. At any time, a school or library 
deemed ineligible for discounts under the federal universal service 
support mechanism for schools and libraries for failure to ensure the 
use of computers in accordance with the certification requirements of 
this section and that has been directed to reimburse the program for 
discounts received during the period of noncompliance, may reestablish 
compliance by ensuring the use of its computers in accordance with the 
certification requirements under this section. Upon submittal to the 
Commission of a certification or other appropriate evidence of such 
remedy, the school or library shall be eligible for discounts under the 
universal service mechanism.
    (f) Waivers based on state or local procurement rules and 
regulations and competitive bidding requirements. Waivers shall be 
granted to schools and libraries when the authority responsible for 
making the certifications required by this section, cannot make the 
required certifications because its state or local procurement rules or 
regulations or competitive bidding requirements, prevent the making of 
the certification otherwise required. The waiver shall be granted upon 
the provision, by the authority responsible for making the 
certifications on behalf of schools or libraries, that the schools or 
libraries will be brought into compliance with the requirements of this 
section, for schools, before the start of the third program year after 
April 20, 2001 in which the school is applying for funds under this 
title, and, for libraries, before the start of Funding Year 2005 or the 
third program year after April 20, 2001, whichever is later.
    (g) Funding year certification deadlines. For Funding Year 2003 and 
for

[[Page 230]]

subsequent funding years, billed entities shall provide one of the 
certifications required under paragraph (c)(1), (c)(2) or (c)(3) of this 
section on an FCC Form 486 in accordance with the existing program 
guidelines established by the Administrator.
    (h) Public notice; hearing or meeting. A school or library shall 
provide reasonable public notice and hold at least one public hearing or 
meeting to address the proposed Internet safety policy.

[66 FR 19396, Apr. 16, 2001; 66 FR 22133, May 3, 2001, as amended at 67 
FR 50603, Aug. 5, 2002; 68 FR 47255, Aug. 8, 2003; 76 FR 56303, Sept. 
13, 2011]



Sec.  54.522  [Reserved]



Sec.  54.523  Payment for the non-discount portion of supported services.

    An eligible school, library, or consortium must pay the non-discount 
portion of services or products purchased with universal service 
discounts. An eligible school, library, or consortium may not receive 
rebates for services or products purchased with universal service 
discounts. For the purpose of this rule, the provision, by the provider 
of a supported service, of free services or products unrelated to the 
supported service or product constitutes a rebate of the non-discount 
portion of the supported services.

[69 FR 6192, Feb. 10, 2004]



        Subpart G_Universal Service for Rural Health Care Program

    Source: 84 FR 54979, Oct. 11, 2019, unless otherwise noted.



Sec.  54.600  Terms and definitions.

    As used in this subpart, the following terms shall be defined as 
follows:
    (a) Funding year. A ``funding year'' for purposes of the funding cap 
shall be the period between July 1 of the current calendar year through 
June 30 of the next calendar year.
    (b) Health care provider. A ``health care provider'' is any:
    (1) Post-secondary educational institution offering health care 
instruction, including a teaching hospital or medical school;
    (2) Community health center or health center providing health care 
to migrants;
    (3) Local health department or agency;
    (4) Community mental health center;
    (5) Not-for-profit hospital;
    (6) Rural health clinic;
    (7) Skilled nursing facility (as defined in section 395i-3(a) of 
Title 42); or a
    (8) Consortium of health care providers consisting of one or more 
entities described in paragraphs (b)(1) through (7) in this section.
    (c) Off-site administrative office. An ``off-site administrative 
office'' is a facility that does not provide hands-on delivery of 
patient care but performs administrative support functions that are 
critical to the provision of clinical care by eligible health care 
providers.
    (d) Off-site data center. An ``off-site data center'' is a facility 
that serves as a centralized repository for the storage, management, and 
dissemination of an eligible health care provider's computer systems, 
associated components, and data, including (but not limited to) 
electronic health records.
    (e) Rural area. A ``rural area'' is an area that is entirely outside 
of a Core Based Statistical Area; is within a Core Based Statistical 
Area that does not have any Urban Area with a population of 25,000 or 
greater; or is in a Core Based Statistical Area that contains an Urban 
Area with a population of 25,000 or greater, but is within a specific 
census tract that itself does not contain any part of a Place or Urban 
Area with a population of greater than 25,000. For purposes of this 
rule, ``Core Based Statistical Area,'' ``Urban Area,'' and ``Place'' are 
as identified by the Census Bureau.
    (f) Rural health care provider. A ``rural health care provider'' is 
an eligible health care provider site located in a rural area.
    (g) Urbanized area. An ``urbanized area'' is an area with 50,000 or 
more people as designated by the Census Bureau based on the most recent 
decennial Census.

[[Page 231]]



Sec.  54.601  Health care provider eligibility.

    (a) Eligible health care providers. (1) Only an entity that is 
either a public or non-profit health care provider, as defined in this 
subpart, shall be eligible to receive support under this subpart.
    (2) Each separate site or location of a health care provider shall 
be considered an individual health care provider for purposes of 
calculating and limiting support under this subpart.
    (b) Determination of health care provider eligibility for the 
Healthcare Connect Fund Program. Health care providers in the Healthcare 
Connect Fund Program may certify to the eligibility of particular sites 
at any time prior to, or concurrently with, filing a request for 
services to initiate competitive bidding for the site. Applicants who 
utilize a competitive bidding exemption must provide eligibility 
information for the site to the Administrator prior to, or concurrently 
with, filing a request for funding for the site. Health care providers 
must also notify the Administrator within 30 days of a change in the 
health care provider's name, site location, contact information, or 
eligible entity type.



Sec.  54.602  Health care support mechanism.

    (a) Telecommunications Program. Eligible rural health care providers 
may request support for the difference, if any, between the urban and 
rural rates for telecommunications services, subject to the provisions 
and limitations set forth in Sec. Sec.  54.600 through 54.602 and 54.603 
through 54.606. This support is referred to as the ``Telecommunications 
Program.''
    (b) Healthcare Connect Fund Program. Eligible health care providers 
may request support for eligible services, equipment, and 
infrastructure, subject to the provisions and limitations set forth in 
Sec. Sec.  54.600 through 54.602 and 54.607 through 54.618. This support 
is referred to as the ``Healthcare Connect Fund Program.''
    (c) Allocation of discounts. An eligible health care provider that 
engages in both eligible and ineligible activities or that collocates 
with an ineligible entity shall allocate eligible and ineligible 
activities in order to receive prorated support for the eligible 
activities only. Health care providers shall choose a method of cost 
allocation that is based on objective criteria and reasonably reflects 
the eligible usage of the facilities.
    (d) Health care purposes. Services for which eligible health care 
providers receive support from the Telecommunications Program or the 
Healthcare Connect Fund Program must be reasonably related to the 
provision of health care services or instruction that the health care 
provider is legally authorized to provide under the law in the state in 
which such health care services or instruction are provided.

                       Telecommunications Program



Sec.  54.603  Consortia, telecommunications services, and existing contracts.

    (a) Consortia. (1) Under the Telecommunications Program, an eligible 
health care provider may join a consortium with other eligible health 
care providers; with schools, libraries, and library consortia eligible 
under subpart F of this part; and with public sector (governmental) 
entities to order telecommunications services. With one exception, 
eligible health care providers participating in consortia with 
ineligible private sector members shall not be eligible for supported 
services under this subpart. A consortium may include ineligible private 
sector entities if such consortium is only receiving services at 
tariffed rates or at market rates from those providers who do not file 
tariffs.
    (2) For consortia, universal service support under the 
Telecommunications Program shall apply only to the portion of eligible 
services used by an eligible health care provider.
    (b) Telecommunications services. Any telecommunications service that 
is the subject of a properly completed bona fide request by a rural 
health care provider shall be eligible for universal service support. 
Upon submitting a bona fide request to a telecommunications carrier, 
each eligible rural health care provider is entitled to receive the most 
cost-effective, commercially-available telecommunications service, and a 
telecommunications

[[Page 232]]

service carrier that is eligible for support under the 
Telecommunications Program shall provide such service at the urban rate, 
as defined in Sec.  54.604.
    (c) Existing contracts. A signed contract for services eligible for 
Telecommunications Program support pursuant to this subpart between an 
eligible health care provider, as defined under Sec.  54.600, and a 
service provider shall be exempt from the competitive bid requirements 
as set forth in Sec.  54.622(i).



Sec.  54.604  Determining the urban rate.

    (a) Urban rate. An applicant shall use the applicable urban rate 
currently available in the Administrator's database when requesting 
funding. The ``urban rate'' shall be the median of all available rates 
identified by the Administrator for functionally similar services in all 
urbanized areas of the state where the health care provider is located 
to the extent that urbanized area falls within the state.
    (b) Database. The Administrator shall create and maintain on its 
website a database that lists, by state, the eligible Telecommunications 
Program services and the related urban rate.

    Effective Date Note: At 88 FR 17395, Mar. 23, 2023, Sec.  54.604 was 
revised, however this amendment has been delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



Sec.  54.604  Determining the urban rate.

    (a) Effective funding year 2024, if a rural health care provider 
requests support for an eligible service to be funded from the 
Telecommunications Program that is to be provided over a distance that 
is less than or equal to the ``standard urban distance,'' as defined in 
paragraph (c) of this section, for the state in which it is located, the 
``urban rate'' for that service shall be a rate no higher than the 
highest tariffed or publicly-available rate charged to a commercial 
customer for a functionally similar service in any city with a 
population of 50,000 or more in that state, calculated as if it were 
provided between two points within the city.
    (b) If a rural health care provider requests an eligible service to 
be provided over a distance that is greater than the ``standard urban 
distance,'' as defined in paragraph (c) of this section, for the state 
in which it is located, the urban rate for that service shall be a rate 
no higher than the highest tariffed or publicly-available rate charged 
to a commercial customer for a functionally similar service provided 
over the standard urban distance in any city with a population of 50,000 
or more in that state, calculated as if the service were provided 
between two points within the city.
    (c) The ``standard urban distance'' for a state is the average of 
the longest diameters of all cities with a population of 50,000 or more 
within the state.
    (d) The Administrator shall calculate the ``standard urban 
distance'' and shall post the ``standard urban distance'' and the 
maximum supported distance for each state on its website.



Sec.  54.605  Determining the rural rate.

    (a) Rural rate. An applicant shall use the lower of the applicable 
``rural rate'' currently available in the Administrator's database or 
the rural rate included in the service agreement that the health care 
provider enters into with the service provider when requesting funding.
    (1) For purposes of paragraph (a) of this section, The rural rate 
will be determined using the following tiers in which a health care 
provider is located:
    (i) Extremely Rural. Areas entirely outside of a Core Based 
Statistical Area.
    (ii) Rural. Areas within a Core Based Statistical Area that does not 
have an Urban Area with a population of 25,000 or greater.
    (iii) Less rural. Areas in a Core Based Statistical Area that 
contains an Urban Area with a population of 25,000 or greater, but are 
within a specific census tract that itself does not contain any part of 
a Place or Urban Area with a population of greater than 25,000.
    (iv) Frontier. For health care providers located in Alaska only, 
areas outside of a Core Based Statistical Area that are inaccessible by 
road as determined by the Alaska Department of Commerce, Community, and 
Economic Development, Division of Community and Regional Affairs. The 
``rural rate'' shall be the median of all available rates for the same 
or functionally similar service offered within the rural tier, 
applicable to the health care provider's location within the state. The 
Administrator shall not include any rates reduced by universal service 
support mechanisms. The ``rural rate'' shall be used as described in 
this subpart to determine the credit

[[Page 233]]

or reimbursement due to a telecommunications carrier that provides 
eligible telecommunications services to eligible health care providers.
    (b) Database. The Administrator shall create and maintain on its 
website a database that lists, by state, the eligible Telecommunications 
Program services and the related rural rate for each such service and 
for each rural tier.
    (c) Request for waiver. A petition for a waiver of the ``rural 
rate,'' as described in paragraph (a) in this section, may be granted if 
the service provider demonstrates that application of the rural rate 
published by the Administrator would result in a projected rate of 
return on the net investment in the assets used to provide the rural 
health care service that is less than the Commission-prescribed rate of 
return for incumbent rate of return local exchange carriers (LECs). All 
waiver requests must articulate specific facts that demonstrate that 
``good cause'' exists to grant the requested waiver and that granting 
the requested waiver would be in the public interest. To satisfy this 
standard, the waiver request must be substantiated through documentary 
evidence as stated in the following. A waiver request will not be 
entertained if it does not also set forth a rural rate that the service 
provider demonstrates will permit it to obtain no more than the current 
Commission prescribed rate of return authorized for incumbent rate of 
return local exchange carriers.
    (1) For purposes of paragraph (c), petitions seeking a waiver must 
include all financial data and other information to verify the service 
provider's assertions, including, at a minimum, the following 
information:
    (i) Company-wide and rural health care service gross investment, 
accumulated depreciation, deferred state and federal income taxes, and 
net investment; capital costs by category expressed as annual figures 
(e.g., depreciation expense, state and federal income tax expense, 
return on net investment); operating expenses by category (e.g., 
maintenance expense, administrative and other overhead expenses, and tax 
expense other than income tax expense); the applicable state and federal 
income tax rates; fixed charges (e.g., interest expense); and any income 
tax adjustments;
    (ii) An explanation and a set of detailed spreadsheets showing the 
direct assignment of costs to the rural health care service and how 
company-wide common costs are allocated among the company's services, 
including the rural health care service, and the result of these direct 
assignments and allocations as necessary to develop a rate for the rural 
health care service;
    (iii) The company-wide and rural health care service costs for the 
most recent calendar year for which full-time actual, historical cost 
data are available;
    (iv) Projections of the company-wide and rural health care service 
costs for the funding year in question and an explanation of those 
projections;
    (v) Actual monthly demand data for the rural health care service for 
the most recent three calendar years (if applicable);
    (vi) Projections of the monthly demand for the rural health care 
service for the funding year in question, and the data and details on 
the methodology used to make those projections;
    (vii) The annual revenue requirement (capital costs and operating 
expenses expressed as an annual number plus a return on net investment) 
and the rate for the funded service (annual revenue requirement divided 
by annual demand divided by twelve equals the monthly rate for the 
service), assuming one rate element for the service), based on the 
projected rural health care service costs and demands;
    (viii) Audited financial statements and notes to the financial 
statements, if available, and otherwise unaudited financial statements 
for the most recent three fiscal years, specifically, the cash flow 
statement, income statement, and balance sheets. Such statements shall 
include information regarding costs and revenues associated with, or 
used as a starting point to develop, the rural health care service rate; 
and
    (ix) Density characteristics of the rural area or other relevant 
geographical areas including square miles, road miles, mountains, bodies 
of water, lack of roads, remoteness, challenges and costs associated 
with transporting

[[Page 234]]

fuel, satellite and backhaul availability, extreme weather conditions, 
challenging topography, short construction season or any other 
characteristics that contribute to the high cost of servicing the health 
care providers.

    Effective Date Note: At 88 FR 17395, Mar. 23, 2023, Sec.  54.605 was 
revised, however this amendment has been delayed indefinitely. For the 
convenience of the user, the revised text is set forth as follows:



Sec.  54.605  Determining the rural rate.

    (a) Effective funding year 2024, the rural rate shall be the average 
of the rates actually being charged to commercial customers, other than 
health care providers, for identical or similar services provided by the 
telecommunications carrier providing the service in the rural area in 
which the health care provider is located. The rates included in this 
average shall be for services provided over the same distance as the 
eligible service. The rates averaged to calculate the rural rate must 
not include any rates reduced by universal service support mechanisms. 
The ``rural rate'' shall be used as described in this subpart to 
determine the credit or reimbursement due to a telecommunications 
carrier that provides eligible telecommunications services to eligible 
health care providers.
    (b) If the telecommunications carrier serving the health care 
provider is not providing any identical or similar services in the rural 
area, then the rural rate shall be the average of the tariffed and other 
publicly available rates, not including any rates reduced by universal 
service programs, charged for the same or similar services in that rural 
area over the same distance as the eligible service by other carriers. 
If there are no tariffed or publicly available rates for such services 
in that rural area, or if the carrier reasonably determines that this 
method for calculating the rural rate is unfair, then the carrier shall 
submit for the state commission's approval, for intrastate rates, or for 
the Commission's approval, for interstate rates, a cost-based rate for 
the provision of the service in the most economically efficient, 
reasonably available manner.
    (1) The carrier must provide, to the state commission, for 
intrastate rates, or to the Commission, for interstate rates, a 
justification of the proposed rural rate, including an itemization of 
the costs of providing the requested service.
    (2) The carrier must provide such information periodically 
thereafter as required, by the state commission for intrastate rates or 
the Commission for interstate rates. In doing so, the carrier much take 
into account anticipated and actual demand for telecommunications 
services by all customers who will use the facilities over which 
services are being provided to eligible health care providers.



Sec.  54.606  Calculating support.

    (a) The amount of universal service support provided for an eligible 
service to be funded from the Telecommunications program shall be the 
difference, if any, between the urban rate and the rural rate charged 
for the services, as defined in this section. In addition, all 
reasonable charges that are incurred by taking such services, such as 
state and federal taxes, shall be eligible for universal service 
support. 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.
    (b) The universal service support mechanisms shall provide support 
for intrastate telecommunications services, as set forth in Sec.  
54.101(a), provided to rural health care providers as well as interstate 
telecommunications services.
    (c) Mobile rural health care providers--(1) Calculation of support. 
The support amount allowed under the Telecommunications Program for 
satellite services provided to mobile rural health care providers is 
calculated by comparing the rate for the satellite service to the rate 
for an urban wireline service with a similar bandwidth. Support for 
satellite services shall not be capped at an amount of a functionally 
similar wireline alternative. Where the mobile rural health care 
provider provides service in more than one state, the calculation shall 
be based on the urban areas in each state, proportional to the number of 
locations served in each state.
    (2) Documentation of support. (i) Mobile rural health care providers 
shall provide to the Administrator documentation of the price of 
bandwidth equivalent wireline services in the urban area in the state or 
states where the service is provided. Mobile rural health care providers 
shall provide to the Administrator the number of sites the mobile health 
care provider will serve during the funding year.

[[Page 235]]

    (ii) Where a mobile rural health care provider serves less than 
eight different sites per year, the mobile rural health care provider 
shall provide to the Administrator documentation of the price of 
bandwidth equivalent wireline services. In such case, the Administrator 
shall determine on a case-by-case basis whether the telecommunications 
service selected by the mobile rural health care provider is the most 
cost-effective option. Where a mobile rural health care provider seeks a 
more expensive satellite-based service when a less expensive wireline 
alternative is most cost-effective, the mobile rural health care 
provider shall be responsible for the additional cost.

                     Healthcare Connect Fund Program



Sec.  54.607  Eligible recipients.

    (a) Rural health care provider site--individual and consortium. 
Under the Healthcare Connect Fund Program, an eligible rural health care 
provider may receive universal service support by applying individually 
or through a consortium. For purposes of the Healthcare Connect Fund 
Program, a ``consortium'' is a group of two or more health care provider 
sites that request support through a single application. Consortia may 
include health care providers who are not eligible for support under the 
Healthcare Connect Fund Program, but such health care providers cannot 
receive support for their expenses and must participate pursuant to the 
cost allocation guidelines in Sec.  54.617(d).
    (b) Limitation on participation of non-rural health care provider 
sites in a consortium. An eligible non-rural health care provider site 
may receive universal service support only as part of a consortium that 
includes more than 50 percent eligible rural health care provider sites. 
The majority-rural consortia percentage requirement will increase by 5 
percent for the following funding year (up to a maximum of 75 percent) 
if the Commission must prioritize funding for a given year because Rural 
Health Care Program demand exceeds the funding cap.
    (c) Limitation on large non-rural hospitals. Each eligible non-rural 
public or non-profit hospital site with 400 or more licensed patient 
beds may receive no more than $30,000 per year in Healthcare Connect 
Fund Program support for eligible recurring charges and no more than 
$70,000 in Healthcare Connect Fund Program support every five years for 
eligible nonrecurring charges, exclusive in both cases of costs shared 
by the network.



Sec.  54.608  Eligible service providers.

    For purposes of the Healthcare Connect Fund Program, eligible 
service providers shall include any provider of equipment, facilities, 
or services that is eligible for support under the Healthcare Connect 
Fund Program.



Sec.  54.609  Designation of Consortium Leader.

    (a) Identifying a Consortium Leader. Each consortium seeking support 
under the Healthcare Connect Fund Program must identify an entity or 
organization that will lead the consortium (the ``Consortium Leader'').
    (b) Consortium Leader eligibility. The Consortium Leader may be the 
consortium itself (if it is a distinct legal entity); an eligible health 
care provider participating in the consortium; or a state organization, 
public sector (governmental) entity (including a Tribal government 
entity), or non-profit entity that is ineligible for Healthcare Connect 
Fund Program support. Ineligible state organizations, public sector 
entities, or non-profit entities may serve as Consortium Leaders or 
provide consulting assistance to consortia only if they do not 
participate as potential service providers during the competitive 
bidding process. An ineligible entity that serves as the Consortium 
Leader must pass on the full value of any discounts, funding, or other 
program benefits secured to the consortium members that are eligible 
health care providers.
    (c) Consortium Leader responsibilities. The Consortium Leader's 
responsibilities include the following:
    (1) Legal and financial responsibility for supported activities. The 
Consortium Leader is the legally and financially responsible entity for 
the activities supported by the Healthcare Connect Fund Program. By 
default, the Consortium Leader is the responsible entity if

[[Page 236]]

audits or other investigations by Administrator or the Commission reveal 
violations of the Act or Commission rules, with individual consortium 
members being jointly and severally liable if the Consortium Leader 
dissolves, files for bankruptcy, or otherwise fails to meet its 
obligations. Except for the responsibilities specifically described in 
paragraphs (c)(2) through (6) in this section, consortia may allocate 
legal and financial responsibility as they see fit, provided that this 
allocation is memorialized in a formal written agreement between the 
affected parties (i.e., the Consortium Leader, and the consortium as a 
whole and/or its individual members), and the written agreement is 
submitted to the Administrator for approval with, or prior to, the 
request for services. Any such agreement must clearly identify the 
party(ies) responsible for repayment if the Administrator, at a later 
date, seeks to recover disbursements of support to the consortium due to 
violations of program rules.
    (2) Point of contact for the FCC and Administrator. The Consortium 
Leader is responsible for designating an individual who will be the 
``Project Coordinator'' and serve as the point of contact with the 
Commission and the Administrator for all matters related to the 
consortium. The Consortium Leader is responsible for responding to 
Commission and Administrator inquiries on behalf of the consortium 
members throughout the application, funding, invoicing, and post-
invoicing period.
    (3) Typical applicant functions, including forms and certifications. 
The Consortium Leader is responsible for submitting program forms and 
required documentation and ensuring that all information and 
certifications submitted are true and correct. The Consortium Leader 
must also collect and retain a Letter of Agency (LOA) from each member, 
pursuant to Sec.  54.610.
    (4) Competitive bidding and cost allocation. The Consortium Leader 
is responsible for ensuring that the competitive bidding process is fair 
and open and otherwise complies with Commission requirements. If costs 
are shared by both eligible and ineligible entities, the Consortium 
Leader must ensure that costs are allocated in a manner that ensures 
that only eligible entities receive the benefit of program discounts.
    (5) Invoicing. The Consortium Leader is responsible for notifying 
the Administrator when supported services have commenced and for 
submitting invoices to the Administrator.
    (6) Recordkeeping, site visits, and audits. The Consortium Leader is 
also responsible for compliance with the Commission's recordkeeping 
requirements and for coordinating site visits and audits for all 
consortium members.



Sec.  54.610  Letters of agency (LOA).

    (a) Authorizations. Under the Healthcare Connect Fund Program, the 
Consortium Leader must obtain the following authorizations:
    (1) Prior to the submission of the request for services, the 
Consortium Leader must obtain authorization, the necessary 
certifications, and any supporting documentation from each consortium 
member to permit the Consortium Leader to submit the request for 
services and prepare and post the request for proposal on behalf of the 
member.
    (2) Prior to the submission of the funding request, the Consortium 
Leader must secure authorization, the necessary certifications, and any 
supporting documentation from each consortium member to permit the 
Consortium Leader to submit the funding request and manage invoicing and 
payments on behalf of the member.
    (b) Optional two-step process. The Consortium Leader may secure both 
required authorizations from each consortium member in either a single 
LOA or in two separate LOAs.
    (c) Required information in a LOA. (1) An LOA must include, at a 
minimum, the name of the entity filing the application (i.e., lead 
applicant or Consortium Leader); the name of the entity authorizing the 
filing of the application (i.e., the participating health care provider/
consortium member); the physical location of the health care provider/
consortium member site(s); the relationship of each site seeking support 
to the lead entity filing the application; the specific timeframe the 
LOA covers; the signature, title and contact information (including 
phone

[[Page 237]]

number, mailing address, and email address) of an official who is 
authorized to act on behalf of the health care provider/consortium 
member; the signature date; and the type of services covered by the LOA.
    (2) For health care providers located on Tribal lands, if the health 
care facility is a contract facility that is run solely by the tribe, 
the appropriate Tribal leader, such as the Tribal chairperson, 
president, or governor, shall also sign the LOA, unless the health care 
responsibilities have been duly delegated to another Tribal government 
representative.



Sec.  54.611  Health care provider contribution.

    (a) Health care provider contribution. All health care providers 
receiving support under the Healthcare Connect Fund Program shall 
receive a 65 percent discount on the cost of eligible expenses and shall 
be required to contribute 35 percent of the total cost of all eligible 
expenses.
    (b) Limits on eligible sources of health care provider contribution. 
Only funds from eligible sources may be applied toward the health care 
provider's required contribution.
    (1) Eligible sources include the applicant or eligible health care 
provider participants; state grants, appropriations, or other sources of 
state funding; federal grants, loans, appropriations except for other 
federal universal service funding, or other sources of federal funding; 
Tribal government funding; and other grants, including private grants.
    (2) Ineligible sources include (but are not limited to) in-kind or 
implied contributions from health care providers; direct payments from 
service providers, including contractors and consultants to such 
entities; and for-profit entities.
    (c) Disclosure of health care provider contribution source. Prior to 
receiving support, applicants are required to identify with specificity 
their sources of funding for their contribution of eligible expenses.
    (d) Future revenues from excess capacity as source of health care 
provider contribution. A consortium applicant that receives support for 
participant-owned network facilities under Sec.  54.614 may use future 
revenues from excess capacity as a source for the required health care 
provider contribution, subject to the following limitations:
    (1) The consortium's selection criteria and evaluation for ``cost-
effectiveness,'' pursuant to Sec.  54.622(g)(1), cannot provide a 
preference to bidders that offer to construct excess capacity;
    (2) The applicant must pay the full amount of the additional costs 
for excess capacity facilities that will not be part of the supported 
health care network;
    (3) The additional cost of constructing excess capacity facilities 
may not count toward a health care provider's required contribution;
    (4) The inclusion of excess capacity facilities cannot increase the 
funded cost of the dedicated health care network in any way;
    (5) An eligible health care provider (typically the consortium, 
although it may be an individual health care provider participating in 
the consortium) must retain ownership of the excess capacity facilities. 
It may make the facilities available to third parties only under an 
indefeasible right of use (IRU) or lease arrangement. The lease or IRU 
between the participant and the third party must be an arm's length 
transaction. To ensure that this is an arm's length transaction, neither 
the service provider that installs the excess capacity facilities nor 
its affiliate is eligible to enter into an IRU or lease with the 
participant;
    (6) Any amount prepaid for use of the excess capacity facilities 
(IRU or lease) must be placed in an escrow account. The participant can 
then use the escrow account as an eligible source of funds for the 
participant's 35 percent contribution to the project; and
    (7) All revenues from use of the excess capacity facilities by the 
third party must be used for the health care provider contribution or 
for the sustainability of the health care network supported by the 
Healthcare Connect Fund Program. Network costs that may be funded with 
any additional revenues that remain will include: Administration costs, 
equipment, software, legal fees, or other costs not covered by the 
Healthcare Connect Fund Program,

[[Page 238]]

as long as they are relevant to sustaining the network.



Sec.  54.612  Eligible services.

    (a) Eligible services. Subject to the provisions of Sec. Sec.  
54.600 through 54.602 and 54.607 through 54.633, eligible health care 
providers may request support under the Healthcare Connect Fund Program 
for any advanced telecommunications or information service that enables 
health care providers to post their own data, interact with stored data, 
generate new data, or communicate, by providing connectivity over 
private dedicated networks or the public internet for the provision of 
health information technology.
    (b) Eligibility of dark fiber. A consortium of eligible health care 
providers may receive support for ``dark'' fiber where the customer, not 
the service provider, provides the modulating electronics, subject to 
the following limitations:
    (1) Support for recurring charges associated with dark fiber is only 
available once the dark fiber is ``lit'' and actually being used by the 
health care provider. Support for non-recurring charges for dark fiber 
is only available for fiber lit within the same funding year, but 
applicants may receive up to a one-year extension to light fiber, 
consistent with Sec.  54.626(b), if they provide documentation to the 
Administrator that construction was unavoidably delayed due to weather 
or other reasons.
    (2) Requests for proposals that solicit dark fiber solutions must 
also solicit proposals to provide the needed services over lit fiber 
over a time period comparable to the duration of the dark fiber lease or 
indefeasible right of use.
    (3) If an applicant intends to request support for equipment and 
maintenance costs associated with lighting and operating dark fiber, it 
must include such elements in the same request for proposal as the dark 
fiber so that the Administrator can review all costs associated with the 
fiber when determining whether the applicant chose the most cost-
effective bid.
    (c) Dark and lit fiber maintenance costs. (1) Both individual and 
consortium applicants may receive support for recurring maintenance 
costs associated with leases of dark or lit fiber.
    (2) Consortium applicants may receive support for upfront payments 
for maintenance costs associated with leases of dark or lit fiber, 
subject to the limitations in Sec.  54.616.
    (d) Reasonable and customary installation charges. Eligible health 
care providers may obtain support for reasonable and customary 
installation charges for eligible services, up to an undiscounted cost 
of $5,000 per eligible site.
    (e) Upfront charges for service provider deployment of new or 
upgraded facilities. (1) Participants may obtain support for upfront 
charges for service provider deployment of new or upgraded facilities to 
serve eligible sites.
    (2) Support is available to extend service provider deployment of 
facilities up to the ``demarcation point,'' which is the boundary 
between facilities owned or controlled by the service provider, and 
facilities owned or controlled by the customer.



Sec.  54.613  Eligible equipment.

    (a) Both individual and consortium applicants may receive support 
for network equipment necessary to make functional an eligible service 
supported under the Healthcare Connect Fund Program.
    (b) Consortium applicants may also receive support for network 
equipment necessary to manage, control, or maintain an eligible service 
or a dedicated health care broadband network. Support for network 
equipment is not available for networks that are not dedicated to health 
care.
    (c) Network equipment eligible for support includes the following:
    (1) Equipment that terminates a carrier's or other provider's 
transmission facility and any router/switch that is directly connected 
to either the facility or the terminating equipment. This includes 
equipment required to light dark fiber, or equipment necessary to 
connect dedicated health care broadband networks or individual health 
care providers to middle mile or backbone networks;
    (2) Computers, including servers, and related hardware (e.g., 
printers, scanners, laptops) that are used exclusively for network 
management;

[[Page 239]]

    (3) Software used for network management, maintenance, or other 
network operations, and development of software that supports network 
management, maintenance, and other network operations;
    (4) Costs of engineering, furnishing (i.e., as delivered from the 
manufacturer), and installing network equipment; and
    (5) Equipment that is a necessary part of health care provider-owned 
network facilities.
    (d) Additional limitations: Support for network equipment is limited 
to equipment:
    (1) Purchased or leased by a Consortium Leader or eligible health 
care provider; and
    (2) Used for health care purposes.



Sec.  54.614  Eligible participant-constructed and owned
network facilities for consortium applicants.

    (a) Subject to the funding limitations of this subsection and the 
following restrictions, consortium applicants may receive support for 
network facilities that will be constructed and owned by the consortium 
(if the consortium is an eligible health care provider) or eligible 
health care providers within the consortium. Subject to the funding 
limitations under Sec. Sec.  54.616 and 54.619 and the following 
restrictions, consortium applicants may receive support for network 
facilities that will be constructed and owned by the consortium (if the 
consortium is an eligible health care provider) or eligible health care 
providers within the consortium.
    (1) Consortia seeking support to construct and own network 
facilities are required to solicit bids for both:
    (i) Services provided over third-party networks; and
    (ii) Construction of participant-owned network facilities, in the 
same request for proposals. Requests for proposals must provide 
sufficient detail so that cost-effectiveness can be evaluated over the 
useful life of the proposed network facility to be constructed.
    (2) Support for participant-constructed and owned network facilities 
is only available where the consortium demonstrates that constructing 
its own network facilities is the most cost-effective option after 
competitive bidding, pursuant to Sec.  54.622(g)(1).
    (b) [Reserved]



Sec.  54.615  Off-site data centers and off-site administrative offices.

    (a) The connections and network equipment associated with off-site 
data centers and off-site administrative offices used by eligible health 
care providers for their health care purposes are eligible for support 
under the Healthcare Connect Fund Program, subject to the conditions and 
restrictions set forth in paragraph (b) in this section.
    (b) Conditions and restrictions. The following conditions and 
restrictions apply to support provided under this section.
    (1) Connections eligible for support are only those that are 
between:
    (i) Eligible health care provider sites and off-site data centers or 
off-site administrative offices;
    (ii) Two off-site data centers;
    (iii) Two off-site administrative offices;
    (iv) An off-site data center and the public internet or another 
network;
    (v) An off-site administrative office and the public internet or 
another network; or
    (vi) An off-site administrative office and an off-site data center.
    (2) The supported connections and network equipment must be used 
solely for health care purposes.
    (3) The supported connections and network equipment must be 
purchased by an eligible health care provider or a public or non-profit 
health care system that owns and operates eligible health care provider 
sites.
    (4) If traffic associated with one or more ineligible health care 
provider sites is carried by the supported connection and/or network 
equipment, the ineligible health care provider sites must allocate the 
cost of that connection and/or equipment between eligible and ineligible 
sites, consistent with the ``fair share'' principles set forth in Sec.  
54.617(d)(1).



Sec.  54.616  Upfront payments.

    (a) Upfront payments include all non-recurring costs for services, 
equipment, or facilities, other than reasonable and

[[Page 240]]

customary installation charges of up to $5,000.
    (b) The following limitations apply to all upfront payments:
    (1) Upfront payments associated with services providing a bandwidth 
of less than 1.5 Mbps (symmetrical) are not eligible for support; and
    (2) Only consortium applicants are eligible for support for upfront 
payments.
    (c) The following limitations apply if a consortium makes a request 
for support for upfront payments that exceeds, on average, $50,000 per 
eligible site in the consortium:
    (1) The support for the upfront payments must be prorated over at 
least three years; and
    (2) The upfront payments must be part of a multi-year contract.



Sec.  54.617  Ineligible expenses.

    (a) Equipment or services not directly associated with eligible 
services. Expenses associated with equipment or services that are not 
necessary to make an eligible service functional, or to manage, control, 
or maintain an eligible service or a dedicated health care broadband 
network are ineligible for support. For purposes of paragraph (a) of 
this section, examples of ineligible expenses include:
    (1) Costs associated with general computing, software, applications, 
and internet content development are not supported, including the 
following:
    (i) Computers, including servers, and related hardware (e.g., 
printers, scanners, laptops), unless used exclusively for network 
management, maintenance, or other network operations;
    (ii) End user wireless devices, such as smartphones and tablets;
    (iii) Software, unless used for network management, maintenance, or 
other network operations;
    (iv) Software development (excluding development of software that 
supports network management, maintenance, and other network operations);
    (v) Helpdesk equipment and related software, or services, unless 
used exclusively in support of eligible services or equipment;
    (vi) Web server hosting;
    (vii) website portal development;
    (viii) Video/audio/web conferencing equipment or services; and
    (ix) Continuous power source.
    (2) Costs associated with medical equipment (hardware and software), 
and other general health care provider expenses are not supported, 
including the following:
    (i) Clinical or medical equipment;
    (ii) Telemedicine equipment, applications, and software;
    (iii) Training for use of telemedicine equipment;
    (iv) Electronic medical records systems; and
    (v) Electronic records management and expenses.
    (b) Inside wiring/internal connections. Expenses associated with 
inside wiring or internal connections are ineligible for support under 
the Healthcare Connect Fund Program.
    (c) Administrative expenses. Administrative expenses are not 
eligible for support under the Healthcare Connect Fund Program. For 
purposes of paragraph (c) of this section, ineligible administrative 
expenses include, but are not limited to, the following expenses:
    (1) Personnel costs (including salaries and fringe benefits), except 
for personnel expenses in a consortium application that directly relate 
to designing, engineering, installing, constructing, and managing a 
dedicated broadband network. Ineligible costs of this category include, 
for example, personnel to perform program management and coordination, 
program administration, and marketing;
    (2) Travel costs, except for travel costs that are reasonable and 
necessary for network design or deployment and that are specifically 
identified and justified as part of a competitive bid for a construction 
project;
    (3) Legal costs;
    (4) Training, except for basic training or instruction directly 
related to and required for broadband network installation and 
associated network operations;
    (5) Program administration or technical coordination (e.g., 
preparing application materials, obtaining letters of agency, preparing 
requests for proposals, negotiating with service providers, reviewing 
bids, and working with the Administrator) that involves

[[Page 241]]

anything other than the design, engineering, operations, installation, 
or construction of the network;
    (6) Administration and marketing costs (e.g., administrative costs; 
supplies and materials, except as part of network installation/
construction; marketing studies, marketing activities, or outreach to 
potential network members; and evaluation and feedback studies);
    (7) Billing expenses (e.g., expenses that service providers may 
charge for allocating costs to each health care provider in a network);
    (8) Helpdesk expenses (e.g., equipment and related software, or 
services); and
    (9) Technical support services that provide more than basic 
maintenance.
    (d) Cost allocation for ineligible sites, services, or equipment. 
(1) Ineligible sites. Eligible health care provider sites may share 
expenses with ineligible sites, as long as the ineligible sites pay 
their fair share of the expenses. An applicant may seek support for only 
the portion of a shared eligible expense attributable to eligible health 
care provider sites. To receive support, the applicant must ensure that 
ineligible sites pay their fair share of the expense. The fair share is 
determined as follows:
    (i) If the service provider charges a separate and independent price 
for each site, an ineligible site must pay the full undiscounted price.
    (ii) If there is no separate and independent price for each site, 
the applicant must prorate the undiscounted price for the ``shared'' 
service, equipment, or facility between eligible and ineligible sites on 
a proportional fully-distributed basis. Applicants must make this cost 
allocation using a method that is based on objective criteria and 
reasonably reflects the eligible usage of the shared service, equipment, 
or facility. The applicant bears the burden of demonstrating the 
reasonableness of the allocation method chosen.
    (2) Ineligible components of a single service or piece of equipment. 
Applicants seeking support for a service or piece of equipment that 
includes an ineligible component must explicitly request in their 
requests for proposals that service providers include pricing for a 
comparable service or piece of equipment that is comprised of only 
eligible components. If the selected service provider also submits a 
price for the eligible component on a stand-alone basis, the support 
amount is calculated based on the stand-alone price of the eligible 
component. If the service provider does not offer the eligible component 
on a stand-alone basis, the full price of the entire service or piece of 
equipment must be taken into account, without regard to the value of the 
ineligible components, when determining the most cost-effective bid.
    (3) Written description. Applicants must submit a written 
description of their allocation method(s) to the Administrator with 
their funding requests.
    (4) Written agreement. If ineligible entities participate in a 
network, the allocation method must be memorialized in writing, such as 
a formal agreement among network members, a master services contract, or 
for smaller consortia, a letter signed and dated by all (or each) 
ineligible entity and the Consortium Leader.



Sec.  54.618  Data collection and reporting.

    (a) Each applicant must file an annual report with the Administrator 
on or before September 30 for the preceding funding year, with the 
information and in the form specified by the Wireline Competition 
Bureau.
    (b) Each applicant must file an annual report for each funding year 
in which it receives support from the Healthcare Connect Fund Program.
    (c) For consortia that receive large upfront payments, the reporting 
requirement extends for the life of the supported facility.

                           General Provisions



Sec.  54.619  Cap.

    (a) Amount of the annual cap. The aggregate annual cap on Federal 
universal service support for health care providers shall be $571 
million per funding year. When total demand during a filing window 
period exceeds the total remaining support available for the funding 
year, an internal cap of $150 million per funding year for upfront

[[Page 242]]

payments and multi-year commitments under the Healthcare Connect Fund 
Program shall apply.
    (1) Inflation increase. In funding year 2018 and subsequent funding 
years, the $571 million cap on federal universal support in the Rural 
Health Care Program shall be increased annually to take into account 
increases in the rate of inflation as calculated in paragraph (a)(2) in 
this section. In funding year 2020 and subsequent funding years, the 
$150 million cap on multi-year commitments and upfront payments in the 
Healthcare Connect Fund Program shall also be increased annually to take 
into account increases in the rate of inflation as calculated in 
paragraph (a)(2) in this section.
    (2) Increase calculation. To measure increases in the rate of 
inflation for the purposes of paragraph (a)(1) in this section, the 
Commission shall use the Gross Domestic Product Chain-type Price Index 
(GDP-CPI). To compute the annual increase as required by paragraph 
(a)(1) in this section, the percentage increase in the GDP-CPI from the 
previous year will be used. For instance, the annual increase in the 
GDP-CPI from 2017 to 2018 would be used for the 2018 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. This percentage 
increase shall be added to the amount of the annual Rural Health Care 
Program funding cap and the internal cap on multi-year commitments and 
upfront payments in the Healthcare Connect Fund Program from the 
previous funding year. If the yearly average GDP-CPI decreases or stays 
the same, the annual Rural Health Care Program funding cap and the 
internal cap on multi-year commitments and upfront payments in the 
Healthcare Connect Fund Program shall remain the same as the previous 
year.
    (3) Public notice. After calculating the annual Rural Health Care 
Program funding cap and the internal cap on multi-year commitments and 
upfront payments in the Healthcare Connect Fund Program based on the 
GDP-CPI, the Wireline Competition Bureau shall publish a public notice 
in the Federal Register within 60 days announcing any increase of the 
annual funding cap based on the rate of inflation.
    (4) Amount of unused funds. All unused collected funds shall be 
carried forward into subsequent funding years for use in the Rural 
Health Care Program in accordance with the public interest and 
notwithstanding the annual cap. The Administrator, on a quarterly basis, 
shall report to the Commission on unused Rural Health Care Program 
funding from prior years.
    (5) Application of unused funds. On an annual basis, in the second 
quarter of each calendar year, all unused collected funds from prior 
years shall be available for use in the next full funding year of the 
Rural Health Care Program notwithstanding the annual cap as described in 
paragraph (a) in this section. The Wireline Competition Bureau, in 
consultation with the Office of the Managing Director, shall determine 
the proportion of unused funding for use in the Rural Health Care 
Program in accordance with the public interest to either satisfy demand 
notwithstanding the annual cap, reduce collections for the Rural Health 
Care Program, or to hold in reserve to address contingencies for 
subsequent funding years. The Wireline Competition Bureau shall direct 
the Administrator to carry out the necessary actions for the use of 
available funds consistent with the direction specified in this section.
    (b) [Reserved]

[84 FR 54979, Oct. 11, 2019, as amended at 88 FR 17396, Mar. 23, 2023]



Sec.  54.620  Annual filing requirements and commitments.

    (a) Annual filing requirement. Health care providers seeking support 
under the RHC Program shall file new funding requests for each funding 
year consistent with the filing periods established under this subpart, 
except for health care providers who have received a multi-year funding 
commitment in this section.
    (b) Long-term contracts. If health care providers enter into long-
term contracts for eligible services, the Administrator shall only 
commit funds to cover the portion of such a long-term contract scheduled 
to be delivered during the funding year for which universal service 
support is sought, except

[[Page 243]]

for multi-year funding commitments as described in this section.
    (c) Multi-year commitments under the Healthcare Connect Fund 
Program. Participants in the Healthcare Connect Fund Program are 
permitted to enter into multi-year contracts for eligible expenses and 
may receive funding commitments from the Administrator for a period that 
covers up to three years of funding. If a long-term contract covers a 
period of more than three years, the applicant may also have the 
contract designated as ``evergreen'' under Sec.  54.622(i)(3), which 
will allow the applicant to re-apply for funding under the contract 
after three years without having to undergo additional competitive 
bidding.



Sec.  54.621  Filing window for requests and prioritization of support.

    (a) Filing window for requests. (1) The Administrator shall open an 
initial application filing window with an end date no later than 90 days 
prior to the start of the funding year (i.e., no later than April 1). 
Prior to announcing the initial opening and closing dates, the 
Administrator shall seek the approval of the proposed dates from the 
Chief of the Wireline Competition Bureau.
    (2) The Administrator, after consultation with the Wireline 
Competition Bureau, may implement such additional filing periods as it 
deems necessary. To the extent that the Administrator opens an 
additional filing period, it shall provide notice and include in that 
notice or soon thereafter the amount of remaining available funding.
    (3) The Administrator shall treat all health care providers filing 
an application within a filing window period as if their applications 
were simultaneously received. All funding requests submitted outside of 
a filing window will not be accepted unless and until the Administrator 
opens another filing window.
    (b) Prioritization of support. The Administrator shall act in 
accordance with this section when a filing window period for the 
Telecommunications Program and the Healthcare Connect Fund Program, as 
described in paragraph (a) of this section, is in effect. When a filing 
period described in paragraph (a) of this section closes, the 
Administrator shall calculate the total demand for Telecommunications 
Program and Healthcare Connect Fund Program support submitted by all 
applicants during the filing window period.
    (1) Circumstances in which prioritization applies. If the total 
demand during the filing window period exceeds the total remaining 
support available for the funding year, prioritization will apply in the 
following circumstances:
    (i) Internal cap. If the internal cap is exceeded, the Administrator 
shall determine whether demand for upfront payments and the first year 
of multi-year commitments exceeds the internal cap. If such demand 
exceeds the internal cap, the Administrator shall not fund the second 
and third year of multi-year commitment requests and then apply the 
prioritization schedule in paragraph (b)(2) of this section to all 
eligible requests for upfront payments and the first-year of multi-year 
commitments to limit the demand for upfront payments and the first year 
of multi-year commitments within the internal cap. If demand for upfront 
payments and the first year of multi-year commitments does not exceed 
the internal cap, the Administrator shall apply the prioritization 
schedule in paragraph (b)(2) of this section to the second and third 
year of all eligible requests for multi-year commitments until the 
internal cap is reached, to ensure that the internal cap is not 
exceeded.
    (ii) Overall cap. If the internal cap is not exceeded or if, after 
demand for upfront payments and multi-year commitments is limited within 
the internal cap in paragraph (b)(1)(i) of this section, the total 
remaining demand still exceeds the total remaining support available for 
the funding year, the Administrator shall apply the prioritization 
schedule in paragraph (b)(2) of this section to all remaining eligible 
funding requests.
    (2) Application of prioritization schedule. When prioritization is 
necessary under paragraph (b)(1) of this section, the Administrator 
shall fully fund all applicable eligible requests falling under the 
first prioritization category

[[Page 244]]

of table 1 to this paragraph (b)(2) before funding requests in the next 
lower prioritization category. The Administrator shall continue to 
process all applicable requests by prioritization category until there 
are no applicable funds remaining. If there is insufficient funding to 
fully fund all requests in a particular prioritization category, then 
the Administrator will pro-rate the applicable remaining funding among 
all applicable eligible requests in that prioritization category only 
pursuant to the proration process described in paragraph (b)(3) of this 
section.

                              Table 1 to Paragraph (b)(2)--Prioritization Schedule
----------------------------------------------------------------------------------------------------------------
                                                        In a medically  underserved
       Health care provider site is located in:         area/  population  (MUA/P)           Not in MUA/P
----------------------------------------------------------------------------------------------------------------
Extremely Rural Tier (areas entirely outside of a      Priority 1..................  Priority 4.
 Core Based Statistical Area).
Rural Tier (areas within a Core Based Statistical      Priority 2..................  Priority 5.
 Area that does not have an urban area or urban
 cluster with a population equal to or greater than
 25,000).
Less Rural Tier (areas within a Core Based             Priority 3..................  Priority 6.
 Statistical Area with an urban area or urban cluster
 with a population equal to or greater than 25,000,
 but where the census tract does not contain any part
 of an urban area or urban cluster with population
 equal to or greater than 25,000).
Non-Rural Tier (all other non-rural areas)...........  Priority 7..................  Priority 8.
----------------------------------------------------------------------------------------------------------------

    (3) Pro-rata reductions. When proration is necessary under paragraph 
(b)(2) of this section, the Administrator shall take the following 
steps:
    (i) The Administrator shall divide the total applicable remaining 
funds available for the funding year by the applicable demand within the 
specific prioritization category to produce a pro-rata factor; and
    (ii) The Administrator shall multiply the pro-rata factor by the 
dollar amount of each applicable funding request in the prioritization 
category to obtain prorated support for each funding request.
    (4) Evergreen designations. The Administrator shall designate the 
underlying contracts associated with any multi-year commitment requests 
that are not fully funded as a result of the prioritization process in 
this section as ``evergreen'' provided that those contracts meet the 
requirements under Sec.  54.622(i)(3)(ii).

[84 FR 54979, Oct. 11, 2019, as amended at 88 FR 17396, Mar. 23, 2023]



Sec.  54.622  Competitive bidding requirements and exemptions.

    (a) Competitive bidding requirement. All applicants are required to 
engage in a competitive bidding process for supported services, 
facilities, or equipment, as applicable, consistent with the 
requirements set forth in this section and any additional applicable 
state, Tribal, local, or other procurement requirements, unless they 
qualify for an exemption listed in paragraph (i) in this section. In 
addition, applicants may engage in competitive bidding even if they 
qualify for an exemption. Applicants who utilize a competitive bidding 
exemption may proceed directly to filing a funding request as described 
in Sec.  54.623.
    (b) Fair and open process. (1) Applicants participating in the 
Telecommunications Program or Healthcare Connect Fund Program must 
conduct a fair and open competitive bidding process. The following 
actions are necessary to satisfy the ``fair and open'' competitive 
standard in the Telecommunications Program and the Healthcare Connect 
Fund Program:
    (i) All potential bidders and service providers must have access to 
the same information and must be treated in the same manner throughout 
the procurement process.
    (ii) Service providers who intend to bid on supported services many 
not simultaneously help the applicant complete its request for proposal 
(RFP) or Request for Services form.
    (iii) Service providers who have submitted a bid to provide 
supported services, equipment, or facilities to a health care provider 
may not simultaneously help the health care provider

[[Page 245]]

evaluate submitted bids or choose a winning bid.
    (iv) Applicants must respond to all service providers that have 
submitted questions or proposals during the competitive bidding process.
    (v) All applicants and service providers must comply with any 
applicable state, Tribal, or local procurement laws, in addition to the 
Commission's competitive bidding requirements. The competitive bidding 
requirements in this section are not intended to preempt such state, 
Tribal, or local requirements.
    (c) Selecting a cost-effective service. In selecting a provider of 
eligible services, the applicant shall carefully consider all bids 
submitted and must select the most cost-effective means of meeting its 
specific health care needs. ``Cost-effective'' is defined as the method 
that costs the least after consideration of the features, quality of 
transmission, reliability, and other factors that the health care 
provider deems relevant to choosing a method of providing the required 
health care services. In the Healthcare Connect Fund Program, when 
choosing the most ``cost-effective'' bid, price must be a primary 
factor, but need not be the only primary factor. A non-price factor may 
receive an equal weight to price, but may not receive a greater weight 
than price.
    (d) Bid evaluation criteria. Applicants must develop weighted 
evaluation criteria (e.g., a scoring matrix) that demonstrates how the 
applicant will choose the most cost-effective bid before submitting its 
request for services. The applicant must specify on its bid evaluation 
worksheet and/or scoring matrix the requested services for which it 
seeks bids, the information provided to bidders to allow bidders to 
reasonably determine the needs of the applicant, its minimum 
requirements for the developed weighted evaluation criteria, and each 
service provider's proposed service levels for the criteria. The 
applicant must also specify the disqualification factors, if any, that 
it will use to remove bids or bidders from further consideration. After 
reviewing the bid submissions and identifying the bids that satisfy the 
applicant's specific needs, the applicant must then select the service 
provider that offers the most cost-effective service.
    (e) Request for Services. Applicants must submit the following 
documents to the Administrator in order to initiate competitive bidding:
    (1) Request for Services, including certifications. The applicant 
must submit a Request for Services and make the following certifications 
as part of its Request for Services:
    (i) The health care provider seeking supported services is a public 
or nonprofit entity that falls within one of the categories set forth in 
the definition of health care provider, listed in Sec.  54.600;
    (ii) The health care provider seeking supported services is 
physically located in a rural area as defined in Sec.  54.600, or is a 
member of a Healthcare Connect Fund Program consortium which satisfies 
the rural health care provider composition requirements set forth in 
Sec.  54.607(b);
    (iii) The person signing the application is authorized to submit the 
application on behalf of the health care provider or consortium 
applicant;
    (iv) The person signing the application has examined the Request for 
Services and all attachments, and to the best of his or her knowledge, 
information, and belief, all statements contained in the request are 
true;
    (v) The applicant has complied with any applicable state, Tribal, or 
local procurement rules;
    (vi) All requested Rural Health Care Program support will be used 
solely for purposes reasonably related to the provision of health care 
service or instruction that the health care provider is legally 
authorized to provide under the law of the state in which the services 
are provided;
    (vii) The supported services will not be sold, resold, or 
transferred in consideration for money or any other thing of value;
    (viii) The applicant satisfies all of the requirements under section 
254 of the Act and applicable Commission rules; and
    (ix) The applicant has reviewed all applicable requirements for the 
Telecommunications Program or the Healthcare Connect Fund Program, as

[[Page 246]]

applicable, and will comply with those requirements.
    (2) Aggregated purchase details. If the service or services are 
being purchased as part of an aggregated purchase with other entities or 
individuals, the full details of any such arrangement, including the 
identities of all co-purchasers and the portion of the service or 
services being purchased by the health care provider, must be submitted.
    (3) Bid evaluation criteria. Requirements for bid evaluation 
criteria are described in paragraph (d) in this section and must be 
included with the applicant's Request for Services.
    (4) Declaration of Assistance. All applicants must submit a 
``Declaration of Assistance'' with their Request for Services. In the 
Declaration of Assistance, the applicant must identify each and every 
consultant, service provider, and other outside expert, whether paid or 
unpaid, who aided in the preparation of its applications. The applicant 
must also describe the nature of the relationship it has with each 
consultant, service provider, or other outside expert providing such 
assistance.
    (5) Request for proposal (if applicable). (i) Any applicant may use 
an RFP. Applicants who use an RFP must submit the RFP and any additional 
relevant bidding information to the Administrator with its Request for 
Services.
    (ii) An applicant must submit an RFP:
    (A) If it is required to issue an RFP under applicable State, 
Tribal, or local procurement rules or regulations;
    (B) If the applicant is a consortium seeking more than $100,000 in 
program support during the funding year, including applications that 
seek more than $100,000 in program support for a multi-year commitment; 
or
    (C) If the applicant is a consortium seeking support for 
participant-constructed and owned network facilities.
    (iii) RFP requirements.
    (A) An RFP must provide sufficient information to enable an 
effective competitive bidding process, including describing the health 
care provider's service needs and defining the scope of the project and 
network costs (if applicable).
    (B) An RFP must specify the time period during which bids will be 
accepted.
    (C) An RFP must include the bid evaluation criteria described in 
paragraph (d) in this section, and solicit sufficient information so 
that the criteria can be applied effectively.
    (D) Consortium applicants seeking support for long-term capital 
investments whose useful life extends beyond the time period of the 
funding commitment (e.g., facilities constructed and owned by the 
applicant, fiber indefeasible rights of use) must seek bids in the same 
RFP from service providers who propose to meet those needs via services 
provided over service provider-owned facilities, for a time period 
comparable to the life of the proposed capital investment.
    (E) Applicants may prepare RFPs in any manner that complies with the 
rules in this subpart and any applicable state, Tribal, or local 
procurement rules or regulations.
    (6) Additional requirements for Healthcare Connect Fund Program 
consortium applicants.
    (i) Network plan. Consortium applicants must submit a narrative 
describing specific elements of their network plan with their Request 
for Services. Consortia applicants are required to use program support 
for the purposes described in their narrative. The required elements of 
the narrative include:
    (A) Goals and objectives of the network;
    (B) Strategy for aggregating the specific needs of health care 
providers (including providers that serve rural areas) within a state or 
region;
    (C) Strategy for leveraging existing technology to adopt the most 
efficient and cost-effective means of connecting those providers;
    (D) How the supported network will be used to improve or provide 
health care delivery;
    (E) Any previous experience in developing and managing health 
information technology (including telemedicine) programs; and
    (F) A project management plan outlining the project's leadership and 
management structure, and a work plan, schedule, and budget.

[[Page 247]]

    (ii) Letters of agency (LOA). Consortium applicants must submit LOAs 
pursuant to Sec.  54.610.
    (f) Public posting by the Administrator. The Administrator shall 
post on its website the following competitive bidding documents, as 
applicable:
    (1) Request for Services;
    (2) Bid evaluation criteria;
    (3) RFP; and
    (4) Network plans for Healthcare Connect Fund Program applicants.
    (g) 28-day waiting period. After posting the documents described in 
paragraph (f) in this section, as applicable, on its website, the 
Administrator shall send confirmation of the posting to the applicant. 
The applicant shall wait at least 28 days from the date on which its 
competitive bidding documents are posted on the Administrator's website 
before selecting and committing to a service provider. The confirmation 
from the Administrator shall include the date after which the applicant 
may sign a contract with its chosen service provider(s).
    (1) Selection of the most ``cost-effective'' bid and contract 
negotiation. Each applicant is required to certify to the Administrator 
that the selected bid is, to the best of the applicant's knowledge, the 
most cost-effective option available. Applicants are required to submit 
the documentation, identified in Sec.  54.623, to support their 
certifications.
    (2) Applicants who plan to request evergreen status under this 
section must enter into a contract that identifies both parties, is 
signed and dated by the health care provider or Consortium Leader after 
the 28-day waiting period expires, and specifies the type, term, and 
cost of service(s).
    (h) Gift restrictions. (1) Subject to paragraphs (h)(3) and (4) in 
this section, an eligible health care provider or consortium that 
includes eligible health care providers, 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 Rural Health Care 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 in this section. 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 individual or entity 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 (h)(2)(ii) in this section.
    (2) For purposes of this paragraph:
    (i) The terms ``health care provider'' or ``consortium'' shall 
include all individuals who are on the governing boards of such entities 
and all employees, officers, representatives, agents, consultants, or 
independent contractors of such entities involved on behalf of such 
health care provider or consortium with the Rural Health Care Program, 
including individuals who prepare, approve, sign, or submit Rural Health 
Care Program applications, or other forms related to the Rural Health 
Care Program, or who prepare bids, communicate, or work with Rural 
Health Care Program service providers, consultants, or with the 
Administrator, as well as any staff of such entities responsible for 
monitoring compliance with the Rural Health Care 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, 
consultants, 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 health care provider or 
consortium that includes eligible health care providers, 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

[[Page 248]]

business relationship with any such eligible health care provider; 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 health care provider or consortium that includes eligible 
health care providers in the support of its programs as long as such 
contributions are not directly or indirectly related to the Rural Health 
Care Program procurement activities or decisions and are not given by 
service providers to circumvent competitive bidding and other Rural 
Health Care Program rules, including those in Sec.  54.611(a), requiring 
health care providers under the Healthcare Connect Fund Program to 
contribute 35 percent of the total cost of all eligible expenses.
    (i) Exemptions to the competitive bidding requirements--(1) 
Government Master Service Agreement (MSA). Eligible health care 
providers that seek support for services and equipment purchased from 
MSAs negotiated by federal, state, Tribal, or local government entities 
on behalf of such health care providers and others, if such MSAs were 
awarded pursuant to applicable federal, state, Tribal, or local 
competitive bidding requirements, are exempt from the competitive 
bidding requirements under this section.
    (2) Master Service Agreements approved under the Rural Health Care 
Pilot Program or Healthcare Connect Fund Program. An eligible health 
care provider site may opt into an existing MSA approved under the Rural 
Health Care Pilot Program or Healthcare Connect Fund Program and seek 
support for services and equipment purchased from the MSA without 
triggering the competitive bidding requirements under this section, if 
the MSA was developed and negotiated in response to an RFP that 
specifically solicited proposals that included a mechanism for adding 
additional sites to the MSA.
    (3) Evergreen contracts. (i) The Administrator may designate a 
multi-year contract as ``evergreen,'' which means that the service(s) 
covered by the contract need not be re-bid during the contract term.
    (ii) A contract entered into by a health care provider or consortium 
as a result of competitive bidding may be designated as evergreen if it 
meets all of the following requirements:
    (A) Is signed by the individual health care provider or consortium 
lead entity;
    (B) Specifies the service type, bandwidth, and quantity;
    (C) Specifies the term of the contract;
    (D) Specifies the cost of services to be provided; and
    (E) Includes the physical location or other identifying information 
of the health care provider sites purchasing from the contract.
    (iii) Participants may exercise voluntary options to extend an 
evergreen contract without undergoing additional competitive bidding if:
    (A) The voluntary extension(s) is memorialized in the evergreen 
contract;
    (B) The decision to extend the contract occurs before the 
participant files its funding request for the funding year when the 
contract would otherwise expire; and
    (C) The voluntary extension(s) do not exceed five years in the 
aggregate.
    (4) Schools and libraries program master contracts. Subject to the 
provisions in Sec.  54.500, Sec.  54.501(c)(1), and Sec.  54.503, an 
eligible health care provider in a consortium with participants in the 
schools and libraries universal service support program and a party to 
the consortium's existing contract is exempt from the competitive 
bidding requirements if the contract was approved in the schools and 
libraries universal service support program as a master contract. The 
health care provider must comply with all Rural Health Care Program 
rules and procedures except for those applicable to competitive bidding.
    (5) Annual undiscounted cost of $10,000 or less. An applicant under 
the Healthcare Connect Fund Program that seeks support for $10,000 or 
less of total undiscounted eligible expenses for a single year is exempt 
from the competitive bidding requirements under this section, if the 
term of the contract is one year or less. This exemption does not apply 
to applicants

[[Page 249]]

under the Telecommunications Program.

[84 FR 54979, Oct. 11, 2019, as amended at 88 FR 17396, Mar. 23, 2023]



Sec.  54.623  Funding requests.

    (a) Once a service provider is selected, applicants must submit a 
Request for Funding (and supporting documentation) to provide 
information about the services, equipment, or facilities selected; 
rates, service provider(s); and date(s) of service provider selection, 
as applicable.
    (1) Certifications. The applicant must provide the following 
certifications as part of its Request for Funding:
    (i) The person signing the application is authorized to submit the 
application on behalf of the health care provider or consortium.
    (ii) The applicant has examined the form and all attachments, and to 
the best of his or her knowledge, information, and belief, all 
statements of fact contained in this section are true.
    (iii) The health care provider or consortium has considered all bids 
received and selected the most cost-effective method of providing the 
requested services.
    (iv) All Rural Health Care Program support will be used only for 
eligible health care purposes.
    (v) The health care provider or consortium is not requesting support 
for the same service from both the Telecommunications Program and the 
Healthcare Connect Fund Program.
    (vi) The health care provider or consortium and/or its consultant, 
if applicable, has not solicited or accepted a gift or any other thing 
of value from a service provider participating in or seeking to 
participate in the Rural Health Care Program.
    (vii) The applicant satisfies all of the requirements under section 
254 of the Act and applicable Commission rules and understands that any 
letter from the Administrator that erroneously commits funds for the 
benefit of the applicant may be subject to rescission.
    (viii) The applicant has reviewed all applicable rules and 
requirements for the Rural Health Care Program and will comply with 
those rules and requirements.
    (ix) The applicant will retain all documentation associated with the 
applications, including all bids, contracts, scoring matrices, and other 
information associated with the competitive bidding process, and all 
billing records for services received, for a period of at least five 
years.
    (x) The consultants or third parties hired by the applicant do not 
have an ownership interest, sales commission arrangement, or other 
financial stake in the service provider chosen to provide the requested 
services, and that they have otherwise complied with the Rural Health 
Care Program rules, including the Commission's rules requiring a fair 
and open competitive bidding process.
    (xi) Additional certification for the Telecom Program. Telecom 
Program applicants must certify that the rural rate on their Request for 
Funding does not exceed the appropriate rural rate determined by the 
Administrator.
    (2) Contracts or other documentation. All applicants must submit a 
contract or other documentation, as applicable, that clearly identifies 
the service provider(s) selected and the health care provider(s) who 
will receive the services; costs for which support is being requested; 
and the term of the service agreement(s) if applicable (i.e., if 
services are not being provided on a month-to-month basis). For services 
provided under contract, the applicant must submit a copy of the 
contract signed and dated (after the Allowable Contract Selection Date) 
by the individual health care provider or Consortium Leader. If the 
services are not being provided under contract, the applicant must 
submit a bill, service offer, letter, or similar document from the 
service provider that provides the required information.
    (3) Competitive bidding documents. Applicants must submit 
documentation to support their certifications that they have selected 
the most cost-effective option, including a copy of each bid received 
(winning, losing, and disqualified), the bid evaluation criteria, and 
the following documents (as applicable): Completed bid evaluation 
worksheets or matrices; explanation for any disqualified bids; a list of 
people who evaluated bids (along with their title/

[[Page 250]]

role/relationship to the applicant organization); memos, board minutes, 
or similar documents related to the service provider selection/award; 
copies of notices to winners; and any correspondence with service 
providers prior to and during the bidding, evaluation, and award phase 
of the process. Applicants who claim a competitive bidding exemption 
must submit relevant documentation to allow the Administrator to verify 
that the applicant is eligible for the claimed exemption.
    (4) Cost allocation for ineligible entities or components. Where 
applicable, applicants must submit a description of how costs will be 
allocated for ineligible entities or components, as well as any 
agreements that memorialize such arrangements with ineligible entities.
    (5) Additional documentation for Healthcare Connect Fund Program 
consortium applicants. A consortium applicant must also submit the 
following:
    (i) Any revisions to the network plan submitted with the Request for 
Services pursuant to Sec.  54.622, as necessary. If not previously 
submitted, the consortium should provide a narrative description of how 
the network will be managed, including all administrative aspects of the 
network, including, but not limited to, invoicing, contractual matters, 
and network operations. If the consortium is required to provide a 
sustainability plan as set forth in the following, the revised budget 
should include the budgetary factors discussed in the sustainability 
plan requirements.
    (ii) A list of each participating health care provider and all of 
their relevant information, including eligible (and ineligible, if 
applicable) cost information.
    (iii) Evidence of a viable source for the undiscounted portion of 
supported costs.
    (iv) Sustainability plans for applicants requesting support for 
long-term capital expenses: Consortia that seek funding to construct and 
own their own facilities or obtain indefeasible right of use or capital 
lease interests are required to submit a sustainability plan with their 
funding requests demonstrating how they intend to maintain and operate 
the facilities that are supported over the relevant time period. 
Applicants may include by reference other portions of their applications 
(e.g., project management plan, budget). The sustainability plan must, 
at a minimum, address the following points:
    (A) Projected sustainability period. Indicate the sustainability 
period, which at a minimum is equal to the useful life of the funded 
facility. The consortium's budget must show projected income and 
expenses (i.e., for maintenance) for the project at the aggregate level, 
for the sustainability period.
    (B) Principal factors. Discuss each of the principal factors that 
were considered by the participant to demonstrate sustainability. This 
discussion must include all factors that show that the proposed network 
will be sustainable for the entire sustainability period. Any factor 
that will have a monetary impact on the network must be reflected in the 
applicant's budget.
    (C) Terms of membership in the network. Describe generally any 
agreements made (or to be entered into) by network members (e.g., 
participation agreements, memoranda of understanding, usage agreements, 
or other similar agreements). The sustainability plan must also 
describe, as applicable:
    (1) Financial and time commitments made by proposed members of the 
network;
    (2) If the project includes excess bandwidth for growth of the 
network, describe how such excess bandwidth will be financed; and
    (3) If the network will include ineligible health care providers and 
other network members, describe how fees for joining and using the 
network will be assessed.
    (D) Ownership structure. Explain who will own each material element 
of the network (e.g., fiber constructed, network equipment, end user 
equipment). For purposes of this subsection, ``ownership'' includes an 
indefeasible right of use interest. Applicants must clearly identify the 
legal entity that will own each material element. Applicants must also 
describe any arrangements made to ensure continued use of such elements 
by the network members for

[[Page 251]]

the duration of the sustainability period.
    (E) Sources of future support. Describe other sources of future 
funding, including fees to be paid by eligible health care providers 
and/or non-eligible entities.
    (F) Management. Describe the management structure of the network for 
the duration of the sustainability period. The applicant's budget must 
describe how management costs will be funded.
    (v) Material change to sustainability plan. A consortium that is 
required to file a sustainability plan must maintain its accuracy. If 
there is a material change to a required sustainability plan that would 
impact projected income or expenses by more than 20 percent or $100,000 
from the previous submission, or if the applicant submits a funding 
request based on a new Request for Funding (i.e., a new competitively 
bid contract), the consortium is required to re-file its sustainability 
plan. In the event of a material change, the applicant must provide the 
Administrator with the revised sustainability plan no later than the end 
of the relevant quarter, clearly showing (i.e., by redlining or 
highlighting) what has changed.



Sec.  54.624  Site and service substitutions.

    (a) Health care providers or Consortium Leaders may request a site 
or service substitution if:
    (1) The substitution is provided for in the contract, within the 
change clause, or constitutes a minor modification;
    (2) The site is an eligible health care provider and the service is 
an eligible service under the Telecommunications Program or the 
Healthcare Connect Fund Program;
    (3) The substitution does not violate any contract provision or 
state, Tribal, or local procurement laws; and
    (4) The requested change is within the scope of the controlling 
Request for Services, including any applicable RFP used in the 
competitive bidding process.
    (b) Filing deadline. An applicant must file their request for a site 
or service change to the Administrator no later than the service 
delivery deadline as defined in Sec.  54.626.

    Effective Date Note: At 84 FR 54979, Oct. 11, 2019, Sec.  54.624 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.  54.625  Service Provider Identification Number (SPIN) changes.

    (a) Corrective SPIN change. A ``corrective SPIN change'' is any 
amendment to the SPIN associated with a Funding Request Number that does 
not involve a change to the service provider associated with that 
Funding Request Number. An applicant under the Telecommunications 
Program or the Healthcare Connect Fund Program may file a request for a 
corrective SPIN change with the Administrator to:
    (1) Correct ministerial errors;
    (2) Update the service provider's SPIN that resulted from a merger 
or acquisition of companies; or
    (3) Effectuate a change to the SPIN that does not involve a change 
to the service provider of a funding request and was not initiated by 
the applicant.
    (b) Operational SPIN Change. An ``operational SPIN change'' is any 
change to the service provider associated with a Funding Request Number. 
An applicant under the Telecommunications Program or the Healthcare 
Connect Fund Program may file a request for an operational SPIN change 
with the Administrator if:
    (1) The applicant has a legitimate reason to change providers (e.g., 
breach of contract or the service provider is unable to perform); and
    (2) The applicant's newly selected service provider received the 
next highest point value in the original bid evaluation, assuming there 
were multiple bidders.
    (c) Filing deadline. An applicant must file their request for a 
corrective or operational SPIN change with the Administrator no later 
than the service delivery deadline as defined by Sec.  54.626.



Sec.  54.626  Service delivery deadline and extension requests.

    (a) Service delivery deadline. Except as provided in the following, 
applicants

[[Page 252]]

must use all recurring and non-recurring services for which 
Telecommunications Program and Healthcare Connect Fund Program funding 
has been approved by June 30 of the funding year for which the program 
support was sought. The Administrator will deem ineligible for 
Telecommunications Program and Healthcare Connect Fund Program support 
all charges incurred for services delivered before or after the close of 
the funding year.
    (b) Deadline extension for non-recurring services. An applicant may 
request and receive from the Administrator a one-year extension of the 
implementation deadline for non-recurring services if it satisfies one 
of the following criteria:
    (1) Applicants whose funding commitment letters are issued by the 
Administrator on or after March 1 of the funding year for which 
discounts are authorized;
    (2) Applicants that receive service provider change authorizations 
or site and service authorizations from the Administrator on or after 
March 1 of the funding year for which discounts are authorized;

    Note 1 to paragraphs (b)(1) and (b)(2): The Administrator shall 
automatically extend the service delivery deadline for applicants who 
satisfy paragraphs (b)(1) or (2) in this section. When calculating the 
extended deadline, March 1 is the key date for determining whether to 
extend the service delivery deadline. If one of the conditions listed in 
paragraph (b) in this section is satisfied before March 1 (of any year), 
the deadline will not be extended and the applicant will have until June 
30 of that calendar year to complete implementation. If one of the 
conditions under paragraph (b)(1) through (2) in this section is 
satisfied on or after March 1 the calendar year, the applicant will have 
until June 30 of the following calendar year to complete implementation.

    (3) Applicants whose service providers are unable to complete 
implementation for reasons beyond the service provider's control; or

    Note 1 to paragraph (b)(3): An applicant seeking a one-year 
extension must affirmatively request an extension on or before the June 
30 deadline for paragraph (b)(3) in this section. The Administrator will 
address any situations arising under paragraph (b)(3) in this section on 
a case-by-case basis. Applicants must submit documentation to the 
Administrator requesting relief pursuant to paragraph (b)(3) in this 
section on or before June 30 of the relevant funding year. That 
documentation must include, at a minimum, an explanation regarding the 
circumstances that make it impossible for installation to be completed 
by June 30 and a certification by the applicant that, to the best of 
their knowledge, the request is truthful.

    (4) Applicants whose service providers are unwilling to complete 
delivery and installation because the applicant's funding request is 
under review by the Administrator for program compliance.

    Note 1 to Paragraph (b)(4): An applicant seeking a one-year 
extension must affirmatively request an extension on or before the June 
30 deadline for paragraph (b)(4) in this section. Applicants seeking an 
extension under paragraph (b)(4) in this section must certify to the 
Administrator that their service provider was unwilling to deliver or 
install the non-recurring services before the end of the funding year. 
Applicants must make this certification on or before June 30 of the 
relevant funding year. The revised implementation date will be 
calculated based on the date the Administrator issues a funding 
commitment.



Sec.  54.627  Invoicing process and certifications.

    (a) Invoice filing deadline. Invoices must be submitted to the 
Administrator within 120 days after the later of:
    (1) The service delivery deadline, as defined in Sec.  54.626; or
    (2) The date of a revised funding commitment letter issued pursuant 
to an approved post-commitment request made by the applicant or service 
provider or a successful appeal of a previously denied or reduced 
funding request. Before the Administrator may process and pay an 
invoice, it must receive a completed invoice from the service provider.
    (b) Invoice deadline extension. Service providers or billed entities 
may request a one-time extension of the invoicing deadline by no later 
than the deadline calculated pursuant to paragraph (a) in this section. 
The Administrator shall grant a 120-day extension of the invoice filing 
deadline, if it is timely requested.
    (c) Telecommunications Program.
    (1) Certifications. Before the Administrator may process and pay an 
invoice, both the health care provider and the

[[Page 253]]

service provider must make the following certifications.
    (i) The health care provider must certify that:
    (A) The service has been or is being provided to the health care 
provider;
    (B) The universal service credit will be applied to the 
telecommunications service billing account of the health care provider 
or the billed entity as directed by the health care provider;
    (C) It is authorized to submit this request on behalf of the health 
care provider;
    (D) It has examined the invoice and supporting documentation and 
that to the best of its knowledge, information and belief, all 
statements of fact contained in the invoice and supporting documentation 
are true;
    (E) It or the consortium it represents satisfies all of the 
requirements and will abide by all of the relevant requirements, 
including all applicable Commission rules, with respect to universal 
service benefits provided under 47 U.S.C. 254; and
    (F) It understands that any letter from the Administrator that 
erroneously states that funds will be made available for the benefit of 
the applicant may be subject to rescission.
    (ii) The service provider must certify that:
    (A) The information contained in the invoice is correct and the 
health care providers and the Billed Account Numbers have been credited 
with the amounts shown under ``Support Amount to be Paid by USAC;''
    (B) It has abided by all of the relevant requirements, including all 
applicable Commission rules;
    (C) It has received and reviewed the HSS, invoice form and 
accompanying documentation, and that the rates charged for the 
telecommunications services, to the best of its knowledge, information 
and belief, are accurate and comply with the Commission's rules;
    (D) It is authorized to submit the invoice;
    (E) The health care provider paid the appropriate urban rate for the 
telecommunications services;
    (F) The rural rate on the invoice does not exceed the appropriate 
rural rate determined by the Administrator;
    (G) It has charged the health care provider for only eligible 
services prior to submitting the invoice for payment and accompanying 
documentation;
    (H) It has not offered or provided a gift or any other thing of 
value to the applicant (or to the applicant's personnel, including its 
consultant) for which it will provide services; and
    (I) The consultants or third parties it has hired do not have an 
ownership interest, sales commission arrangement, or other financial 
stake in the service provider chosen to provide the requested services, 
and that they have otherwise complied with Rural Health Care Program 
rules, including the Commission's rules requiring fair and open 
competitive bidding.
    (J) As a condition of receiving support, it will provide to the 
health care providers, on a timely basis, all documents regarding 
supported equipment or services that are necessary for the health care 
provider to submit required forms or respond to Commission or 
Administrator inquiries.
    (2) [Reserved]
    (d) Healthcare Connect Fund Program. (1) Certifications. Before the 
Administrator may process and pay an invoice, the Consortium Leader (or 
health care provider, if participating individually) and the service 
provider must make the following certifications:
    (i) The Consortium Leader or health care provider must certify that:
    (A) It is authorized to submit this request on behalf of the health 
care provider or consortium;
    (B) It has examined the invoice form and attachments and, to the 
best of its knowledge, information, and belief, all information 
contained on the invoice form and attachments are true and correct;
    (C) The health care provider or consortium members have received the 
related services, network equipment, and/or facilities itemized on the 
invoice form; and
    (D) The required 35 percent minimum contribution for each item on 
the invoice form was funded by eligible sources as defined in the 
Commission's rules and that the required contribution was remitted to 
the service provider.

[[Page 254]]

    (ii) The service provider must certify that:
    (A) It has been authorized to submit this request on behalf of the 
service provider;
    (B) It has applied the amount submitted, approved, and paid by the 
Administrator to the billing account of the health care provider(s) and 
Funding Request Number (FRN)/FRN ID listed on the invoice;
    (C) It has examined the invoice form and attachments and that, to 
the best of its knowledge, information, and belief, the date, 
quantities, and costs provided in the invoice form and attachments are 
true and correct;
    (D) It has abided by all program requirements, including all 
applicable Commission rules and orders;
    (E) It has charged the health care provider for only eligible 
services prior to submitting the invoice form and accompanying 
documentation;
    (F) It has not offered or provided a gift or any other thing of 
value to the applicant (or to the applicant's personnel, including its 
consultant) for which it will provide services;
    (G) The consultants or third parties it has hired do not have an 
ownership interest, sales commission arrangement, or other financial 
stake in the service provider chosen to provide the requested services, 
and that they have otherwise complied with Rural Health Care Program 
rules, including the Commission's rules requiring fair and open 
competitive bidding; and
    (H) As a condition of receiving support, it will provide to the 
health care providers, on a timely basis, all documents regarding 
supported equipment, facilities, or services that are necessary for the 
health care provider to submit required forms or respond to Commission 
or Administrator inquiries.

[84 FR 54979, Oct. 11, 2019, as amended at 88 FR 17397, Mar. 23, 2023]

    Effective Date Note: At 87 FR 17397, Mar. 23, 20233, Sec.  54.627 
was amended by revising newly redesignated paragraph (c)(1)(i)(D), this 
amendment has been delayed indefinitely. For the convenience of the 
user, the revised text is set forth as follows:



Sec.  54.627  Invoicing process and certifications.

                                * * * * *

    (c) * * *
    (1) * * *
    (i) * * *
    (D) It has examined the invoice form and supporting documentation 
and that to the best of its knowledge, information and belief, all 
statements of fact contained in the invoice form and supporting 
documentation are true;



Sec.  54.628  Duplicate support.

    (a) Eligible health care providers that seek support under the 
Healthcare Connect Fund Program for telecommunications services may not 
also request support from the Telecommunications Program for the same 
services.
    (b) Eligible health care providers that seek support under the 
Telecommunications Program or the Healthcare Connect Fund Program may 
not also request support from any other universal service program for 
the same expenses.



Sec.  54.629  Prohibition on resale.

    (a) Prohibition on resale. Services purchased pursuant to universal 
support mechanisms under this subpart shall not be sold, resold, or 
transferred in consideration for money or any other thing of value.
    (b) Permissible fees. The prohibition on resale set forth in 
paragraph (a) in this section shall not prohibit a health care provider 
from charging normal fees for health care services, including 
instruction related to services purchased with support provided under 
this subpart.



Sec.  54.630  Election to offset support against annual 
universal service fund contribution.

    (a) A service provider that contributes to the universal service 
support mechanisms under this subpart and subpart H of this part to 
eligible health care providers may, at the election of the contributor:
    (1) Treat the amount eligible for support under this subpart as an 
offset against the contributor's universal service support obligation 
for the year in which the costs for providing eligible services were 
incurred; or

[[Page 255]]

    (2) Receive direct reimbursement from the Administrator for that 
amount.
    (b) Service providers that are contributors shall elect in January 
of each year the method by which they will be reimbursed and shall 
remain subject to that method for the duration of the calendar year. Any 
support amount that is owed a service provider that fails to remit its 
monthly universal service contribution obligation shall first be applied 
as an offset to that contributor's contribution obligation. Such a 
service provider shall remain subject to the offsetting method for the 
remainder of the calendar year in which it failed to remit its monthly 
universal service obligation. A service provider that continues to be in 
arrears on its universal service contribution obligations at the end of 
a calendar year shall remain subject to the offsetting method for the 
next calendar year.
    (c) If a service provider providing services eligible for support 
under this subpart elects to treat that support amount as an offset 
against its universal service contribution obligation and the total 
amount of support owed exceeds its universal service obligation, 
calculated on an annual basis, the service provider shall receive a 
direct reimbursement in the amount of the difference. Any such 
reimbursement due a service provider shall be provided by the 
Administrator no later than the end of the first quarter of the calendar 
year following the year in which the costs were incurred and the offset 
against the contributor's universal service obligation was applied.



Sec.  54.631  Audits and recordkeeping.

    (a) Random audits. All participants under the Telecommunications 
Program and Healthcare Connect Fund Program shall be subject to random 
compliance audits to ensure compliance with program rules and orders.
    (b) Recordkeeping. Participants, including Consortium Leaders and 
health care providers, shall maintain records to document compliance 
with program rules and orders for at least five years after the last day 
of service delivered in a particular funding year sufficient to 
establish compliance with all rules in this subpart.
    (1) Telecommunications Program. (i) Participants must maintain, 
among other things, records of allocations for consortia and entities 
that engage in eligible and ineligible activities, if applicable.
    (ii) Mobile rural health care providers shall maintain annual logs 
for a period of five years. Mobile rural health care providers shall 
maintain annual logs indicating: The date and locations of each clinical 
stop; and the number of patients served at each clinical stop. Mobile 
rural health care providers shall make their logs available to the 
Administrator and the Commission upon request.
    (iii) Service providers shall retain documents related to the 
delivery of discounted services for at least five years after the last 
day of the delivery of discounted services. Any other document that 
demonstrates compliance with the statutory or regulatory requirements 
for the rural health care mechanism shall be retained as well.
    (2) Healthcare Connect Fund Program. (i) Participants who receive 
support for long-term capital investments in facilities whose useful 
life extends beyond the period of the funding commitment shall maintain 
records for at least five years after the end of the useful life of the 
facility. Participants shall maintain asset and inventory records of 
supported network equipment to verify the actual location of such 
equipment for a period of five years after purchase.
    (ii) Service providers shall retain records related to the delivery 
of supported services, facilities, or equipment to document compliance 
with the Commission rules or orders pertaining to the Healthcare Connect 
Fund Program for at least five years after the last day of the delivery 
of supported services, equipment, or facilities in a particular funding 
year.
    (c) Production of records. Both participants and service providers 
under the Telecommunications Program and Healthcare Connect Fund Program 
shall produce such records at the request of the Commission, any auditor 
appointed by the Administrator or Commission, or any other state or 
federal agency with jurisdiction.

[[Page 256]]

    (d) Obligation of service providers. Service providers in the 
Telecommunications Program and Healthcare Connect Fund Program must 
certify, as a condition of receiving support, that they will provide to 
health care providers, on a timely basis, all information and documents 
regarding supported equipment, facilities, or services that are 
necessary for the health care provider to submit required forms or 
respond to Commission or Administrator inquiries. The Administrator may 
withhold disbursements for the service provider if the service provider, 
after written notice from the Administrator, fails to comply with this 
requirement.



Sec.  54.632  Signature requirements for certifications.

    (a) For individual health care provider applicants, required 
certifications must be provided and signed by an officer or director of 
the health care provider, or other authorized employee of the health 
care provider.
    (b) For consortium applicants, an officer, director, or other 
authorized employee of the Consortium Leader must sign the required 
certifications.
    (c) Pursuant to Sec.  54.633, electronic signatures are permitted 
for all required certifications.



Sec.  54.633  Validity of electronic signatures and records.

    (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.



                        Subpart H_Administration



Sec.  54.701  Administrator of universal service support mechanisms.

    (a) The Universal Service Administrative Company is appointed the 
permanent Administrator of the federal universal service support 
mechanisms, subject to a review after one year by the Federal 
Communications Commission to determine that the Administrator is 
administering the universal service support mechanisms in an efficient, 
effective, and competitively neutral manner.
    (b)(1) The Administrator shall establish a twenty (20) member Board 
of Directors, as set forth in Sec.  54.703. The Administrator's Board of 
Directors shall establish three Committees of the Board of Directors, as 
set forth in Sec.  54.705:
    (i) The Schools and Libraries Committee, which shall oversee the 
schools and libraries support mechanism;
    (ii) The Rural Health Care Committee, which shall oversee the rural 
health care support mechanism; and
    (iii) The High Cost and Low Income Committee, which shall oversee 
the high cost and low income support mechanism.
    (2) The Board of Directors shall not modify substantially the power 
or authority of the Committees of the Board without prior approval from 
the Federal Communications Commission.
    (c)(1) The Administrator shall establish three divisions:
    (i) The Schools and Libraries Division, which shall perform duties 
and functions in connection with the schools and libraries support 
mechanism under the direction of the Schools and Libraries Committee of 
the Board, as set forth in Sec.  54.705(a);
    (ii) The Rural Health Care Division, which shall perform duties and 
functions in connection with the rural health care support mechanism 
under the direction of the Rural Health Care Committee of the Board, as 
set forth in Sec.  54.705(b); and
    (iii) The High Cost and Low Income Division, which shall perform 
duties and functions in connection with the high cost and low income 
support mechanism, the interstate access universal service support 
mechanism for

[[Page 257]]

price cap carriers described in subpart J of this part, and the 
interstate common line support mechanism for rate-of-return carriers 
described in subpart K of this part, under the direction of the High 
Cost and Low Income Committee of the Board, as set forth in Sec.  
54.705(c).
    (2) As directed by the Committees of the Board set forth in Sec.  
54.705, these divisions shall perform the duties and functions unique to 
their respective support mechanisms.
    (d) The Administrator shall be managed by a Chief Executive Officer, 
as set forth in Sec.  54.704. The Chief Executive Officer shall serve on 
the Committees of the Board established in Sec.  54.705.

[63 FR 70572, Dec. 21, 1998, as amended at 65 FR 38689, June 21, 2000; 
65 FR 57739, Sept. 26, 2000; 66 FR 59727, Nov. 30, 2001; 68 FR 36943, 
June 20, 2003; 88 FR 55410, Aug. 15, 2023]



Sec.  54.702  Administrator's functions and responsibilities.

    (a) The Administrator, and the divisions therein, shall be 
responsible for administering the schools and libraries support 
mechanism, the rural health care support mechanism, the high-cost 
support mechanism, and the low income support mechanism.
    (b) The Administrator shall be responsible for billing contributors, 
collecting contributions to the universal service support mechanisms, 
and disbursing universal service support funds.
    (c) The Administrator may not make policy, interpret unclear 
provisions of the statute or rules, or interpret the intent of Congress. 
Where the Act or the Commission's rules are unclear, or do not address a 
particular situation, the Administrator shall seek guidance from the 
Commission.
    (d) The Administrator may advocate positions before the Commission 
and its staff only on administrative matters relating to the universal 
service support mechanisms.
    (e) The Administrator shall maintain books of account separate from 
those of the National Exchange Carrier Association, of which the 
Administrator is an independent subsidiary. The Administrator's books of 
account shall be maintained in accordance with generally accepted 
accounting principles. The Administrator may borrow start up funds from 
the National Exchange Carrier Association. Such funds may not be drawn 
from the Telecommunications Relay Services (TRS) fund or TRS 
administrative expense accounts.
    (f) The Administrator shall create and maintain a website, as 
defined in Sec.  54.5, on which applications for services will be posted 
on behalf of schools, libraries and rural health care providers.
    (g) The Administrator shall file with the Commission and Congress an 
annual report by March 31 of each year. The report shall detail the 
Administrator's operations, activities, and accomplishments for the 
prior year, including information about participation in each of the 
universal service support mechanisms and administrative action intended 
to prevent waste, fraud, and abuse. The report also shall include an 
assessment of subcontractors' performance, and an itemization of monthly 
administrative costs that shall include all expenses, receipts, and 
payments associated with the administration of the universal service 
support programs. The Administrator shall consult each year with 
Commission staff to determine the scope and content of the annual 
report.
    (h) The Administrator shall report quarterly to the Commission on 
the disbursement of universal service support program funds. The 
Administrator shall keep separate accounts for the amounts of money 
collected and disbursed for eligible schools and libraries, rural health 
care providers, low-income consumers, and high-cost and insular areas.
    (i) Information based on the Administrator's reports will be made 
public by the Commission at least once a year as part of a Monitoring 
Report.
    (j) The Administrator shall provide the Commission full access to 
the data collected pursuant to the administration of the universal 
service support programs.
    (k) Pursuant to Sec.  64.903 of this chapter, the Administrator 
shall file with the Commission a cost allocation manual (CAM) that 
describes the accounts and procedures the Administrator will

[[Page 258]]

use to allocate the shared costs of administering the universal service 
support mechanisms and its other operations.
    (l) The Administrator shall make available to whomever the 
Commission directs, free of charge, any and all intellectual property, 
including, but not limited to, all records and information generated by 
or resulting from its role in administering the support mechanisms, if 
its participation in administering the universal service support 
mechanisms ends.
    (m) If its participation in administering the universal service 
support mechanisms ends, the Administrator shall be subject to close-out 
audits at the end of its term.
    (n) The Administrator shall account for the financial transactions 
of the Universal Service Fund in accordance with generally accepted 
accounting principles for federal agencies and maintain the accounts of 
the Universal Service Fund in accordance with the United States 
Government Standard General Ledger. When the Administrator, or any 
independent auditor hired by the Administrator, conducts audits of the 
beneficiaries of the Universal Service Fund, contributors to the 
Universal Service Fund, or any other providers of services under the 
universal service support mechanisms, such audits shall be conducted in 
accordance with generally accepted government auditing standards. In 
administering the Universal Service Fund, the Administrator shall also 
comply with all relevant and applicable federal financial management and 
reporting statutes.
    (o) The Administrator shall provide performance measurements 
pertaining to the universal service support mechanisms as requested by 
the Commission by order or otherwise.

[63 FR 70573, Dec. 21, 1998, as amended at 65 FR 38690, June 21, 2000; 
65 FR 57739, Sept. 26, 2000; 66 FR 59727, Nov. 30, 2001; 67 FR 11259, 
Mar. 13, 2002; 69 FR 5719, Feb. 6, 2004; 72 FR 54218, Sept. 24, 2007; 76 
FR 73876, Nov. 29, 2011]



Sec.  54.703  The Administrator's Board of Directors.

    (a) The Administrator shall have a Board of Directors separate from 
the Board of Directors of the National Exchange Carrier Association. The 
National Exchange Carrier Association's Board of Directors shall be 
prohibited from participating in the functions of the Administrator.
    (b) Board composition. The independent subsidiary's Board of 
Directors shall consist of twenty (20) directors:
    (1) Three directors shall represent incumbent local exchange 
carriers, with one director representing the Bell Operating Companies 
and GTE, one director representing ILECs (other than the Bell Operating 
Companies) with annual operating revenues in excess of $40 million, and 
one director representing ILECs (other than the Bell Operating 
Companies) with annual operating revenues of $40 million or less;
    (2) Two directors shall represent interexchange carriers, with one 
director representing interexchange carriers with more than $3 billion 
in annual operating revenues and one director representing interexchange 
carriers with annual operating revenues of $3 billion or less;
    (3) One director shall represent commercial mobile radio service 
(CMRS) providers;
    (4) One director shall represent competitive local exchange 
carriers;
    (5) One director shall represent cable operators;
    (6) One director shall represent information service providers;
    (7) Three directors shall represent schools that are eligible to 
receive discounts pursuant to Sec.  54.501;
    (8) One director shall represent libraries that are eligible to 
receive discounts pursuant to Sec.  54.501;
    (9) Two directors shall represent rural health care providers that 
are eligible to receive supported services pursuant to Sec.  54.601;
    (10) One director shall represent low-income consumers;
    (11) One director shall represent state telecommunications 
regulators;
    (12) One director shall represent state consumer advocates;
    (13) One director shall represent Tribal communities; and
    (14) The Chief Executive Officer of the Administrator.

[[Page 259]]

    (c) Selection process for board of directors. (1) Sixty (60) days 
prior to the expiration of a director's term, the industry or non-
industry group that is represented by such director on the 
Administrator's Board of Directors, as specified in paragraph (b) of 
this section, shall nominate by consensus a new director. The industry 
or non-industry group shall submit the name of its nominee for a seat on 
the Administrator's Board of Directors, along with relevant professional 
and biographical information about the nominee, to the Chairman of the 
Federal Communications Commission. Only members of the industry or non-
industry group that a Board member will represent may submit a 
nomination for that position.
    (2) The name of an industry or non-industry group's nominee shall be 
filed with the Office of the Secretary of the Federal Communications 
Commission in accordance with part 1 of this chapter. The document 
nominating a candidate shall be captioned ``In the matter of: Nomination 
for Universal Service Administrator's Board of Directors'' and shall 
reference FCC Docket Nos. 97-21 and 96-45. Each nomination shall specify 
the position on the Board of Directors for which such nomination is 
submitted. Two copies of the document nominating a candidate shall be 
submitted to the Wireline Competition Bureau's Telecommunications Access 
Policy Division.
    (3) The Chairman of the Federal Communications Commission shall 
review the nominations submitted by industry and non-industry groups and 
select each director of the Administrator's Board of Directors, as each 
director's term expires pursuant to paragraph (d) of this section. If an 
industry or non-industry group does not reach consensus on a nominee or 
fails to submit a nomination for a position on the Administrator's Board 
of Directors, the Chairman of the Federal Communications Commission 
shall select an individual to represent such group on the 
Administrator's Board of Directors.
    (d) Board member terms. The directors of the Administrator's Board 
shall be appointed for three-year terms, except that the Chief Executive 
Officer shall be a permanent member of the Board. Board member terms 
shall run from January 1 of the first year of the term to December 31 of 
the third year of the term, except that, for purposes of the term 
beginning on January 1, 1999, the terms of the six directors shall 
expire on December 31, 2000, the terms of another six directors on 
December 31, 2001, and the terms of the remaining six directors on 
December 31, 2002. Directors may be reappointed for subsequent terms 
pursuant to the initial nomination and appointment process described in 
paragraph (c) of this section. If a Board member vacates his or her seat 
prior to the completion of his or her term, the Administrator will 
notify the Wireline Competition Bureau of such vacancy, and a successor 
will be chosen pursuant to the nomination and appointment process 
described in paragraph (c) of this section.
    (e) All meetings of the Administrator's Board of Directors shall be 
open to the public and held in Washington, D.C.
    (f) Each member of the Administrator's Board of Directors shall be 
entitled to receive reimbursement for expenses directly incurred as a 
result of his or her participation on the Administrator's Board of 
Directors.

[63 FR 70573, Dec. 21, 1998, as amended at 67 FR 13226, Mar. 21, 2002; 
88 FR 55410, Aug. 15, 2023]



Sec.  54.704  The Administrator's Chief Executive Officer.

    (a) Chief Executive Officer's functions. (1) The Chief Executive 
Officer shall have management responsibility for the administration of 
the federal universal service support mechanisms.
    (2) The Chief Executive Officer shall have management responsibility 
for all employees of the Universal Service Administrative Company. The 
Chief Executive Officer may delegate such responsibility to heads of the 
divisions established in Sec.  54.701(g).
    (3) The Chief Executive Officer shall serve on the Administrator's 
Board of Directors as set forth in Sec.  54.703(b) and on the Committees 
of the Board established under Sec.  54.705.
    (b) Selection process for the Chief Executive Officer. (1) The 
members of the Board of Directors of the Administrator shall nominate by 
consensus a

[[Page 260]]

Chief Executive Officer. The Board of Directors shall submit the name of 
its nominee for Chief Executive Officer, along with relevant 
professional and biographical information about the nominee, to the 
Chairperson of the Federal Communications Commission.
    (2) The Chairperson of the Federal Communications Commission shall 
review the nomination submitted by the Administrator's Board of 
Directors. Subject to the Chairperson's approval, the nominee shall be 
appointed as the Administrator's Chief Executive Officer.
    (3) If the Board of Directors does not reach consensus on a nominee 
or fails to submit a nomination for the Chief Executive Officer, the 
Chairperson of the Federal Communications Commission shall select a 
Chief Executive Officer.

[63 FR 70574, Dec. 21, 1998, as amended at 88 FR 21442, Apr. 10, 2023]



Sec.  54.705  Committees of the Administrator's Board of Directors.

    (a) Schools and Libraries Committee--(1) Committee functions. The 
Schools and Libraries Committee shall oversee the administration of the 
schools and libraries support mechanism by the Schools and Libraries 
Division. The Schools and Libraries Committee shall have the authority 
to make decisions concerning:
    (i) How the Administrator projects demand for the schools and 
libraries support mechanism;
    (ii) Development of applications and associated instructions as 
needed for the schools and libraries support mechanism;
    (iii) Administration of the application process, including 
activities to ensure compliance with Federal Communications Commission 
rules and regulations;
    (iv) Performance of outreach and education functions;
    (v) Review of bills for services that are submitted by schools and 
libraries;
    (vi)-(viii) [Reserved]
    (ix) The classification of schools and libraries as urban or rural 
and the use of the discount matrix established in Sec.  54.505(c) of 
this chapter to set the discount rate to be applied to services 
purchased by eligible schools and libraries;
    (x) Performance of audits of beneficiaries under the schools and 
libraries support mechanism; and
    (xi) Development and implementation of other functions unique to the 
schools and libraries support mechanism.
    (2) Committee composition. The Schools and Libraries Committee shall 
consist of the following members of the Administrator's Board of 
Directors:
    (i) Three school representatives;
    (ii) One library representative;
    (iii) One service provider representative;
    (iv) One Tribal community representative;
    (v) One at-large representative elected by the Administrator's Board 
of Directors; and
    (vi) The Administrator's Chief Executive Officer.
    (b) Rural Health Care Committee--(1) Committee functions. The Rural 
Health Care Committee shall oversee the administration of the rural 
health care support mechanism by the Rural Health Care Division. The 
Rural Health Care Committee shall have authority to make decisions 
concerning:
    (i) How the Administrator projects demand for the rural health care 
support mechanism;
    (ii) Development of applications and associated instructions as 
needed for the rural health care support mechanism;
    (iii) Administration of the application process, including 
activities to ensure compliance with Federal Communications Commission 
rules and regulations;
    (iv) Calculation of support levels under Sec.  54.609;
    (v) Performance of outreach and education functions;
    (vi) Review of bills for services that are submitted by rural health 
care providers;
    (vii) Monitoring demand for the purpose of determining when the $400 
million cap has been reached;
    (viii) Performance of audits of beneficiaries under the rural health 
care support mechanism; and

[[Page 261]]

    (ix) Development and implementation of other functions unique to the 
rural health care support mechanism.
    (2) Committee composition. The Rural Health Care Committee shall 
consist of the following members of the Administrator's Board of 
Directors:
    (i) Two rural health care representatives;
    (ii) One service provider representative;
    (iii) Two at-large representatives elected by the Administrator's 
Board of Directors;
    (iv) One State telecommunications regulator, one state consumer 
advocate; and
    (v) The Administrator's Chief Executive Officer.
    (c) High Cost and Low Income Committee--(1) Committee functions. The 
High Cost and Low Income Committee shall oversee the administration of 
the high cost and low income support mechanisms, the interstate access 
universal service support mechanism for price cap carriers described in 
subpart J of this part, and the interstate common line support mechanism 
for rate-of-return carriers described in subpart K of this part by the 
High Cost and Low Income Division. The High Cost and Low Income 
Committee shall have the authority to make decisions concerning:
    (i) How the Administrator projects demand for the high cost, low 
income, interstate access universal service, and interstate common line 
support mechanisms;
    (ii) Development of applications and associated instructions as 
needed for the high cost, low income, interstate access universal 
service, and interstate common line support mechanisms;
    (iii) Administration of the application process, including 
activities to ensure compliance with Federal Communications Commission 
rules and regulations;
    (iv) Performance of audits of beneficiaries under the high cost, low 
income, interstate access universal service and interstate common line 
support mechanisms; and
    (v) Development and implementation of other functions unique to the 
high cost, low income, interstate access universal service and 
interstate common line support mechanisms.
    (d) Binding Authority of Committees of the Board. (1) Any action 
taken by the Committees of the Board established in paragraphs (a) 
through (c) of this section shall be binding on the Board of Directors 
of the Administrator, unless such action is presented for review to the 
Board by the Administrator's Chief Executive Officer and the Board 
disapproves of such action by a two-thirds vote of a quorum of 
directors, as defined in the Administrator's by-laws.
    (2) The budgets prepared by each Committee shall be subject to Board 
review as part of the Administrator's combined budget. The Board shall 
not modify the budgets prepared by the Committees of the Board unless 
such modification is approved by a two-thirds vote of a quorum of the 
Board, as defined in the Administrator's by-laws.

[63 FR 70574, Dec. 21, 1998, as amended at 65 FR 38690, June 21, 2000; 
65 FR 57739, Sept. 26, 2000; 66 FR 59728, Nov. 30, 2001; 79 FR 49204, 
Aug. 19, 2014; 88 FR 55410, Aug. 15, 2023]



Sec.  54.706  Contributions.

    (a) Entities that provide interstate telecommunications to the 
public, or to such classes of users as to be effectively available to 
the public, for a fee will be considered telecommunications carriers 
providing interstate telecommunications services and must contribute to 
the universal service support mechanisms. Certain other providers of 
interstate telecommunications, such as payphone providers that are 
aggregators, providers of interstate telecommunications for a fee on a 
non-common carrier basis, and interconnected VoIP providers, also must 
contribute to the universal service support mechanisms. Interstate 
telecommunications include, but are not limited to:
    (1) Cellular telephone and paging services;
    (2) Mobile radio services;
    (3) Operator services;
    (4) Personal communications services (PCS);
    (5) Access to interexchange service;
    (6) Special access service;
    (7) WATS;
    (8) Toll-free service;

[[Page 262]]

    (9) 900 service;
    (10) Message telephone service (MTS);
    (11) Private line service;
    (12) Telex;
    (13) [Reserved]
    (14) Video services;
    (15) Satellite service;
    (16) Resale of interstate services;
    (17) Payphone services; and
    (18) Interconnected VoIP services.
    (19) Prepaid calling card providers.
    (b) Except as provided in paragraph (c) of this section, every 
entity required to contribute to the federal universal service support 
mechanisms under paragraph (a) of this section shall contribute on the 
basis of its projected collected interstate and international end-user 
telecommunications revenues, net of projected contributions.
    (c) Any entity required to contribute to the federal universal 
service support mechanisms whose projected collected interstate end-user 
telecommunications revenues comprise less than 12 percent of its 
combined projected collected interstate and international end-user 
telecommunications revenues shall contribute based only on such entity's 
projected collected interstate end-user telecommunications revenues, net 
of projected contributions. For purposes of this paragraph, an 
``entity'' shall refer to the entity that is subject to the universal 
service reporting requirements in Sec.  54.711 and shall include all of 
that entity's affiliated providers of interstate and international 
telecommunications and telecommunications services.
    (d) Entities providing open video systems (OVS), cable leased 
access, or direct broadcast satellite (DBS) services are not required to 
contribute on the basis of revenues derived from those services. The 
following entities will not be required to contribute to universal 
service: non-profit health care providers; broadcasters; systems 
integrators that derive less than five percent of their systems 
integration revenues from the resale of telecommunications. Prepaid 
calling card providers are not required to contribute on the basis of 
revenues derived from prepaid calling cards sold by, to, or pursuant to 
contract with the Department of Defense (DoD) or a DoD entity.
    (e) Any entity required to contribute to the federal universal 
service support mechanisms shall retain, for at least five years from 
the date of the contribution, all records that may be required to 
demonstrate to auditors that the contributions made were in compliance 
with the Commission's universal service rules. These records shall 
include without limitation the following: Financial statements and 
supporting documentation; accounting records; historical customer 
records; general ledgers; and any other relevant documentation. This 
document retention requirement also applies to any contractor or 
consultant working on behalf of the contributor.

[63 FR 70575, Dec. 21, 1998, as amended at 64 FR 60358, Nov. 5, 1999; 67 
FR 11260, Mar. 13, 2002; 67 FR 79532, Dec. 30, 2002; 71 FR 38796, July 
10, 2006; 71 FR 43673, Aug. 2, 2006; 72 FR 54218, Sept. 24, 2007; 82 FR 
48777, Oct. 20, 2017]



Sec.  54.707  Audit controls.

    (a) The Administrator shall have the authority to audit contributors 
and carriers reporting data to the Administrator. The Administrator 
shall establish procedures to verify discounts, offsets and support 
amounts provided by the universal service support programs, and may 
suspend or delay discounts, offsets, and support amounts provided to a 
carrier if the carrier fails to provide adequate verification of 
discounts, offsets, or support amounts provided upon reasonable request, 
or if directed by the Commission to do so. The Administrator shall not 
provide reimbursements, offsets or support amounts pursuant to subparts 
D, K, L and M of this part to a carrier until the carrier has provided 
to the Administrator a true and correct copy of the decision of a state 
commission designating that carrier as an eligible telecommunications 
carrier in accordance with Sec.  54.202.
    (b) The Administrator has the right to obtain all cost and revenue 
submissions and related information, at any time and in unaltered 
format, that carriers submit to NECA that are used to calculate support 
payments pursuant to subparts D, K, and M of this part.
    (c) The Administrator (and NECA, to the extent the Administrator 
does not

[[Page 263]]

directly receive information from carriers) shall provide to the 
Commission upon request all underlying data collected from eligible 
telecommunications carriers to calculate payments pursuant to subparts 
D, K, L and M of this part.

[81 FR 24342, Apr. 25, 2016]



Sec.  54.708  De minimis exemption.

    If a contributor's contribution to universal service in any given 
year is less than $10,000 that contributor will not be required to 
submit a contribution or Telecommunications Reporting Worksheet for that 
year unless it is required to do so to by our rules governing 
Telecommunications Relay Service (47 CFR 64.601 et seq. of this 
chapter), numbering administration (47 CFR 52.1 et seq. of this 
chapter), or shared costs of local number portability (47 CFR 52.21 et 
seq. of this chapter). The foregoing notwithstanding, all interconnected 
VoIP providers, including those whose contributions would be de minimis, 
must file the Telecommunications Reporting Worksheet. If a contributor 
improperly claims exemption from the contribution requirement, it will 
subject to the criminal provisions of sections 220(d) and (e) of the Act 
regarding willful false submissions and will be required to pay the 
amounts withheld plus interest.

[64 FR 41331, July 30, 1999, as amended at 71 FR 38797, July 10, 2006]



Sec.  54.709  Computations of required contributions to universal service support mechanisms.

    (a) Prior to April 1, 2003, contributions to the universal service 
support mechanisms shall be based on contributors' end-user 
telecommunications revenues and on a contribution factor determined 
quarterly by the Commission. Contributions to the mechanisms beginning 
April 1, 2003 shall be based on contributors' projected collected end-
user telecommunications revenues, and on a contribution factor 
determined quarterly by the Commission.
    (1) For funding the federal universal service support mechanisms 
prior to April 1, 2003, the subject revenues will be contributors' 
interstate and international revenues derived from domestic end users 
for telecommunications or telecommunications services, net of prior 
period actual contributions. Beginning April 1, 2003, the subject 
revenues will be contributors' projected collected interstate and 
international revenues derived from domestic end users for 
telecommunications or telecommunications services, net of projected 
contributions.
    (2) Prior to April 1, 2003, the quarterly universal service 
contribution factor shall be determined by the Commission based on the 
ratio of total projected quarterly expenses of the universal service 
support mechanisms to the total end-user interstate and international 
telecommunications revenues, net of prior period actual contributions. 
Beginning April 1, 2003, the quarterly universal service contribution 
factor shall be determined by the Commission based on the ratio of total 
projected quarterly expenses of the universal service support mechanisms 
to the total projected collected end-user interstate and international 
telecommunications revenues, net of projected contributions. The 
Commission shall approve the Administrator's quarterly projected costs 
of the universal service support mechanisms, taking into account demand 
for support and administrative expenses. The total subject revenues 
shall be compiled by the Administrator based on information contained in 
the Telecommunications Reporting Worksheets described in Sec.  
54.711(a).
    (3) Total projected expenses for the federal universal service 
support mechanisms for each quarter must be approved by the Commission 
before they are used to calculate the quarterly contribution factor and 
individual contributions. For each quarter, the Administrator must 
submit its projections of demand for the federal universal service 
support mechanisms for high-cost areas, low-income consumers, schools 
and libraries, and rural health care providers, respectively, and the 
basis for those projections, to the Commission and the Office of the 
Managing Director at least sixty (60) calendar days prior to the start 
of that quarter. For each quarter, the Administrator must submit its 
projections of administrative expenses for the high-

[[Page 264]]

cost mechanism, the low-income mechanism, the schools and libraries 
mechanism and the rural health care mechanism and the basis for those 
projections to the Commission and the Office of the Managing Director at 
least sixty (60) calendar days prior to the start of that quarter. Based 
on data submitted to the Administrator on the Telecommunications 
Reporting Worksheets, the Administrator must submit the total 
contribution base to the Office of the Managing Director at least thirty 
(30) days before the start of each quarter. The projections of demand 
and administrative expenses and the contribution factor shall be 
announced by the Commission in a public notice and shall be made 
available on the Commission's website. The Commission reserves the right 
to set projections of demand and administrative expenses at amounts that 
the Commission determines will serve the public interest at any time 
within the fourteen-day period following release of the Commission's 
public notice. If the Commission take no action within fourteen (14) 
days of the date of release of the public notice announcing the 
projections of demand and administrative expenses, the projections of 
demand and administrative expenses, and the contribution factor shall be 
deemed approved by the Commission. Except as provided in Sec.  
54.706(c), the Administrator shall apply the quarterly contribution 
factor, once approved by the Commission, to contributor's interstate and 
international end-user telecommunications revenues to calculate the 
amount of individual contributions.
    (b) If the contributions received by the Administrator in a quarter 
exceed the amount of universal service support program contributions and 
administrative costs for that quarter, the excess payments will be 
carried forward to the following quarter. The contribution factors for 
the following quarter will take into consideration the projected costs 
of the support mechanisms for that quarter and the excess contributions 
carried over from the previous quarter. The Commission may instruct the 
Administrator to treat excess contributions in a manner other than as 
prescribed in this paragraph (b). Such instructions may be made in the 
form of a Commission Order or a public notice released by the Wireline 
Competition Bureau. Any such public notice will become effective 
fourteen days after release of the public notice, absent further 
Commission action.
    (c) If the contributions received by the Administrator in a quarter 
are inadequate to meet the amount of universal service support program 
payments and administrative costs for that quarter, the Administrator 
shall request authority from the Commission to borrow funds 
commercially, with such debt secured by future contributions. Subsequent 
contribution factors will take into consideration the projected costs of 
the support mechanisms and the additional costs associated with 
borrowing funds.
    (d) If a contributor fails to file a Telecommunications Reporting 
Worksheet by the date on which it is due, the Administrator shall bill 
that contributor based on whatever relevant data the Administrator has 
available, including, but not limited to, the number of lines 
presubscribed to the contributor and data from previous years, taking 
into consideration any estimated changes in such data.

[62 FR 41305, Aug. 1, 1997, as amended at 62 FR 65038, Dec. 10, 1997; 63 
FR 2132, Jan. 13, 1998; 63 FR 43098, Aug. 12, 1998; 63 FR 70576, Dec. 
21, 1998; 64 FR 41331, July 30, 1999; 64 FR 60358, Nov. 5, 1999; 66 FR 
16151, Mar. 23, 2001; 67 FR 11260, Mar. 13, 2002; 67 FR 13227, Mar. 21, 
2002; 67 FR 79533, Dec. 30, 2002; 68 FR 38642, June 30, 2003; 71 FR 
38267, July 6, 2006; 76 FR 73876, Nov. 29, 2011]



Sec.  54.711  Contributor reporting requirements.

    (a) Contributions shall be calculated and filed in accordance with 
the Telecommunications Reporting Worksheet which shall be published in 
the Federal Register. The Telecommunications Reporting Worksheet sets 
forth information that the contributor must submit to the Administrator 
on a quarterly and annual basis. The Commission shall announce by Public 
Notice published in the Federal Register and on its website the manner 
of payment and dates by which payments must be made. An executive 
officer of the contributor must certify to the truth and accuracy of 
historical data included in the Telecommunications

[[Page 265]]

Reporting Worksheet, and that any projections in the Telecommunications 
Reporting Worksheet represent a good-faith estimate based on the 
contributor's policies and procedures. The Commission or the 
Administrator may verify any information contained in the 
Telecommunications Reporting Worksheet. Contributors shall maintain 
records and documentation to justify information reported in the 
Telecommunications Reporting Worksheet, including the methodology used 
to determine projections, for three years and shall provide such records 
and documentation to the Commission or the Administrator upon request. 
Inaccurate or untruthful information contained in the Telecommunications 
Reporting Worksheet may lead to prosecution under the criminal 
provisions of Title 18 of the United States Code. The Administrator 
shall advise the Commission of any enforcement issues that arise and 
provide any suggested response.
    (b) 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. The Administrator shall keep confidential all data 
obtained from contributors, shall not use such data except for purposes 
of administering the universal service support programs, 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 Universal Service Administrator may 
share data obtained from contributors with the administrators of the 
North American Numbering Plan administration cost recovery (See 47 CFR 
52.16 of this chapter), the local number portability cost recovery (See 
47 CFR 52.32 of this chapter), and the TRS Fund (See 47 CFR 
64.604(c)(4)(iii)(H) of this chapter). The Administrator shall keep 
confidential all data obtained from other administrators and shall not 
use such data except for purposes of administering the universal service 
support mechanisms.
    (c) The 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 universal service support mechanisms.

[64 FR 41332, July 30, 1999, as amended at 66 FR 16151, Mar. 23, 2001; 
67 FR 13227, Mar. 21, 2002; 67 FR 79533, Dec. 30, 2002]



Sec.  54.712  Contributor recovery of universal service costs from end users.

    (a) Federal universal service contribution costs may be recovered 
through interstate telecommunications-related charges to end users. If a 
contributor chooses to recover its federal universal service 
contribution costs through a line item on a customer's bill the amount 
of the federal universal service line-item charge may not exceed the 
interstate telecommunications portion of that customer's bill times the 
relevant contribution factor.
    (b) [Reserved]

[67 FR 79533, Dec. 30, 2002, as amended at 68 FR 15672, Apr. 1, 2003; 71 
FR 38797, July 10, 2006]



Sec.  54.713  Contributors' failure to report or to contribute.

    (a) A contributor that fails to file a Telecommunications Reporting 
Worksheet and subsequently is billed by the Administrator shall pay the 
amount for which it is billed. The Administrator may bill a contributor 
a separate assessment for reasonable costs incurred because of that 
contributor's filing of an untruthful or inaccurate Telecommunications 
Reporting Worksheet, failure to file the Telecommunications Reporting 
Worksheet, or late payment of contributions. Failure to file the 
Telecommunications Reporting Worksheet or to submit required quarterly 
contributions may subject the contributor to the enforcement provisions 
of the Act and any other applicable law. The Administrator shall advise 
the Commission of any enforcement issues that arise and provide any 
suggested response. Once a contributor complies with the 
Telecommunications

[[Page 266]]

Reporting Worksheet filing requirements, the Administrator may refund 
any overpayments made by the contributor, less any fees, interest, or 
costs.
    (b) If a universal service fund contributor fails to make full 
payment on or before the date due of the monthly amount established by 
the contributor's applicable Form 499-A or Form 499-Q, or the monthly 
invoice provided by the Administrator, the payment is delinquent. All 
such delinquent amounts shall incur from the date of delinquency, and 
until all charges and costs are paid in full, interest at the rate equal 
to the U.S. prime rate (in effect on the date of the delinquency) plus 
3.5 percent, as well as administrative charges of collection and/or 
penalties and charges permitted by the applicable law (e.g., 31 U.S.C. 
3717 and implementing regulations).
    (c) If a universal service fund contributor is more than 30 days 
delinquent in filing a Telecommunications Reporting Worksheet Form 499-A 
or 499-Q, the Administrator shall assess an administrative remedial 
collection charge equal to the greater of $100 or an amount computed 
using the rate of the U.S. prime rate (in effect on the date the 
applicable Worksheet is due) plus 3.5 percent, of the amount due per the 
Administrator's calculations. In addition, the contributor is 
responsible for administrative charges of collection and/or penalties 
and charges permitted by the applicable law (e.g., 31 U.S.C. 3717 and 
implementing regulations). The Commission may also pursue enforcement 
action against delinquent contributors and late filers, and assess costs 
for collection activities in addition to those imposed by the 
Administrator.
    (d) In the event a contributor fails both to file the Worksheet and 
to pay its contribution, interest will accrue on the greater of the 
amounts due, beginning with the earlier of the date of the failure to 
file or pay.
    (e) If a universal service fund contributor pays the Administrator a 
sum that is less than the amount due for the contributor's universal 
service contribution, the Administrator shall adhere to the ``American 
Rule'' whereby payment is applied first to outstanding penalty and 
administrative cost charges, next to accrued interest, and third to 
outstanding principal. In applying the payment to outstanding principal, 
the Administrator shall apply such payment to the contributor's oldest 
past due amounts first.

[72 FR 54219, Sept. 24, 2007]



Sec.  54.715  Administrative expenses of the Administrator.

    (a) The annual administrative expenses of the Administrator should 
be commensurate with the administrative expenses of programs of similar 
size, with the exception of the salary levels for officers and employees 
of the Administrator described in paragraph (b) of this section. The 
annual administrative expenses may include, but are not limited to, 
salaries of officers and operations personnel, the costs of borrowing 
funds, equipment costs, operating expenses, directors' expenses, and 
costs associated with auditing contributors of support recipients.
    (b) All officers and employees of the Administrator may be 
compensated at an annual rate of pay, including any non-regular 
payments, bonuses, or other compensation, in an amount not to exceed the 
rate of basic pay in effect for Level I of the Executive Schedule under 
5 U.S.C. 5312.

    Note to paragraph (b): The compensation to be included when 
calculating whether an employee's rate of pay exceeds Level I of the 
Executive Schedule does not include life insurance benefits, retirement 
benefits (including payments to 401(k) plans), health insurance 
benefits, or other similar benefits, provided that any such benefits are 
reasonably comparable to benefits that are provided to employees of the 
federal government.

    (c) The Administrator shall submit to the Commission projected 
quarterly budgets at least sixty (60) days prior to the start of every 
quarter. The Commission must approve the projected quarterly budgets 
before the Administrator disburses funds under the federal universal 
service support mechanisms. The administrative expenses incurred by the 
Administrator in connection with the schools and libraries support 
mechanism, the rural health care support mechanism, the high-cost 
support mechanism, and the low income support mechanism shall be 
deducted from

[[Page 267]]

the annual funding of each respective support mechanism. The expenses 
deducted from the annual funding for each support mechanism also shall 
include the Administrator's joint and common costs allocated to each 
support mechanism pursuant to the cost allocation manual filed by the 
Administrator under Sec.  64.903 of this chapter.

[63 FR 70576, Dec. 21, 1998, as amended at 65 FR 38690, June 21, 2000; 
65 FR 57739, Sept. 26, 2000; 66 FR 59728, Nov. 30, 2001; 69 FR 5719, 
Feb. 6, 2004; 76 FR 73877, Nov. 29, 2011]



Sec.  54.717  Audits of the Administrator.

    The Administrator shall obtain and pay for an annual audit conducted 
by an independent auditor to examine its operations and books of account 
to determine, among other things, whether the Administrator is properly 
administering the universal service support mechanisms to prevent fraud, 
waste, and abuse:
    (a) Before selecting an independent auditor, the Administrator shall 
submit preliminary audit requirements, including the proposed scope of 
the audit and the extent of compliance and substantive testing, to the 
Office of Managing Director.
    (b) The Office of Managing Director shall review the preliminary 
audit requirements to determine whether they are adequate to meet the 
audit objectives. The Office of Managing Director shall prescribe 
modifications that shall be incorporated into the final audit 
requirements.
    (c) After the audit requirements have been approved by the Office of 
Managing Director, the Administrator shall engage within thirty (30) 
calendar days an independent auditor to conduct the annual audit 
required by this paragraph. In making its selection, the Administrator 
shall not engage any independent auditor who has been involved in 
designing any of the accounting or reporting systems under review in the 
audit.
    (d) The independent auditor selected by the Administrator to conduct 
the annual audit shall be instructed by the Administrator to develop a 
detailed audit program based on the final audit requirements and shall 
be instructed by the Administrator to submit the audit program to the 
Office of Managing Director. The Office of Managing Director shall 
review the audit program and make modifications, as needed, that shall 
be incorporated into the final audit program. During the course of the 
audit, the Office of Managing Director may direct the Administrator to 
direct the independent auditor to take any actions necessary to ensure 
compliance with the audit requirements.
    (e) During the course of the audit, the Administrator shall instruct 
the independent auditor to:
    (1) Inform the Office of Managing Director of any revisions to the 
final audit program or to the scope of the audit;
    (2) Notify the Office of Managing Director of any meetings with the 
Administrator in which audit findings are discussed; and
    (3) Submit to the Chief of the Wireline Competition Bureau any 
accounting or rule interpretations necessary to complete the audit.
    (f) Within 105 calendar days after the end of the audit period, but 
prior to discussing the audit findings with the Administrator, the 
independent auditor shall be instructed by the Administrator to submit a 
draft of the audit report to the Office of Managing Director Audit 
Staff.
    (g) The Office of Managing Director shall 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 Office of Managing Director to the findings and 
conclusions of the independent auditor that remain unresolved shall be 
included in the final audit report.
    (h) Within fifteen (15) calendar days after receiving the Office of 
Managing Director's recommendations and making any revisions to the 
audit report, the Administrator shall instruct the independent auditor 
to submit the audit report to the Administrator for its response to the 
audit findings. At this time the auditor also must send copies of its 
audit findings to the Office of Managing Director. The Administrator 
shall provide the independent auditor time to perform additional audit 
work recommended by the Office of Managing Director.

[[Page 268]]

    (i) Within thirty (30) calendar days after receiving the audit 
report, the Administrator shall respond to the audit findings and send 
copies of its response to the Office of Managing Director. The 
Administrator shall instruct the independent auditor that any reply that 
the independent auditor wishes to make to the Administrator's responses 
shall be sent to the Office of Managing Director as well as the 
Administrator. The Administrator's response and the independent 
auditor's replies shall be included in the final audit report;
    (j) Within ten (10) calendar days after receiving the response of 
the Administrator, the independent auditor shall file with the 
Commission the final audit report.
    (k) Based on the final audit report, the Managing Director may take 
any action necessary to ensure that the universal service support 
mechanisms operate in a manner consistent with the requirements of this 
part, as well as such other action as is deemed necessary and in the 
public interest.

[67 FR 13227, Mar. 21, 2002, as amended at 68 FR 18907, Apr. 17, 2003; 
71 FR 38267, July 6, 2006; 77 FR 71712, Dec. 4, 2012]



        Subpart I_Review of Decisions Issued by the Administrator



Sec.  54.719  Parties permitted to seek review of Administrator decision.

    (a) Any party aggrieved by an action taken by the Administrator, as 
defined in Sec.  54.701, Sec.  54.703, or Sec.  54.705, must first seek 
review from the Administrator.
    (b) Any party aggrieved by an action taken by the Administrator, 
after seeking review from the Administrator, may then seek review from 
the Federal Communications Commission, as set forth in Sec.  54.722.
    (c) Parties seeking waivers of the Commission's rules shall seek 
relief directly from the Commission.

[79 FR 49204, Aug. 19, 2014]



Sec.  54.720  Filing deadlines.

    (a) An affected party requesting review or waiver of an 
Administrator decision by the Commission pursuant to Sec.  54.719, shall 
file such a request within sixty (60) days from the date the 
Administrator issues a decision.
    (b) An affected party requesting review of an Administrator decision 
by the Administrator pursuant to Sec.  54.719(a), shall file such a 
request within sixty (60) days from the date the Administrator issues a 
decision.
    (c) In all cases of requests for review filed under Sec.  54.719(a) 
through (c), the request for review shall be deemed filed on the 
postmark date. If the postmark date cannot be determined, the applicant 
must file a sworn affidavit stating the date that the request for review 
was mailed.
    (d) Parties shall adhere to the time periods for filing oppositions 
and replies set forth in 47 CFR 1.45.

[80 FR 5991, Feb. 4, 2015]



Sec.  54.721  General filing requirements.

    (a) Except as otherwise provided herein, a request for review of an 
Administrator decision by the Federal Communications Commission shall be 
filed with the Federal Communications Commission's Office of the 
Secretary in accordance with the general requirements set forth in part 
1 of this chapter. The request for review shall be captioned ``In the 
matter of Request for Review by (name of party seeking review) of 
Decision of Universal Service Administrator'' and shall reference the 
applicable docket numbers.
    (b) A request for review pursuant to Sec.  54.719(a) through (c) 
shall contain:
    (1) A statement setting forth the party's interest in the matter 
presented for review;
    (2) A full statement of relevant, material facts with supporting 
affidavits and documentation;
    (3) The question presented for review, with reference, where 
appropriate, to the relevant Federal Communications Commission rule, 
Commission order, or statutory provision;
    (4) A statement of the relief sought and the relevant statutory or 
regulatory provision pursuant to which such relief is sought.
    (c) A copy of a request for review that is submitted to the Federal 
Communications Commission shall be served on the Administrator 
consistent with the requirement for service of documents set forth in 
Sec.  1.47 of this chapter.

[[Page 269]]

    (d) If a request for review filed pursuant to Sec.  54.720(a) 
through (c) alleges prohibitive conduct on the part of a third party, 
such request for review shall be served on the third party consistent 
with the requirement for service of documents set forth in Sec.  1.47 of 
this chapter. The third party may file a response to the request for 
review. Any response filed by the third party shall adhere to the time 
period for filing replies set forth in Sec.  1.45 of this chapter and 
the requirement for service of documents set forth in Sec.  1.47 of this 
chapter.

[63 FR 70578, Dec. 21, 1998, as amended at 68 FR 36944, June 20, 2003]



Sec.  54.722  Review by the Wireline Competition
Bureau or the Commission.

    (a) Requests for review of Administrator decisions that are 
submitted to the Federal Communications Commission shall be considered 
and acted upon by the Wireline Competition Bureau; provided, however, 
that requests for review that raise novel questions of fact, law or 
policy shall be considered by the full Commission.
    (b) An affected party may seek review of a decision issued under 
delegated authority by the Common Carrier Bureau pursuant to the rules 
set forth in part 1 of this chapter.

[63 FR 70578, Dec. 21, 1998, as amended at 67 FR 13228, Mar. 21, 2002]



Sec.  54.723  Standard of review.

    (a) The Wireline Competition Bureau shall conduct de novo review of 
request for review of decisions issue by the Administrator.
    (b) The Federal Communications Commission shall conduct de novo 
review of requests for review of decisions by the Administrator that 
involve novel questions of fact, law, or policy; provided, however, that 
the Commission shall not conduct de novo review of decisions issued by 
the Wireline Competition Bureau under delegated authority.

[67 FR 13228, Mar. 21, 2002]



Sec.  54.724  Time periods for Commission approval of Administrator decisions.

    (a) The Wireline Competition Bureau shall, within ninety (90) days, 
take action in response to a request for review of an Administrator 
decision that is properly before it. The Wireline Competition Bureau may 
extend the time period for taking action on a request for review of an 
Administrator decision for a period of up to ninety days. The Commission 
may also at any time, extend the time period for taking action of a 
request for review of an Administrator decision pending before the 
Wireline Competition Bureau.
    (b) The Commission shall issue a written decision in response to a 
request for review of an Administrator decision that involves novel 
questions of fact, law, or policy within ninety (90) days. The 
Commission may extend the time period for taking action on the request 
for review of an Administrator decision. The Wireline Competition Bureau 
also may extend action on a request for review of an Administrator 
decision for a period of up to ninety days.

[67 FR 13228, Mar. 21, 2002]



Sec.  54.725  Universal service disbursements during pendency
of a request for review and Administrator decision.

    (a) When a party has sought review of an Administrator decision 
under Sec.  54.719(a) through (c) in connection with the schools and 
libraries support mechanism or the rural health care support mechanism, 
the Administrator shall not reimburse a service provider for the 
provision of discounted services until a final decision has been issued 
either by the Administrator or by the Federal Communications Commission; 
provided, however, that the Administrator may disburse funds for any 
amount of support that is not the subject of an appeal.
    (b) When a party has sought review of an Administrator decision 
under Sec.  54.719(a) through (c) in connection with the high cost and 
low income support mechanisms, the Administrator shall not disburse 
support to a service provider until a final decision has been issued 
either by the Administrator or

[[Page 270]]

by the Federal Communications Commission; provided, however, that the 
Administrator may disburse funds for any amount of support that is not 
the subject of an appeal.



                Subpart J_Rural Digital Opportunity Fund

    Source: 85 FR 13798, Mar. 10, 2020, unless otherwise noted.



Sec.  54.801  Use of competitive bidding for Rural Digital Opportunity Fund.

    The Commission will use competitive bidding, as provided in part 1, 
subpart AA of this chapter, to determine the recipients of Rural Digital 
Opportunity Fund support and the amount of support that they may receive 
for specific geographic areas, subject to applicable post-auction 
procedures.



Sec.  54.802  Rural Digital Opportunity Fund geographic areas,
deployment obligations, and support disbursements.

    (a) Geographic areas eligible for support. Rural Digital Opportunity 
Fund support may be made available for census blocks or other areas 
identified as eligible by public notice.
    (b) Term of support. Rural Digital Opportunity Fund support shall be 
provided for ten years.
    (c) Deployment obligation. (1) All recipients of Rural Digital 
Opportunity Fund support must complete deployment to 40 percent of the 
required number of locations as determined by the Connect America Cost 
Model by the end of the third year, to 60 percent by the end of the 
fourth year, and to 80 percent by the end of the fifth year. The 
Wireline Competition Bureau will publish updated location counts no 
later than the end of the sixth year. A support recipient's final 
service milestones will depend on whether the Wireline Competition 
Bureau determines there are more or fewer locations than determined by 
the Connect America Cost Model in the relevant areas as follows:
    (i) More Locations. After the Wireline Competition Bureau adopts 
updated location counts, in areas where there are more locations than 
the number of locations determined by the Connect America Cost Model, 
recipients of Rural Digital Opportunity Fund support must complete 
deployment to 100 percent of the number of locations determined by the 
Connect America Cost Model by the end of the sixth year. Recipients of 
Rural Digital Opportunity Fund support must then complete deployment to 
100 percent of the additional number of locations determined by the 
Wireline Competition Bureau's updated location count by end of the 
eighth year. If the new location count exceeds 35% of the number of 
locations determined by the Connect America Cost Model within their area 
in each state, recipients of Rural Digital Opportunity Fund support will 
have the opportunity to seek additional support or relief.
    (ii) Fewer Locations. In areas where there are fewer locations than 
the number of locations determined by the Connect America Cost Model, a 
Rural Digital Opportunity Fund support recipient must notify the 
Wireline Competition Bureau no later than March 1 following the fifth 
year of deployment. Upon confirmation by the Wireline Competition 
Bureau, Rural Digital Opportunity Fund support recipients must complete 
deployment to the number of locations required by the new location count 
by the end of the sixth year. Support recipients for which the new 
location count is less than 65 percent of the Connect America Cost Model 
locations within their area in each state shall have the support amount 
reduced on a pro rata basis by the number of reduced locations.
    (iii) Newly Built Locations. In addition to offering the required 
service to the updated number of locations identified by the Wireline 
Competition Bureau, Rural Digital Opportunity Fund support recipients 
must offer service to locations built since the revised count, upon 
reasonable request. Support recipients are not required to deploy to any 
location built after milestone year eight.
    (d) Disbursement of Rural Digital Opportunity Fund 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.

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Sec.  54.803  Rural Digital Opportunity Fund provider eligibility.

    (a) Any eligible telecommunications carrier is eligible to receive 
Rural Digital Opportunity Fund support in eligible areas.
    (b) An entity may obtain eligible telecommunications carrier 
designation after public notice of winning bidders in the Rural Digital 
Opportunity Fund auction.
    (c) To the extent any entity seeks eligible telecommunications 
carrier designation prior to public notice of winning bidders for Rural 
Digital Opportunity Fund support, its designation as an eligible 
telecommunications carrier may be conditioned subject to receipt of 
Rural Digital Opportunity Fund support.
    (d) Any Connect America Phase II auction participant that defaulted 
on all of its Connect America Phase II auction winning bids is barred 
from participating in the Rural Digital Opportunity Fund.



Sec.  54.804  Rural Digital Opportunity Fund application process.

    (a) In addition to providing information specified in Sec.  
1.21001(b) of this chapter and any other information required by the 
Commission, any applicant to participate in competitive bidding for 
Rural Digital Opportunity Fund 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 established for Rural 
Digital Opportunity Fund 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) Describe the technology or technologies that will be used to 
provide service for each 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 the term of 
support;
    (7) Submit operational and financial information.
    (i) If applicable, the applicant should submit a certification that 
it 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 an 
independent certified public accountant. If the applicant is not audited 
in the ordinary course of business, in lieu of submitting audited 
financial statements it must submit unaudited financial statements from 
the prior fiscal year and certify that it will provide financial 
statements from the prior fiscal year that are audited by an independent 
certified 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

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forth in paragraph (c)(2) of this section, 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.
    (8) Certify that the applicant has performed due diligence 
concerning its potential participation in the Rural Digital Opportunity 
Fund.
    (b) Application by winning bidders for Rural Digital Opportunity 
Fund support--
    (1) Deadline. As provided by public notice, winning bidders for 
Rural Digital Opportunity Fund support or their assignees shall file an 
application for Rural Digital Opportunity Fund 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 Rural Digital 
Opportunity Fund 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 for Rural Digital 
Opportunity Fund support in each area for which it seeks support;
    (iii) Certification that the applicant will meet the relevant public 
interest obligations, 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 for Rural Digital Opportunity Fund 
support;
    (v) Certification that the applicant will have available funds for 
all project costs that exceed the amount of support to be received from 
the Rural Digital Opportunity Fund 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) Letter of credit commitment letter. No later than the number of 
days provided by public notice, the long-form 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 long-form applicant. 
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) Audited financial statements. No later than the number of days 
provided by public notice, if a long-form applicant or a related entity 
did not submit audited financial statements in the relevant short-form 
application as required, the long-form applicant must submit the 
financial statements from the prior fiscal year that are audited by an 
independent certified public accountant.
    (5) Eligible telecommunications carrier designation. No later than 
180 days after the public notice identifying it as a winning bidder, the 
long-form 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

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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 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 long-form applicant that may be authorized to 
receive Rural Digital Opportunity Fund support after the long-form 
applicant 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 long-form applicant 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 long-form applicant that is authorized to receive 
Rural Digital Opportunity Fund support.
    (c) Letter of credit. Before being authorized to receive Rural 
Digital Opportunity Fund 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 Rural Digital 
Opportunity Fund support shall maintain the standby letter of credit in 
an amount equal to, at a minimum, one year of support, until the 
Universal Service Administrative Company has verified that the recipient 
has served 100 percent of the Connect America Cost Model-determined 
location total (or the adjusted Connect America Cost Model location 
count if there are fewer locations) by the end of year six.
    (i) For year one of a recipient's support term, it must obtain a 
letter of credit valued at an amount equal to one year of support.
    (ii) For year two of a recipient's support term, it must obtain a 
letter of credit valued at an amount equal to eighteen months of 
support.
    (iii) For year three of a recipient's support term, it must obtain a 
letter of credit valued at an amount equal to two years of support.
    (iv) For year four of a recipient's support term, it must obtain a 
letter of credit valued at an amount equal to three years of support.
    (v) A recipient may obtain a new letter of credit or renew its 
existing letter of credit so that it is valued at an amount equal to one 
year of support once it meets its optional or required service 
milestones. The recipient may obtain or renew this letter of credit upon 
verification of its buildout by the Universal Service Administrative 
Company. The recipient may maintain its letter of credit at this level 
for the remainder of its deployment term, so long as the Universal 
Service Administrative Company verifies that the recipient successfully 
and timely meets its remaining required service milestones.
    (vi) A recipient that fails to meet its required service milestones 
must obtain a new letter of credit or renew its existing letter of 
credit at an amount equal to its existing letter of credit, plus an 
additional year of support, up to a maximum of three years of support.
    (vii) A recipient that fails to meet two or more required service 
milestones must maintain a letter of credit in the amount of three year 
of support and may be subject to additional non-

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compliance penalties as described in Sec.  54.320(d).
    (2) Bank eligibility. 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 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) Bankruptcy opinion letter. A long-form applicant for Rural 
Digital Opportunity Fund 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) Non-compliance. .Authorization to receive Rural Digital 
Opportunity Fund 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 Rural Digital Opportunity Fund support recipient to 
meet its service milestones for the location totals determined by the 
Connect America Cost Model, or the location total that is adjusted by 
the Wireline Competition Bureau for those areas where there are fewer 
locations than the number of locations determined by the Connect America 
Cost Model, as required by Sec.  54.802 will trigger reporting 
obligations and the withholding of support as described in Sec.  
54.320(d). Failure to come into full compliance during the relevant cure 
period as described in Sec. Sec.  54.320(d)(1)(iv)(B) or 54.320(d)(2) 
will trigger a recovery action by the Universal Service Administrative 
Company as described in Sec.  54.320(d)(1)(iv)(B) or Sec.  
54.806(c)(1)(i), as applicable. If the Rural Digital Opportunity Fund 
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 
Rural Digital Opportunity Fund support recipient from the receipt of 
Rural Digital Opportunity Fund support or additional universal service 
support.
    (ii) The default will be evidenced by a letter issued by the Chief 
of the

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Wireline Competition Bureau, or its 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.

[85 FR 13798, Mar. 10, 2020, as amended at 85 FR 75822, Nov. 25, 2020]



Sec.  54.805  Rural Digital Opportunity Fund public interest obligations.

    (a) Recipients of Rural Digital Opportunity Fund support are 
required to offer 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.
    (b) Recipients of Rural Digital Opportunity Fund support are 
required to offer broadband service meeting the performance standards 
for the relevant performance tier.
    (1) Rural Digital Opportunity Fund support recipients meeting the 
minimum 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 250 GB per month, or 
that reflects the average usage of a majority of fixed broadband 
customers as announced annually by the Wireline Competition Bureau over 
the 10-year term.
    (2) Rural Digital Opportunity Fund support recipients meeting the 
baseline performance tier standards are required to offer broadband 
service at actual speeds of at least 50 Mbps downstream and 5 Mbps 
upstream and offer a minimum usage allowance of 250 GB per month, or 
that reflects the average usage of a majority of fixed broadband 
customers as announced annually by the Wireline Competition Bureau over 
the 10-year term.
    (2) Rural Digital Opportunity Fund support recipients 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.
    (3) Rural Digital Opportunity Fund support recipients 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.
    (4) For each of the tiers in paragraphs (b)(1) through (3) of this 
section, bidders are required to meet one of two latency performance 
levels:
    (i) 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
    (ii) 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).
    (c) Recipients of Rural Digital Opportunity Fund 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 Rural Digital Opportunity Fund support. 
Such bids must be at rates reasonably comparable to rates charged to 
eligible

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schools and libraries in urban areas for comparable offerings.



Sec.  54.806  Rural Digital Opportunity Fund reporting obligations,
compliance, and recordkeeping.

    (a) Recipients of Rural Digital Opportunity Fund support shall be 
subject to the reporting obligations set forth in Sec. Sec.  54.313, 
54.314, and 54.316.
    (b) Recipients of Rural Digital Opportunity Fund support shall be 
subject to the compliance measures, recordkeeping requirements and audit 
requirements set forth in Sec.  54.320(a)-(c).
    (c) Recipients of Rural Digital Opportunity Fund support shall be 
subject to the non-compliance measures set forth in Sec.  54.320(d) 
subject to the following modifications related to the recovery of 
support.
    (1) If the support recipient does not report it has come into full 
compliance after the grace period for its sixth year or eighth year 
service milestone as applicable or if 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 sixth or eighth year service 
milestone as set forth in Sec.  54.320(d)(3):
    (i) Sixth year service milestone. Support will be recovered as 
follows after the sixth year service milestone grace period or if USAC 
later determines in the course of a compliance review that a support 
recipient does not have sufficient evidence to demonstrate that it was 
offering service to all of the locations required by the sixth year 
service milestone:
    (A) If an ETC has deployed to 95 percent or more of the Connect 
America Cost Model location count or the adjusted Connect America Cost 
Model location count if there are fewer locations, but less than 100 
percent, USAC will recover an amount of support that is equal to 1.25 
times the average amount of support per location received in the state 
for that ETC over the support term for the relevant number of locations;
    (B) If an ETC has deployed to 90 percent or more of the Connect 
America Cost Model location count or the adjusted Connect America Cost 
Model location count if there are fewer locations, but less than 95 
percent, USAC will recover an amount of support that is equal to 1.5 
times the average amount of support per location received in the state 
for that ETC over the support term for the relevant number of locations, 
plus 5 percent of the support recipient's total Rural Digital 
Opportunity Fund support authorized over the 10-year support term for 
that state;
    (C) If an ETC has deployed to fewer than 90 percent of the Connect 
America Cost Model location count or the adjusted Connect America Cost 
Model location count if there are fewer locations, USAC will recover an 
amount of support that is equal to 1.75 times the average amount of 
support per location received in the state for that ETC over the support 
term for the relevant number of locations, plus 10 percent of the 
support recipient's total Rural Digital Opportunity Fund support 
authorized over the 10-year support term for that state.
    (ii) Eighth year service milestone. If a Rural Digital Opportunity 
Fund support recipient is required to serve more new locations than 
determined by the Connect America Cost Model, support will be recovered 
as follows after the eighth year service milestone grace period or if 
USAC later determines in the course of a compliance review that a 
support recipient does not have sufficient evidence to demonstrate that 
it was offering service to all of the locations required by the eighth 
year service milestone:
    (A) If an ETC has deployed to 95 percent or more of its new location 
count, but less than 100 percent, USAC will recover an amount of support 
that is equal to the average amount of support per location received in 
the state for that ETC over the support term for the relevant number of 
locations;
    (B) If an ETC has deployed to 90 percent or more of its new location 
count, but less than 95 percent, USAC will recover an amount of support 
that is equal to 1.25 times the average amount of support per location 
received in the state for that ETC over the support term for the 
relevant number of locations;

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    (C) If an ETC has deployed to 85 percent or more of its new location 
count, but less than 90 percent, USAC will recover an amount of support 
that is equal to 1.5 times the average amount of support per location 
received in the state for that ETC over the support term for the 
relevant number of locations, plus 5 percent of the support recipient's 
total Rural Digital Opportunity Fund support authorized over the 10-year 
support term for that state;
    (D) If an ETC has deployed to less than 85 percent of its new 
location count, USAC will recover an amount of support that is equal to 
1.75 times the average amount of support per location received in the 
state for that ETC over the support term for the relevant number of 
locations, plus 10 percent of the support recipient's total Rural 
Digital Opportunity Fund support authorized over the 10-year support 
term for that state.
    (2) Any support recipient that believes it cannot meet the third-
year service milestone must notify the Wireline Competition Bureau 
within 10 business days of the third-year service milestone deadline and 
provide information explaining this expected deficiency. If a support 
recipient has not made such a notification by March 1 following the 
third-year service milestone, and has deployed to fewer than 20 percent 
of the required number of locations by the end of the third year, the 
recipient will immediately be in default and subject to support 
recovery. The Tier 4 status six-month grace period as set forth in Sec.  
54.320(d)(iv) will not be applicable.

    Effective Date Note: At 85 FR 13798, Mar. 10, 2020, Sec.  54.806 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 K_Interstate Common Line Support Mechanism for Rate-of-Return 
                                Carriers

    Source: 66 FR 59728, Nov. 30, 2001, unless otherwise noted.



Sec.  54.901  Calculation of Connect America Fund Broadband Loop Support.

    (a) Connect America Fund Broadband Loop Support (CAF BLS) available 
to a rate-of-return carrier shall equal the Interstate Common Line 
Revenue Requirement per Study Area, plus the Consumer Broadband-Only 
Revenue Requirement per Study Area as calculated in accordance with part 
69 of this chapter, minus:
    (1) The study area revenues obtained from end user common line 
charges at their allowable maximum as determined by Sec.  69.104(n) and 
(o) of this chapter;
    (2) Imputed Consumer Broadband-only Revenues, to be calculated as:
    (i) The lesser of $42 * the number of consumer broadband-only loops 
* 12 or the Consumer Broadband-Only Revenue Requirement per Study Area; 
or
    (ii) For the purpose of calculating the reconciliation pursuant to 
Sec.  54.903(b)(3), the greater of the amount determined pursuant to 
paragraph (a)(2)(i) of this section or the carrier's allowable Consumer 
Broadband-only rate calculated pursuant to Sec.  69.132 of this chapter 
* the number of consumer broadband-only loops * 12;
    (3) The special access surcharge pursuant to Sec.  69.115 of this 
chapter; and
    (4) The line port costs in excess of basic analog service pursuant 
to Sec.  69.130 of this chapter.
    (b) For the purpose of calculating support pursuant to paragraph (a) 
of this section, the Interstate Common Line Revenue Requirement and 
Consumer Broadband-only Revenue Requirement shall be subject to the 
limitations set forth in Sec.  54.303.
    (c) For purposes of calculating the amount of CAF BLS, determined 
pursuant to paragraph (a) of this section, that a non-price cap carrier 
may receive, the corporate operations expense allocated to the Common 
Line Revenue Requirement or the Consumer Broadband-only Loop Revenue 
Requirement, pursuant to Sec.  69.409 of this chapter, shall be limited 
to the lesser of:
    (1) The actual average monthly per-loop corporate operations 
expense; or
    (2) The portion of the monthly per-loop amount computed pursuant to 
Sec.  54.1308(a)(4)(ii) that would be allocated to the Interstate Common 
Line

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Revenue Requirement or Consumer Broadband-only Loop Revenue Requirement 
pursuant to Sec.  69.409 of this chapter.
    (d) In calculating support pursuant to paragraph (a) of this section 
for periods prior to when the tariff charge described in Sec.  69.132 of 
this chapter becomes effective, only Interstate Common Line Revenue 
Requirement and Interstate Common line revenues shall be included.
    (e) To the extent necessary for ratemaking purposes, each carrier's 
CAF BLS shall be attributed as follows:
    (1) First, support shall be applied to ensure that the carrier has 
met its Interstate Common Line Revenue Requirement for the prior period 
to which true-up payments are currently being applied.
    (2) Second, support shall be applied to ensure that the carrier has 
met its Consumer Broadband-only Loop Revenue Requirement for the prior 
period to which true-up payments are currently being applied.
    (3) Third, support shall be applied to ensure that the carrier will 
meet, on a forecasted basis, its Interstate Common Line Revenue 
Requirement during the current tariff year.
    (4) Finally, support shall be applied as available to the Consumer 
Broadband-only Loop Revenue Requirement during the current tariff year.
    (f) CAF BLS Support is subject to a reduction as necessary to meet 
the overall cap on support established by the Commission for support 
provided pursuant to this subpart and subpart M of this part. Reductions 
shall be implemented as follows:
    (1) On May 1 of each year, the Administrator will publish a target 
amount for CAF BLS in the aggregate and the amount of CAF BLS that each 
study area will receive during the upcoming July 1 to June 30 tariff 
year. The target amount shall be the forecasted disbursement amount 
times a reduction factor. The reduction factor shall be the budget 
amount divided by the total forecasted disbursement amount for both High 
Cost Loop Support and CAF BLS for recipients in the aggregate. The 
forecasted disbursement for CAF BLS is the forecasted total 
disbursements for all recipients of CAF BLS, including both projections 
and true-ups in the upcoming July 1 to June 30 tariff year.
    (2) [Reserved]
    (3) The Administrator shall apply a pro rata reduction to CAF BLS 
for each recipient of CAF BLS as necessary to achieve the target amount.
    (4) This paragraph (f) shall not apply to support provided from July 
1, 2017 to June 30, 2018.
    (g) For purposes of this subpart and consistent with Sec.  69.132 of 
this chapter, a consumer broadband-only loop is a line provided by a 
rate-of-return incumbent local exchange carrier to a customer without 
regulated local exchange voice service, for use in connection with fixed 
Broadband Internet access service, as defined in Sec.  8.2 of this 
chapter.

[81 FR 24342, Apr. 25, 2016, as amended at 82 FR 14340, Mar. 20, 2017; 
83 FR 18964, May 1, 2018; 84 FR 4733, Feb. 19, 2019]



Sec.  54.902  Calculation of CAF BLS Support for transferred exchanges.

    (a) In the event that a rate-of-return carrier acquires exchanges 
from an entity that is also a rate-of-return carrier, CAF BLS for the 
transferred exchanges shall be distributed as follows:
    (1) Each carrier may report its updated line counts to reflect the 
transfer in the next quarterly line count filing pursuant to Sec.  
54.903(a)(1) that applies to the period in which the transfer occurred. 
During a transition period from the filing of the updated line counts 
until the end of the funding year, the Administrator shall adjust the 
CAF BLS Support received by each carrier based on the updated line 
counts and the per-line CAF BLS, categorized by customer class and, if 
applicable, disaggregation zone, of the selling carrier. If the 
acquiring carrier does not file a quarterly update of its line counts, 
it will not receive CAF BLS for those lines during the transition 
period.
    (2) Each carrier's projected data for the following funding year 
filed pursuant to Sec.  54.903(a)(3) shall reflect the transfer of 
exchanges.
    (3) Each carrier's actual data filed pursuant to Sec.  54.903(a)(4) 
shall reflect the transfer of exchanges. All post-transaction CAF BLS 
shall be subject

[[Page 279]]

to true up by the Administrator pursuant to Sec.  54.903(b)(3).
    (b) In the event that a rate-of-return carrier acquires exchanges 
from a price-cap carrier, absent further action by the Commission, the 
exchanges shall receive the same amount of support and be subject to the 
same public interest obligations as specified in Sec.  54.310 or Sec.  
54.312, as applicable.
    (c) In the event that an entity other than a rate-of-return carrier 
acquires exchanges from a rate-of-return carrier, absent further action 
by the Commission, the carrier will receive model-based support and be 
subject to public interest obligations as specified in Sec.  54.310.
    (d) This section does not alter any Commission rule governing the 
sale or transfer of exchanges, including the definition of ``study 
area'' in part 36 of this chapter.

[81 FR 24343, Apr. 25, 2016]



Sec.  54.903  Obligations of rate-of-return carriers and the Administrator.

    (a) To be eligible for CAF BLS, each rate-of-return carrier shall 
make the following filings with the Administrator.
    (1) Each rate-of-return carrier shall submit to the Administrator on 
March 31 of each year the number of lines it served as of the prior 
December 31, within each rate-of-return carrier study area showing 
residential and single-line business line counts, multi-line business 
line counts, and consumer broadband-only line counts separately. For 
purposes of this report, and for purposes of computing support under 
this subpart, the residential and single-line business class lines 
reported include lines assessed the residential and single-line business 
End User Common Line charge pursuant to Sec.  69.104 of this chapter, 
the multi-line business class lines reported include lines assessed the 
multi-line business End User Common Line charge pursuant to Sec.  69.104 
of this chapter, and consumer broadband-only lines reported include 
lines assessed the Consumer Broadband-only Loop rate charged pursuant to 
Sec.  69.132 of this chapter or provided on a detariffed basis. For 
purposes of this report, and for purposes of computing support under 
this subpart, lines served using resale of the rate-of-return local 
exchange carrier's service pursuant to section 251(c)(4) of the 
Communications Act of 1934, as amended, shall be considered lines served 
by the rate-of-return carrier only and must be reported accordingly.
    (2) A rate-of-return carrier may submit the information in paragraph 
(a) of this section in accordance with the schedule in Sec.  54.1306, 
even if it is not required to do so. If a rate-of-return carrier makes a 
filing under this paragraph, it shall separately indicate any lines that 
it has acquired from another carrier that it has not previously reported 
pursuant to paragraph (a) of this section, identified by customer class 
and the carrier from which the lines were acquired.
    (3) Each rate-of-return carrier shall submit to the Administrator 
annually by March 31 projected data necessary to calculate the carrier's 
prospective CAF BLS, including common line and consumer broadband-only 
loop cost and revenue data, for each of its study areas in the upcoming 
funding year. The funding year shall be July 1 of the current year 
through June 30 of the next year. The data shall be accompanied by a 
certification that the cost data is compliant with the Commission's cost 
allocation rules and does not reflect duplicative assignment of costs to 
the consumer broadband-only loop and special access categories.
    (4) Each rate-of-return carrier shall submit to the Administrator on 
December 31 of each year the data necessary to calculate a carrier's 
Connect America Fund CAF BLS, including common line and consumer 
broadband-only loop cost and revenue data, for the prior calendar year. 
Such data shall be used by the Administrator to make adjustments to 
monthly per-line CAF BLS amounts to the extent of any differences 
between the carrier's CAF BLS received based on projected common line 
cost and revenue data, and the CAF BLS for which the carrier is 
ultimately eligible based on its actual common line and consumer 
broadband-only loop cost and revenue data during the relevant period. 
The data shall be accompanied by a certification that the cost data is 
compliant with the Commission's cost allocation rules and

[[Page 280]]

does not reflect duplicative assignment of costs to the consumer 
broadband-only loop and special access categories.
    (b) Upon receiving the information required to be filed in paragraph 
(a) of this section, the Administrator shall:
    (1) Perform the calculations described in Sec.  54.901 and 
distribute support accordingly;
    (2) [Reserved]
    (3) Perform periodic reconciliation of the CAF BLS provided to each 
carrier based on projected data filed pursuant to paragraph (a)(3) of 
this section and the CAF BLS for which each carrier is eligible based on 
actual data filed pursuant to paragraph (a)(4) of this section; and
    (4) Report quarterly to the Commission on the collection and 
distribution of funds under this subpart as described in Sec.  
54.702(h). Fund distribution reporting will be by state and by eligible 
telecommunications carrier within the state.

[81 FR 24343, Apr. 25, 2016, as amended at 84 FR 4733, Feb. 19, 2019]



                   Subpart L_Mobility Fund and 5G Fund

    Source: 76 FR 73877, Nov. 29, 2011, unless otherwise noted.



Sec.  54.1001  Mobility Fund--Phase I.

    The Commission will use competitive bidding, as provided in part 1, 
subpart AA, of this chapter, to determine the recipients of support 
available through Phase I of the Mobility Fund and the amount(s) of 
support that they may receive for specific geographic areas, subject to 
applicable post-auction procedures.



Sec.  54.1002  Geographic areas eligible for support.

    (a) Mobility Fund Phase I support may be made available for census 
blocks identified as eligible by public notice.
    (b) Except as provided in Sec.  54.1004, coverage units for purposes 
of conducting competitive bidding and disbursing support based on 
designated road miles will be identified by public notice for each 
census block eligible for support.



Sec.  54.1003  Provider eligibility.

    (a) Except as provided in Sec.  54.1004, an applicant shall be an 
Eligible Telecommunications Carrier in an area in order to receive 
Mobility Fund Phase I support for that area. The applicant's designation 
as an Eligible Telecommunications Carrier may be conditional subject to 
the receipt of Mobility Fund support.
    (b) An applicant shall have access to spectrum in an area that 
enables it to satisfy the applicable performance requirements in order 
to receive Mobility Fund Phase I support for that area. The applicant 
shall certify, in a form acceptable to the Commission, that it has 
received any Commission approvals necessary for such access at the time 
it applies to participate in competitive bidding and at the time that it 
applies for support and that it will retain such access for five (5) 
years after the date on which it is authorized to receive support. 
Pending requests for such approvals are not sufficient to satisfy this 
requirement.
    (c) An applicant shall certify that it is financially and 
technically qualified to provide the services supported by Mobility Fund 
Phase I in order to receive such support.

[76 FR 73877, Nov. 29, 2011, as amended at 77 FR 14303, Mar. 9, 2012]

    Effective Date Note: At 77 FR 14303, Mar. 9, 2012, Sec.  54.1003(b) 
was revised. This paragraph contains information and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec.  54.1004  Service to Tribal Lands.

    (a) A Tribally-owned or -controlled entity that has pending an 
application to be designated an Eligible Telecommunications Carrier may 
participate in any Mobility Fund Phase I auction, including any auction 
for support solely in Tribal lands, by bidding for support in areas 
located within the boundaries of the Tribal land associated with the 
Tribe that owns or controls the entity. To bid on this basis, an entity 
shall certify that it is a Tribally-owned or -controlled entity and 
identify the applicable Tribe and Tribal lands in its application to 
participate in the competitive bidding. A Tribally-owned or -controlled 
entity

[[Page 281]]

shall receive Mobility Fund Phase I support only after it has become an 
Eligible Telecommunications Carrier.
    (b) In any auction for support solely in Tribal lands, coverage 
units for purposes of conducting competitive bidding and disbursing 
support based on designated population will be identified by public 
notice for each census block eligible for support.
    (c) Tribally-owned or -controlled entities may receive a bidding 
credit with respect to bids for support within the boundaries of 
associated Tribal lands. To qualify for a bidding credit, an applicant 
shall certify that it is a Tribally-owned or -controlled entity and 
identify the applicable Tribe and Tribal lands in its application to 
participate in the competitive bidding. An applicant that qualifies 
shall have its bid(s) for support in areas within the boundaries of 
Tribal land associated with the Tribe that owns or controls the 
applicant reduced by twenty-five (25) percent or purposes of determining 
winning bidders without any reduction in the amount of support 
available.
    (d) A winning bidder for support in Tribal lands shall notify and 
engage the Tribal governments responsible for the areas supported.
    (1) A winning bidder's engagement with the applicable Tribal 
government shall consist, at a minimum, of discussion regarding:
    (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.
    (2) A winning bidder shall notify the appropriate Tribal government 
of its winning bid no later than five (5) business days after being 
identified by public notice as a winning bidder.
    (3) A winning bidder shall certify in its application for support 
that it has substantively engaged appropriate Tribal officials regarding 
the issues specified in Sec.  54.1004(d)(1), at a minimum, as well as 
any other issues specified by the Commission, and provide a summary of 
the results of such engagement. A copy of the certification and summary 
shall be sent to the appropriate Tribal officials when it is sent to the 
Commission.
    (4) A winning bidder for support in Tribal lands shall certify in 
its annual report, pursuant to Sec.  54.1009(a)(5), and prior to 
disbursement of support, pursuant to Sec.  54.1008(c), that it has 
substantively engaged appropriate Tribal officials regarding the issues 
specified in Sec.  54.1004(d)(1), at a minimum, as well as any other 
issues specified by the Commission, and provide a summary of the results 
of such engagement. A copy of the certification and summary shall be 
sent to the appropriate Tribal officials when it is sent to the 
Commission.



Sec.  54.1005  Application process.

    (a) Application to participate in competitive bidding for Mobility 
Fund Phase I 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 
Mobility Fund Phase I support also 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 
capable of meeting the public interest obligations of Sec.  54.1006 in 
each area for which it seeks support;
    (3) Disclose its status as an Eligible Telecommunications Carrier in 
any area for which it will seek support or as a Tribal entity with a 
pending application to become an Eligible Telecommunications Carrier in 
any such area, and certify that the disclosure is accurate;
    (4) Describe the spectrum access that the applicant plans to use to 
meet obligations in areas for which it will bid for support, including 
whether the applicant currently holds a license for or leases the 
spectrum, and certify that the description is accurate and that the 
applicant will retain such access for at least five (5) years after the 
date on which it is authorized to receive support;

[[Page 282]]

    (5) Certify that it will not bid on any areas in which it has made a 
public commitment to deploy 3G or better wireless service by December 
31, 2012; and
    (6) Make any applicable certifications required in Sec.  54.1004.
    (b) Application by winning bidders for Mobility Fund Phase I 
support--(1) Deadline. Unless otherwise provided by public notice, 
winning bidders for Mobility Fund Phase I support shall file an 
application for Mobility Fund Phase I support no later than 10 business 
days after the public notice identifying them as winning bidders.
    (2) Application contents. (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 
capable of meeting the public interest obligations of Sec.  54.1006 in 
the geographic areas for which it seeks support.
    (iii) Proof of the applicant's status as an Eligible 
Telecommunications Carrier or as a Tribal entity with a pending 
application to become an Eligible Telecommunications Carrier in any area 
for which it seeks support and certification that the proof is accurate.
    (iv) A description of the spectrum access that the applicant plans 
to use to meet obligations in areas for which it is the winning bidder 
for support, including whether the applicant currently holds a license 
for or leases the spectrum, and a certification that the description is 
accurate and that the applicant will retain such access for at least 
five (5) years after the date on which it is authorized to receive 
support.
    (v) A detailed project description that describes the network, 
identifies the proposed technology, demonstrates that the project is 
technically feasible, discloses the budget and describes each specific 
phase of the project, e.g., network design, construction, deployment, 
and maintenance. The applicant shall indicate whether the supported 
network will provide third generation (3G) mobile service within the 
period prescribed by Sec.  54.1006(a) or fourth generation (4G) mobile 
service within the period prescribed by Sec.  54.1006(b).
    (vi) Certifications that the applicant has available funds for all 
project costs that exceed the amount of support to be received from 
Mobility Fund Phase I and that the applicant will comply with all 
program requirements.
    (vii) Any guarantee of performance that the Commission may require 
by public notice or other proceedings, including but not limited to the 
letters of credit required in Sec.  54.1007, or a written commitment 
from an acceptable bank, as defined in Sec.  54.1007(a)(1), to issue 
such a letter of credit.
    (viii) Certification that the applicant will offer service in 
supported areas at rates that are within a reasonable range of rates for 
similar service plans offered by mobile wireless providers in urban 
areas for a period extending until five (5) years after the date on 
which it is authorized to receive support.
    (ix) Any applicable certifications and showings required in Sec.  
54.1004.
    (x) Certification that the party submitting the application is 
authorized to do so on behalf of the applicant.
    (xi) Such additional information as the Commission may require.
    (3) 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 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

[[Page 283]]

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 
Mobility Fund Phase I support after the winning bidder submits a Letter 
of Credit and an accompanying opinion letter as required by Sec.  
54.1007, in a form acceptable to the Commission, and any final 
designation as an Eligible Telecommunications Carrier that any Tribally-
owned or -controlled applicant may still require. Each such winning 
bidder shall submit a Letter of Credit and an accompanying opinion 
letter as required by Sec.  54.1007, in a form acceptable to the 
Commission, and any required final designation as an Eligible 
Telecommunications Carrier no later than 10 business days following the 
release of the public notice.
    (vi) After receipt of all necessary information, a public notice 
will identify each winning bidder that is authorized to receive Mobility 
Fund Phase I support.



Sec.  54.1006  Public interest obligations.

    (a) Deadline for construction--3G networks. A winning bidder 
authorized to receive Mobility Fund Phase I support that indicated in 
its application that it would provide third generation (3G) service on 
the supported network shall, no later than two (2) years after the date 
on which it was authorized to receive support, submit data from drive 
tests covering the area for which support was received demonstrating 
mobile transmissions supporting voice and data to and from the network 
covering 75% of the designated coverage units in the area deemed 
uncovered, or a higher percentage established by Public Notice prior to 
the competitive bidding, and meeting or exceeding the following:
    (1) Outdoor minimum data transmission rates of 50 kbps uplink and 
200 kbps downlink at vehicle speeds appropriate for the roads covered;
    (2) Transmission latency low enough to enable the use of real time 
applications, such as VoIP.
    (b) Deadline for construction--4G networks. A winning bidder 
authorized to receive Mobility Fund Phase I support that indicated in 
its application that it would provide fourth generation (4G) service on 
the supported network shall, no later than three (3) years after the 
date on which it was authorized to receive support, submit data from 
drive tests covering the area for which support was received 
demonstrating mobile transmissions supporting voice and data to and from 
the network covering 75% of the designated coverage units in the area 
deemed uncovered, or an applicable higher percentage established by 
public notice prior to the competitive bidding, and meeting or exceeding 
the following:
    (1) Outdoor minimum data transmission rates of 200 kbps uplink and 
768 kbps downlink at vehicle speeds appropriate for the roads covered;
    (2) Transmission latency low enough to enable the use of real time 
applications, such as VoIP.
    (c) Coverage test data. Drive tests submitted in compliance with a 
recipient's public interest obligations shall cover roads designated in 
the public notice detailing the procedures for the competitive bidding 
that is the basis of the recipient's support. Scattered site tests 
submitted in compliance with a recipient's public interest obligations 
shall be in compliance with standards set forth in the public notice 
detailing the procedures for the competitive bidding that is the basis 
of the recipient's authorized support.
    (d) Collocation obligations. During the period when a recipient 
shall file annual reports pursuant to Sec.  54.1009, the recipient shall 
allow for reasonable collocation by other providers of services that 
would meet the technological requirements of Mobility Fund Phase I on 
newly constructed towers that the recipient owns or manages in the area 
for which it receives support. In addition, during this period, the 
recipient may not enter into facilities access arrangements that 
restrict any party to the arrangement from allowing others to collocate 
on the facilities.

[[Page 284]]

    (e) Voice and data roaming obligations. During the period when a 
recipient shall file annual reports pursuant to Sec.  54.1009, the 
recipient shall comply with the Commission's voice and data roaming 
requirements that were in effect as of October 27, 2011, on networks 
that are built through Mobility Fund Phase I support.
    (f) Liability for failing to satisfy public interest obligations. A 
winning bidder authorized to receive Mobility Fund Phase I support that 
fails to comply with the public interest obligations in this paragraph 
or any other terms and conditions of the Mobility Fund Phase I support 
will be subject to repayment of the support disbursed together with an 
additional performance default payment. Such a winning bidder may be 
disqualified from receiving Mobility Fund Phase I support or other USF 
support. The additional performance default amount will be a percentage 
of the Mobility Fund Phase I support that the winning bidder has been 
and is eligible to request be disbursed to it pursuant to Sec.  54.1008. 
The percentage will be determined as specified in the public notice 
detailing competitive bidding procedures prior to the commencement of 
competitive bidding. The percentage will not exceed twenty percent.



Sec.  54.1007  Letter of credit.

    (a) Before being authorized to receive Mobility Fund Phase I 
support, a winning bidder shall obtain an irrevocable standby letter of 
credit which shall be acceptable in all respects to the Commission. Each 
winning bidder authorized to receive Mobility Fund Phase I support shall 
maintain its standby letter of credit or multiple standby letters of 
credit in an amount equal to the amount of Mobility Fund Phase I support 
that the winning bidder has been and is eligible to request be disbursed 
to it pursuant to Sec.  54.1008 plus the additional performance default 
amount described in Sec.  54.1006(f), until at least 120 days after the 
winning bidder receives its final distribution of support pursuant to 
Sec.  54.1008(b)(3).
    (1) 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 that
    (A) Is among the 50 largest United States banks, determined on the 
basis of total assets as of the end of the calendar year immediately 
preceding the issuance of the letter of credit,
    (B) Whose deposits are insured by the Federal Deposit Insurance 
Corporation, and
    (C) Who has a long-term unsecured credit rating issued by Standard & 
Poor's of A- or better (or an equivalent rating from another nationally 
recognized credit rating agency); or
    (ii) Any non-U.S. bank that
    (A) Is among the 50 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 in the District of Columbia or such other 
branch office agreed to by the Commission,
    (C) Has a long-term unsecured credit rating issued by a widely-
recognized credit rating agency that is equivalent to an A- or better 
rating by Standard & Poor's, and
    (D) Issues the letter of credit payable in United States dollars.
    (2) [Reserved]
    (b) A winning bidder for Mobility Fund Phase I 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.
    (c) Authorization to receive Mobility Fund Phase I support is 
conditioned upon full and timely performance of all of the requirements 
set forth in Sec.  54.1006 and any additional terms and conditions upon 
which the support was granted.
    (1) Failure by a winning bidder authorized to receive Mobility Fund 
Phase I support to comply with any of the requirements set forth in 
Sec.  54.1006 or any other term or conditions upon which support was 
granted, or its loss

[[Page 285]]

of eligibility for any reason for Mobility Fund Phase I support, will be 
deemed an automatic performance default, will entitle the Commission to 
draw the entire amount of the letter of credit, and may disqualify the 
winning bidder from the receipt of Mobility Fund Phase I support or 
additional USF support.
    (2) A performance default will be evidenced by a letter issued by 
the Chief of either the Wireless Bureau or Wireline 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.



Sec.  54.1008  Mobility Fund Phase I disbursements.

    (a) A winning bidder for Mobility Fund Phase I support will be 
advised by public notice whether it has been authorized to receive 
support. The public notice will detail how disbursement will be made 
available.
    (b) Mobility Fund Phase I support will be available for disbursement 
to authorized winning bidders in three stages.
    (1) One-third of the total possible support, if coverage were to be 
extended to 100 percent of the units deemed unserved in the geographic 
area, when the winning bidder is authorized to receive support.
    (2) One-third of the total possible support with respect to a 
specific geographic area when the recipient demonstrates coverage of 50 
percent of the coverage requirements of Sec.  54.1006(a) or (b), as 
applicable.
    (3) The remainder of the total support, based on the final total 
units covered, when the recipient demonstrates coverage meeting the 
requirements of Sec.  54.1006(a) or (b), as applicable.
    (c) A recipient accepting a final disbursement for a specific 
geographic area based on coverage of less than 100 percent of the units 
in the area previously deemed unserved waives any claim for the 
remainder of potential Mobility Fund Phase I support with respect to 
that area.
    (d) Prior to each disbursement request, a winning bidder for support 
in a Tribal land will be required to certify that it has substantively 
engaged appropriate Tribal officials regarding the issues specified in 
Sec.  54.1004(d)(1), at a minimum, as well as any other issues specified 
by the Commission and to provide a summary of the results of such 
engagement.
    (e) Prior to each disbursement request, a winning bidder will be 
required to certify that it is in compliance with all requirements for 
receipt of Mobility Fund Phase I support at the time that it requests 
the disbursement.



Sec.  54.1009  Annual reports.

    (a) A winning bidder authorized to receive Mobility Fund Phase I 
support shall submit an annual report no later than July 1 in each year 
for the five years after it was so authorized. Each annual report shall 
include the following, or reference the inclusion of the following in 
other reports filed with the Commission for the applicable year:
    (1) Electronic Shapefiles site coverage plots illustrating the area 
newly reached by mobile services at a minimum scale of 1:240,000;
    (2) A list of relevant census blocks previously deemed unserved, 
with road miles and total resident population and resident population 
residing in areas newly reached by mobile services (based on Census 
Bureau data and estimates);
    (3) If any such testing has been conducted, data received or used 
from drive tests, or scattered site testing in areas where drive tests 
are not feasible, analyzing network coverage for mobile services in the 
area for which support was received;
    (4) Certification that the applicant offers service in supported 
areas at rates that are within a reasonable range of rates for similar 
service plans offered by mobile wireless providers in urban areas;
    (5) Any applicable certifications and showings required in Sec.  
54.1004; and
    (6) Updates to the information provided in Sec.  54.1005(b)(2)(v).
    (b) The party submitting the annual report must certify that they 
have been authorized to do so by the winning bidder.

[[Page 286]]

    (c) Each annual report shall be submitted to the Office of the 
Secretary of the Commission, clearly referencing GN Docket No. 20-104; 
the Administrator; and the relevant state commissions, relevant 
authority in a U.S. Territory, or Tribal governments, as appropriate.

[76 FR 73877, Nov. 29, 2011, as amended at 77 FR 30915, May 24, 2012; 85 
FR 34527, June 5, 2020]



Sec.  54.1010  Record retention for Mobility Fund Phase I.

    A winning bidder authorized to receive Mobility Fund Phase I support 
and its agents are required to retain any documentation prepared for, or 
in connection with, the award of Mobility Fund Phase I support for a 
period of not less than ten (10) years after the date on which the 
winning bidder receives its final disbursement of Mobility Fund Phase I 
support.



Sec.  54.1011  5G Fund.

    (a) The Commission will use competitive bidding, as provided in part 
1, subpart AA, of this chapter, to determine the recipients of support 
available through the 5G Fund and the amount(s) of support that they may 
receive for specific geographic areas, subject to applicable post-
auction procedures.
    (b) 5G Fund support will be awarded in two phases using multi-round, 
descending clock auctions.
    (c) Areas eligible for 5G Fund Phase I support will be those areas 
identified by the Office of Economics and Analytics and Wireline 
Competition Bureau in a public notice as showing a lack of 4G Long Term 
Evolution (LTE) and 5G coverage on an unsubsidized basis based on the 
mobile broadband coverage maps created by the Commission using coverage 
data submitted in the Digital Opportunity Data Collection pursuant to 
Sec.  1.7004(c)(3).
    (d) The Commission will incorporate an adjustment factor into the 5G 
Fund auction design that will assign a weight to each geographic area 
eligible in the 5G Fund Phase I auction using the adjustment factor 
values adopted by the Office of Economics and Analytics and Wireline 
Competition Bureau and announced in a public notice.
    (e) The Commission will incorporate an adjustment factor into the 
methodology for disaggregation of high-cost legacy support pursuant to 
Sec.  54.307(e)(5)(iii) and (e)(5)(iv) that will assign a weight to each 
geographic area using the adjustment factor values adopted by the Office 
of Economics and Analytics and Wireline Competition Bureau and announced 
in a public notice.



Sec.  54.1012  Geographic areas eligible for support.

    (a) 5G Fund support will be made available for geographic areas 
identified as eligible by public notice.
    (b) Coverage units for purposes of conducting competitive bidding 
and disbursing support based on square kilometers will be identified by 
public notice for each area eligible for support.



Sec.  54.1013  Applicant eligibility.

    (a) An applicant for 5G Fund support shall be an eligible 
telecommunications carrier in an area in order to receive 5G Fund 
support for that area. The applicant may obtain its designation as an 
eligible telecommunications carrier after the close of a 5G Fund 
auction, provided that the applicant submits proof of its designation 
within 180 days after the release of the public notice identifying the 
applicant as a winning bidder. The eligible telecommunications carrier 
service area of a 5G Fund support recipient will not be required to 
conform to the service area of the rural telephone company serving the 
same area. An applicant for 5G Fund support shall not receive such 
support prior to the submission of proof of its designation as an 
eligible telecommunications carrier. After such submission, the eligible 
telecommunications carrier shall receive a balloon payment that will 
consist of the carrier's monthly 5G Fund support amount multiplied by 
the number of whole months between the first day of the month after the 
close of the auction and the issuance of the public notice authorizing 
the carrier to receive 5G Fund support.
    (b) An applicant must have exclusive access to Commission licensed 
spectrum and sufficient bandwidth in an

[[Page 287]]

area that enables it to satisfy the performance requirements specified 
in Sec.  54.1015 in order to receive 5G Fund support for that area. The 
applicant shall describe its access to spectrum as specified in Sec.  
54.1014(a)(3) and certify, in a form acceptable to the Commission, that 
it has such access and sufficient bandwidth (at a minimum, 10 megahertz 
x 10 megahertz using frequency division duplex (FDD) or 20 megahertz 
using time division duplex (TDD)) in each area in which it intends to 
bid for support at the time it applies to participate in competitive 
bidding, and that it will retain such access for at least ten (10) years 
after the date on which it is authorized to receive support. A winning 
bidder that applies for 5G Fund support applicant shall describe its 
access to spectrum as specified in Sec.  54.1014(b)(2)(v) at the time it 
applies for support and certify, in a form acceptable to the Commission, 
that it has such access and sufficient bandwidth (at a minimum, 10 
megahertz x 10 megahertz using frequency division duplex (FDD) or 20 
megahertz using time division duplex (TDD)) in each area in which it is 
applying for support, and that it will retain such access for at least 
ten (10) years after the date on which it is authorized to receive 
support.
    (c) An applicant shall certify that it is financially and 
technically qualified to provide the services supported by the 5G Fund 
within the ten (10) year support term in each geographic area for which 
it seeks and is authorized to receive support.



Sec.  54.1014  Application process.

    (a) Application to participate in competitive bidding for 5G Fund 
support. In addition to providing the 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 5G 
Fund support shall:
    (1) Certify that the applicant is financially and technically 
capable of meeting the public interest obligations and performance 
requirements in Sec.  54.1015 in each area for which it seeks support;
    (2) Disclose its status as an eligible telecommunications carrier in 
any area for which it will seek support and associated study area 
code(s) or as an entity that will file an application to become an 
eligible telecommunications carrier in any such area after being 
identified as a winning bidder for such area in a 5G Fund auction, and 
certify that the disclosure is accurate;
    (3) Describe the Commission licensed spectrum to which the applicant 
has exclusive access that the applicant plans to use to meet its public 
interest obligations and performance requirements in areas for which it 
will bid for support, including whether the applicant currently holds a 
license for or leases the spectrum, including any necessary renewal 
expectancy, and whether such spectrum access is contingent upon 
receiving support in a 5G Fund auction, the license applicable to the 
spectrum to be accessed, the type of service covered by the license, the 
particular frequency band(s), the call sign, and the total amount of 
bandwidth (in megahertz) to which the applicant has access under the 
license applicable to the spectrum to be accessed, and certify that the 
description is accurate, that the applicant has access to spectrum in 
each area for which it intends to bid for support, and that the 
applicant will retain such access for at least ten (10) years after the 
date on which it is authorized to receive 5G Fund support;
    (4) Submit specified operational and financial information;
    (i) Indicate whether the applicant has been providing mobile 
wireless voice and/or mobile wireless broadband service for at least 
three years prior to the short-form application deadline (or is a 
wholly-owned subsidiary of an entity that has been providing such 
service for at least three years). An applicant for a 5G Fund auction 
will be deemed to have started providing mobile wireless broadband 
service on the date it began commercially offering service to end users. 
If the applicant is applying as a consortium or joint venture, the 
applicant will be permitted to rely on the length of time a member of 
the consortium or joint venture has been providing mobile service prior 
to the short-form application deadline in responding to this question;

[[Page 288]]

    (ii) If the applicant has been providing mobile wireless voice and/
or mobile wireless broadband service for at least three years prior to 
the short-form application deadline (or is a wholly-owned subsidiary of 
an entity that has been providing such service for at least three 
years), it must:
    (A) Certify that the applicant has been providing mobile wireless 
voice and/or mobile wireless broadband service for at least three years 
prior to the short-form application deadline (or is a wholly-owned 
subsidiary of an entity that has been providing such service for at 
least three years),
    (B) Specify the number of years it (or its parent company, if it is 
a wholly-owned subsidiary) has been providing such service,
    (C) Certify that it (or its parent company, if it is a wholly-owned 
subsidiary) has submitted mobile wireless voice and/or mobile wireless 
broadband data as required on FCC Form 477 and/or in the Digital 
Opportunity Data Collection, as applicable, during that time period,
    (D) Provide each of the FCC Registration Numbers (FRNs) that the 
applicant or its parent company (and in the case of a holding company 
applicant, its operating companies) has used to submit mobile wireless 
voice and/or mobile wireless broadband data on FCC Form 477 and/or in 
the Digital Opportunity Data Collection, as applicable, during that time 
period.
    (iii) If the applicant has been providing mobile wireless voice and/
or mobile wireless broadband service for fewer than three years prior to 
the application deadline (or is not a wholly-owned subsidiary of an 
entity that has been providing such service for at least three years), 
it must:
    (A) submit information concerning its operational history and a 
preliminary project description as prescribed by the Commission or the 
Office of Economics and Analytics and the Wireline Competition Bureau in 
a public notice;
    (B) submit a letter of interest from a qualified bank that meets the 
qualifications set forth in Sec.  54.1016 stating that the bank would 
provide a letter of credit as described in section to the applicant if 
the applicant becomes a winning bidder for bids of a certain dollar 
magnitude, as well as the maximum dollar amount for which the bank would 
be willing to issue a letter of credit to the applicant; and
    (C) submit a statement that the bank would be willing to issue a 
letter of credit that is substantially in the same form as the 
Commission's model letter of credit.
    (5) Certify that it will be subject to a forfeiture pursuant to 
Sec.  1.21004 in the event of an auction default; and
    (6) Certify that the party submitting the application is authorized 
to do so on behalf of the applicant.
    (b) Application by winning bidders for 5G Fund support--(1) 
Deadline. Unless otherwise provided by public notice, winning bidders 
for 5G Fund support shall file an application for 5G Fund support no 
later than ten (10) business days after the public notice identifying 
them as winning bidders.
    (2) Application contents. An application for 5G Fund 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) Updated information regarding the agreements, arrangements, or 
understandings related to 5G Fund support disclosed in the application 
to participate in competitive bidding for 5G Fund support. A winning 
bidder may also be required to disclose in its application for 5G Fund 
support the specific terms, conditions, and parties involved in any 
agreement into which it has entered and the agreement itself;
    (iii) Certification that the applicant is financially and 
technically capable of providing the required coverage and performance 
levels within the specified timeframe in the geographic areas in which 
it won support;
    (iv) Proof of the applicant's status as an eligible 
telecommunications carrier, or a statement that the applicant will 
become an eligible telecommunications carrier in any area for which it 
seeks support within 180 days of the public notice identifying them as 
winning bidders, and certification that the proof is accurate;

[[Page 289]]

    (v) A description of the Commission licensed spectrum to which the 
applicant has exclusive access that the applicant plans to use to meet 
its public interest obligations and performance requirements in areas 
for which it is winning bidder for support, including whether the 
applicant currently holds a license for or leases the spectrum, along 
with any necessary renewal expectancy, the license applicable to the 
spectrum to be accessed, the type of service covered by the license, the 
particular frequency band(s), the call sign, and the total amount of 
bandwidth (in megahertz) to which the applicant has access under the 
license applicable to the spectrum to be accessed, and certification 
that the description is accurate, that the winning bidder has access to 
spectrum in each area for which it is applying for support, and that the 
applicant will retain such access for the entire ten (10) year 5G Fund 
support term;
    (vi) A detailed project description that describes the network to be 
built, identifies the proposed technology, demonstrates that the project 
is technically feasible, discloses the complete project budget, and 
discusses each specific phase of the project (e.g., network design, 
construction, deployment, and maintenance), as well as a complete 
project schedule, including timelines, milestones, and costs;
    (vii) Certifications that the applicant has available funds for all 
project costs that exceed the amount of support to be received from 5G 
Fund and that the applicant will comply with all program requirements, 
including the public interest obligations and performance requirements 
set forth in Sec.  54.1015;
    (viii) Any guarantee of performance that the Commission may require 
by public notice or other proceedings, including but not limited to the 
letters of credit and opinion letter required in Sec.  54.1016, or a 
written commitment from an acceptable bank, as defined in Sec.  54.1016, 
to issue such a letter of credit;
    (ix) Certification that the applicant will offer services in 
supported areas at rates that are reasonably comparable to the rates the 
applicant charges in urban areas;
    (x) Certification that the party submitting the application is 
authorized to do so on behalf of the applicant; and
    (xi) Such additional information as the Commission may require.
    (3) 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 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 5G 
Fund support, after the winning bidder submits a Letter of Credit and an 
accompanying opinion letter from its outside legal counsel as required 
by Sec.  54.1016, in a form acceptable to the Commission, and any final 
designation as an eligible telecommunications carrier that any applicant 
may still require. Each such winning bidder shall submit a Letter of 
Credit and an accompanying opinion letter from its outside legal counsel 
as required by Sec.  54.1016, in a form acceptable to the Commission, 
and any required final designation as an eligible

[[Page 290]]

telecommunications carrier no later than ten (10) business days 
following the release of the public notice.
    (vi) After receipt of all necessary information, a public notice 
will identify each winning bidder that is authorized to receive 5G Fund 
support.

    Effective Date Note: At 85 FR 75822, Nov. 25, 2020, Sec.  54.1014 
was revised, however, paragraphs (a) and (b)(2) have a delayed effective 
date.



Sec.  54.1015  Public interest obligations and performance requirements for 5G Fund support recipients.

    (a) General. A 5G Fund support recipient shall deploy voice and 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) Interim and final service milestones and deadlines. A 5G Fund 
support recipient shall deploy 5G service as specified in paragraph (a) 
of this section as follows:
    (1) Year three interim service milestone deadline. A support 
recipient shall deploy service that meets the 5G Fund performance 
requirements as specified in paragraph (c) of this section to at least 
40 percent of the total square kilometers associated with the eligible 
areas for which it is authorized to receive 5G Fund support in a state 
no later than December 31 of the third full calendar year following 
authorization of support.
    (2) Year four interim service milestone deadline. A support 
recipient shall deploy service that meets the 5G Fund performance 
requirements as specified in paragraph (c) of this section to at least 
60 percent of the total square kilometers associated with the eligible 
areas for which it is authorized to receive 5G Fund support in a state 
no later than December 31 of the fourth full calendar year following 
authorization of support.
    (3) Year five interim service milestone deadline. A recipient shall 
deploy service that meets the 5G Fund performance requirements as 
specified in paragraph (c) of this section to at least 80 percent of the 
total square kilometers associated with the eligible areas for which it 
is authorized to receive 5G Fund support in a state no later than 
December 31 of the fifth full calendar year following authorization of 
support.
    (4) Year six final service milestone deadline. A support recipient 
shall deploy service that meets the 5G Fund performance requirements as 
specified in paragraph (c) of this section to at least 85 percent of the 
total square kilometers associated with the eligible areas for which it 
is authorized to receive 5G Fund support in a state no later than 
December 31 of the sixth full calendar year following funding 
authorization. In addition, a recipient shall deploy service meeting the 
5G Fund performance requirements as specified in paragraph (c) of this 
section to at least 75 percent of the total square kilometers associated 
with every census tract or census block group for which it was 
authorized to receive 5G Fund support no later than December 31 of the 
sixth full calendar year following authorization of support.
    (5) Optional year two interim service milestone deadline. A support 
recipient may, at its option, deploy service that meets the 5G Fund 
performance requirements as specified in paragraph (c) of this section 
to at least 20 percent of the total square kilometers associated with 
the eligible areas for which it is authorized to receive 5G Fund support 
in a state no later than December 31 of the second full calendar year 
following funding authorization. Meeting this optional interim service 
milestone would permit the support recipient, after confirmation of the 
service deployment by the Administrator, to reduce its letter of credit 
so that it is valued at an amount equal to one year of support as 
described in Sec.  54.1016(a)(1)(v).
    (c) Performance requirements. A recipient authorized to receive 5G 
Fund support shall meet the following minimum baseline performance 
requirements for data speeds, data latency, and data allowances in areas 
where it receives support:

[[Page 291]]

    (1) Median 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; and
    (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.
    (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 by public notice.
    (d) Collocation obligations. During the 5G Fund support term, a 
recipient authorized to receive 5G Fund support shall allow for 
reasonable collocation by other carriers of services that would meet the 
technological requirements of the 5G Fund on all newly constructed cell-
site infrastructure constructed with universal service funds that it 
owns or manages in the area(s) for which it receives 5G Fund support. In 
addition, during the 5G Fund support term, the recipient may not enter 
into facilities access arrangements that restrict any party to the 
arrangement from allowing others to collocate on the newly constructed 
cell-site infrastructure.
    (e) Voice and data roaming obligations. A recipient authorized to 
receive 5G Fund support shall comply with the Commission's voice and 
data roaming requirements that are currently in effect on networks that 
are built with 5G Fund support.
    (f) Reasonably comparable rates. A recipient authorized to receive 
5G Fund support shall offer its services in the areas for which it is 
authorized to receive 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 5G Fund 
support recipient'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 recipient 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 rural stand-alone voice service plans and one rural service 
plan offering data are substantially similar to plans it offers in urban 
areas.
    (2) If the recipient 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 rural plans are reasonably comparable, along with 
submission of corroborating evidence that its rates are reasonably 
comparable, such as marketing materials from the identified carrier.
    (g) Liability for failure to comply with performance requirements 
and public interest obligations. A support recipient that fails to 
comply with the performance requirements set forth in paragraph (c) of 
this section is subject to the non-compliance measures set forth in 
Sec.  54.1020. A support recipient that fails to comply with the public 
interest obligations or any other terms and conditions associated with 
receiving 5G Fund support may be subject to action, including the 
Commission's existing enforcement procedures and penalties, reductions 
in support amounts, revocation of eligible telecommunications carrier 
designation, and suspension or debarment pursuant to Sec.  54.8.



Sec.  54.1016  Letter of credit.

    (a) Before being authorized to receive 5G Fund support, a winning 
bidder shall obtain an irrevocable standby letter of credit which shall 
be acceptable in all respects to the Commission.
    (1) Each winning bidder that becomes authorized to receive 5G Fund 
support shall maintain the standby letter of credit in an amount equal 
to, at a minimum, one year of support, until the Administrator has 
verified that the support recipient serves at least 85 percent of the 
eligible square kilometers for which it is authorized to receive

[[Page 292]]

support in a state, and at least 75 percent of the eligible square 
kilometers in each eligible census tract, by the Year Six Final Service 
Milestone..
    (i) For Year One of a support recipient's support term, it must 
obtain a letter of credit valued at an amount equal to one year of 
support.
    (ii) For Year Two of a support recipient's support term, it must 
obtain a letter of credit valued at an amount equal to eighteen months 
of support.
    (iii) For Year Three of a support recipient's support term, it must 
obtain a letter of credit valued at an amount equal to two years of 
support.
    (iv) For Year Four of a support recipient's support term, and for 
each year thereafter unless the support recipient is allowed to reduce 
it pursuant to Sec.  54.1015(b), it must obtain a letter of credit 
valued at an amount equal to three years of support.
    (v) A support recipient may obtain a new letter of credit or renew 
its existing letter of credit so that it is valued at an amount equal to 
one year of support once it meets its optional or required service 
milestones as specified in Sec.  54.1015(b). The recipient may obtain or 
renew this letter of credit upon verification by the Administrator that 
it has deployed service that meets the 5G Fund deadlines as specified in 
Sec.  54.1015(b) and performance requirements as specified in Sec.  
54.1015(c). The recipient may maintain its letter of credit at this 
level for the remainder of its deployment term, so long as the 
Administrator verifies that the recipient successfully and timely meets 
its remaining required interim and final service milestones.
    (vi) A support recipient that fails to meet its required interim 
service milestones must obtain a new letter of credit or renew its 
existing letter of credit valued at an amount equal to its existing 
letter of credit, plus an additional year of support, up to a maximum of 
three years of support.
    (vii) A support recipient that fails to meet two or more required 
interim service milestones must maintain a letter of credit valued at an 
amount equal to three years of support and may be subject to additional 
noncompliance penalties as set forth in Sec.  54.1020.
    (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
    (i) Located in the District of Columbia; or
    (ii) Located in New York City, New York, or such other branch office 
agreed to by the Commission, that will accept a letter of credit 
presentation from the Administrator via overnight courier, in addition 
to in-person presentations; and
    (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.

[[Page 293]]

    (b) Before being authorized to receive 5G Fund support, a winning 
bidder shall obtain an opinion letter from its outside 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''), that 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, 
or the bankruptcy estate of any other winning bidder-related entity 
requesting issuance of the letter of credit, under section 541 of the 
Bankruptcy Code.
    (c) Authorization to receive 5G Fund support is conditioned upon 
full and timely performance of all of the performance requirements set 
forth in Sec.  54.1015(c), and any additional terms and conditions upon 
which the support was granted.
    (1) Failure by a 5G Fund support recipient to meet any of the 
service milestones set forth in Sec.  54.1015(b) will trigger reporting 
obligations and the withholding of support as described in Sec.  
54.1020. Failure to come into full compliance during the relevant cure 
period as described in Sec.  54.1020(b)(4)(ii) or Sec.  54.1020(c) will 
trigger a recovery action by the Administrator set forth in Sec.  
54.1020(b)(4)(ii) or Sec.  54.1020(c), as applicable. If the recipient 
authorized to receive 5G Fund support does not repay the requisite 
amount of support within six months, the Administrator will be entitled 
to draw upon the entire amount of the letter of credit and may 
disqualify the 5G Fund support recipient from the receipt of 5G Fund 
support or additional universal service support.
    (2) The default will be evidenced by a letter issued by the Chief of 
the Wireline Competition Bureau, or its respective designees, which 
letter, describing the performance default and 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.

    Effective Date Note: At 85 FR 75822, Nov. 25, 2020, Sec.  54.1016 
was revised, however, paragraph (b) has a delayed effective date.



Sec.  54.1017  5G Fund support disbursements.

    (a) A winning bidder of 5G Fund support will be advised by public 
notice whether it has been authorized to receive support.
    (b) 5G Fund support will be disbursed on a monthly basis to a 
recipient for ten (10) years following the date on which it is 
authorized to receive support.
    (c) If a 5G Fund support recipient fails to comply with the 
performance requirements of the 5G Fund, the Administrator shall reduce, 
pause, or freeze, the monthly payments to the recipient until the 
recipient cures the non-compliance, as provided in Sec.  54.1020. As set 
forth in Sec.  54.1015(g), if a support recipient fails to comply with 
the public interest obligations or any other terms and conditions 
associated with receiving 5G Fund support, it may be subject reductions 
or suspension of support amounts.
    (d) A winning bidder of 5G Fund support may not use such support to 
fulfill any enforceable commitments with the Commission to deploy 5G 
service.



Sec.  54.1018  Annual reports.

    (a) A 5G Fund support recipient authorized to receive 5G Fund 
support shall submit an annual report to the Administrator no later than 
July 1 of each year after the year in which it was authorized to receive 
support. Each support recipient shall certify in its annual report that 
it is in compliance with the public interest obligations, performance 
requirements, and all of the terms and conditions associated with the 
receipt of 5G Fund support in order to continue receiving 5G Fund 
support disbursements.
    (b) All 5G Fund support recipients shall supplement the information 
provided in an annual report to the Administrator within 10 business 
days from the onset of any reduction in the percentage of the total 
eligible square kilometers being served in a state after the filing of 
an annual certification report or in the event of any failure to comply 
with any of the 5G Fund requirements.

[[Page 294]]

    (c) The party submitting the annual report must certify that it has 
been authorized to do so by the 5G Fund support recipient.
    (d) Each annual report shall be submitted solely via the 
Administrator's online portal.
    (1) The Commission and the Administrator shall treat infrastructure 
data submitted as part of such a report as presumptively confidential.
    (2) The Administrator shall make such reports available to the 
Commission and to the relevant state, territory, and Tribal governmental 
entities, as applicable.
    (e) A 5G Fund support recipient 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 annual report must be reported as an update to the 
submitted annual report within ten (10) business days after the 
reportable event occurs.
    (f) The Commission shall retain the authority to look behind 5G Fund 
support recipients' annual reports and to take action to address any 
violations.

    Effective Date Note: At 85 FR 75822, Nov. 25, 2020, Sec.  54.1018 
was revised, however, paragraphs (a), (b) and (c) have a delayed 
effective date.



Sec.  54.1019  Interim service and final service milestone reports.

    (a) A recipient authorized to receive 5G Fund support shall submit a 
report to the Administrator on or before March 1 after the third, 
fourth, fifth, and sixth service milestone deadlines established in 
Sec.  54.1015(b) demonstrating that it has deployed service meeting the 
5G Fund performance requirements specified in Sec.  54.1015(c), which 
shall include the following:
    (1) Certifications to representative data submitted in the Digital 
Opportunity Data Collection or as part of FCC Form 477, as applicable, 
demonstrating mobile transmissions to and from the network that 
establish compliance with the 5G Fund coverage, speed, and latency 
requirements;
    (2) On-the-ground measurement tests to substantiate 5G broadband 
coverage data:
    (i) With at least three tests conducted per square kilometer, 
measured by overlaying a uniform grid of one square kilometer (1 km by 1 
km) on the recipient's submitted in-vehicle 5G coverage maps within the 
area for which 5G Fund support was awarded;
    (ii) For a subset of drive-testable grid cells, such that the 
minimum percentage of drive-testable grid cells tested equals the 
minimum percentage of coverage required for each service buildout 
milestone (i.e., interim milestones of 40 percent, 60 percent, and 80 
percent, and the final milestone of 85 percent), with previously 
reported testing being cumulative; and
    (iii) Where a drive-testable grid cell is any grid cell that has 
more than the de minimis amount of total roads specified in a public 
notice, based upon the most recent roadway data from the U.S. Census 
Bureau available for this purpose, considering roads classified in the 
primary road (S1100), secondary road (S1200), local road (S1400), and 
service drive (S1640) categories.
    (3) Detailed cell-site and sector infrastructure information; and
    (4) Additional information as required by the Commission in a public 
notice.
    (b) All data submitted and certified to in compliance with a 
recipient's public interest obligations in the milestone report shall be 
in compliance with standards set forth in the applicable public notice 
and shall be certified by a professional engineer.
    (c) Each service milestone report shall be submitted solely via the 
Administrator's online portal.
    (d) All data submitted in and certified to in any service milestone 
report shall be subject to verification by the Administrator for 
compliance with the 5G Fund performance requirements specified in Sec.  
54.1015(c).

    Effective Date Note: At 85 FR 75822, Nov. 25, 2020, Sec.  54.1019 
was revised, however, paragraphs (a)(1) through (a)(4) have a delayed 
effective date.



Sec.  54.1020  Non-compliance measures for 5G Fund support recipients.

    (a) General. A 5G Fund support recipient that has not deployed 
service that meets the 5G Fund performance requirements specified in 
Sec.  54.1015(c) to at

[[Page 295]]

least 20 percent of the total square kilometers associated with the 
eligible areas for which it is authorized to receive support in a state 
by the Year Three Interim Service Milestone deadline must notify the 
Commission and the Administrator within ten (10) business days after the 
Year Three Interim Service Milestone deadline that it failed to meet 
this milestone. Upon such notification, the support recipient will be 
deemed to be in default. The Wireline Competition Bureau will issue a 
letter evidencing the default and the support recipient will be subject 
to full support recovery. The provisions of paragraph (b) of this 
section will not be applicable to such a support recipient.
    (b) Interim service milestones. A 5G Fund support recipient must 
notify the Commission, the Administrator, and the relevant state, U.S. 
Territory, or Tribal government, if applicable, within ten (10) business 
days after the applicable interim service milestone deadline if it has 
failed to meet an interim milestone. Upon notification that a support 
recipient has defaulted on an interim service milestone, the Wireline 
Competition Bureau will issue a letter evidencing the default. For 
purposes of determining whether a default has occurred, the support 
recipient must be offering service meeting the requisite performance 
requirements specified in Sec.  54.1015(c). The issuance of this letter 
shall initiate reporting obligations and withholding of a percentage of 
the 5G Fund support recipient's total monthly 5G Fund support, if 
applicable, starting the month after issuance of the letter:
    (1) Tier 1. If a support recipient has a compliance gap of at least 
five percent but less than 15 percent of the total square kilometers 
associated with the eligible areas in a state for which it is to have 
deployed service that meets the 5G Fund performance requirements 
specified in Sec.  54.1015(c) by the interim service milestone, the 
Wireline Competition Bureau will issue a letter to that effect. Starting 
three months after the issuance of this letter, a support recipient will 
be required to file a report with the Administrator every three months 
that identifies the eligible square kilometers to which the support 
recipient has newly deployed facilities capable of delivering service 
that meets the requisite 5G Fund performance requirements in the 
previous quarter. The support recipient must continue to file quarterly 
reports until it has reported, and the Administrator has verified, that 
it has reduced the compliance gap to less than five percent of the total 
square kilometers associated with the eligible areas for which it is 
authorized to receive support in a state by that interim service 
milestone and the Wireline Competition Bureau issues a letter to that 
effect. A support recipient that files a quarterly report late, but 
within seven days after the due date established by the letter issued by 
the Wireline Competition Bureau for filing the report, will have its 5G 
Fund support reduced by an amount equivalent to seven days of support. 
If a support recipient does not file a report within seven days after 
the report's due date, it will have its 5G Fund support reduced on a 
pro-rata daily basis equivalent to the period of non-compliance, plus 
the minimum seven-day reduction, until such time as the quarterly report 
is filed.
    (2) Tier 2. If a support recipient has a compliance gap of at least 
15 percent but less than 25 percent of the total square kilometers 
associated with the eligible areas in a state for which it is to have 
deployed service that meets the 5G Fund performance requirements 
specified in Sec.  54.1015(c) by the interim service milestone, the 
Administrator will withhold 15 percent of the support recipient's 
monthly support for that state and the support recipient will be 
required to file quarterly reports with the Administrator. Once the 
support recipient has reported, and the Administrator has verified, that 
it has reduced the compliance gap to less than 15 percent of the 
required eligible square kilometers for that interim service milestone 
for that state, the Wireline Competition Bureau will issue a letter to 
that effect, the Administrator will stop withholding support, and the 
support recipient will receive all of the support that had been 
withheld. The support recipient will then move to Tier 1 status.
    (3) Tier 3. If a support recipient has a compliance gap of at least 
25 percent but less than 50 percent of the total

[[Page 296]]

square kilometers associated with the eligible areas in a state for 
which it is to have deployed service that meets the 5G Fund performance 
requirements specified in Sec.  54.1015(c) by the interim service 
milestone, the Administrator will withhold 25 percent of the support 
recipient's monthly support for that state and the support recipient 
will be required to file quarterly reports with the Administrator. Once 
the support recipient has reported, and the Administrator has verified, 
that it has reduced the compliance gap to less than 25 percent of the 
required eligible square kilometers for that interim service milestone 
for that state, the Wireline Competition Bureau will issue a letter to 
that effect, and the support recipient will move to Tier 2 or Tier 1 
status, as applicable.
    (4) Tier 4. If a support recipient has a compliance gap of 50 
percent or more of the total square kilometers associated with the 
eligible areas in a state for which it is to have deployed service that 
meets the 5G Fund performance requirements specified in Sec.  54.1015(c) 
by the interim service milestone:
    (i) The Administrator will withhold 50 percent of the support 
recipient's monthly support for that state and the support recipient 
will then be required to file quarterly reports with the Administrator. 
As with the other tiers, as the support recipient reports, and the 
Administrator verifies, that it has lessened the extent of its non-
compliance, and the Wireline Competition Bureau issues a letter to that 
effect, it will move through the tiers until it reaches Tier 1 (or no 
longer is out of compliance with the applicable interim service 
milestone).
    (ii) If after having 50 percent of its support withheld for six 
months, the support recipient has not reported that it is eligible for 
Tier 3 status (or one of the lower tiers), the Administrator will 
withhold 100 percent of the support recipient's forthcoming monthly 
support for that state and will commence a recovery action for a 
percentage of support that is equal to the support recipient's 
compliance gap plus 10 percent of the support recipient's support in 
that state that has been disbursed to that date.
    (5) If at any point prior to the Year Six Final Service Milestone 
the support recipient reports, and the Administrator verifies, that it 
is eligible for Tier 1 status or that it is no longer out of compliance 
with the 5G Fund performance requirements specified in Sec.  54.1015(c), 
it will have its support fully restored and the Administrator will repay 
any funds that were recovered or withheld.
    (c) Year six final service milestone. A 5G Fund support recipient 
must notify the Commission, the Administrator, and the relevant state, 
U.S. Territory, or Tribal government, if applicable, within 10 business 
days if it has failed to meet the Year Six Final Milestone. Upon 
notification that the support recipient has not met the Year Six Final 
Service Milestone, the support recipient will have twelve months from 
the date of the Year Six Final Milestone deadline to come into full 
compliance with this milestone. If the support recipient does not report 
that it has come into full compliance with the Year Six Final Milestone 
within twelve months, as verified by the Administrator, the Wireline 
Competition Bureau will issue a letter to this effect. Recipients of 5G 
Fund support shall be subject to the following non-compliance measures 
related to the recovery of support after this grace period:
    (1) If a support recipient has deployed service that meets the 5G 
Fund performance requirements specified in Sec.  54.1015(c) to at least 
80 percent of the total eligible square kilometers in a state, but less 
than the required 85 percent of the total eligible square kilometers in 
that state, the Administrator will recover an amount of support that is 
equal to 1.25 times the average amount of support per square kilometer 
that the support recipient has received in the state times the number of 
square kilometers unserved up to the 85 percent requirement;
    (2) If a support recipient has deployed service that meets the 5G 
Fund performance requirements specified in Sec.  54.1015(c) to at least 
75 percent, but less than 80 percent, of the total eligible square 
kilometers in that state, the Administrator will recover an amount of 
support that is equal to 1.5 times the average amount of support per 
square

[[Page 297]]

kilometer that the support recipient has received in the state times the 
number of square kilometers unserved up to the 85 percent requirement, 
plus 5 percent of the support recipient's total 5G Fund support for the 
10 year support term for that state;
    (3) If a support recipient has deployed service that meets the 5G 
Fund performance requirements specified in Sec.  54.1015(c) to less than 
75 percent of the total eligible square kilometers in a state, the 
Administrator will recover an amount of support that is equal to 1.75 
times the average amount of support per square kilometer that the 
support recipient has received in the state times the number of square 
kilometers unserved up to the 85 percent requirement, plus 10 percent of 
the support recipient's total 5G Fund support for the 10 year support 
term for that state.
    (d) Additional evidence required at year six final service milestone 
deadline. At the Year Six Final Service Milestone deadline, a 5G Fund 
support recipient is also required to provide evidence, which is subject 
to verification by the Administrator, that it has provided service that 
meets the 5G Fund performance requirements specified in Sec.  54.1015(c) 
to at least 75 percent of the total square kilometers for each census 
tract or census tract group in which it was authorized to receive 
support. If after the grace period permitted in paragraph (c) of this 
section the Administrator has not verified based on the evidence 
provided that the support recipient has provided service that meets the 
5G Fund performance requirements specified in Sec.  54.1015(c) to at 
least 75 percent of the total square kilometers for each census tract or 
census tract group in which it was authorized to receive support, the 
Administrator will recover an amount of support that is equal to 1.5 
times the average amount of support per square kilometer that the 
support recipient had received in the eligible area times the number of 
square kilometers unserved within that eligible area, up to the 75 
percent requirement.
    (e) Compliance reviews. If the Administrator determines subsequent 
to the Year Six Final Service Milestone that a support recipient does 
not have sufficient evidence to demonstrate that it continues to offer 
service that meets the 5G Fund performance requirements specified in 
Sec.  54.1015(c) to all of the eligible square kilometers in the state 
as required by the Year Six Final Service Milestone, the Administrator 
shall immediately recover a percentage of support from the support 
recipient as specified in paragraphs (c)(1) through(c)(3) and (d) of 
this section.

    Effective Date Note: At 85 FR 75822, Nov. 25, 2020, Sec.  54.1020 
was revised, however, paragraphs (a), (b), and (c)(1) and (c)(2) have a 
delayed effective date.



Sec.  54.1021  Record retention for the 5G Fund.

    A recipient authorized to receive 5G Fund support and its agents are 
required to retain any documentation prepared for, or in connection 
with, the award of the 5G Fund support for a period of not less than ten 
(10) years after the date on which the recipient receives its final 
disbursement of 5G Fund support.



      Subpart M_High Cost Loop Support for Rate-of-Return Carriers

    Source: 79 FR 39190, July 9, 2014, unless otherwise noted.



Sec.  54.1301  General.

    (a) This subpart addresses support for loop-related costs included 
in Sec.  54.1308. The expense adjustment calculated pursuant to this 
subpart M shall be added to interstate expenses and deducted from state 
expenses after expenses and taxes have been apportioned pursuant to 
subpart D of part 36 of this chapter. Beginning January 1, 2012, this 
subpart will only apply to incumbent local exchange carriers that are 
rate-of-return carriers not affiliated, as ``affiliated companies'' are 
defined in Sec.  32.9000 of this chapter, with price cap local exchange 
carriers. Rate-of-return carriers and price cap local exchange carriers 
are defined pursuant to Sec.  54.5 and Sec.  61.3(bb) of this chapter, 
respectively.
    (b) The expense adjustment will be computed on the basis of data for 
a preceding calendar year which may be updated at the option of the 
carrier pursuant to Sec.  54.1306(a).

[[Page 298]]



Sec.  54.1302  Calculation of incumbent local exchange carrier
portion of nationwide loop cost expense adjustment for
rate-of-return carriers.

    (a) Beginning January 1, 2013, and each calendar year thereafter, 
the total annual amount of the incumbent local exchange carrier portion 
of the nationwide loop cost expense adjustment shall not exceed the 
amount for the immediately preceding calendar year, multiplied times one 
plus the Rural Growth Factor calculated pursuant to Sec.  54.1303.
    (b) The annual rural incumbent local exchange carrier portion of the 
nationwide loop cost expense adjustment shall be reduced to reflect the 
transfer of rural incumbent local exchange carrier access lines that are 
eligible for expense adjustments pursuant to Sec.  54.1310. The 
reduction shall equal the amount of the Sec.  54.1310 expense adjustment 
available to the transferred access lines at the time of the transfer 
and shall be effective in the next calendar quarter after the access 
lines are transferred.
    (c) Safety net additive support calculated pursuant to Sec.  
54.1304, and transferred high-cost support and safety valve support 
calculated pursuant to Sec.  54.305 of this part shall not be included 
in the rural incumbent local exchange carrier portion of the annual 
nationwide loop cost expense adjustment.



Sec.  54.1303  Calculation of the rural growth factor.

    (a) The Rural Growth Factor (RGF) is equal to the sum of the annual 
percentage change in the United States Department of Commerce's Gross 
Domestic Product--Chained Price Index (GPD-CPI) plus the percentage 
change in the total number of rural incumbent local exchange carrier 
working loops during the calendar year preceding the July 31st filing 
submitted pursuant to Sec.  54.1305. The percentage change in total 
rural incumbent local exchange carrier working loops shall be based upon 
the difference between the total number of rural incumbent local 
exchange carrier working loops on December 31 of the calendar year 
preceding the July 31st filing and the total number of rural incumbent 
local exchange carrier working loops on December 31 of the second 
calendar year preceding that filing, both determined by the company's 
submissions pursuant to Sec.  54.1305. Loops acquired by rural incumbent 
local exchange carriers shall not be included in the RGF calculation.
    (b) Beginning July 31, 2012, pursuant to Sec.  54.1301(a), the 
calculation of the Rural Growth Factor shall not include price cap 
carrier working loops and rate-of-return local exchange carrier working 
loops of companies that were affiliated with price cap carriers during 
the calendar year preceding the July 31st filing submitted pursuant to 
Sec.  54.1305.



Sec.  54.1304  Calculation of safety net additive.

    (a) Safety net additive support. Only those local exchange carriers 
that qualified for safety net additive based on 2011 or prior year costs 
shall be eligible to receive safety net additive pursuant to paragraph 
(c) of this section. A local exchange carrier shall not receive safety 
net additive unless the carrier's realized total growth in 
Telecommunications Plant in Service (TPIS) was more than 14 percent in 
2011 or earlier, pursuant to paragraph (c) of this section.
    (b) Calculation of safety net additive support for companies that 
qualified based on 2011 or prior year costs. Safety net additive support 
is equal to the amount of capped support calculated pursuant to this 
subpart M in the qualifying year minus the amount of support in the year 
prior to qualifying for support subtracted from the difference between 
the uncapped expense adjustment for the study area in the qualifying 
year minus the uncapped expense adjustment in the year prior to 
qualifying for support as shown in the following equation: Safety net 
additive support = (Uncapped support in the qualifying year-Uncapped 
support in the base year)-(Capped support in the qualifying year-Amount 
of support received in the base year).
    (c) Operation of safety net additive support for companies that 
qualified based on 2011 or prior year costs. (1) In any year

[[Page 299]]

in which the total carrier loop cost expense adjustment is limited by 
the provisions of Sec.  54.1302, a rate-of-return incumbent local 
exchange carrier shall receive safety net additive support as calculated 
in paragraph (b) of this section, if in any study area, the rural 
incumbent local exchange carrier realizes growth in end of period TPIS, 
as prescribed in Sec.  32.2001, on a per loop basis, of at least 14 
percent more than the study area's TPIS per loop investment at the end 
of the prior period.
    (2) If paragraph (c)(1) of this section is met, the rural incumbent 
local exchange carrier must notify the Administrator; failure to 
properly notify the Administrator of eligibility shall result in 
disqualification of that study area for safety net additive, requiring 
the rural incumbent local exchange carrier to again meet the eligibility 
requirements in paragraph (c)(1) of this section for that study area in 
a subsequent period.
    (3) Upon completion of verification by the Administrator that the 
study area meets the stated criterion in paragraphs (a), (b), or (c) of 
this section, the Administrator shall:
    (i) Pay to any qualifying rural telephone company safety net 
additive support for the qualifying study area in accordance with the 
calculation set forth in paragraph (b) of this section; and
    (ii) Continue to pay safety net additive support in any of the four 
succeeding years in which the total carrier loop expense adjustment is 
limited by the provisions of Sec.  54.1302. Safety net additive support 
in the succeeding four years shall be the lesser of:
    (A) The sum of capped support and the safety net additive support 
received in the qualifying year; or
    (B) The rural telephone company's uncapped support.



Sec.  54.1305  Submission of information to the National Exchange Carrier Association (NECA).

    (a) In order to allow determination of the study areas and wire 
centers that are entitled to an expense adjustment pursuant to Sec.  
54.1310, each incumbent local exchange carrier (LEC) must provide the 
National Exchange Carrier Association (NECA) (established pursuant to 
part 69 of this chapter) with the information listed for each study area 
in which such incumbent LEC operates, with the exception of the 
information listed in paragraph (h) of this section, which must be 
provided for each study area. This information is to be filed with NECA 
by July 31st of each year. The information provided pursuant to 
paragraph (i) of this section must be updated pursuant to Sec.  54.1306. 
Rural telephone companies that acquired exchanges subsequent to May 7, 
1997, and incorporated those acquired exchanges into existing study 
areas shall separately provide the information required by paragraphs 
(b) through (i) of this section for both the acquired and existing 
exchanges.
    (b) Unseparated, i.e., state and interstate, gross plant investment 
in Exchange Line Cable and Wire Facilities (C&WF) Subcategory 1.3 and 
Exchange Line Central Office (CO) Circuit Equipment Category 4.13. This 
amount shall be calculated as of December 31st of the calendar year 
preceding each July 31st filing.
    (c) Unseparated accumulated depreciation and noncurrent deferred 
federal income taxes, attributable to Exchange Line C&WF Subcategory 1.3 
investment, and Exchange Line CO Circuit Equipment Category 4.13 
investment. These amounts shall be calculated as of December 31st of the 
calendar year preceding each July 31st filing, and shall be stated 
separately.
    (d) Unseparated depreciation expense attributable to Exchange Line 
C&WF Subcategory 1.3 investment, and Exchange Line CO Circuit Equipment 
Category 4.13 investment. This amount shall be the actual depreciation 
expense for the calendar year preceding each July 31st filing.
    (e) Unseparated maintenance expense attributable to Exchange Line 
C&WF Subcategory 1.3 investment and Exchange Line CO Circuit Equipment 
Category 4.113 investment. This amount shall be the actual repair 
expense for the calendar year preceding each July 31st filing.
    (f) Unseparated corporate operations expenses, operating taxes, and 
the benefits and rent proportions of operating expenses. The amount for 
each of these

[[Page 300]]

categories of expense shall be the actual amount for that expense for 
the calendar year preceding each July 31st filing. The amount for each 
category of expense listed shall be stated separately.
    (g) Unseparated gross telecommunications plant investment. This 
amount shall be calculated as of December 31st of the calendar year 
preceding each July 31st filing.
    (h) Unseparated accumulated depreciation and noncurrent deferred 
federal income taxes attributable to local unseparated 
telecommunications plant investment. This amount shall be calculated as 
of December 31st of the calendar year preceding each July 31st filing.
    (i) The number of working loops for each study 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. These figures shall be calculated as of December 
31st of the calendar year preceding each July 31st filing.
    (j) The number of consumer broadband-only loops for each study area, 
as defined in Sec.  54.901(g), calculated as of December 31st of the 
calendar year preceding each July 31st filing.

[79 FR 39190, July 9, 2014, as amended at 83 FR 18964, May 1, 2018]



Sec.  54.1306  Updating Information Submitted to the
National Exchange Carrier Association.

    (a) Any incumbent local exchange carrier subject to Sec.  54.1301(a) 
may update the information submitted to the National Exchange Carrier 
Association (NECA) on July 31st pursuant to Sec.  54.1305 one or more 
times annually on a rolling year basis according to the schedule.
    (1) Submit data covering the last nine months of the previous 
calendar year and the first three months of the existing calendar year 
no later than September 30th of the existing year;
    (2) Submit data covering the last six months of the previous 
calendar year and the first six months of the existing calendar year no 
later than December 30th of the existing year;
    (3) Submit data covering the last three months of the second 
previous calendar year and the first nine months of the previous 
calendar year no later than March 30th of the existing year.
    (b) [Reserved]



Sec.  54.1307  Submission of Information by the National
Exchange Carrier Association.

    (a) On October 1 of each year, the National Exchange Carrier 
Association (NECA) shall file with the Commission and Administrator the 
information listed below. Information filed with the Commission shall be 
compiled from information provided to NECA by telephone companies 
pursuant to Sec.  54.1305.
    (1) The unseparated loop cost for each study area and a nationwide-
average unseparated loop cost.
    (2) The annual amount of the high cost expense adjustment for each 
study area, and the total nationwide amount of the expense adjustment.
    (3) The dollar amount and percentage of the increase in the 
nationwide average unseparated loop cost, as well as the dollar amount 
and percentage increase for each study area, for the previous 5 years, 
or the number of years NECA has been receiving this information, 
whichever is the shorter time period.
    (b) [Reserved]



Sec.  54.1308  Study Area Total Unseparated Loop Cost.

    (a) For the purpose of calculating the expense adjustment, the study 
area total unseparated loop cost equals the sum of the following, 
however, subject to the limitations set forth in Sec.  54.303:
    (1) Return component for net unseparated Exchange Line C&WF 
subcategory 1.3 investment and Exchange Line CO Circuit Equipment 
Category 4.13 investment. This amount is calculated by deducting the 
accumulated depreciation and noncurrent deferred Federal income taxes 
attributable to C&WF Subcategory 1.3 investment and Exchange Line 
Category 4.13 circuit investment reported pursuant to Sec.  54.1305(b) 
from the gross investment

[[Page 301]]

in Exchange Line C&WF Subcategory 1.3 and CO Category 4.13 reported 
pursuant to Sec.  54.1305(a) to obtain the net unseparated C&WF 
Subcategory 1.3 investment, and CO Category 4.13 investment. The net 
unseparated C&WF Subcategory 1.3 investment and CO Category 4.13 
investment is multiplied by the study area's authorized interstate rate 
of return.
    (2) Depreciation expense attributable to C&WF Subcategory 1.3 
investment, and CO Category 4.13 investment as reported in Sec.  
54.1305(c).
    (3) Maintenance expense attributable to C&WF Subcategory 1.3 
investment, and CO Category 4.13 investment as reported in Sec.  
54.1305(d).
    (4) Corporate Operations Expenses, Operating Taxes and the benefits 
and rent portions of operating expenses, as reported in Sec.  54.1305(e) 
attributable to investment in C&WF Category 1.3 and COE Category 4.13. 
This amount is calculated by multiplying the total amount of these 
expenses and taxes by the ratio of the unseparated gross exchange plant 
investment in C&WF Category 1.3 and COE Category 4.13, as reported in 
Sec.  54.1305(a), to the unseparated gross telecommunications plant 
investment, as reported in Sec.  54.1305(f). Total Corporate Operations 
Expense for purposes of calculating high-cost loop support payments 
beginning January 1, 2012 shall be limited to the lesser of Sec.  
54.1308(a)(4)(i) or (ii).
    (i) The actual average monthly per-loop Corporate Operations 
Expense; or
    (ii) A monthly per-loop amount computed according to paragraphs 
(a)(4)(ii)(A) through (D) of this section. To the extent that some 
carriers' corporate operations expenses are disallowed pursuant to these 
limitations, the national average unseparated cost per loop shall be 
adjusted accordingly. For the purposes of this paragraph (a)(4)(ii), 
``total eligible lines'' refers to working loops as defined by this 
subpart and consumer broadband-only loops, as defined in Sec.  
54.901(g).
    (A) For study areas with 6,000 or fewer total eligible lines, the 
monthly per-loop amount shall be $42.337 - (.00328 x the number of total 
eligible lines), or, $63,000/the number of total eligible lines, 
whichever is greater;
    (B) For study areas with more than 6,000 but fewer than 17,887 total 
eligible lines, the monthly per-loop amount shall be $3.007 + (117,990/
the number of total eligible lines); and
    (C) For study areas with 17,887 or more total eligible lines, the 
monthly per-loop amount shall be $9.562.
    (D) Beginning January 1, 2013, the monthly per-loop amount computed 
according to paragraphs (a)(4)(ii)(A), (a)(4)(ii)(B), and (a)(4)(ii)(C) 
of this section shall be adjusted each year to reflect the annual 
percentage change in the United States Department of Commerce's Gross 
Domestic Product-Chained Price Index (GDP-CPI).
    (b) [Reserved]

[79 FR 39190, July 9, 2014, as amended at 81 FR 24344, Apr. 25, 2016; 83 
FR 18964, May 1, 2018]



Sec.  54.1309  National and study area average unseparated loop costs.

    (a) National average unseparated loop cost per working loop. Except 
as provided in paragraphs (c) and (d) of this section, this is equal to 
the sum of the Loop Costs for each study area in the country as 
calculated pursuant to Sec.  54.1308(a) divided by the sum of the 
working loops reported in Sec.  54.1305(h) for each study area in the 
country. The national average unseparated loop cost per working loop 
shall be calculated by the National Exchange Carrier Association. Until 
June 30, 2015 the national average unseparated loop cost for purposes of 
calculating expense adjustments for rural incumbent local exchange 
carriers, as that term is defined in Sec.  54.5 is frozen at $240.00.
    (1) The national average unseparated loop cost per working loop 
shall be recalculated by the National Exchange Carrier Association to 
reflect the September, December, and March update filings.
    (2) Each new nationwide average shall be used in determining the 
additional interstate expense allocation for companies which made 
filings by the most recent filing date.
    (3) The calculation of a new national average to reflect the update 
filings shall not affect the amount of the additional interstate expense 
allocation for

[[Page 302]]

companies which did not make an update filing by the most recent filing 
date.
    (b) Study area average unseparated loop cost per working loop. This 
is equal to the unseparated loop costs for the study area as calculated 
pursuant to Sec.  54.1308(a) divided by the number of working loops 
reported in Sec.  54.1305(i) for the study area.
    (1) If a company elects to, or is required to, update the data which 
it has filed with the National Exchange Carrier Association as provided 
in Sec.  54.1306(a), the study area average unseparated loop cost per 
working loop and the amount of its additional interstate expense 
allocation shall be recalculated to reflect the updated data.
    (2) [Reserved]
    (c) Until June 30, 2015, the national average unseparated loop Cost 
per working loop shall be the greater of:
    (1) The amount calculated pursuant to the method described in 
paragraph (a) of this section; or
    (2) An amount calculated to produce the maximum rural incumbent 
local exchange carrier portion of the nationwide loop cost expense 
adjustment allowable pursuant to Sec.  54.1302(a).
    (d) Beginning July 1, 2015, the national average unseparated loop 
cost per working loop shall be frozen at the national average 
unseparated loop cost per working loop as recalculated by the National 
Exchange Carrier Association to reflect the March 2015 update filing.

[79 FR 39190, July 9, 2014, as amended at 80 FR 4479, Jan. 27, 2015]



Sec.  54.1310  Expense adjustment.

    (a) Until June 30, 2015, for study areas reporting 200,000 or fewer 
working loops pursuant to Sec.  54.1305(h), the expense adjustment 
(additional interstate expense allocation) is equal to the sum of 
paragraphs (a)(1) and (2) of this section.
    (1) Sixty-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec.  54.1309(b) in 
excess of 115 percent of the national average for this cost but not 
greater than 150 percent of the national average for this cost as 
calculated pursuant to Sec.  54.1309(a) multiplied by the number of 
working loops reported in Sec.  54.1305(h) for the study area; and
    (2) Seventy-five percent of the study area average unseparated loop 
cost per working loop as calculated pursuant to Sec.  54.1309(b) in 
excess of 150 percent of the national average for this cost as 
calculated pursuant to Sec.  54.1309(a) multiplied by the number of 
working loops reported in Sec.  54.1305(h) for the study area.
    (b) Beginning July 1, 2015, the expense adjustment for each study 
area calculated pursuant to paragraph (a) of this section will be 
adjusted as follows:
    (1) If the aggregate expense adjustments for all study areas exceed 
the maximum rural incumbent local exchange carrier portion of nationwide 
loop cost expense adjustment allowable pursuant to Sec.  54.1302(a) (the 
HCLS cap), then each study area's expense adjustment will be reduced by 
multiplying it by the ratio of the HCLS cap to the aggregate expense 
adjustments for all study areas.
    (2) If the aggregate expense adjustments for all study areas are 
less than the HCLS cap set pursuant to Sec.  54.1302(a), then the 
expense adjustments for all study areas pursuant to paragraph (a) of 
this section shall be recalculated using a cost per loop calculated to 
produce an aggregate amount equal to the HCLS cap in place of the 
national average cost per loop.
    (c) The expense adjustment calculated pursuant to paragraphs (a) and 
(b) of this section shall be adjusted each year to reflect changes in 
the amount of high-cost loop support resulting from adjustments 
calculated pursuant to Sec.  54.1306(a) made during the previous year. 
If the resulting amount exceeds the previous year's fund size, the 
difference will be added to the amount calculated pursuant to paragraphs 
(a) and (b) of this section for the following year. If the adjustments 
made during the previous year result in a decrease in the size of the 
funding requirement, the difference will be subtracted from the amount 
calculated pursuant to paragraphs (a) and (b) of this section for the 
following year.
    (d) High Cost Loop Support is subject to a reduction as necessary to 
meet the overall cap on support established by the Commission for 
support provided

[[Page 303]]

pursuant to this subpart and subpart K of this chapter. Reductions shall 
be implemented as follows:
    (1) On May 1 of each year, the Administrator will publish an annual 
target amount for High-Cost Loop Support in the aggregate. The target 
amount shall be the forecasted disbursement amount times a reduction 
factor. The reduction factor shall be the budget amount divided by the 
total forecasted disbursement amount for both High Cost Loop Support and 
Broadband Loop Support for recipients in the aggregate. The forecasted 
disbursement for High Cost Loop Support is the High Cost Loop Support 
cap determined pursuant to Sec.  54.1302 as reflected in the most recent 
annual filing pursuant to Sec.  54.1305.
    (2) Each January 1 and July 1, the Administrator shall apply a pro 
rata reduction to High Cost Loop Support for each recipient of High Cost 
Loop Support as necessary to achieve the target amount.
    (3) This paragraph (d) shall not apply to support provided from July 
1, 2017 to June 30, 2018.

[80 FR 4479, Jan. 27, 2015, as amended at 81 FR 24344, Apr. 25, 2016; 83 
FR 18965, May 1, 2018; 84 FR 4733, Feb. 19, 2019]



       Subpart O_Uniendo a Puerto Rico Fund and Connect USVI Fund

    Source: 84 FR 59963, Nov. 7, 2019, unless otherwise noted.



Sec.  54.1501  Uniendo a Puerto Rico Fund and Connect USVI
Fund--Stage 2 for service to fixed locations.

    The Commission will use a competitive application process to 
determine the recipients of high-cost universal service support for 
offering voice and broadband service to fixed locations, and the amount 
of support that they may receive from Stage 2 of the fixed Uniendo a 
Puerto Rico Fund and of the fixed Connect USVI Fund for specific 
geographic areas in Puerto Rico and the U.S. Virgin Islands, 
respectively, subject to applicable procedures following the selection 
of competitive applications.



Sec.  54.1502  Geographic areas eligible for Stage 2 fixed support.

    High-cost universal service support may be made available for Stage 
2 of the fixed Uniendo a Puerto Rico Fund and the fixed Connect USVI 
Fund for all areas of Puerto Rico and the U.S. Virgin Islands, 
respectively, as announced by public notice.



Sec.  54.1503  Geographic area and locations to be served
by Stage 2 fixed support recipients.

    (a) For Stage 2 of the fixed Uniendo a Puerto Rico Fund, proposals 
will be accepted for each municipio in Puerto Rico.
    (b) For Stage 2 of the fixed Connect USVI Fund, proposals will be 
accepted for one geographic area composed of St. John and St. Thomas 
islands together, and a second geographic area of St. Croix island.
    (c) For both Funds, all locations must be served within each defined 
geographic area by the deployment milestone as defined in Sec.  54.1506. 
The number of supported locations will be identified for each geographic 
area in the territories by public notice.



Sec.  54.1504  Term of Stage 2 fixed support, phase-down of legacy
fixed support, and reporting obligations for phase-down support recipient.

    (a) Term of support. Support awarded through Stage 2 of the fixed 
Uniendo a Puerto Rico Fund and of the fixed Connect USVI Fund shall be 
provided for ten years.
    (b) Phase-down of legacy support. Stage 2 of the fixed Uniendo a 
Puerto Rico Fund and of the fixed Connect USVI Fund shall replace the 
legacy frozen high-cost support for the Territories. Beginning on a date 
determined by the Wireline Competition Bureau and announced by public 
notice following authorization of a winning application, frozen support 
recipient carriers will receive \2/3\ frozen fixed support amortized for 
the first 12 months following the date announced by public

[[Page 304]]

notice; and \1/3\ frozen fixed support amortized over the second 12-
month period. Beginning June 1, 2023, legacy frozen support recipient 
carriers that continue receiving phase-down legacy support for use in 
accordance with applicable rules shall be authorized to continue to 
receive \1/3\ frozen fixed support for the geographic areas in which it 
was not selected as the winning applicant of the Stage 2 competitive 
process. The frozen support recipient carriers shall receive a monthly 
support amount equal to the amortized monthly \1/3\ frozen fixed support 
amount until December 31, 2025, and zero frozen support thereafter.

[84 FR 59963, Nov. 7, 2019, as amended at 88 FR 29000, May 5, 2023]



Sec.  54.1505  Stage 2 fixed support application process.

    (a) Provider eligibility. A provider shall be eligible to submit an 
application for support from Stage 2 of the fixed Uniendo a Puerto Rico 
Fund or of the fixed Connect USVI Fund if it had its own fixed network 
and provided broadband service in Puerto Rico or the U.S. Virgin 
Islands, respectively, according to its June 2018 FCC Form 477 data. A 
provider must obtain eligible telecommunications carrier designation no 
later than sixty (60) days after public notice of selection to receive 
fixed support. Any entity that is awarded support but fails to obtain 
ETC designation within sixty (60) days shall be considered in default 
and will not be eligible to receive high-cost funding.
    (b) Application processing. 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.
    (c) Application format. All applications must be substantially in 
the format as specified and announced by the Wireline Competition 
Bureau.
    (1) 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.
    (2) 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 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.
    (3) Applications to which major modifications are made after the 
deadline for submitting proposals shall be denied. Major modifications 
may 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.
    (d) Application contents. In addition to providing information 
required by the Wireline Competition Bureau, any applicant for support 
from Stage 2 of the fixed Uniendo a Puerto Rico Fund or of the fixed 
Connect USVI Fund shall:
    (1) Include ownership information as set forth in Sec.  1.2112(a) of 
this chapter;
    (2) Submit a detailed network plan and documents evidencing adequate 
financing for the project;
    (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) Describe the technology or technologies that will be used to 
provide service for each application; and
    (5) 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 the term of 
support; and
    (6) Provide a letter from a bank meeting the eligibility 
requirements

[[Page 305]]

outlined in Sec.  54.1508 committing to issue an irrevocable stand-by 
letter of credit, in the required form, to the winning applicant. 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.
    (e) Identification of winning applicant. After receipt and review of 
the proposals, a public notice shall identify each winning applicant 
that may be authorized to receive support from Stage 2 of the fixed 
Uniendo a Puerto Rico Fund and the fixed Connect USVI Fund support after 
the winning applicant submits a letter of credit and an accompanying 
opinion letter, as described in this section, in a form acceptable to 
the Commission. Each such winning applicant shall submit a letter of 
credit and accompanying opinion letter in a form acceptable to the 
Commission no later than the number of days provided by public notice.
    (f) Authorization to receive support. After receipt of all necessary 
information, a public notice will identify each winning applicant that 
is authorized to receive Uniendo a Puerto Rico Fund and the Connect USVI 
Fund Stage 2 fixed support.



Sec.  54.1506  Stage 2 fixed support deployment milestones.

    Recipients of support from Stage 2 of the fixed Uniendo a Puerto 
Rico Fund and the fixed Connect USVI Fund must complete deployment to at 
least 40 percent of supported locations at the end of the third year of 
support, at least 60 percent at the end of the fourth year, at least 80 
percent at the end of the fifth year, and 100 percent by the end of the 
sixth year. Compliance with the percentage of completion shall be 
determined based on the total number of supported locations in each 
geographic area. Recipients will be subject to the notification and 
default rules in Sec.  54.320(d).



Sec.  54.1507  Stage 2 public interest obligations for service
to fixed locations.

    (a) Recipients of Stage 2 Uniendo a Puerto Rico and the Connect USVI 
Fund fixed support are required to offer 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.
    (1) 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.
    (2) 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 at or below 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.
    (b) Support recipients are required to offer broadband service 
meeting the performance standards as proposed in their selected 
applications, as follows:
    (1) Actual speeds of at least 25 Mbps downstream and 3 Mbps 
upstream, and a minimum usage allowance of 200 GB per month or an amount 
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.
    (2) Actual speeds of at least 100 Mbps downstream and 20 Mbps 
upstream and at least 2 terabytes of monthly usage.
    (3) Actual speeds of at least 1 Gigabit per second downstream and 
500 Mbps upstream and at least 2 terabytes of monthly usage.
    (c) For each of the tiers in paragraphs (b)(1) through (3) of this 
section, support recipients are required to meet one of two latency 
performance levels:
    (1) Low latency recipients will be required to meet 95 percent or 
more of all peak period measurements of network

[[Page 306]]

round trip latency at or below 100 milliseconds; and
    (2) High latency recipients 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, and to demonstrate 
a score of four or higher using the Mean Opinion Score (MOS).



Sec.  54.1508  Letter of credit for stage 2 fixed support recipients.

    (a) Letter of credit. Before being authorized to receive support 
from Stage 2 of the fixed Uniendo a Puerto Rico Fund or the fixed 
Connect USVI Fund, a winning applicant shall obtain an irrevocable 
standby letter of credit which shall be acceptable in all respects to 
the Commission. 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 this section committing to issue an 
irrevocable stand-by letter of credit, in the required form, to the 
winning applicant. 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. The letter of credit must remain open until the recipient has 
certified it has deployed broadband and voice service meeting the 
requirements in this subpart to 100% of the required number of 
locations, and Universal Service Administrative Company (USAC) has 
verified that the entity has fully deployed.
    (b) Value. Each recipient authorized to receive the Uniendo a Puerto 
Rico Fund and the Connect USVI Fund Stage 2 fixed 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 fixed support that has been 
disbursed and that will be disbursed in the coming year, until the USAC 
has verified that the recipient met the final service milestone.
    (1) 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.
    (2) 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 80 percent of the total support 
that has been disbursed plus the amount that will be disbursed in the 
coming year.
    (c) Acceptable bank issuing letter of credit. The bank issuing the 
letter of credit shall be acceptable to the Commission. A bank that is 
acceptable to the Commission is:
    (1) Any United States bank:
    (i) That is insured by the Federal Deposit Insurance Corporation; 
and
    (ii) That has a bank safety rating issued by Weiss of B- or better; 
or
    (2) 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
    (3) 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
    (4) Any non-United States bank:
    (i) 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);
    (ii) Has a branch office:
    (A) Located in the District of Columbia, or
    (B) Located in New York City, New York, or such other branch office 
agreed to by the Commission, that will

[[Page 307]]

accept a letter of credit presentation from the Administrator via 
overnight courier, in addition to in-person presentations;
    (iii) 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
    (iv) Issues the letter of credit payable in United States dollars
    (d) Bankruptcy opinion letter. A winning applicant of the Uniendo a 
Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed 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.
    (e) Authorization for Stage 2 support. Authorization to receive the 
Uniendo a Puerto Rico Fund and the Connect USVI Fund Stage 2 fixed 
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.
    (1) Failure by a Uniendo a Puerto Rico Fund and the Connect USVI 
Fund Stage 2 fixed support recipient to meet its service milestones as 
required by Sec.  54.1506 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 USAC. If the Uniendo a Puerto Rico Fund or Connect USVI Fund Stage 2 
fixed support recipient does not repay the requisite amount of support 
within six months, the USAC will be entitled to draw the entire amount 
of the letter of credit and may disqualify the Uniendo a Puerto Rico 
Fund or Connect USVI Fund Stage 2 fixed support recipient from the 
receipt of any or all universal service support.
    (2) A default will be evidenced by a letter issued by the Chief of 
the Wireline Competition Bureau, or the Chief's designee, 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.

[84 FR 59963, Nov. 7, 2019, as amended at 85 FR 75828, Nov. 
25, 2020]



Sec.  54.1509  Uniendo a Puerto Rico Fund and the Connect USVI
Fund--Stage 2 for mobile service.

    (a) Term of support. Uniendo a Puerto Rico Fund or the Connect USVI 
Fund Stage 2 mobile support shall be provided to eligible mobile 
carriers that elect to make a commitment to its eligible service area 
for a three-year term to begin on a date determined by the Wireline 
Competition Bureau.
    (b) Election of support. Eligible mobile carriers as provided in 
Sec.  54.1510 shall have a one-time option to elect to participate in 
Stage 2 of the mobile Uniendo a Puerto Rico Fund and the mobile Connect 
USVI Fund for the eligible service area. An eligible mobile carrier may 
elect to receive all or a subset of the Stage 2 support for which it is 
eligible. FCC will publish the order adopting Stage 2 of the Uniendo a 
Puerto Rico Fund and the Connect USVI Fund in the Federal Register. To 
participate, an eligible provider must submit an election to participate 
within 30 days following that publication. Each provider must provide to 
the Commission through the Commission's Electronic Comment Filing System 
as well as by emailing a copy to [email protected] either a renewal 
of its Stage 1 certification specifying the number of subscribers (voice 
or broadband internet access service) it served in the territory as of 
June 30, 2017; or a new certification specifying the number of 
subscribers (voice or broadband internet access service) it served in 
the territory as of June 30, 2017, along with accompanying evidence. 
Each provider will make two simultaneous elections. First, each provider 
may elect to receive Stage 2 support for which it is eligible to 
restore, harden, and expand networks capable of providing 4G LTE or 
better services.

[[Page 308]]

Second, each provider may elect to receive Stage 2 support for which it 
is eligible to deploy networks capable of providing 5G service.
    (c) Support amounts. A carrier exercising the election of support 
specified in paragraph (b) of this section shall receive a pro rata 
share of the available mobile support based on the number of subscribers 
reported in its June 2017 FCC Form 477. Each carrier may receive up to 
75% of its eligible pro rata support amount to restore, harden, and 
expand networks capable of provider 4G LTE or better services meeting 
the minimum service requirements provided in Sec.  54.1514(b). Each 
carrier may also elect to receive up to 25% of its eligible pro rata 
support amount to deploy networks capable of providing 5G service.
    (d) Support payments. Each eligible mobile provider that elects to 
participate in Stage 2 of the Uniendo a Puerto Rico Fund or the USVI 
Connect Fund will receive monthly installments of its pro rata share of 
mobile support amortized over the three-year support period provided in 
paragraph (a) of this section. Each recipient's pro rata share will be 
adjusted according to its election to receive or decline support for 4G 
LTE or 5G deployment. A mobile provider that fails to meet its 
commitment to use its eligible support for 4G LTE or 5G deployment shall 
return an amount equal the unused amount of Stage 2 support to the 
Administrator within 30 days following the end of the three-year support 
period.
    (e) Phase-down of legacy support. An eligible mobile carrier may 
elect or decline to participate in Stage 2 of the mobile Uniendo a 
Puerto Rico and/or the mobile Connect USVI Fund. Beginning on a date to 
be determined by the Bureau and announced by public notice, an eligible 
mobile carrier that declines to participate in Stage 2 will receive one-
half of its prior frozen fixed support amortized for a 12-month period 
and zero fixed support thereafter.



Sec.  54.1510  Stage 2 mobile carrier eligibility.

    Facilities-based mobile carriers that provided mobile wireless 
services to consumers in the Territories as reported by their June 2017 
FCC Form 477 shall be eligible to participate in Stage 2 of the mobile 
Uniendo a Puerto Rico Fund and the mobile Connect USVI Fund, 
respectively.



Sec.  54.1511  Appropriate uses of Stage 2 mobile support.

    Recipients of Uniendo a Puerto Rico and Connect USVI Stage 2 mobile 
support shall use the support solely for:
    (a) Deployment, replacement, and upgrade at 4G LTE or better 
technological network level, as specified in this part; and
    (b) Hardening of 4G LTE or better network facilities to help prevent 
future damage from natural disasters.



Sec.  54.1512  Geographic area eligible for Stage 2 mobile support.

    Uniendo a Puerto Rico Fund and Connect USVI Fund Stage 2 mobile 
support may be used for all geographic areas of Puerto Rico or of the 
U.S. Virgin Islands within a recipient's designated eligible 
telecommunications carrier service area consistent with the parameters 
of Stage 2 of the Uniendo a Puerto Rico Fund and the Connect USVI Fund.



Sec.  54.1513  Provision of Stage 2 mobile support.

    (a) A recipient of Stage 2 mobile support shall commit to, at a 
minimum, the full restoration of its pre-hurricane network coverage 
area, as determined by FCC Form 477 reporting standards, at a level of 
service that meets or exceeds pre-hurricane network levels and at 
reasonably comparable levels to those services and rates available in 
urban areas.
    (b) Each recipient of Stage 2 mobile support shall demonstrate 
mobile network coverage that is equal to or greater than 66 percent of 
its pre-hurricane coverage by the end of year two of the Stage 2 term of 
support, and that is equal to or greater than 100 percent of its pre-
hurricane coverage by the end of year three of the Stage 2 term of 
support.



Sec.  54.1514  Stage 2 mobile additional annual reporting.

    (a) Each recipient of Stage 2 mobile support shall submit no later 
than 30 days following the end of the calendar

[[Page 309]]

year reports demonstrating and certifying to the fact that its mobile 
network coverage is equal to or greater than 66 percent of its pre-
hurricane coverage by the end of year two of the Stage 2 term of support 
and 100 percent of its pre-hurricane coverage by the end of year three 
of the Stage 2 term of support.
    (1) A recipient of Stage 2 mobile support shall submit with the 
report required by this section the documentation in paragraphs 
(a)(1)(i) through (iii) of this section in support of its milestone 
obligations:
    (i) Electronic shapefiles site coverage plots illustrating the area 
reached by mobile services;
    (ii) A list of all census blocks in the Territories reached by 
mobile services; and
    (iii) Data received or used from drive, drone, and/or scattered site 
tests, analyzing network coverage for mobile services.
    (2) [Reserved]
    (b) Each recipient of Stage 2 mobile support shall report and 
certify, no later than thirty (30) days following the end of the third 
year of the Stage 2 term of support for all eligible areas where a 
provider used Stage 2 support, mobile transmissions supporting voice and 
data to and from the network meeting or exceeding the following:
    (1) For 4G LTE service, outdoor data transmission rates of at least 
10 Mbps download/1 Mbps upload, at least one service plan that includes 
a data allowance of at least 5 GB that is offered to consumers at a rate 
that is reasonable comparable to similar service plans offered by mobile 
wireless providers in urban areas, and latency of 100 milliseconds or 
less round trip; and
    (2) For 5G service, outdoor data transmission rates of at least 35 
Mbps download/3 Mbps upload and a plan offered to consumers at a rate 
that is reasonably comparable to similar service plans offered by mobile 
wireless providers in urban areas.
    (c) Each recipient of Stage 2 mobile support shall submit no later 
than thirty (30) days after the end of the third year of the Stage 2 
term of support a certification that it has met the requisite public 
interest obligations in paragraphs (a) and (b) of this section.
    (d) Each recipient of Stage 2 mobile support shall submit no later 
than thirty (30) days following the end of the calendar year an annual 
map reporting the network hardening activities undertaken during the 
prior calendar year. The recipient must submit, along with the map, a 
detailed narrative description of the network hardening activities 
identified and of how it made use of the support to facilitate those 
network hardening activities.
    (e) Each recipient that elects to receive Stage 2 mobile support for 
the deployment of 5G technological networks shall submit an annual 
certification no later than thirty (30) days after the end of each 12-
month period the use of Stage 2 support for the deployment of 5G 
technology to ensure compliance with its commitment. Each recipient must 
report the total cost incurred and total amount of Stage 2 support spent 
related to the deployment of 5G technology during the preceding 12-month 
period. Each recipient must describe in detail how it used the support 
for deployment of 5G technology.
    (f) Each report shall be submitted to the Office of the Secretary of 
the Commission, clearly referencing the appropriate docket for the 
Uniendo a Puerto Rico Fund and the Connect USVI Fund; the Administrator; 
and the authority in the U.S. Territory, or Tribal governments, as 
appropriate.
    (g) Recipients of Stage 2 mobile support have a continuing 
obligation to maintain the accuracy and completeness of the information 
provided in their milestone reports. All recipients of Stage 2 mobile 
support shall provide information about any substantial change that may 
be of decisional significance regarding their eligibility for Stage 2 
support and compliance with Uniendo a Puerto Rico Fund and the Connect 
USVI Fund requirements in this section as an update to their milestone 
report submitted to the entities listed in paragraph (f) of this 
section. Such notification of a substantial change, including any 
reduction in the network coverage area being served or any failure to 
comply with any of the Stage 2 requirements in this part, shall be 
submitted within ten (10) business days after the reportable event 
occurs.

[[Page 310]]

    (h) In order for a recipient of Stage 2 mobile support to continue 
to receive mobile support for the following calendar year, it must 
submit the milestone reports required by this section by the deadlines 
set forth in paragraphs (a) through (g) of this section.



Sec.  54.1515  Disaster preparation and response measures.

    (a) Each recipient of fixed and mobile support from Stage 2 of the 
Uniendo a Puerto Rico Fund and the Connect USVI Fund shall create, 
maintain, and submit to the Wireline Competition Bureau for its review 
and approval a detailed Disaster Preparation and Response Plan document 
that describes and commits to the methods and procedures that it will 
use, during the period in which it receives Stage 2 support, to prepare 
for and respond to disasters in the Territories, including detailed 
descriptions of methods and processes to strengthen infrastructure; to 
ensure network diversity; to ensure backup power; to monitor its 
network; and to prepare for emergencies.
    (b) Each Stage 2 support recipient shall submit the Disaster 
Preparation and Response Plan to the Bureau for its review and approval 
prior to receiving Stage 2 support. The Bureau shall approve submitted 
Disaster Preparation and Response Plans that are complete and thoroughly 
address the criteria enumerated in paragraph (a) of this section. The 
Bureau shall notify the support recipient of deficiencies identified in 
the Disaster Preparation and Response Plan and withhold authorization to 
receive funding until the support recipient has cured the deficiencies. 
Recipients shall materially comply with the representations in the 
document, once approved.
    (c) Recipients shall amend their Disaster Preparation and Response 
Plan following any material change(s) to internal processes and 
responsibilities and provide the updated Disaster Preparation and 
Response Plan to the Bureau within 10 business days following the 
material change(s).
    (d) Stage 2 support recipients shall use the Disaster Information 
Reporting System for mandatory reporting. (See www.fcc.gov/general/
disaster-information-reporting-system-dirs-0 for more information.)



Sec.  54.1516  Uniendo a Puerto Rico Fund and the Connect USVI Fund--Transitional support for mobile service.

    (a) Term of support. Uniendo a Puerto Rico Fund or the Connect USVI 
Fund transitional mobile support shall be made available to eligible 
mobile carriers that elect to make a commitment to their eligible 
service areas for a term of up to 24 months to begin in the month 
immediately following the end of the carrier's Stage 2 mobile support. 
The term of support shall end the earlier of either 24 months following 
a carrier's authorization to begin receiving transitional support or the 
authorization of support under a long-term funding mechanism 
subsequently adopted by the Commission providing mobile wireless support 
in the carrier's respective territory.
    (b) Election of support. Eligible mobile carriers as provided in 
Sec.  54.1517 shall have a one-time option to elect to receive 
transitional mobile support from the Uniendo a Puerto Rico Fund and the 
Connect USVI Fund for the eligible service area. To participate, an 
eligible carrier must submit an election to participate within 15 days 
following publication in the Federal Register of the order adopting 
transitional mobile support of the Uniendo a Puerto Rico Fund and the 
Connect USVI Fund. Each carrier must submit its election to receive 
transitional support to the Commission through the Commission's 
Electronic Comment Filing System as well as by emailing a copy of its 
election to [email protected].
    (c) Support amounts. An eligible carrier that elects to receive 
transitional support shall receive a pro rata share of its monthly Stage 
2 mobile support as of May 1, 2023. Each eligible carrier may receive 
50% of its Stage 2 monthly mobile support amount as of May 1, 2023 in 
the first 12-month period (months 1-12) of transitional support, and 25% 
of its current monthly mobile Stage 2 support as if May 1, 2023 in the 
second 12-month period (months 13-24) of transitional support. However, 
the provision of monthly transitional support may end prior to the 
completion

[[Page 311]]

of the 24-month term as provided in subsection (a).
    (d) Return of unused support. Each eligible mobile carrier that 
elects to receive transitional support from the Uniendo a Puerto Rico 
Fund or the USVI Connect Fund will receive monthly installments of its 
pro rata share of mobile support over the support period provided in 
subsections (a) and (c). A mobile carrier that fails to use all its 
eligible transitional mobile support pursuant to section 54.1517 within 
one year of the end of the support term shall return an amount equal to 
the unused amount of transitional support to the Administrator within 30 
days following the end of the term of support under paragraph (a).

[88 FR 29000, May 5, 2023]



Sec.  54.1517  Transitional support mobile carrier eligibility.

    Facilities-based mobile carriers that are recipients of mobile 
support from Stage 2 as of May 1, 2023 of the Uniendo a Puerto Rico Fund 
or the Connect USVI Fund shall be eligible to elect and receive 
transitional mobile support in the areas where they receive Stage 2 
support.

[88 FR 29000, May 5, 2023]



Sec.  54.1518  Appropriate uses of transitional mobile support.

    Recipients of Uniendo a Puerto Rico and Connect USVI transitional 
mobile support shall use the support to improve the redundancy and 
resiliency of facilities for 4G LTE or better technologies to help 
ensure continuity of service by preventing or withstanding damage from 
disasters, including the maintenance of backup power systems for such 
networks.

[88 FR 29000, May 5, 2023]



Sec.  54.1519  Geographic area eligible for transitional mobile support.

    Uniendo a Puerto Rico Fund and Connect USVI Fund transitional mobile 
support may be used for all geographic areas of Puerto Rico or of the 
U.S. Virgin Islands, respectively, within a recipient's designated 
eligible telecommunications carrier service area.

[88 FR 29000, May 5, 2023]



Sec.  54.1520  Provision of transitional mobile support.

    A recipient of transitional mobile support shall commit to, at a 
minimum, maintaining its network coverage area as of June 30, 2023, or 
100 percent of its network coverage area prior to Hurricanes Maria and 
Irma as specified by Sec.  54.1514(a), whichever is greater. The 
recipient shall also commit to provide a minimum level of service that 
meets or exceeds network levels and at reasonably comparable levels to 
those services and rates available in urban areas as required by Sec.  
54.1521(a).

[88 FR 29000, May 5, 2023]



Sec.  54.1521  Transitional mobile support additional annual reporting.

    (a) Each recipient of transitional mobile support shall report and 
certify, no later than thirty (30) days following the end of the 
calendar year in which it receives such transitional support, that it 
has met the requisite mobile transmissions supporting voice and data to 
and from the network meeting or exceeding the following:
    (1) For 4G LTE service, outdoor data transmission rates of at least 
10 Mbps download/1 Mbps upload, at least one service plan that includes 
a data allowance of at least 5 GB that is offered to consumers at a rate 
that is reasonably comparable to similar service plans offered by mobile 
wireless providers in urban areas, and latency of 100 milliseconds or 
less round trip; and
    (2) For 5G-NR service, outdoor data transmission rates of at least 
35 Mbps download/3 Mbps upload and a plan offered to consumers at a rate 
that is reasonably comparable to similar service plans offered by mobile 
wireless providers in urban areas.
    (b) Each recipient of transitional mobile support shall submit no 
later than thirty (30) days following the end of the calendar year an 
annual map reporting the network hardening activities undertaken during 
the prior calendar year. The recipient must submit, along with the map, 
a detailed narrative description of the network hardening activities 
identified and of how it made use of the support to facilitate those 
network hardening activities.

[[Page 312]]

    (c) Each report shall be submitted to the Office of the Secretary of 
the Commission through the Electronic Comment Filing System clearly 
referencing the appropriate docket for the Uniendo a Puerto Rico Fund 
and the Connect USVI Fund; the Administrator; and the authority in the 
U.S. Territory, or Tribal governments, as appropriate. All filings and 
certifications shall also be submitted to the Bureau at 
[email protected].
    (d) Recipients of transitional mobile support have a continuing 
obligation to maintain the accuracy and completeness of the information 
provided in their reports. All recipients of transitional mobile support 
shall provide information about any substantial change that may be of 
decisional significance regarding their eligibility for transitional 
support and compliance with Uniendo a Puerto Rico Fund and the Connect 
USVI Fund requirements as an update to their report submitted to the 
entities listed in paragraph (c) of this section. Such notification of a 
substantial change, including any reduction in the network coverage area 
being served or any failure to comply with any of the transitional 
support requirements, shall be submitted within ten (10) business days 
after the reportable event occurs.
    (e) In order for a recipient of transitional mobile support to 
continue to receive transitional mobile support for the second 12-month 
period, it must submit the reports and certification required by this 
section by the deadlines set forth above.

[88 FR 29000, May 5, 2023]



Sec.  54.1522  Security reporting.

    By August 31, 2023, support recipients under Sec.  54.1516 shall 
file their first network security report that identifies and explains 
the network security controls implemented, their effectiveness in 
fending off cybersecurity attacks, and how those controls are 
commensurate with established network security best practices and 
standards or an established risk management framework. By March 31, 
2025, support recipients under Sec.  54.1516 shall file their second 
network security report, covering the time period between August 31, 
2023, and March 1, 2025, that identifies and explains the network 
security controls implemented, their effectiveness in fending off 
cybersecurity attacks and how those controls are commensurate with 
established network security best practices and standards or an 
established risk management framework.

[88 FR 29000, May 5, 2023]



Sec.  54.1523  Spending plans for recipients of legacy frozen
phase-down support.

    (a) Spending plan submissions for phase-down support recipients. By 
July 1, 2023, recipients of support under Sec.  54.1504(b) shall submit 
a spending plan for its use of that support for redundancy, resiliency, 
and maintenance measures to the Bureau for approval. Phase-down support 
shall be suspended if a recipient fails to submit a spending plan by the 
requisite deadline or fails to receive approval from the Bureau. 
Recipients of support must submit an updated spending plan if the 
details in their spending plan change.
    (b) Annual reporting requirements for phase-down support recipients. 
By January 31, 2024, 2025, and 2026, recipients of support under Sec.  
54.1504(b) shall file with the Commission a report of how they spent 
phase-down support on resiliency and redundancy measures consistent with 
the approved spending plan approved under paragraph (a).
    (c) Recipients of support under Sec.  54.1504(b) that fail to use 
all such support consistent with the approved spending plan approved 
under paragraph (a) by December 31, 2026 shall return an amount equal to 
the unused amount of support to the Administrator within 30 days of 
December 31, 2026.
    (d) By January 31, 2027 recipients of support under Sec.  54.1504(b) 
shall file with the Commission a final report of how they spent phase-
down support on resiliency and redundancy measures consistent with the 
approved spending plan approved under paragraph (a).

[88 FR 29000, May 5, 2023]



Sec.  54.1524  Disaster preparation and response measures; 
Disaster Information Reporting System.

    (a) Each recipient of support under Sec.  54.1504(b) or Sec.  
54.1516 shall maintain a Disaster Preparation and Response

[[Page 313]]

Plan document approved by the Bureau for Stage 2 of the Uniendo a Puerto 
Rico Fund or Connect USVI Fund, as applicable, that describes and 
commits to the methods and procedures that it will use, during the 
period in which it receives support under Sec.  54.1516 or Sec.  
54.1504(b), to prepare for and respond to disasters in the Territories, 
including detailed descriptions of methods and processes to strengthen 
infrastructure; to ensure network diversity; to ensure backup power; to 
monitor its network; and to prepare for emergencies. If an eligible 
recipient has not previously submitted a Disaster Preparation and 
Response Plan that was approved by the Bureau prior to the authorization 
to receive fixed or mobile support, as applicable, the eligible 
recipient must submit a Disaster Preparation and Response Plan for 
Bureau approval by July 1, 2023. Phase-down support shall be suspended 
if a recipient fails to submit a Disaster Preparation and Response Plan 
by the requisite deadline or fails to receive approval from the Bureau.
    (b) Each recipient of support under Sec.  54.1504(b) or Sec.  
54.1516 shall maintain the Disaster Preparation and Response Plan 
approved by the Bureau for Stage 2 of each funding mechanism that 
completely and thoroughly address the criteria enumerated in paragraph 
(a) of this section. Recipients shall materially comply with the 
representations in the document and shall amend their Disaster 
Preparation and Response Plan following any material change(s) to 
internal processes and responsibilities and provide the updated Disaster 
Preparation and Response Plan to the Bureau within 10 business days 
following the material change(s).
    (c) Each recipient of support under Sec.  54.1504(b) or Sec.  
54.1516 shall perform mandatory Disaster Information Reporting System 
reporting.
    (d) A recipient's failure to comply with the requirements of this 
section may result in the withholding of transitional or phase-down 
support until the support recipient has cured deficiencies identified by 
the Bureau.

[88 FR 29000, May 5, 2023]



              Subpart P_Emergency Broadband Benefit Program

    Source:  86 FR 19560, Apr. 13, 2021, unless otherwise noted.



Sec.  54.1600  Definitions.

    (a) Broadband internet access service. The term ``broadband internet 
access service'' has the meaning given such term in 47 CFR 8.1(b), or 
any successor regulation.
    (b) Broadband provider. The term ``broadband provider'' means a 
provider of broadband internet access service.
    (c) Commission. The term ``Commission'' means the Federal 
Communications Commission.
    (d) Connected device. The term ``connected device'' means a laptop 
or desktop computer or a tablet.
    (e) Designated as an eligible telecommunications carrier. The term 
``designated as an eligible telecommunications carrier'', with respect 
to a broadband provider, means the broadband provider is designated as 
an eligible telecommunications carrier under section 214(e) of the 
Communications Act of 1934 (47 U.S.C. 214(e)).
    (f) Direct service. As used in this subpart, direct service means 
the provision of service directly to the qualifying low-income consumer.
    (g) Duplicative support. ``Duplicative support'' exists when an 
Emergency Broadband Benefit subscriber is receiving two or more 
Emergency Broadband Benefit services concurrently or two or more 
subscribers in a household have received a connected device with an 
Emergency Broadband Benefit discount
    (h) Eligible household. The term ``eligible household'' means, 
regardless of whether the household or any member of the household 
receives support under subpart E of 47 CFR part 54 (or any successor 
regulation), and regardless of whether any member of the household has 
any past or present arrearages with a broadband provider, a household in 
which--
    (1) At least one member of the household meets the qualifications 47 
CFR 54.409(a) or (b) (or any successor regulation);
    (2) At least one member of the household has applied for and been 
approved to receive benefits under the free and

[[Page 314]]

reduced price lunch program under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program under 
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
    (3) At least one member of the household has experienced a 
substantial loss of income since February 29, 2020, that is documented 
by layoff or furlough notice, application for unemployment insurance 
benefits, or similar documentation or that is otherwise verifiable 
through the National Verifier or National Lifeline Accountability 
Database;
    (4) At least one member of the household has received a Federal Pell 
Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 
1070a) in the current award year, if such award is verifiable through 
the National Verifier or National Lifeline Accountability Database or 
the participating provider verifies eligibility under 47 CFR 
54.1606(a)(2); or
    (5) At least one member of the household meets the eligibility 
criteria for a participating provider's existing low-income or COVID-19 
program, subject to the requirements of 47 CFR 54.1606(a)(2).
    (i) Emergency broadband benefit. The term ``emergency broadband 
benefit'' means a monthly discount for an eligible household applied to 
the actual amount charged to such household, which shall be no more than 
the standard rate for an internet service offering and associated 
equipment, in an amount equal to such amount charged, but not more than 
$50, or, if an internet service offering is provided to an eligible 
household on Tribal land, not more than $75.
    (j) Emergency period. The term ``emergency period'' means the period 
that--
    (1) Begins on the date of the enactment of the Consolidated 
Appropriations Act; and
    (2) Ends on the date that is 6 months after the date on which the 
determination by the Secretary of Health and Human Services pursuant to 
section 319 of the Public Health Service Act (42 U.S.C. 247d) that a 
public health emergency exists as a result of COVID-19, including any 
renewal thereof, terminates.
    (k) Enrollment representative. 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 Administrator for the purpose of eligibility 
verification, enrollment, subscriber personal information updates, 
benefit transfers, or de-enrollment.
    (l) 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.
    (m) 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.
    (n) Internet service offering. The term ``internet service 
offering'' means, with respect to a broadband provider, broadband 
internet access service provided by such provider to a household, 
offered in the same manner, and on the same terms, as described in any 
of such provider's offerings for broadband internet access service to 
such household, as on December 1, 2020.
    (o) Lifeline qualifying assistance program. A ``Lifeline qualifying 
assistance program'' means any of the Federal or Tribal assistance 
programs the participation in which, pursuant to 47 CFR 54.409(a) or 
(b), qualifies a consumer for Lifeline service, including Medicaid; 
Supplemental Nutrition Assistance

[[Page 315]]

Program; Supplemental Security Income; Federal Public Housing 
Assistance; Veterans and Survivors 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).
    (p) National Lifeline Accountability Database. The ``National 
Lifeline Accountability 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.
    (q) National Lifeline Eligibility Verifier or National 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 and Emergency Broadband Benefit 
Program, as directed by the Commission.
    (r) Participating provider. The term ``participating provider'' 
means a broadband provider that--
    (1)(i) Is designated as an eligible telecommunications carrier; or
    (ii) Meets requirements established by the Commission for 
participation in the Emergency Broadband Benefit Program and is approved 
by the Commission under 47 CFR 54.1601(b); and
    (2) Elects to participate in the Emergency Broadband Benefit 
Program.
    (s) Standard rate. The term ``standard rate'' means the monthly 
retail rate for the applicable tier of broadband internet access service 
as of December 1, 2020, excluding any taxes or other governmental fees.
    (t) 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 subpart E of 47 CFR part 54 (or any successor regulation) pursuant to 
the designation process in 47 CFR 54.412.



Sec.  54.1601  Participating providers.

    (a) Eligible telecommunications carriers. A broadband provider that 
is designated as an eligible telecommunications carrier may participate 
in the Emergency Benefit Broadband Program as a participating provider.
    (b) Other broadband providers. A broadband provider that is not 
designated as an eligible telecommunications carrier may seek approval 
from the Wireline Competition Bureau to participate in the Emergency 
Broadband Benefit Program as a participating provider.
    (1) The Wireline Competition Bureau shall review and act on 
applications to be designated as a participating provider on an 
expedited basis. Such applications shall contain:
    (i) The states or territories in which the provider plans to 
participate;
    (ii) The service areas in which the provider has the authority, if 
needed, to operate in each state or territory, but has not been 
designated an eligible telecommunications carrier; and,
    (iii) Certifications and documentation of the provider's plan to 
combat waste, fraud, and abuse.
    (2) Notwithstanding paragraph (b)(1) of this section, the Wireline 
Competition Bureau shall automatically approve as a participating 
provider a broadband provider that has an established program as of 
April 1, 2020, that is widely available and offers internet service 
offerings to eligible households and maintains verification processes 
that are sufficient to avoid fraud, waste, and abuse. Such applications 
seeking automatic approval shall contain:
    (i) The states or territories in which the provider plans to 
participate;
    (ii) The service areas in which the provider has the authority, if 
needed, to operate in each state or territory, but has not been 
designated an Eligible Telecommunications Carrier; and,
    (iii) A description, supported by documentation, of the established 
program

[[Page 316]]

with which the provider seeks to qualify for automatic admission to the 
Emergency Broadband Benefit Program.
    (c) Election notice. All participating providers must file an 
election notice with the Administrator. The election notice must be 
submitted in a manner and form consistent with the direction of the 
Wireline Competition Bureau and the Administrator. At a minimum the 
election notice should contain:
    (1) The states or territories in which the provider plans to 
participate in the Emergency Broadband Benefit Program;
    (2) A statement that, in each state or territory, the provider was a 
``broadband provider'' as of December 1, 2020;
    (3) A list of states or territories where the provider is an 
existing Eligible Telecommunications Carrier, if any;
    (4) A list of states or territories where the provider received 
Wireline Competition Bureau approval, whether automatic or expedited, to 
participate, if any;
    (5) Whether the provider intends to distribute connected devices;
    (6) A description of the internet service offerings for which the 
provider plans to seek reimbursement in each state or territory; and,
    (7) Documentation demonstrating the standard rates for those 
services in each state; and any other information necessary to establish 
participating providers in the Administrator's systems.
    (d) Suspension and debarment. The prohibition on participation and 
suspension and debarment rules established in 47 CFR 54.8, shall apply 
to activities associated with or related to the Emergency Broadband 
Benefit Program.



Sec.  54.1602  Emergency Broadband Benefit.

    (a) The Emergency Broadband Benefit Program shall provide 
reimbursement to a participating provider for providing a discount on 
the price of broadband internet access service (and associated 
equipment), a connected device, or both, to an eligible household during 
the emergency period.
    (b) Participating providers may allow consumers whose households 
qualify for the Emergency Broadband Benefit Program pursuant to 47 CFR 
54.1605, to apply the Emergency Broadband Benefit to any residential 
service plan that includes broadband internet access service or a bundle 
of broadband internet access service along with fixed or mobile voice 
telephony service, text messaging service, or both.



Sec.  54.1603  Emergency Broadband Benefit Program support amount.

    (a) The Emergency Broadband Benefit Program support amount for all 
participating providers shall equal the actual discount provided to an 
eligible household off of the actual amount charged to such household, 
which shall be no more than the standard rate for an internet service 
offering and associated equipment, but not more than $50.00 per month, 
if that provider certifies that it will pass through the full amount of 
support to the eligible household, or not more than $75.00 per month, if 
that provider certifies that it will pass through the full amount of 
support to the eligible household on Tribal lands, as defined in 47 CFR 
54.1600(t).
    (b) A participating provider that, in addition to providing the 
Emergency Broadband Benefit Program to an eligible household, supplies 
such household with a connected device may be reimbursed up to $100.00 
for such connected device, if the charge to such eligible household is 
more than $10.00 but less than $50.00 for such connected device, except 
that a participating provider may receive reimbursement for no more than 
one (1) connected device per eligible household.
    (c) If the amount of funding remaining in the Emergency Broadband 
Connectivity Fund is less than the total amount of valid reimbursement 
claims in the Emergency Broadband Benefit Program, the support amount 
for all participating providers submitting valid reimbursement claims 
for a month may be less than the full support amount permitted under 
this section.

[[Page 317]]



Sec.  54.1604  Participating provider obligation to offer Emergency
Broadband Benefit Program.

    (a) All participating providers in the Emergency Broadband Benefit 
Program must make available the Emergency Broadband Benefit Program to 
qualifying low-income consumers.
    (b) All participating providers in the Emergency Broadband Benefit 
Program are encouraged to:
    (1) Publicize the availability of the Emergency Broadband Benefit 
Program in a manner reasonably designed to reach those likely to qualify 
for the service.
    (2) Indicate on all materials describing the Emergency Broadband 
Benefit Program, using easily understood language in the dominant 
languages of the communities the provider serves:
    (i) The eligibility requirements for consumer participation;
    (ii) That the Emergency Broadband Benefit is non-transferable and is 
limited to one discount per household;
    (iii) The monetary charges to the customer;
    (iv) The available upload/download speeds and data caps for the 
covered services, and a list of connected devices, if any, with 
descriptions;
    (v) The provider's customer service telephone number, which must be 
prominently displayed on all promotional materials and adequately 
staffed by customer service representatives; and
    (vi) That the Emergency Broadband Benefit Program is a temporary 
emergency Federal Government benefit program operated by the Federal 
Communications Commission and, upon its conclusion, customers will be 
subject to the provider's regular rates, terms, and conditions.



Sec.  54.1605  Household qualification for Emergency Broadband
Benefit Program.

    (a) To constitute an eligible household:
    (1) The household income as defined in 47 CFR 54.1600(m) must be at 
or below 135% of the Federal Poverty Guidelines for a household of that 
size; or
    (2) At least one member of the 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; or
    (3) At least one member of the household has applied for and been 
approved to receive benefits under the free and reduced price lunch 
program under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) or the school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773); or
    (4) At least one member of the household has experienced a 
substantial loss of income since February 29, 2020, that is documented 
by layoff or furlough notice, application for unemployment insurance 
benefits, or similar documentation or that is otherwise verifiable 
through the National Verifier; or
    (5) At least one member of the household has received a Federal Pell 
Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 
1070a) in the current award year, if such award is verifiable through 
the National Verifier or the participating provider verifies eligibility 
under 47 CFR 54.1606(a)(2); or
    (6) At least one member of the household meets the eligibility 
criteria for a participating provider's existing low-income or COVID-19 
program, subject to the requirements of 47 CFR 54.1606(a)(2); or
    (7) If the household is located on Tribal lands, at least one member 
of the 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.
    (b) In addition to meeting the qualifications provided in paragraph 
(a) of this section, in order to constitute an eligible household, no 
member of the household may already be receiving an Emergency Broadband 
Benefit Program discount.

[[Page 318]]



Sec.  54.1606  Household eligibility determinations.

    (a) Eligibility verification processes. To verify whether a 
household is an eligible household, a participating provider shall--
    (1) Use the National Verifier; or
    (2) Rely upon an alternative verification process of the 
participating provider, if--
    (i) The participating provider submits information as required by 
the Commission regarding the alternative verification process prior to 
seeking reimbursement; and
    (ii) Not later than 7 days after receiving the information required 
under paragraph (a)(2)(i) of this section, the Wireline Competition 
Bureau--
    (A) Determines that the alternative verification process will be 
sufficient to avoid waste, fraud, and abuse; and
    (B) Notifies the participating provider of the determination under 
paragraph (a)(2)(ii)(A) of this section; or
    (3) Rely on a school to verify the eligibility of a household based 
on the participation of the household in the free and reduced price 
lunch program or the school breakfast program as described in 47 CFR 
54.1600(h)(2). The participating provider must retain documentation 
demonstrating the school verifying eligibility, the program(s) that the 
school participates in, the qualifying household, and the program(s) the 
household participates in.
    (b) Provider policies and procedures. All participating providers 
must implement policies and procedures for ensuring that their Emergency 
Broadband Benefit Program households are eligible to receive the 
Emergency Broadband Benefit. A provider may not provide a consumer with 
service that it represents to be Emergency Broadband Benefit-supported 
service or seek reimbursement for such service, unless and until it has:
    (1) Confirmed that the household is an eligible household pursuant 
to 47 CFR 54.1605;
    (2) Completed any other necessary enrollment steps, and;
    (3) Securely retained all information and documentation it receives 
related to the eligibility determination and enrollment, consistent with 
47 CFR 54.1611.
    (c) One-Per-Household Worksheet. If the prospective household shares 
an address with one or more existing Emergency Broadband Benefit Program 
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 prior to initial 
enrollment.
    (d) The National Lifeline Accountability Database. In order to 
receive Emergency Broadband Benefit Program support, participating 
providers must comply with the following requirements:
    (1) All participating providers must query the National Lifeline 
Accountability Database to determine whether a prospective subscriber is 
currently receiving an Emergency Broadband Benefit-supported service 
from another participating provider; and whether anyone else living at 
the prospective subscriber's residential address is currently receiving 
an Emergency Broadband Benefit-supported service.
    (2) If the National Lifeline Accountability Database indicates that 
a prospective subscriber who is not seeking to transfer his or her 
Emergency Broadband Benefit, is currently receiving an Emergency 
Broadband Benefit-supported service, the participating provider must not 
provide and shall not seek or receive Emergency Broadband Benefit 
reimbursement for that subscriber.
    (3) Participating providers may query the National Lifeline 
Accountability Database only for the purposes provided in paragraphs 
(e)(1) and (2) of this section, and to determine whether information 
with respect to its subscribers already in the National Lifeline 
Accountability Database is correct and complete.
    (4) Participating providers must transmit to the National Lifeline 
Accountability Database in a format prescribed by the Administrator each 
new and existing Emergency Broadband Benefit Program subscriber's full 
name; full residential address; date of birth; the telephone number 
associated with the Emergency Broadband Benefit Program service; the 
date on which the

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Emergency Broadband Benefit Program discount was initiated; the date on 
which the Emergency Broadband Benefit Program discount 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 the 
Emergency Broadband Benefit Program.
    (5) All participating providers must update an existing Emergency 
Broadband Benefit Program subscriber's information in the National 
Lifeline Accountability Database within ten business days of receiving 
any change to that information, except as described in paragraph (d)(7) 
of this section.
    (6) All participating providers must obtain, from each new and 
existing subscriber, consent to transmit the subscriber's information. 
Prior to obtaining consent, the participating provider 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 
Emergency Broadband Benefit Program, and that failure to provide consent 
will result in subscriber being denied the Emergency Broadband Benefit.
    (7) When a participating provider de-enrolls a subscriber from the 
Emergency Broadband Benefit Program, it must transmit to the National 
Lifeline Accountability Database the date of Emergency Broadband Benefit 
Program de-enrollment within one business day of de-enrollment.
    (8) All participating providers must securely retain subscriber 
documentation that the participating provider reviewed to verify 
subscriber eligibility, for the purposes of production during audits or 
investigations or to the extent required by National Lifeline 
Accountability Database or National Verifier processes, which require, 
inter alia, verification of eligibility, identity, address, and age.
    (9) A participating provider must not enroll or claim for 
reimbursement a prospective subscriber in the Emergency Broadband 
Benefit Program if the National Lifeline Accountability Database or 
National Verifier cannot verify the subscriber's status as alive, unless 
the subscriber produces documentation to demonstrate his or her identity 
and status as alive.
    (e) Connected device reimbursement and the National Lifeline 
Accountability Database. In order to receive Emergency Broadband Benefit 
Program reimbursement for a connected device, participating providers 
must comply with the following requirements:
    (1) Such participating provider must query the National Lifeline 
Accountability Database to determine whether a prospective connected 
device benefit recipient has previously received a connected device 
benefit.
    (2) If the National Lifeline Accountability Database indicates that 
a prospective subscriber has received a connected device benefit, the 
participating provider must not seek a connected device reimbursement 
for that subscriber.
    (3) Such participating provider shall not seek a connected device 
reimbursement for a subscriber that is not receiving the Emergency 
Broadband Benefit for service provided by the same participating 
provider.
    (4) Where two or more participating providers file a claim for a 
connected device reimbursement for the same subscriber, only the 
participating provider whose information was received and processed by 
the National Lifeline Accountability Database or Lifeline Claims System 
first, as determined by the Administrator, will be entitled to a 
connected device reimbursement for that subscriber.
    (5) All participating providers must obtain from each subscriber 
consent to transmit the information required under paragraph (e)(1) of 
this section. Prior to obtaining consent, the participating provider 
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 Emergency Broadband Benefit Program 
connected device benefit, and that failure to provide consent will 
result in the subscriber being denied the Emergency

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Broadband Benefit Program connected device benefit.



Sec.  54.1607  Enrollment representative registration.

    Enrollment representative registration. A participating provider 
must require that enrollment representatives register with the 
Administrator before the enrollment representative can provide 
information directly or indirectly to the National Lifeline 
Accountability Database or the National Verifier.
    (a) As part of the registration process, participating providers 
must require that all enrollment representatives provide the 
Administrator 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:
    (1) Accessing the National Lifeline Accountability Database;
    (2) Accessing the National Verifier;
    (3) Accessing any eligibility database; and
    (4) Completing any Emergency Broadband Benefit Program enrollment or 
verification forms.
    (b) Participating providers must ensure that enrollment 
representatives shall not use another person's unique identifier to 
enroll Emergency Broadband Benefit Program subscribers, recertify 
Emergency Broadband Benefit Program subscribers, or access the National 
Lifeline Accountability Database or National Verifier.
    (c) Participating providers must ensure that enrollment 
representatives shall regularly recertify their status with the 
Administrator to maintain their unique identifier and maintain access to 
the systems that rely on a valid unique identifier. Participating 
providers must also ensure that enrollment representatives shall update 
their registration information within 30 days of any change in such 
information.



Sec.  54.1608  Reimbursement for providing Emergency Broadband Benefit Program discount.

    (a) Emergency Broadband Benefit Program support for providing a 
qualifying broadband internet access service shall be provided directly 
to a participating provider based on the number of actual qualifying 
low-income households listed in the National Lifeline Accountability 
Database that the participating provider serves directly as of the first 
of the month.
    (b) For each eligible household receiving Emergency Broadband 
Benefit-supported service, the reimbursement amount shall equal the 
appropriate support amount as described in 47 CFR 54.1603, except as 
otherwise provided by 47 CFR 54.1603(c). The participating provider's 
Emergency Broadband Benefit Program reimbursement shall not exceed the 
participating provider's standard rate for that offering.
    (c) A participating provider offering an Emergency Broadband Benefit 
Program service with a standard rate that does not require the 
participating provider to assess and collect a monthly fee from its 
subscribers must certify that every subscriber claimed has used their 
supported service, as defined by 47 CFR 54.407(c)(2), at least once 
during the service month being claimed prior in order to claim that 
subscriber for reimbursement in that month.
    (d) A participating provider that, in addition to providing the 
Emergency Broadband Benefit to an eligible household, provides such 
household with a connected device may be reimbursed up to $100.00 for 
such connected device, if the charge to such eligible household is more 
than $10.00 but less than $50.00 for such connected device, except that 
a participating provider may receive reimbursement for no more than one 
(1) connected device per eligible household.
    (e) In order to receive Emergency Broadband Benefit Program 
reimbursement, an officer of the participating provider must certify, as 
part of each request for reimbursement, that:
    (1) The officer is authorized to submit the request on behalf of the 
participating provider;
    (2) The officer has read the instructions relating to reimbursements 
and the funds sought in the reimbursement request are for services and/
or devices that were provided in accordance with the Emergency Broadband 
Benefit Program rules and requirements;

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    (3) The participating provider is in compliance with all of the 
rules in this subpart;
    (4) The participating provider has obtained valid certification and 
application forms as required by the rules in this subpart for each of 
the subscribers for whom it is seeking reimbursement;
    (5) The amount for which the participating provider is seeking 
reimbursement from the Emergency Broadband Connectivity Fund is not more 
than the standard rate;
    (6) Each eligible household for which the participating provider is 
seeking reimbursement for providing an internet service offering--
    (i) Has not been and will not be charged--
    (A) For such offering, if the standard rate for such offering is 
less than or equal to the amount of the emergency broadband benefit for 
such household; or
    (B) More for such offering than the difference between the standard 
rate for such offering and the amount of the emergency broadband benefit 
for such household;
    (ii) Will not be required to pay an early termination fee if such 
eligible household elects to enter into a contract to receive such 
internet service offering if such household later terminates such 
contract;
    (iii) Was not, after the date of the enactment of the Consolidated 
Appropriations Act, subject to a mandatory waiting period for such 
internet service offering based on having previously received broadband 
internet access service from such participating provider; and
    (iv) Will otherwise be subject to the participating provider's 
generally applicable terms and conditions as applied to other customers.
    (7) Each eligible household for which the participating provider is 
seeking reimbursement for supplying such household with a connected 
device was charged by the provider more than $10.00 but less than $50.00 
for such connected device;
    (8) That the connected device claimed meets the Commission's 
requirements, that the reimbursement claim amount reflects the market 
value of the device, and that the connected device has been delivered to 
the household;
    (9) The process used by the participating provider to verify that a 
household is eligible for the Emergency Broadband Benefit Program, if 
the provider elects an alternative verification process and that such 
verification process was designed to avoid waste, fraud, and abuse.
    (10) The provider has retained the relevant supporting documents 
that demonstrate the connected devices requested are eligible for 
reimbursement;
    (11) All documentation associated with the reimbursement form, 
including all records for services and/or connected devices provided, 
will be retained for a period of at least six years after the last date 
of delivery of the supported services and/or connected devices provided 
through the Emergency Broadband Benefit Program, and are subject to 
audit;
    (12) The provider neither received nor paid kickbacks, as defined by 
41 U.S.C. 8701, in connection with the Emergency Broadband Benefit 
Program;
    (13) The information contained in this form is true, complete, and 
accurate to the best of the officer's knowledge, information, and 
belief, and is based on information known to the officer or provided to 
officer by employees responsible for the information being submitted;
    (14) The officer is aware that any false, fictitious, or fraudulent 
information, or the omission of any material fact, may subject the 
officer to criminal, civil, or administrative penalties for fraud, false 
statements, false claims, or otherwise. (18 U.S.C. 286-287, 1001, 1341, 
31 U.S.C. 3729-3730, 3801-3812.); and
    (15) No service costs or devices sought for reimbursement have been 
waived, paid, or promised to be paid by another entity, including any 
Federal program.
    (f) In order to receive Emergency Broadband Benefit Program 
reimbursement, a participating provider must keep accurate records of 
the revenues it forgoes in providing Emergency Broadband Benefit-
supported services. Such records shall be kept in the form directed by 
the Administrator and provided to the Administrator at intervals

[[Page 322]]

as directed by the Administrator or as provided in this subpart.
    (g) In order to receive reimbursement, participating providers shall 
submit certified reimbursement claims through Lifeline Claims System by 
the 15th of each month, or the following business day in the event the 
15th is a holiday or falls on a weekend. If the participating provider 
fails to submit a certified reimbursement claim by the deadline for that 
month, the reimbursement claim will not be processed.



Sec.  54.1609  De-enrollment from the Emergency Broadband Benefit Program.

    (a) De-enrollment generally. If a participating provider has a 
reasonable basis to believe that an Emergency Broadband Benefit Program 
subscriber does not meet or no longer meets the criteria to be 
considered an eligible household under 47 CFR 54.1605, the participating 
provider must notify the subscriber of impending termination of his or 
her Emergency Broadband Benefit discount. 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. The participating provider must allow a subscriber 
30 days following the date of the impending termination letter to 
demonstrate continued eligibility. A subscriber making such a 
demonstration must present proof of continued eligibility to the 
National Verifier or the participating provider consistent with the 
participating provider's approved alternative verification process. A 
participating provider must de-enroll any subscriber who fails to 
demonstrate eligibility within five business days after the expiration 
of the subscriber's deadline to respond.
    (b) De-enrollment for duplicative support. Notwithstanding paragraph 
(a) of this section, upon notification by the Administrator to any 
participating provider that a subscriber is receiving the Emergency 
Broadband Benefit discount from another participating provider, or that 
more than one member of a subscriber's household is receiving the 
Emergency Broadband Benefit discount and that the subscriber should be 
de-enrolled from participation in that provider's Emergency Broadband 
Benefit program, the participating provider must de-enroll the 
subscriber from participation in that provider's Emergency Broadband 
Benefit discount within five business days. A participating provider 
shall not claim any de-enrolled subscriber for Emergency Broadband 
Benefit reimbursement following the date of that subscriber's de-
enrollment.
    (c) De-enrollment requested by subscriber. If a participating 
provider receives a request from a subscriber to de-enroll, it must de-
enroll the subscriber within two business days after the request.



Sec.  54.1610  Expiration of Emergency Broadband Benefit Program.

    (a) Prior to the conclusion of the Emergency Broadband Benefit 
Program, the Administrator will notify participating providers of the 
projected final service month for which participating providers will be 
eligible to receive reimbursement for valid reimbursement claims 
submitted pursuant to 47 CFR 54.1608. In that final month when valid 
reimbursement claims exceed remaining funds, the amount disbursed for 
both service and connected device claims to participating providers will 
be reduced on a pro-rata basis but will be no less than 50% of the total 
support amount for timely filed claims for service and connected devices 
provided to households.
    (b) Concurrent with release of the notice by the Administrator 
pursuant to paragraph (a) of this section, no new households shall be 
enrolled in the Emergency Broadband Benefit Program.
    (c) No later than 15 days after the Administrator provides notice 
pursuant to paragraph (a) of this section, participating providers shall 
give notice to subscribers receiving the Emergency Broadband Benefit of 
the last date or service month that the full benefit will apply to the 
household's bill, the last date or service month that the partial, 
final-month benefit will apply to their bill, and the expected rate of 
the broadband service once the benefit expires.

[[Page 323]]

    (d) At least 30 days before the end of the Emergency Broadband 
Benefit Program, as indicated in the notice sent by the Administrator 
pursuant to paragraph (a) of this section, participating providers must 
notify households about the upcoming end to the Emergency Broadband 
Benefit Program and clearly state that the household will be subject to 
the participating provider's generally applicable terms and conditions 
at the conclusion of the Emergency Broadband Benefit Program if the 
household elects to continue receiving broadband service from the 
participating provider.



Sec.  54.1611  Recordkeeping requirements.

    Participating providers must maintain records to document compliance 
with all Commission requirements governing the Emergency Broadband 
Benefit Program for the six full preceding calendar years and provide 
that documentation to the Commission or Administrator upon request. 
Participating providers must maintain the documentation related to the 
eligibility determination and reimbursement claims for an Emergency 
Broadband Benefit Program subscriber for as long as the subscriber 
receives the Emergency Broadband Benefit discount from that 
participating provider, but for no less than the six full preceding 
calendar years.



Sec.  54.1612  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.



                  Subpart Q_Emergency Connectivity Fund

    Source: 86 FR 29158, May 28, 2021, unless otherwise noted.



Sec.  54.1700  Terms and definitions.

    (a) Advanced telecommunications and information services. ``Advanced 
telecommunications and information services'' are services, as such term 
is used in section 254(h) of the Communications Act, 47 U.S.C. 254(h).
    (b) Billed entity. A ``billed entity'' is the entity that remits 
payment to service providers for equipment and services rendered to 
eligible schools and libraries.
    (c) Connected devices. ``Connected devices'' are laptop computers or 
tablet computers that are capable of connecting to advanced 
telecommunications and information services. Connected devices do not 
include desktop computers or smartphones.
    (d) Consortium. A ``consortium'' is any local, statewide, regional, 
or interstate cooperative association of schools and/or libraries 
eligible for Emergency Connectivity Fund support that seeks 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.
    (e) COVID-19 emergency period. The ``COVID-19 emergency period'' has 
the meaning given the term in title VII, section 7402(d)(5), Public Law 
117-2 (the American Rescue Plan Act).
    (f) Educational purposes. For purposes of this subpart, activities 
that are integral, immediate, and proximate to the education of students 
in the case of a school, or integral, immediate, and proximate to the 
provision of library services to library patrons in the case of a 
library, qualify as ``educational purposes.''
    (g) Elementary school. An ``elementary school'' means an elementary 
school as defined in 20 U.S.C. 7801, a non-profit institutional day or 
residential school,

[[Page 324]]

including a public elementary charter school, that provides elementary 
education, as determined under state law.
    (h) Library. A ``library'' includes:
    (1) A public library;
    (2) A public elementary school or secondary school library;
    (3) A Tribal library;
    (4) An academic library;
    (5) 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
    (6) 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 paragraph (h).
    (i) 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 this subpart, references to library will 
also refer to library consortium.
    (j) 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.
    (k) Secondary school. A ``secondary school'' means a secondary 
school as defined in 20 U.S.C. 7801, 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.
    (l) Wi-Fi. ``Wi-Fi'' is a wireless networking protocol based on 
Institute of Electrical and Electronics Engineers standard 802.11.
    (m) Wi-Fi hotspot. A ``Wi-Fi hotspot'' is a device that is capable 
of receiving advanced telecommunications and information services, and 
sharing such services with another connected device through the use of 
Wi-Fi.



Sec.  54.1701  Eligible recipients.

    (a) Schools. (1) Only schools meeting the statutory definition of 
``elementary school'' or ``secondary school'' as defined in Sec.  
54.1700, and not excluded under paragraph (a)(2) or (3) of this section 
shall be eligible for support under this subpart.
    (2) Schools operating as for-profit businesses shall not be eligible 
for support under this subpart.
    (3) Schools with endowments exceeding $50,000,000 shall not be 
eligible for support under this subpart.
    (b) Libraries. (1) Only libraries eligible for assistance from a 
state library administrative agency under the Library Services and 
Technology Act and not excluded under paragraph (b)(2) or (3) of this 
section shall be eligible for support under this subpart.
    (2) A library's eligibility for Emergency Connectivity Fund support 
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 support as libraries under this 
subpart.
    (3) Libraries operating as for-profit businesses shall not be 
eligible for support under this subpart.
    (c) Consortia. For consortia, reimbursement through the Emergency 
Connectivity Fund shall apply only to the portion of eligible equipment 
and services purchased by eligible schools and libraries and used by 
students, school staff, or library patrons as provided for by this 
subpart.

[[Page 325]]



Sec.  54.1702  Emergency Connectivity Fund eligible equipment and services.

    (a) Eligible equipment. For the purposes of this subpart, the 
following shall be considered equipment eligible for Emergency 
Connectivity Fund support:
    (1) Wi-Fi hotspots;
    (2) Modems;
    (3) Routers;
    (4) Devices that combine a modem and a router; and
    (5) Connected devices.
    (b) Eligible services. (1) For purposes of this subpart, except as 
provided in paragraph (b)(2) of this section, services eligible for 
Emergency Connectivity Fund support shall be commercially-available 
fixed or mobile broadband internet access services, including those 
available for purchase by schools and libraries through bulk purchasing 
arrangements.
    (2) For eligible entities unable to provide students, school staff, 
or library patrons commercially-available fixed or wireless broadband 
internet access services, services eligible for Emergency Connectivity 
Fund support shall include the reasonable costs of construction of new 
networks, including self-provisioned networks included in the Emergency 
Connectivity Fund eligible services list; and/or the reasonable costs of 
customer premises equipment to receive datacasting services.



Sec.  54.1703  Emergency Connectivity Fund competitive bidding requirements.

    A school, library, or consortium seeking to participate in the 
Emergency Connectivity Fund must comply with all applicable state, 
local, or Tribal procurement requirements for all equipment and services 
supported by the Emergency Connectivity Fund.



Sec.  54.1704  Emergency Connectivity Fund gift restrictions.

    (a) Gift restrictions. (1) Subject to paragraphs (a)(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 Emergency Connectivity Fund 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 in this section. 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 subpart, 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 (a)(2)(ii) of this section.
    (2) For purposes of this paragraph (a):
    (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 Emergency Connectivity Fund Program, including individuals who 
prepare, approve, sign or submit Emergency Connectivity Fund Program 
applications, or other forms related to the Emergency Connectivity Fund 
Program, or who prepare bids, communicate, or work with Emergency 
Connectivity Fund Program service providers, Emergency Connectivity Fund 
Program consultants, or with the Administrator, as well as any staff of 
such entities responsible for monitoring compliance with the Emergency 
Connectivity Fund 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 (a) shall not be 
applicable to the provision of any gift, gratuity, favor, entertainment, 
loan, or any

[[Page 326]]

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 Emergency Connectivity Fund 
procurement activities or decisions and are not given by service 
providers to circumvent Emergency Connectivity Fund Program rules in 
this subpart.
    (b) COVID-19 pandemic exception. Any service provider may offer and 
provide, and any applicant may solicit and accept, broadband 
connections, devices, networking equipment, or other things of value 
directly related to addressing remote learning needs of students, school 
staff, and library patrons due to the COVID-19 pandemic through June 30, 
2022.



Sec.  54.1705  Emergency Connectivity Fund eligible uses.

    Eligible equipment and services purchased with Emergency 
Connectivity Fund support must be used primarily for educational 
purposes, as defined in Sec.  54.1700.



Sec.  54.1706  Emergency Connectivity Fund service locations.

    (a)(1) Eligible schools and libraries can request and receive 
support for the purchase of eligible equipment and services for use by:
    (i) In the case of a school, students and school staff at locations 
other than the school; and
    (ii) In the case of a library, patrons of the library at locations 
other than the library.
    (2) Service locations may include, but are not limited to, homes, 
community centers, churches, school buses, bookmobiles, and any other 
off-campus locations where students, school staff, and library patrons 
are engaged in remote learning activities.
    (b) Eligible schools and libraries cannot request and receive 
support from the Emergency Connectivity Fund for the purchase of 
eligible equipment and services for use solely at the school or library 
during the COVID-19 emergency period. However, some use of eligible 
equipment, as defined in Sec.  54.1700, and eligible mobile services, 
purchased for off-campus may be used at the school or library is 
permitted.
    (c) Emergency Connectivity Fund support for eligible equipment and 
services is limited to no more than one fixed broadband internet access 
connection per location, and one connected device and one Wi-Fi hotspot 
device per student, school staff member, or library patron. For purposes 
of the per-location limitation imposed on fixed broadband internet 
access services in this paragraph (c), each unit in a multi-tenant 
environment is a separate location for purposes of this paragraph (c).



Sec.  54.1707  Emergency Connectivity Fund reasonable support amounts.

    Except as provided elsewhere in this subpart, in providing support 
from the Emergency Connectivity Fund, the Commission shall reimburse 
100% of the costs associated with the eligible equipment and/or 
services, except that any reimbursement of for the costs associated with 
any eligible equipment or service may not exceed a reasonable support 
amount as provided in paragraphs (a) and (b) of this section.
    (a) Support amounts are limited up to $400 for connected devices and 
up to $250 for Wi-Fi hotspots.
    (b) The Wireline Competition Bureau is delegated authority to 
provide guidance to the Administrator to assess the reasonableness of 
requests for other eligible equipment or services, including those 
identified by the Administrator

[[Page 327]]

as containing costs that are inconsistent with other requests.



Sec.  54.1708  Emergency Connectivity Fund cap and requests.

    (a) Cap. (1) The Emergency Connectivity Fund shall have a cap of 
$7,171,000,000.
    (2) $1,000,000 to remain available until September 30, 2030, for the 
Inspector General of the Commission to conduct oversight of support 
provided through the Emergency Connectivity Fund.
    (3) Not more than 2% of the cap, or approximately $143,420,000, 
shall be used by the Commission and the Administrator for administration 
of the Emergency Connectivity Fund.
    (b) Requests. The Administrator shall implement an initial filing 
window, covering funding for purchases made between July 1, 2021 and 
June 30, 2022 for eligible equipment and services provided to students, 
school staff, and library patrons who would otherwise lack connected 
devices and/or broadband internet access services sufficient to engage 
in remote learning. All schools and libraries filing an application 
within that the initial filing period will have their applications 
treated as if they were simultaneously received. The initial filing 
period shall conclude after 45 days. If demand does not exceed available 
funds for the first filing window, the Wireline Competition Bureau will 
direct the Administrator to open a second application window for schools 
and libraries to seek funding for eligible equipment and services 
schools and libraries previously purchased to address the needs of 
students, school staff, and library patrons who would otherwise have 
lacked access to the equipment or services sufficient to engage in these 
activities during the COVID-19 pandemic. During this second application 
window, applicants will be able to submit requests for funding for 
purchases made from March 1, 2020 to June 30, 2021. However, in 
consideration of the importance of providing support for unconnected 
students, in the event that demand for prospective support in the first 
window appears to be far short of meeting current needs, the Commission 
may consider opening a second prospective window before opening an 
application window to fund previously purchased eligible equipment and 
services. If demand does not exceed available funds after the close of 
the second filing window, the Wireline Competition Bureau may direct the 
Administrator to open additional filing windows until the funds are 
exhausted or the emergency period ends, whichever is earlier.
    (c) Rules of distribution. (1) When the filing window(s) described 
in paragraph (b) of this section closes, the Administrator shall 
calculate the total demand for support submitted by applicants during 
the filing window. If total demand exceeds the total support available, 
the Administrator shall allocate funds to these requests for support, 
beginning with the most economically disadvantaged schools and 
libraries, as determined by the schools and libraries category one 
discount matrix in Sec.  54.505(c) adjusted to provide a five percent 
increase for rural schools and libraries, as shown in the following 
matrix.

                       Table 1 to Paragraph (c)(1)
------------------------------------------------------------------------
                                         Emergency connectivity fund
                                            prioritization matrix
    % of students eligible for     -------------------------------------
   National School Lunch Program               Discount level
                                   -------------------------------------
                                          Urban              Rural
------------------------------------------------------------------------
< 1...............................                 20                 30
1-19..............................                 40                 55
20-34.............................                 50                 65
35-49.............................                 60                 75
50-74.............................                 80                 85
75-100............................                 90                 95
------------------------------------------------------------------------


[[Page 328]]

    (2) Schools and libraries eligible for a 95 percent discount shall 
receive first priority for the funds. The Administrator shall next 
allocate funds toward the requests submitted by schools and libraries 
eligible for an 90 percent discount, then for a 85 percent discount, and 
shall continue committing funds in the same manner to the applicants at 
each descending discount level until there are no funds remaining. If 
the remaining funds are not sufficient to support all of the funding 
requests within a particular discount level, the Administrator shall 
allocate funds at that discount level using the percentage of students 
eligible for the National School Lunch Program.



Sec.  54.1709  Availability period of the Emergency Connectivity Fund.

    The Emergency Connectivity Fund was established by Congress in the 
United States Treasury through an appropriation of $7.171 billion, to 
remain available until September 30, 2030.



Sec.  54.1710  Emergency Connectivity Fund requests for funding.

    (a) Filing of the FCC Form 471. An eligible school, library, or 
consortium that includes an eligible school or library seeking to 
receive Emergency Connectivity Fund support for eligible equipment and 
services under this subpart shall submit a completed FCC Form 471 to the 
Administrator.
    (1) The FCC Form 471 shall be signed by the person authorized to 
order eligible services for the eligible school, library, or consortium 
and shall include that person's certification under penalty of perjury 
that:
    (i) ``I am authorized to submit this application on behalf of the 
above-named applicant and that based on information known to me or 
provided to me by employees responsible for the data being submitted, I 
hereby certify that the data set forth in this application has been 
examined and is true, accurate and complete. I acknowledge that any 
false statement on this application or on other documents submitted by 
this applicant can be punished by fine or forfeiture under the 
Communications Act (47 U.S.C. 502, 503(b)), or fine or imprisonment 
under Title 18 of the United States Code (18 U.S.C. 1001), or can lead 
to liability under the False Claims Act (31 U.S.C. 3729-3733).''
    (ii) ``In addition to the foregoing, this applicant is in compliance 
with the rules and orders governing the Emergency Connectivity Fund 
Program, and I acknowledge that failure to be in compliance and remain 
in compliance with those rules and orders may result in the denial of 
funding, cancellation of funding commitments, and/or recoupment of past 
disbursements. I acknowledge that failure to comply with the rules and 
orders governing the Emergency Connectivity Fund Program could result in 
civil or criminal prosecution by law enforcement authorities.''
    (iii) ``By signing this application, I certify that the information 
contained in this application is true, complete, and accurate, and the 
projected expenditures, disbursements and cash receipts are for the 
purposes and objectives set forth in the terms and conditions of the 
Federal award. I am aware that any false, fictitious, or fraudulent 
information, or the omission of any material fact, may subject me to 
criminal, civil or administrative penalties for fraud, false statements, 
false claims or otherwise. (U.S. Code Title 18, sections 1001, 286-287 
and 1341 and Title 31, sections 3729-3730 and 3801-3812).''
    (iv) The school meets the statutory definition of ``elementary 
school'' or ``secondary school'' as defined in Sec.  54.1700, does not 
operate as for-profit businesses, and does not have endowments exceeding 
$50 million.
    (v) The library or library consortia eligible is for assistance from 
a State library administrative agency under the Library Services and 
Technology Act, does not operate as for-profit businesses, and their 
budgets are completely separate from any school (including, but not 
limited to, elementary and secondary schools, colleges, and 
universities).
    (vi) The school, library, or consortia listed on the FCC Form 471 
application has complied with all applicable state, local, or Tribal 
local laws regarding procurement of services for which support is being 
sought.

[[Page 329]]

    (vii) The school or school consortium listed on the FCC Form 471 
application is only seeking support for eligible equipment and/or 
services provided to students and school staff who would otherwise lack 
connected devices and/or broadband services sufficient to engage in 
remote learning.
    (viii) The library or library consortium listed on the FCC Form 471 
application is only seeking support for eligible equipment and/or 
services provided to library patrons who have signed and returned a 
statement that the library patron would otherwise lack access to 
equipment or services sufficient to meet the patron's educational needs 
if not for the use of the equipment or service being provided by the 
library.
    (ix) The school, library, or consortia is not seeking Emergency 
Connectivity Fund support or reimbursement for eligible equipment or 
services that have been purchased and reimbursed in full with other 
Federal pandemic-relief funding, targeted state funding, other external 
sources of targeted funding or targeted gifts, or eligible for discounts 
from the schools and libraries universal service support mechanism or 
other universal service support mechanism.
    (x) The applicant or the relevant student, school staff member, or 
library patron has received, or the applicant has ordered or will order, 
the equipment and services for which funding is sought.
    (xi) The equipment and services the school, library, or consortium 
purchases or will purchase using Emergency Connectivity Fund support 
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.  54.1713.
    (xii) The school, library, or consortium will create and maintain an 
equipment and service inventory as required by Sec.  54.1715.
    (xiii) The school, library, or consortium has complied with all 
program rules and acknowledge that failure to do so may result in denial 
of discount funding and/or recovery of funding.
    (xiv) The applicant recognizes that it may be audited pursuant to 
its application, that it will retain for ten years any and all records 
related to its application, and that, if audited, it shall produce shall 
records at the request of any representative (including any auditor) 
appointed by a state education department, the Administrator, the 
Commission and its Office of Inspector General, or any local, state, or 
Federal agency with jurisdiction over the entity.
    (xv) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 
1320a-7b, were paid or received by the applicant to anyone in connection 
with the Emergency Connectivity Fund.
    (2) Applicants seeking support for new network construction or end-
user equipment for datacasting services through the Emergency 
Connectivity Fund must also certify under penalty of perjury that they 
sought service from existing service providers in the relevant area and 
that such service providers were unable or unwilling to provide 
broadband internet access services sufficient to meet the remote 
learning needs of their students, school staff, or library patrons.
    (3) All information submitted as part of an FCC Form 471 application 
shall be treated as public and non-confidential by the Administrator.
    (b) Service substitution. (1) A request by an applicant to 
substitute equipment or service for one identified on its FCC Form 471 
must be in writing.
    (2) The Administrator shall approve such written request where:
    (i) The equipment or service has the same functionality; and
    (ii) This substitution does not violate any contract provisions or 
state, local, or Tribal procurement law.
    (3) In the event that an equipment or service substitution results 
in a change in the amount of support, support shall be based on the 
lower of either the price for the equipment or service for which support 
was originally requested or the price of the new, substituted equipment 
or service. Reimbursement for substitutions shall only be provided after 
the Administrator has approved a written request for substitution.
    (c) Mixed eligibility equipment and services. If equipment or 
service includes both ineligible and eligible components, the applicant 
must remove the cost of the ineligible components of the

[[Page 330]]

equipment or service from the request for funding submitted to the 
Administrator.

[86 FR 29158, May 28, 2021, as amended at 86 FR 38570, July 22, 2021; 86 
FR 41409, Aug. 2, 2021]



Sec.  54.1711  Emergency Connectivity Fund requests for reimbursement.

    (a) Submission of request for reimbursement (FCC Form 472 or FCC 
Form 474). Emergency Connectivity Fund Program reimbursement for the 
costs associated with eligible equipment and/or services shall be 
provided directly to an eligible school, library, consortium that 
includes an eligible school or library, or service provider seeking 
reimbursement from the Emergency Connectivity Fund Program upon 
submission and approval of a completed FCC Form 472 (Billed Entity 
Applicant Reimbursement Form) or a completed FCC Form 474 (Service 
Provider Invoice) to the Administrator.
    (1) The FCC Form 472 shall be signed by the person authorized to 
submit requests for reimbursement for the eligible school, library, or 
consortium and shall include that person's certification under penalty 
of perjury that:
    (i) ``I am authorized to submit this request for reimbursement on 
behalf of the above-named school, library or consortium and that based 
on information known to me or provided to me by employees responsible 
for the data being submitted, I hereby certify that the data set forth 
in this request for reimbursement has been examined and is true, 
accurate and complete. I acknowledge that any false statement on this 
request for reimbursement or on other documents submitted by this 
school, library or consortium can be punished by fine or forfeiture 
under the Communications Act (47 U.S.C. 502, 503(b)), or fine or 
imprisonment under Title 18 of the United States Code (18 U.S.C. 1001), 
or can lead to liability under the False Claims Act (31 U.S.C. 3729-
3733).''
    (ii) ``In addition to the foregoing, the school, library or 
consortium is in compliance with the rules and orders governing the 
Emergency Connectivity Fund Program, and I acknowledge that failure to 
be in compliance and remain in compliance with those rules and orders 
may result in the denial of funding, cancellation of funding 
commitments, and/or recoupment of past disbursements. I acknowledge that 
failure to comply with the rules and orders governing the Emergency 
Connectivity Fund Program could result in civil or criminal prosecution 
by law enforcement authorities.''
    (iii) ``By signing this request for reimbursement, I certify that 
the information contained in this request for reimbursement is true, 
complete, and accurate, and the expenditures, disbursements and cash 
receipts are for the purposes and objectives set forth in the terms and 
conditions of the Federal award. I am aware that any false, fictitious, 
or fraudulent information, or the omission of any material fact, may 
subject me to criminal, civil or administrative penalties for fraud, 
false statements, false claims or otherwise. (U.S. Code Title 18, 
sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and 
3801-3812).''
    (iv) The funds sought in the request for reimbursement are for 
eligible equipment and/or services that were purchased or ordered in 
accordance with the Emergency Connectivity Fund Program rules and 
requirements in this subpart and received by either the school, library, 
or consortium, or the students, school staff, or library patrons as 
appropriate.
    (v) The portion of the costs eligible for reimbursement and not 
already paid for by another source was either paid for in full by the 
school, library, or consortium, or will be paid to the service provider 
within 30 days of receipt of funds.
    (vi) The amount for which the school, library, or consortium is 
seeking reimbursement from the Emergency Connectivity Fund consistent 
with the requirements set out in Sec.  54.1707.
    (vii) The school, library, or consortium is not seeking Emergency 
Connectivity Fund reimbursement for eligible equipment and/or services 
that have been purchased and reimbursed in full with other Federal 
pandemic relief funding (e.g., the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act, Emergency Broadband Benefit Program, or other 
provisions of the American Rescue Plan), targeted state

[[Page 331]]

funding, other external sources of targeted funding, or targeted gifts 
or eligible for discounts from the schools and libraries universal 
service support mechanism or other universal service support mechanisms.
    (viii) The equipment and services the school, library, or consortium 
purchased using Emergency Connectivity Fund support will be used 
primarily for educational purposes as defined in Sec.  54.1700 and that 
the authorized person is not willfully or knowingly requesting 
reimbursement for equipment or services that are not being used.
    (ix) The equipment and services the school, library, or consortium 
purchased will not be sold, resold, or transferred in consideration for 
money or any other thing of value, except as allowed by Sec.  54.1713.
    (x) The school, library, or consortium recognizes that it may be 
subject to an audit, inspection or investigation pursuant to its request 
for reimbursement, that it will retain for ten years any and all records 
related to its request for reimbursement, and will make such records and 
equipment purchased with Emergency Connectivity Fund reimbursement 
available at the request of any representative (including any auditor) 
appointed by a state education department, the Administrator, the 
Commission and its Office of Inspector General, or any local, state, or 
Federal agency with jurisdiction over the entity.
    (xi) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 
1320a-7b, were paid or received by the applicant to anyone in connection 
with the Emergency Connectivity Fund.
    (xii) No 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 services has been or will be used to purchase, rent, 
lease, or otherwise obtain, any covered communications equipment or 
service, or maintain any covered communications equipment or service, or 
maintain any covered communications equipment or service previously 
purchased, rented, leased, or otherwise obtained, as required by Sec.  
54.10.
    (2) The FCC Form 474 shall be signed by the person authorized to 
submit requests for reimbursement for the service provider and shall 
include that person's certification under penalty of perjury that:
    (i) ``I am authorized to submit this request for reimbursement on 
behalf of the above-named service provider and that based on information 
known to me or provided to me by employees responsible for the data 
being submitted, I hereby certify that the data set forth in this 
request for reimbursement has been examined and is true, accurate and 
complete. I acknowledge that any false statement on this request for 
reimbursement or on other documents submitted by this school, library or 
consortium can be punished by fine or forfeiture under the 
Communications Act (47 U.S.C. 502, 503(b)), or fine or imprisonment 
under Title 18 of the United States Code (18 U.S.C. 1001), or can lead 
to liability under the False Claims Act (31 U.S.C. 3729-3733).''
    (ii) ``In addition to the foregoing, the service provider is in 
compliance with the rules and orders governing the Emergency 
Connectivity Fund Program, and I acknowledge that failure to be in 
compliance and remain in compliance with those rules and orders may 
result in the denial of funding, cancellation of funding commitments, 
and/or recoupment of past disbursements. I acknowledge that failure to 
comply with the rules and orders governing the Emergency Connectivity 
Fund Program could result in civil or criminal prosecution by law 
enforcement authorities.''
    (iii) ``By signing this request for reimbursement, I certify that 
the information contained in this request for reimbursement is true, 
complete, and accurate, and the expenditures, disbursements and cash 
receipts are for the purposes and objectives set forth in the terms and 
conditions of the Federal award. I am aware that any false, fictitious, 
or fraudulent information, or the omission of any material fact, may 
subject me to criminal, civil or administrative penalties for fraud, 
false statements, false claims or otherwise. (U.S. Code Title 18, 
sections 1001, 286-287 and 1341 and Title 31, sections 3729-3730 and 
3801-3812).''

[[Page 332]]

    (iv) The funds sought in the request for reimbursement are for 
eligible equipment and/or services that were purchased or ordered in 
accordance with the Emergency Connectivity Fund Program rules and 
requirements in this subpart and received by either the school, library, 
or consortium, or by students, school staff, or library patrons, as 
appropriate.
    (v) The amount for which the service provider is seeking 
reimbursement from the Emergency Connectivity Fund is consistent with 
the requirements set forth in Sec.  54.1707.
    (vi) The service provider is not willfully or knowingly requesting 
reimbursement for services that are not being used.
    (vii) The service provider is not seeking Emergency Connectivity 
Fund reimbursement for eligible equipment and/or services for which it 
has already been paid.
    (viii) The service provider recognizes that it may be subject to an 
audit, inspection, or investigation pursuant to its request for 
reimbursement, that it will retain for ten years any and all records 
related to its request for reimbursement, and will make such records and 
equipment purchased with Emergency Connectivity Fund reimbursement 
available at the request of any representative (including any auditor) 
appointed by a state education department, the Administrator, the 
Commission and its Office of Inspector General, or any local, state, or 
Federal agency with jurisdiction over the entity.
    (ix) No kickbacks, as defined in 41 U.S.C. 8701 and/or 42 U.S.C. 
1320a-7b, were paid or received by the applicant to anyone in connection 
with the Emergency Connectivity Fund.
    (x) No 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 
services has been or will be used to purchase, rent, lease, or otherwise 
obtain, any covered communications equipment or service, or maintain any 
covered communications equipment or service, or maintain any covered 
communications equipment or service previously purchased, rented, 
leased, or otherwise obtained, as required by Sec.  54.10.
    (b) Required documentation. Along with the submission of a completed 
FCC Form 472 or a completed FCC Form 474, an eligible school, library, 
consortium that includes an eligible school or library, or service 
provider seeking reimbursement from the Emergency Connectivity Fund must 
submit invoices detailing the items purchased or ordered to the 
Administrator at the time the FCC Form 472 or FCC Form 474 is submitted. 
Applicants that seek payment from the Emergency Connectivity Fund prior 
to paying their service provider(s) must also provide verification of 
payment to the service provider(s) within 30 days of receipt of funds.
    (c) Reimbursement and invoice processing. The Administrator shall 
accept and review requests for reimbursement and invoices subject to the 
invoice filing deadlines provided in paragraph (d) of this section.
    (d) Invoice filing deadline. Invoices must be submitted to the 
Administrator within 60 days from the date of a funding commitment 
decision letter; a revised funding commitment decision letter approving 
a post-commitment change or a successful appeal of a previously denied 
or reduced funding; notification by the Administrator of a processed 
returned funds (or refund) request; or service delivery date, whichever 
is later.
    (e) Service delivery date. (1) Except as provided in paragraphs 
(e)(1)(i) and (ii) of this section, for the initial filing window set 
forth in Sec.  54.1708(b) and second application filing window, the 
service delivery date for equipment, other non-recurring services, and 
recurring services is June 30, 2023.
    (i) If the funding commitment decision letter or a revised funding 
commitment decision letter approving an appeal, waiver, or post-
commitment request for equipment, is received on or after July 1, 2022, 
the service delivery date for service funding requests is 14 months from 
the date of that letter or June 30, 2024, whichever date is earlier.
    (ii) If the funding commitment decision letter or a revised funding 
commitment decision letter approving an

[[Page 333]]

appeal, waiver, or post-commitment request for equipment, is received on 
or after January 1, 2023, the service delivery date for equipment is 180 
days from the date of that letter or June 30, 2024, whichever date is 
earlier.
    (2) For the third application filing window and any subsequent 
filing windows covering funding for purchases made between July 1, 2022, 
and June 30, 2024, the service delivery date for equipment, other non-
recurring services, and recurring services is June 30, 2024.

[, as amended at 86 FR 41409, Aug. 2, 2021, as amended at 86 FR 70985, 
Dec. 14, 2021; 87 FR 14181, Mar. 14, 2022; 87 FR 19395, Apr. 4, 2022; 88 
FR 36513, June 5, 2023; 88 FR 58511, Aug. 28, 2023]



Sec.  54.1712  Duplicate support.

    Entities participating in the Emergency Connectivity Fund may not 
seek Emergency Connectivity Fund support or reimbursement for eligible 
equipment or services that have been purchased with or reimbursed in 
full from other Federal pandemic-relief funding, targeted state funding, 
other external sources of targeted funding or targeted gifts, or 
eligible for discounts from the schools and libraries universal service 
support mechanism or other universal service support mechanisms.



Sec.  54.1713  Treatment, resale, and transfer of equipment.

    (a) Prohibition on resale. Eligible equipment and services purchased 
with Emergency Connectivity Fund support shall not be sold, resold, or 
transferred in consideration of money or any other thing of value, 
except as provided in paragraph (b) of this section.
    (b) Disposal of obsolete equipment. Eligible equipment purchased 
using Emergency Connectivity Fund support shall be considered obsolete 
if the equipment are at least three years old. Obsolete equipment may be 
resold or transferred in consideration of money or any other thing of 
value, disposed of, donated, or traded.



Sec.  54.1714  Audits, inspections, and investigations.

    (a) Audits. Schools, libraries, consortia, and service providers 
shall be subject to audits and other investigations to evaluate their 
compliance with the statutory and regulatory requirements in this 
subpart for the Emergency Connectivity Fund, including those 
requirements pertaining to what equipment and services are purchased, 
what equipment and services are delivered, and how equipment and 
services are being used.
    (b) Inspections and investigations. Schools, libraries, consortia, 
and service providers shall permit any representative (including any 
auditor) appointed by a state education department, the Administrator, 
the Commission and its Office of Inspector General, or any local, state, 
or Federal agency with jurisdiction over the entity to enter their 
premises to conduct inspections for compliance with the statutory and 
regulatory requirements in this subpart of the Emergency Connectivity 
Fund.
    (c) Production of records for audits, inspections, and 
investigations. Where necessary for compliance with Federal or state 
privacy laws, Emergency Connectivity Fund participants may produce 
records regarding students, school staff, and library patrons in an 
anonymized or deidentified format. When requested by the Administrator 
or the Commission, as part of an audit or investigation, schools, 
libraries, and consortia must seek consent to provide personally 
identification information from a student who has reached the age of 
majority, the relevant parent/guardian of a minor student, or the school 
staff member or library patron prior to disclosure.



Sec.  54.1715  Records retention.

    (a) Equipment and service inventory requirements. Schools, 
libraries, and consortia shall keep asset and service inventories as 
follows:
    (1) For each connected device or other piece of equipment provided 
to an individual student, school staff member, or library patron, the 
asset inventory must identify:
    (i) The device or equipment type (i.e. laptop, tablet, mobile 
hotspot, modem, router);
    (ii) The device or equipment make/model;
    (iii) The device or equipment serial number;

[[Page 334]]

    (iv) The full name of the person to whom the device or other piece 
of equipment was provided; and
    (v) The dates the device or other piece of equipment was loaned out 
and returned to the school or library, or the date the school or library 
was notified that the device or other piece of equipment was missing, 
lost, or damaged.
    (2) For each connected device or other piece of eligible equipment 
not provided to an individual student, school staff member, or library 
patron, but used to provide service to multiple eligible users, the 
asset inventory must contain:
    (i) The device type or equipment type (i.e. laptop, tablet, mobile 
hotspot, modem, router);
    (ii) The device or equipment make/model;
    (iii) The device or equipment serial number;
    (iv) The name of the school or library employee responsible for that 
device or equipment; and
    (v) The dates the device or equipment was in service.
    (3) For services provided to individual students, school staff, or 
library patrons, the service inventory must contain:
    (i) The type of service provided (i.e., DSL, cable, fiber, fixed 
wireless, satellite, mobile wireless);
    (ii) The service plan details, including upload and download speeds 
and monthly data cap;
    (iii) The full name of the person(s) to whom the service was 
provided;
    (iv) The service address (for fixed broadband service only);
    (v) The installation date of the service (for fixed broadband 
service only); and
    (vi) The last date of service, as applicable (for fixed broadband 
service only).
    (4) For services not provided to an individual student, school staff 
member, or library patron, but used to provide service to multiple 
eligible users, the service inventory must contain:
    (i) The type of service provided (i.e., DSL, cable, fiber, fixed 
wireless, satellite, mobile wireless);
    (ii) The service plan details, including upload and download speeds 
and monthly data cap;
    (iii) The name of the school or library employee responsible for the 
service;
    (iv) A description of the intended service area;
    (v) The service address (for fixed broadband service only);
    (vi) The installation date of the service (for fixed broadband 
service only); and
    (vii) The last date of service, as applicable (for fixed broadband 
service only).
    (b) Records retention. All Emergency Connectivity Fund participants 
shall retain records related to their participation in the program 
sufficient to demonstrate compliance with all program rules in this 
subpart for at least ten (10) years from the last date of service or 
delivery of equipment.
    (c) Production of records. All Emergency Connectivity Fund 
participants shall present such records upon request any representative 
(including any auditor) appointed by a state education department, the 
Administrator, the Commission and its Office of Inspector General, or 
any local, state, or Federal agency with jurisdiction over the entity. 
When requested by the Administrator or the Commission, schools, 
libraries, and consortia must seek consent to provide personally 
identification information from a student who has reached the age of 
majority, the relevant parent/guardian of a minor student, or the school 
staff member or library patron prior to disclosure.



Sec.  54.1716  Children's Internet Protection Act certifications.

    (a) Definitions--(1) School. For the purposes of the certification 
requirements of this section, school means school, school board, school 
district, local education agency or other authority responsible for 
administration of a school.
    (2) Library. For the purposes of the certification requirements of 
this section, library means library, library board or authority 
responsible for administration of a library.

[[Page 335]]

    (3) Billed entity. Billed entity is defined in Sec.  54.1700. In the 
case of a consortium, the billed entity is the lead member of the 
consortium.
    (4) Connected devices. Connected devices are defined in Sec.  
54.1700.
    (b) Who is required to make certifications? (1) A school or library 
that receives support for internet access, internet service, or internal 
connections services under the Federal universal service support 
mechanism for schools and libraries, or internet access or internet 
service through the Emergency Connectivity Fund, must make such 
certifications as described in paragraph (c) of this section. The 
certifications required and described in paragraph (c) of this section 
must be made in each funding year.
    (2) A school or library that receives support for connected devices 
through the Emergency Connectivity Fund and uses internet access or 
internet service funded through the Federal universal service support 
mechanism for schools and libraries or through the Emergency 
Connectivity Fund must make the certifications as described in paragraph 
(c) of this section. The certifications required and described in 
paragraph (c) of this section must be made in each funding year.
    (3) Schools and libraries that are not receiving support for 
internet access, internet service, or internal connections under the 
Federal universal service support mechanism for schools and libraries; 
internet access or internet service through the Emergency Connectivity 
Fund; or connected devices that do not use internet access or internet 
service funded through the Federal universal service support mechanism 
for schools and libraries or the Emergency Connectivity Fund are not 
subject to the requirements in 47 U.S.C. 254(h) and (l), but must 
indicate, pursuant to the certification requirements in paragraph (c) of 
this section, that they are not receiving support for such services or 
that the connected devices do not use internet access or internet 
service funded through the Federal universal service support mechanism 
for schools and libraries or the Emergency Connectivity Fund.
    (c) Certifications required under 47 U.S.C. 254(h) and (1). (1) An 
Emergency Connectivity Fund applicant need not complete additional 
Children's Internet Protection Act (CIPA) compliance certifications if 
the applicant has already certified its CIPA compliance for the relevant 
funding year (i.e., has certified its compliance in an FCC Form 486 or 
FCC Form 479).
    (2) Emergency Connectivity Fund applicants that have not already 
certified their CIPA compliance for an E-Rate application for the 
relevant funding year (i.e., have not completed a FCC Form 486 or FCC 
Form 479), will be required to certify:
    (i) That they are in compliance with CIPA requirements under 
sections 254(h) and (l);
    (ii) That they are undertaking the actions necessary to comply with 
CIPA requirements as part of their request for support through the 
Emergency Connectivity Fund; or
    (iii) If applicable, that the requirements of CIPA do not apply, 
because the applicant is not receiving support for internet access, 
internet service, or internal connections under the Federal universal 
service support mechanism for schools and libraries or internet access 
or internet service through the Emergency Connectivity Fund, or the 
connected devices do not use internet access or internet service funded 
through the Federal universal support mechanism for schools and 
libraries or the Emergency Connectivity Fund.
    (d) Failure to provide certifications--(1) Schools and libraries. A 
school or library that knowingly fails to submit certifications as 
required by this section shall not be eligible for support through the 
Emergency Connectivity Fund until such certifications are submitted.
    (2) Consortia. A billed entity's knowing failure to collect the 
required certifications from its eligible school and library members or 
knowing failure to certify that it collected the required certifications 
shall render the entire consortium ineligible for support through the 
Emergency Connectivity Fund.
    (3) Reestablishing eligibility. At any time, a school or library 
deemed ineligible for equipment and services under

[[Page 336]]

the Emergency Connectivity Fund because of failure to submit 
certifications required by this section may reestablish eligibility for 
support by providing the required certifications to the Administrator 
and the Commission.
    (e) Failure to comply with the certifications--(1) Schools and 
libraries. A school or library that knowingly fails to comply with the 
certifications required by this section must reimburse any funds and 
support received under the Emergency Connectivity Fund for the period in 
which there was noncompliance.
    (2) Consortia. In the case of consortium applications, the 
eligibility for support of consortium members who comply with the 
certification requirements of this section shall not be affected by the 
failure of other school or library consortium members to comply with 
such requirements.
    (3) Reestablishing compliance. At any time, a school or library 
deemed ineligible for support through the Emergency Connectivity Fund 
for failure to comply with the certification requirements of this 
section and that has been directed to reimburse the program for support 
received during the period of noncompliance may reestablish compliance 
by complying with the certification requirements under this section. 
Upon submittal to the Commission of a certification or other appropriate 
evidence of such remedy, the school or library shall be eligible for 
support through the Emergency Connectivity Fund.
    (f) Waivers based on state or local procurement rules and 
regulations and competitive bidding requirements. Waivers shall be 
granted to schools and libraries when the authority responsible for 
making the certifications required by this section cannot make the 
required certifications because its state or local procurement rules or 
regulations or competitive bidding requirements prevent the making of 
the certification otherwise required. The waiver shall be granted upon 
the provision, by the authority responsible for making the 
certifications on behalf of schools or libraries, that the schools or 
libraries will be brought into compliance with the requirements of this 
section before the close of the relevant funding year.



Sec.  54.1717  Administrator of the Emergency Connectivity Fund.

    (a) The Universal Service Administrative Company is appointed the 
permanent Administrator of the Emergency Connectivity Fund and shall be 
responsible for administering the Emergency Connectivity Fund.
    (b) The Administrator shall be responsible for reviewing 
applications for funding, recommending funding commitments, issuing 
funding commitment decision letters, reviewing invoices and recommending 
payment of funds, as well as other administration-related duties.
    (c) The Administrator may not make policy, interpret unclear 
provisions of statutes or rules, or interpret the intent of Congress. 
Where statutes or the Commission's rules in this subpart are unclear, or 
do not address a particular situation, the Administrator shall seek 
guidance from the Commission.
    (d) The Administrator may advocate positions before the Commission 
and its staff only on administrative matters relating to the Emergency 
Connectivity Fund.
    (e) The Administrator shall create and maintain a website, as 
defined in Sec.  54.5, on which applications for services will be posted 
on behalf of schools and libraries.
    (f) The Administrator shall provide the Commission full access to 
the data collected pursuant to the administration of the Emergency 
Connectivity Fund.
    (g) The administrator shall provide performance measurements 
pertaining to the Emergency Connectivity Fund as requested by the 
Commission by order or otherwise.
    (h) The Commission shall have the authority to audit all entities 
reporting data to the Administrator regarding the Emergency Connectivity 
Fund. When the Commission, the Administrator, or any independent auditor 
hired by the Commission or the Administrator, conducts audits of the 
participants of the Emergency Connectivity Fund, such audits shall be 
conducted in accordance with generally accepted government auditing 
standards.

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    (i) The Commission shall establish procedures to verify support 
amounts provided by the Emergency Connectivity Fund and may suspend or 
delay support amounts if a party fails to provide adequate verification 
of the support amounts provided upon reasonable request from the 
Administrator.
    (j) The Administrator shall make available to whomever the 
Commission directs, free of charge, any and all intellectual property, 
including, but not limited to, all records and information generated by 
or resulting from its role in administering the support mechanisms, if 
its participation in administering the Emergency Connectivity Fund ends. 
If its participation in administering the Emergency Connectivity Fund 
ends, the Administrator shall be subject to close-out audits at the end 
of its term.



Sec.  54.1718  Appeal and waiver requests.

    (a) Parties permitted to seek review of Administrator decision. (1) 
Any party aggrieved by an action taken by the Administrator must first 
seek review from the Administrator.
    (2) Any party aggrieved by an action taken by the Administrator 
under paragraph (a)(1) of this section may seek review from the Federal 
Communications Commission as set forth in paragraph (b) of this section.
    (3) Parties seeking waivers of the Commission's rules in this 
subpart shall seek relief directly from the Commission and need not 
first file an action for review from the Administrator under paragraph 
(a)(1) of this section.
    (b) Filing deadlines. (1) An affected party requesting review of a 
decision by the Administrator pursuant to paragraph (a)(1) of this 
section shall file such a request within thirty (30) days from the date 
the Administrator issues a decision.
    (2) An affected party requesting review by the Commission pursuant 
to paragraph (a)(2) of this section of a decision by the Administrator 
under paragraph (a)(1) of this section shall file such a request with 
the Commission within thirty (30) days from the date of the 
Administrator's decision. Further, any party seeking a waiver of the 
Commission's rules under paragraph (a)(3) of this section shall file a 
request for such waiver within thirty (30) days from the date of the 
Administrator's initial decision, or, if an appeal is filed under 
paragraph (a)(1) of this section, within thirty days from the date of 
the Administrator's decision resolving such an appeal.
    (3) In all cases of requests for review filed under paragraphs 
(a)(1) through (3) of this section, the request for review shall be 
deemed filed on the postmark date. If the postmark date cannot be 
determined, the applicant must file a sworn affidavit stating the date 
that the request for review was mailed.
    (4) Parties shall adhere to the time periods for filing oppositions 
and replies set forth in Sec.  1.45 of this chapter.
    (c) General filing requirements. (1) Except as otherwise provided in 
this section, a request for review of an Administrator decision by the 
Federal Communications Commission shall be filed with the Federal 
Communications Commission's Office of the Secretary in accordance with 
the general requirements set forth in part 1 of this chapter. The 
request for review shall be captioned ``In the Matter of Request for 
Review by (name of party seeking review) of Decision of Universal 
Service Administrator'' and shall reference the applicable docket 
numbers.
    (2) A request for review pursuant to paragraphs (a)(1) through (3) 
of this section shall contain:
    (i) A statement setting forth the party's interest in the matter 
presented for review;
    (ii) A full statement of relevant, material facts with supporting 
affidavits and documentation;
    (iii) The question presented for review, with reference, where 
appropriate, to the relevant Federal Communications Commission rule, 
Commission order, or statutory provision; and
    (iv) A statement of the relief sought and the relevant statutory or 
regulatory provision pursuant to which such relief is sought.
    (3) A copy of a request for review that is submitted to the Federal 
Communications Commission shall be served on the Administrator 
consistent with the requirement for service of documents set forth in 
Sec.  1.47 of this chapter.

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    (4) If a request for review filed pursuant to paragraphs (a)(1) 
through (3) of this section alleges prohibitive conduct on the part of a 
third party, such request for review shall be served on the third party 
consistent with the requirement for service of documents set forth in 
Sec.  1.47 of this chapter. The third party may file a response to the 
request for review. Any response filed by the third party shall adhere 
to the time period for filing replies set forth in Sec.  1.45 of this 
chapter and the requirement for service of documents set forth in Sec.  
1.47 of this chapter.
    (d) Review by the Wireline Competition Bureau or the Commission. (1) 
Requests for review of Administrator decisions that are submitted to the 
Federal Communications Commission shall be considered and acted upon by 
the Wireline Competition Bureau; provided, however, that requests for 
review that raise novel questions of fact, law, or policy shall be 
considered by the full Commission.
    (2) An affected party may seek review of a decision issued under 
delegated authority by the Wireline Competition Bureau pursuant to the 
rules set forth in part 1 of this chapter.
    (e) Standard of review. (1) The Wireline Competition Bureau shall 
conduct de novo review of request for review of decisions issued by the 
Administrator.
    (2) The Federal Communications Commission shall conduct de novo 
review of requests for review of decisions by the Administrator that 
involve novel questions of fact, law, or policy; provided, however, that 
the Commission shall not conduct de novo review of decisions issued by 
the Wireline Competition Bureau under delegated authority.
    (f) Emergency Connectivity Fund disbursements during pendency of a 
request for review and Administrator decision. When a party has sought 
review of an Administrator decision under paragraphs (a)(1) through (3) 
of this section, the Commission shall not process a request for the 
reimbursement of eligible equipment and/or services until a final 
decision has been issued either by the Administrator or by the Federal 
Communications Commission; provided, however, that the Commission may 
authorize disbursement of funds for any amount of support that is not 
the subject of an appeal.



                Subpart R_Affordable Connectivity Program

    Source: 87 FR 8373, Feb. 14, 2022 unless otherwise noted.



Sec.  54.1800  Definitions.

    (a) Administrator. The term ``Administrator'' means the Universal 
Service Administrative Company.
    (b) Affordable connectivity benefit. The term ``affordable 
connectivity benefit'' means a monthly discount for an eligible 
household, applied to the actual amount charged to such household, in an 
amount equal to such amount charged, but not more than $30, or, if an 
internet service offering is provided to an eligible household on Tribal 
land, not more than $75.
    (c) Broadband internet access service. The term ``broadband internet 
access service'' has the meaning given such term in 47 CFR 8.1(b) or any 
successor regulation.
    (d) Broadband provider. The term ``broadband provider'' means a 
provider of broadband internet access service.
    (e) Commission. The term ``Commission'' means the Federal 
Communications Commission.
    (f) Connected device. The term ``connected device'' means a laptop 
or desktop computer or a tablet.
    (g) Designated as an eligible telecommunications carrier. The term 
``designated as an eligible telecommunications carrier,'' with respect 
to a broadband provider, means the broadband provider is designated as 
an eligible telecommunications carrier under section 214(e) of the 
Communications Act of 1934 (47 U.S.C. 214(e)).
    (h) Direct service. As used in this subpart, direct service means 
the provision of service directly to the qualifying low-income consumer.
    (i) Duplicative support. ``Duplicative support'' exists when an 
Affordable Connectivity Program subscriber or household is receiving two 
or more Affordable Connectivity Program services concurrently or two or 
more subscribers in a household have received a

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connected device with an Affordable Connectivity Program discount.
    (j) Eligible household. The term ``eligible household'' means, 
regardless of whether the household or any member of the household 
receives support under subpart E of this Part, and regardless of whether 
any member of the household has any past or present arrearages with a 
broadband provider, a household in which--
    (1) At least one member of the household meets the qualifications in 
Sec.  54.409(a)(2) or (b) of this part (or any successor regulation);
    (2) The household's income as defined in Sec.  54.1800(k) is at or 
below 200% of the Federal Poverty Guidelines for a household of that 
size;
    (3) At least one member of the household has applied for and been 
approved to receive benefits under the free and reduced price lunch 
program under the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) or the school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1773), or at least one member 
of the household is enrolled in a school or school district that 
participates in the Community Eligibility Provision (42 U.S.C. 1759a);
    (4) At least one member of the household has received a Federal Pell 
Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 
1070a) in the current award year, if such award is verifiable through 
the National Verifier or National Lifeline Accountability Database or 
the participating provider verifies eligibility under Sec.  
54.1806(a)(2);
    (5) At least one member of the household meets the eligibility 
criteria for a participating provider's existing low-income program, 
subject to the requirements of Sec.  54.1806(a)(2); or
    (6) At least one member of the household receives assistance through 
the special supplemental nutritional program for women, infants and 
children established by section 17 of the Child Nutrition Act of 1996 
(42 U.S.C. 1786).
    (k) Enrollment representative. ``Enrollment representative'' means 
an employee, agent, contractor, or subcontractor, acting on behalf of a 
participating provider or third-party entity, who directly or indirectly 
provides information to the Administrator for the purpose of eligibility 
verification, enrollment, subscriber personal information updates, 
benefit transfers, or de-enrollment.
    (l) 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.
    (m) 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.
    (n) Internet service offering. The term ``internet service 
offering'' means, with respect to a broadband provider, broadband 
internet access service provided by such provider to a household.
    (o) Lifeline qualifying assistance program. A ``Lifeline 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 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).

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    (p) National Lifeline Accountability Database. The ``National 
Lifeline Accountability 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.
    (q) National Lifeline Eligibility Verifier or National 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 and Affordable Connectivity 
Program, as directed by the Commission.
    (r) Participating provider. The term ``participating provider'' 
means a broadband provider that--
    (1) Is designated as an eligible telecommunications carrier; or
    (2) Meets the requirements established by the Commission for 
participation in the Affordable Connectivity Program and is approved by 
the Commission under Sec.  54.1801(b); and
    (3) Elects to participate in the Affordable Connectivity Program; 
and
    (4) Has not been removed or voluntarily withdrawn from the 
Affordable Connectivity Program pursuant to Sec.  54.1801(e).
    (s) 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 subpart E of this part pursuant to the designation process in Sec.  
54.412.



Sec.  54.1801  Participating providers.

    (a) Eligible telecommunications carriers. A broadband provider that 
is designated as an eligible telecommunications carrier may participate 
in the Affordable Connectivity Program as a participating provider.
    (b) Other broadband providers. A broadband provider that is not 
designated as an eligible telecommunications carrier may seek approval 
from the Wireline Competition Bureau to participate in the Affordable 
Connectivity Program as a participating provider.
    (1) The Wireline Competition Bureau shall review and act on 
applications to be designated as a participating provider on an 
expedited basis. Such applications shall contain:
    (i) The states or territories in which the provider plans to 
participate;
    (ii) The service areas in which the provider has the authority, if 
needed, to operate in each State or territory, but has not been 
designated an eligible telecommunications carrier; and,
    (iii) Certifications of the provider's plan to combat waste, fraud, 
and abuse, which shall:
    (A) Confirm a household's eligibility for the Program through either 
the National Verifier or a Commission-approved eligibility verification 
process prior to seeking reimbursement for the respective subscriber;
    (B) Follow all enrollment requirements and obtain all certifications 
as required by the Program, including providing eligible households with 
information describing the Program's eligibility requirements, one-per-
household rule, and enrollment procedures;
    (C) Interact with the necessary Administrator systems, including the 
National Verifier, National Lifeline Accountability Database, and 
Representative Accountability Database, before submitting claims for 
reimbursement, including performing the necessary checks to ensure the 
household is not receiving duplicative benefits within the Program;
    (D) De-enroll from the Program any household it has a reasonable 
basis to believe is no longer eligible to receive the benefit consistent 
with Program requirements;
    (E) Comply with the Program's document retention requirements and 
agree to make such documentation available to the Commission or USAC, 
upon request or any entities (for example, auditors) operating on their 
behalf; and

[[Page 341]]

    (F) Agree to the Commission's enforcement and forfeiture authority.
    (2) Notwithstanding paragraph (b)(1) of this section, the Wireline 
Competition Bureau shall automatically approve as a participating 
provider a broadband provider that has an established program as of 
April 1, 2020, that is widely available and offers internet service 
offerings to eligible households and maintains verification processes 
that are sufficient to avoid fraud, waste, and abuse. Such applications 
seeking automatic approval shall contain:
    (i) The States or territories in which the provider plans to 
participate;
    (ii) The service areas in which the provider has the authority, if 
needed, to operate in each State or territory, but has not been 
designated an Eligible Telecommunications Carrier; and,
    (iii) A description, supported by documentation, of the established 
program with which the provider seeks to qualify for automatic admission 
to the Affordable Connectivity Program.
    (c) Election notice. All participating providers shall file an 
election notice with the Administrator. The election notice shall be 
submitted in a manner and form consistent with the direction of the 
Wireline Competition Bureau and the Administrator. All participating 
providers shall maintain up-to-date contact and other administrative 
information contained in the election notice as designated by the 
Wireline Competition Bureau and the Administrator. These updates shall 
be made within 10 business days of the change in designated information 
contained in the election notice. The election notice shall be made 
under penalty of perjury or perjury and at a minimum should contain:
    (1) The states or territories in which the provider plans to 
participate in the Affordable Connectivity Program;
    (2) A statement that, in each State or territory, the provider was a 
``broadband provider;''
    (3) A list of states or territories where the provider is an 
existing Eligible Telecommunications Carrier, if any;
    (4) A list of states or territories where the provider received 
Wireline Competition Bureau approval, whether automatic or expedited, to 
participate, if any;
    (5) Whether the provider intends to distribute connected devices, 
and if so, documentation and information detailing the equipment, co-pay 
amount charged to eligible households, and market value of the connected 
devices in compliance with the rules and orders of the Affordable 
Connectivity Program; and
    (6) Any other information necessary to establish the participating 
provider in the Administrator's systems.
    (d) Alternative verification process application. In accordance with 
Sec.  54.1806(a)(2), all participating providers seeking to verify 
household eligibility with an alternative verification process shall 
submit an application in a manner and form consistent with the direction 
of Wireline Competition Bureau. All participating providers shall 
maintain up-to-date information contained in the application as 
designated by the Wireline Competition Bureau. These updates shall be 
made within 10 business days of the change in designated information. 
The alternative verification process application shall be made under 
penalty of perjury and at a minimum should contain:
    (1) A description of how the participating provider will collect a 
prospective subscriber's--
    (i) Full name,
    (ii) Phone number,
    (iii) Date of birth,
    (iv) Email address,
    (v) Home and mailing addresses,
    (vi) Name and date of birth of the benefit qualifying person if 
different than applicant,
    (vii) Household eligibility criteria and documentation supporting 
verification of eligibility, and
    (viii) Certifications from the household that the information 
included in the application is true.
    (2) A description of the process the participating provider uses to 
verify the required subscriber information contained in paragraph (d)(1) 
of this section and why this process is sufficient to prevent waste, 
fraud, and abuse,

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    (3) A description of the training the participating provider uses 
for its employees and agents to prevent ineligible enrollments, 
including enrollments based on fabricated documents,
    (4) A description of why any of the criteria contained in paragraphs 
(d)(1) through (3) of this section is not necessary to prevent waste, 
fraud, and abuse if any of the criteria are not part of the alternative 
verification process, and
    (5) A description of why the participating provider's established 
program requires approval of an alternative verification process and why 
the participating provider proposes to use an alternative verification 
process instead of the National Verifier for eligibility determinations.
    (e) Voluntary withdrawal or involuntary removal of participating 
providers from the Affordable Connectivity Program--(1) Definitions. For 
purposes of this paragraph (e):
    (i) Removal. Removal means involuntary discontinuation of a 
provider's participation in the Affordable Connectivity Program pursuant 
to the process outlined in paragraphs (e)(2)(ii) and (iii) of this 
section.
    (ii) Suspension. Suspension means exclusion of a participating 
provider from activities related to the Affordable Connectivity Program 
for a temporary period pending completion of a removal proceeding.
    (2) Suspension and removal--(i) Suspension and removal in general. 
The Commission may suspend and/or remove a participating provider for 
any of the causes in paragraph (e)(2)(ii) of this section. Suspension or 
removal of a participating provider constitutes suspension or removal of 
all its divisions, other organizational elements, and individual 
officers and employees, unless the Commission limits the application of 
the suspension or removal to specifically identified divisions, other 
organizational elements, or individuals or to specific types of 
transactions.
    (ii) Causes for suspension or removal. Causes for suspension or 
removal are any of the following:
    (A) Violations of the rules or requirements of the Affordable 
Connectivity Program, the Emergency Broadband Benefit Program, the 
Lifeline program, the Emergency Connectivity Fund or successor programs, 
or any of the Commission's Universal Service Fund programs;
    (B) Any action that indicates a lack of business integrity or 
business honesty that seriously and directly affects the provider's 
responsibilities under the Affordable Connectivity Program, that 
undermines the integrity of the Affordable Connectivity Program, or that 
harms or threatens to harm prospective or existing program participants, 
including without limitation fraudulent enrollments.
    (C) A conviction or civil judgment for attempt or commission of 
fraud, theft, embezzlement, forgery, bribery, falsification or 
destruction of records, false statements, receiving stolen property, 
making false claims, obstruction of justice, or similar offense, that 
arises out of activities related to the Affordable Connectivity Program, 
the Emergency Broadband Benefit Program, the Lifeline program, the 
Emergency Connectivity Fund or successor programs, or any of the 
Commission's Universal Service Fund programs.
    (iii) Suspension and removal procedures. The following procedures 
apply to the suspension and removal of a participating provider:
    (A) The Chief of the Wireline Competition Bureau or Enforcement 
Bureau will commence a removal proceeding by providing to the 
participating provider a notice via electronic mail and/or U.S. mail 
setting forth the legal and factual bases for the initiation of the 
removal proceeding (as well as notice of any interim measures taken 
under paragraph (e)(2)(iii)(B) of this section and reasons therefor) and 
informing the provider of its duty to respond within 30 days of the date 
of the notice.
    (B) Concurrent with the issuance of such notice commencing the 
removal proceeding, or at any time before a final determination in the 
proceeding is rendered, the Chief of the Wireline Competition Bureau or 
Enforcement Bureau may, in light of the facts and circumstances set 
forth in the notice commencing the removal proceeding, and with notice 
to the provider of this interim measure, direct that the participating 
provider be removed from

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the Commission's list of providers, from the Administrator's Companies 
Near Me Tool, or from any similar records, and also may direct the 
Administrator to temporarily suspend the provider's ability to enroll or 
transfer in new subscribers during the pendency of the removal 
proceeding. Any such interim actions may be taken only {i{time}  if 
based upon adequate evidence of willful misconduct that would warrant 
removal under paragraph (e)(2)(ii) of this section, and {ii{time}  after 
determining that immediate action is necessary to protect the public 
interest. In addition, the Chief of the Wireline Competition Bureau or 
Enforcement Bureau may also direct, with notice to the provider, that an 
interim funding hold (or partial hold) be placed on the provider upon a 
determination that there is adequate evidence that the provider's 
misconduct is likely to cause or has already resulted in improper claims 
for Affordable Connectivity Program reimbursement and is necessary to 
protect the public interest. Any funding hold should be tailored in a 
manner that relates to and is proportionate to the alleged misconduct.
    (C) The participating provider shall respond within 30 days of the 
date of the notice commencing the removal proceeding with any relevant 
evidence demonstrating that a rule violation or other conduct warranting 
removal has not in fact occurred and that the provider should not be 
removed from the Affordable Connectivity Program. Failure to respond or 
to provide evidence in a timely manner will result in a finding against 
the provider, removal from the program, and revocation of the provider's 
authorization to participate in the Affordable Connectivity Program.
    (D) Within 30 days of receiving the response, the Chief of the 
Wireline Competition Bureau or Enforcement Bureau will make a 
determination and issue an order providing a detailed explanation for 
the determination. If the Chief of the Wireline Competition Bureau or 
Enforcement Bureau determines that a preponderance of the evidence fails 
to demonstrate that there has been conduct warranting removal, then any 
measures taken under paragraph (e)(2)(iii)(B) of this section will be 
discontinued immediately. If the Chief of the Wireline Competition 
Bureau or Enforcement Bureau determines by a preponderance of the 
evidence that there has been conduct warranting removal, the provider's 
authorization to participate in the Affordable Connectivity Program will 
be revoked, and the provider shall be immediately removed from the 
program. Upon removal from the program, the former participating 
provider shall be barred from seeking to rejoin, and from participating 
in, the Affordable Connectivity Program for at least five years, or such 
longer period as provided for in the order, based upon review of all 
relevant circumstances. Any such providers will be similarly barred from 
participation in any Affordable Connectivity Program successor program 
during the removal period determined under the order.
    (E) A provider may request reconsideration of the Bureau Chief's 
determination under paragraph (e)(2)(iii)(D) of this section or submit a 
request for review by the full Commission pursuant to the Commission's 
rules. See Sec. Sec.  1.106, 1.115 of this chapter. A provider may also 
seek a stay of the Bureau Chief's determination under Sec. Sec.  1.43 
and 1.102(b)(3) of this chapter.
    (3) Voluntary withdrawal. A participating provider may withdraw its 
election to participate in the Affordable Connectivity Program by 
submitting a written notice of voluntary withdrawal to the Administrator 
at least 90 days before the intended effective date of the withdrawal. 
The notice of voluntary withdrawal shall include statements that the 
provider is complying with each of the transition provisions set forth 
in paragraph (d)(4) of this section.
    (4) Transition provisions for participating providers that are 
removed or that voluntarily withdraw from the program and their 
subscribers. (i) A participating provider shall cease to enroll or 
transfer in new households or to advertise or market the discounted 
rates for its services subject to the affordable connectivity benefit--
    (A) Immediately upon the effective date of the final removal 
determination, unless the provider has already been precluded on an 
interim basis

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from transferring in or enrolling new households; or
    (B) At least 90 days before the effective date of the provider's 
voluntary withdrawal from the program.
    (ii) A participating provider shall provide notices regarding its 
removal from the program to its existing eligible household subscribers 
to which it provides service at discounted rates subject to the 
affordable connectivity benefit.
    (A) The provider shall issue the first notice within 30 days of the 
removal determination and the second notice at least 15 days before the 
effective date of the provider's removal from the Affordable 
Connectivity Program.
    (B) Such notices shall include--
    (1) A statement that the participating provider will be removed from 
and no longer be participating in the Affordable Connectivity Program;
    (2) The effective date of the provider's removal from the Affordable 
Connectivity Program;
    (3) A statement that upon the effective date of the removal, the 
service purchased by the eligible household will no longer be available 
from the provider at the discounted rate subject to the affordable 
connectivity benefit;
    (4) The amount that the eligible household will be expected to pay 
if it continues purchasing the service from the provider after the 
discounted rate is no longer available;
    (5) An explanation that in order to continue receiving internet 
service with an affordable connectivity benefit after the provider has 
been removed from the program, the eligible household must transfer its 
affordable connectivity benefit to a different participating provider;
    (6) Information on how to locate providers participating in the 
Affordable Connectivity Program, including the web address for USAC's 
Companies Near Me tool, any provider listing published by the 
Commission, and other resources as applicable;
    (7) Instructions on how to find and select a new participating 
provider and to request such a transfer;
    (8) The provider's customer service telephone number and the 
telephone number and email address of the Administrator's Affordable 
Connectivity Program support center; and
    (9) Other information as determined by the Wireline Competition 
Bureau.
    (iii) A participating provider shall provide written notices 
regarding its voluntary withdrawal from the program to its existing 
eligible household subscribers to which it provides service at 
discounted rates subject to the affordable connectivity benefit.
    (A) The provider shall issue such notices 90 days, 60 days, and 30 
days before the effective date of the provider's voluntary withdrawal 
from the program.
    (B) Such notices shall include--
    (1) The date when the service purchased by the eligible household 
will no longer be available from the provider at the discounted rate 
subject to the affordable connectivity benefit;
    (2) The amount that the eligible household will be expected to pay 
if it continues purchasing the service from the provider after the 
affordable connectivity program discount is no longer available and the 
effective date of the new rate;
    (3) An explanation that in order to continue receiving internet 
service with an affordable connectivity benefit after the provider 
withdraws from the Affordable Connectivity Program, the eligible 
household shall transfer its affordable connectivity benefit to a 
different participating provider;
    (4) Instructions on how to find and select a new participating 
provider and to request such a transfer;
    (5) Information on how to locate providers participating in the 
Affordable Connectivity Program, including the web address for the 
Administrator's Companies Near Me tool, any provider listing published 
by the Commission, and other resources as applicable; and
    (6) The provider's customer service telephone number and the 
telephone number and email address of the Administrator's Affordable 
Connectivity Program support center.
    (iv) A provider shall continue providing service to its existing 
eligible household subscribers at discounted rates subject to the 
affordable connectivity benefit--

[[Page 345]]

    (A) Until the date 60 days after the effective date of the removal 
or order; or
    (B) Until the effective date of its voluntary withdrawal from the 
program.
    (v) A provider that has been removed or that has voluntarily 
withdrawn from the program may continue to request and receive 
reimbursements from the Administrator for the amount of the affordable 
connectivity benefit discounts that it provided to eligible household 
subscribers during the required 60 days following removal or until 
voluntary withdrawal, subject to the deadline for filing reimbursement 
claims.
    (vi) The provider shall retain records demonstrating its compliance 
with these transition requirements.
    (f) Annual certification by participating providers. An officer of 
the participating provider who oversees Affordable Connectivity Program 
business activities shall annually certify, under the penalty of 
perjury, that the participating provider has policies and procedures in 
place to comply with all Affordable Connectivity Program rules and 
procedures. This annual certification shall be made in a manner 
prescribed by the Wireline Competition Bureau and the Administrator. At 
a minimum, the annual certification requires the aforementioned officer 
of the participating provider attest to:
    (1) The participating provider having policies and procedures in 
place to ensure that its enrolled households are eligible to receive 
Affordable Connectivity Program support;
    (2) The participating provider having policies and procedures in 
place to ensure it accurately and completely provides information to 
required administrative systems, including the National Verifier, 
National Lifeline Accountability Database, Representative Accountability 
Database, and other Administrator Systems; and,
    (3) The participating provider acknowledging that:
    (i) It is subject to the Commission's enforcement, fine, or 
forfeiture authority under the Communications Act;
    (ii) It is liable for violations of the Affordable Connectivity 
Program rules and that its liability extends to violations by its 
agents, contractors, and representatives;
    (iii) Failure to be in compliance and remain in compliance with the 
Affordable Connectivity Program rules and orders, or for its agents, 
contractors, or representatives to fail to be in compliance, may result 
in the denial of funding, cancellation of funding commitments, and the 
recoupment of past disbursements; and
    (iv) Failure to comply with the rules and orders governing the 
Affordable Connectivity Program could result in civil or criminal 
prosecution by law enforcement authorities.



Sec.  54.1802  Affordable connectivity benefit.

    (a) The Affordable Connectivity Program will provide reimbursement 
to a participating provider for the monthly affordable connectivity 
benefit on the price of broadband internet access service (including 
associated equipment necessary to provide such service) it provides to 
an eligible household plus any amount the participating provider is 
entitled to receive for providing a connected device to such a household 
under Sec.  54.1803(b).
    (b) A participating provider may allow an eligible household to 
apply the affordable connectivity benefit to any residential service 
plan selected by the eligible household that includes broadband internet 
access service or a bundle of broadband internet access service along 
with fixed or mobile voice telephony service, text messaging service, or 
both.

[87 FR 8373, Feb. 14, 2022, as amended at 87 FR 8382, Feb. 14, 2022]



Sec.  54.1803  Affordable Connectivity Program support amounts.

    (a) The monthly affordable connectivity benefit support amount for 
all participating providers shall equal the actual discount provided to 
an eligible household off of the actual amount charged to such household 
but not more than $30.00 per month, if that provider certifies that it 
will pass through the full amount of support to the eligible household, 
or not more than $75.00 per month, if that provider certifies that it 
will pass through the full amount of support to the eligible

[[Page 346]]

household on Tribal lands, as defined in Sec.  54.1800(s).
    (b) A participating provider that, in addition to providing a 
broadband internet access service subject to the affordable connectivity 
benefit to an eligible household, supplies such household with a 
connected device may be reimbursed by an amount equal to the market 
value of the device less the amount charged to and paid by the eligible 
household, but no more than $100.00 for such connected device.
    (1) A participating provider that provides a connected device to an 
eligible household shall charge and collect from the eligible household 
more than $10.00 but less than $50.00 for such connected device;
    (2) An eligible household may receive, and a participating provider 
may receive reimbursement for, no more than one (1) connected device per 
eligible household;
    (3) The eligible household shall not receive such a discount for a 
connected device, and the participating provider shall not receive 
reimbursement for providing the connected device at such a discount, if 
the household or any member of the household previously received a 
discounted connected device from a participating provider in the 
Emergency Broadband Benefit Program or in the Affordable Connectivity 
Program.

    Effective Date Note: At 88 FR 60354, Sept. 1, 2023, Sec.  54.1803 
was amended by revising paragraph (a), effective Oct. 2, 2023. For the 
convenience of the user, the revised text is set forth as follows:



Sec.  54.1803  Affordable Connectivity Program support amounts.

    (a) The monthly affordable connectivity benefit support amount for 
all participating providers shall equal the actual discount provided to 
an eligible household off of the actual amount charged to such household 
but not more than $30.00 per month, if that provider certifies that it 
will pass through the full amount of support to the eligible household, 
or not more than $75.00 per month, if that provider certifies that it 
will pass through the full amount of support to the eligible household 
on Tribal lands, as defined in Sec.  54.1800(s), or not more than $75.00 
per month, if that provider certifies that it will pass through the full 
amount of support to the eligible household in a high-cost area, as 
defined in Sec.  54.1814(a), and is approved to offer the enhanced high-
cost benefit in that high-cost area pursuant to the process in Sec.  
54.1814(b).



Sec.  54.1804  Participating provider obligation to offer the 
Affordable Connectivity Program.

    All participating providers in the Affordable Connectivity Program 
shall:
    (a) Make available the affordable connectivity benefit to eligible 
households.
    (b) Publicize the availability of the Affordable Connectivity 
Program in a manner reasonably designed to reach those likely to qualify 
for the service and in a manner that is accessible to individuals with 
disabilities.
    (c) Notify all consumers who either subscribe to or renew a 
subscription to an internet service offering about the Affordable 
Connectivity Program and how to enroll.
    (1) Providers shall deliver a notice in writing or orally, in a 
manner that is accessible to persons with disabilities:
    (i) During enrollment for new subscribers;
    (ii) At least 30 days before the date of renewal for subscribers not 
enrolled in the Affordable Connectivity Program who have fixed-term 
plans longer than one month; and
    (iii) Annually for subscribers not already enrolled in the 
Affordable Connectivity Program who have month-to-month or similar non-
fixed term plans.
    (2) The notice shall, at a minimum, indicate;
    (i) The eligibility requirements for consumer participation;
    (ii) That the Affordable Connectivity Program is non-transferable 
and limited to one monthly internet discount and a one-time connected 
device discount per household;
    (iii) How to enroll, such as a customer service phone number or 
relevant website information; and
    (iv) That the Affordable Connectivity Program is a Federal 
Government benefit program operated by the Federal Communications 
Commission and, if the Program ends, or when a household is no longer 
eligible, subscribers will be subject to the provider's regular rates, 
terms, and conditions.
    (d) Frequently carry out public awareness campaigns in their 
Affordable Connectivity Program areas of

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service that highlight the value and benefits of broadband internet 
access service and the existence of the Affordable Connectivity Program 
in collaboration with State agencies, public interest groups, and non-
profit organizations and retain documentation sufficient to demonstrate 
their compliance with the public awareness obligations.

[87 FR 8382, Feb. 14, 2022]



Sec.  54.1805  Household qualifications for Affordable Connectivity Program.

    (a) To qualify for the Affordable Connectivity Program, a household 
must constitute an eligible household under the definition in Sec.  
54.1800(j).
    (b) In addition to meeting the qualifications provided in paragraph 
(a) of this section, in order to qualify to receive an affordable 
connectivity benefit from a participating provider, neither the eligible 
household nor any member of the household may already be receiving 
another affordable connectivity benefit from that participating provider 
or any other participating provider.



Sec.  54.1806  Household eligibility determinations and annual
recertification.

    (a) Eligibility verification processes. To verify whether a 
household is an eligible household, a participating provider shall--
    (1) Use the National Verifier; or
    (2) Rely upon an alternative verification process of the 
participating provider, if--
    (i) The participating provider submits information as required by 
the Commission regarding the alternative verification process prior to 
seeking reimbursement; and
    (ii) Not later than 7 days after receiving the information required 
under paragraph(a)(2)(i) of this section, the Wireline Competition 
Bureau--
    (A) Determines that the alternative verification process will be 
sufficient to avoid waste, fraud, and abuse; and
    (B) Notifies the participating provider of the determination under 
paragraph (a)(2)(ii)(A) of this section.
    (3) Rely on a school to verify the eligibility of a household based 
on the participation of the household in the free and reduced price 
lunch program or the school breakfast program as described in Sec.  
54.1800(j)(3). The participating provider shall retain documentation 
demonstrating the school verifying eligibility, the program(s) that the 
school participates in, the qualifying household, and the program(s) the 
household participates in.
    (4) Check its own electronic systems, whether such systems are 
maintained by the participating provider or a third party, to confirm 
that the household is not already receiving another affordable 
connectivity benefit from that participating provider.
    (5) Collect and retain documentation establishing at least one 
member of the household is enrolled in a school or school district that 
participates in the National School Lunch Program's Community 
Eligibility Provision (CEP) (42 U.S.C. 1759a) if enrolling households 
based on CEP eligibility.
    (b) Participating providers' obligations. All participating 
providers shall implement policies and procedures for ensuring that 
their Affordable Connectivity Program households are eligible to receive 
the affordable connectivity benefit. A provider may not provide a 
consumer with service that it represents to be Affordable Connectivity 
Program-supported service or seek reimbursement for such service, unless 
and until it has:
    (1) Confirmed that the household is an eligible household pursuant 
to Sec.  54.1805(a) and (b);
    (2) Completed any other necessary enrollment steps, and;
    (3) Securely retained all information and documentation it receives 
related to the eligibility determination and enrollment, consistent with 
Sec.  54.1811.
    (c) One-per-household worksheet. If the prospective household shares 
an address with one or more existing Affordable Connectivity Program 
subscribers according to the National Lifeline Accountability Database 
or National Verifier, the prospective subscriber shall complete a form 
certifying compliance with the one-per-household rule set forth in Sec.  
54.1805(b) prior to initial enrollment.
    (d) The National Lifeline Accountability Database. In order to 
receive Affordable

[[Page 348]]

Connectivity Program support, participating providers shall comply with 
the following requirements:
    (1) All participating providers shall query the National Lifeline 
Accountability Database to determine whether a prospective subscriber is 
currently receiving an Affordable Connectivity Program supported service 
from another participating provider; and whether anyone else living at 
the prospective subscriber's residential address is currently receiving 
an Affordable Connectivity Program-supported service.
    (2) If the National Lifeline Accountability Database indicates that 
a prospective subscriber who is not seeking to transfer his or her 
affordable connectivity benefit, is currently receiving an Affordable 
Connectivity Program-supported service, the participating provider shall 
not provide and shall not seek or receive Affordable Connectivity 
Program reimbursement for that subscriber.
    (3) Participating providers may query the National Lifeline 
Accountability Database only for the purposes provided in paragraphs 
(d)(1) and (2) and (e)(1) and (2) of this section, and to determine 
whether information with respect to its subscribers already in the 
National Lifeline Accountability Database is correct and complete.
    (4) Participating providers shall transmit to the National Lifeline 
Accountability Database in a format prescribed by the Administrator each 
new and existing Affordable Connectivity Program subscriber's full name; 
full residential address; date of birth; the telephone number associated 
with the Affordable Connectivity Program service; the date on which the 
Affordable Connectivity Program discount was initiated; the date on 
which the Affordable Connectivity Program discount 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 the 
Affordable Connectivity Program.
    (5) All participating providers shall update an existing Affordable 
Connectivity Program subscriber's information in the National Lifeline 
Accountability Database within ten business days of receiving any change 
to that information, except as described in paragraph (d)(7) of this 
section.
    (6) All participating providers shall obtain, from each new and 
existing subscriber, consent to transmit the subscriber's information. 
Prior to obtaining consent, the participating provider shall 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 
Affordable Connectivity Program, and that failure to provide consent 
will result in subscriber being denied the affordable connectivity 
benefit.
    (7) When a participating provider de-enrolls a subscriber from the 
Affordable Connectivity Program, it shall transmit to the National 
Lifeline Accountability Database the date of Affordable Connectivity 
Program de-enrollment within one business day of de-enrollment.
    (8) All participating providers shall securely retain subscriber 
documentation that the participating provider reviewed to verify 
subscriber eligibility, for the purposes of production during audits or 
investigations or to the extent required by National Lifeline 
Accountability Database or National Verifier processes, which require, 
inter alia, verification of eligibility, identity, address, and age.
    (9) A participating provider shall not enroll or claim for 
reimbursement a prospective subscriber in the Affordable Connectivity 
Program if the National Lifeline Accountability Database or National 
Verifier cannot verify the subscriber's status as alive, unless the 
subscriber produces documentation to demonstrate his or her identity and 
status as alive.
    (10) A participating provider shall apply the Affordable 
Connectivity Program benefit no later than the start of the first 
billing cycle after the household's enrollment or transfer, and pass 
through the discount to the household prior to claiming reimbursement 
for the discount in the Affordable Connectivity Program.
    (e) Connected device reimbursement and the National Lifeline 
Accountability

[[Page 349]]

Database. In order to receive Affordable Connectivity Program 
reimbursement for a connected device, participating providers shall 
comply with Sec.  54.1803(b) and the following requirements:
    (1) Such participating provider shall query the National Lifeline 
Accountability Database to determine whether a prospective connected 
device benefit recipient has previously received a connected device 
benefit.
    (2) If the National Lifeline Accountability Database indicates that 
a prospective subscriber has received a connected device benefit, the 
participating provider shall not seek a connected device reimbursement 
for that subscriber.
    (3) Such participating provider shall not seek a connected device 
reimbursement for a subscriber that is not receiving the affordable 
connectivity benefit for service provided by the same participating 
provider, except that a participating provider may seek reimbursement 
for a connected device provided to a household if the household had been 
receiving an Affordable Connectivity Program-supported service from that 
provider at the time the connected device was supplied to the household, 
but the household subsequently transferred its benefit to another 
provider before the provider had an opportunity to claim the connected 
device.
    (4) Where two or more participating providers file a claim for a 
connected device reimbursement for the same subscriber, only the 
participating provider whose information was received and processed by 
the National Lifeline Accountability Database or Lifeline Claims System 
first, as determined by the Administrator, will be entitled to a 
connected device reimbursement for that subscriber.
    (5) All participating providers shall obtain from each subscriber 
consent to transmit the information required under paragraphs (d)(1) and 
(e)(1) of this section. Prior to obtaining consent, the participating 
provider shall 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 Affordable Connectivity Program connected 
device benefit, and that failure to provide consent will result in the 
subscriber being denied the Affordable Connectivity Program connected 
device benefit.
    (6) In a manner and form consistent with the direction of the 
Wireline Competition Bureau and the Administrator, a participating 
provider shall provide to the Administrator information concerning the 
connected device supplied to the household, including device type, 
device make, device model, subscriber ID of the household that received 
the device, date the device was delivered to the household, method used 
to provide the device (shipped, in store, or installed by provider), 
market value of the device, and amount paid by the household to the 
provider for the device. No claim for reimbursement for a connected 
device supplied by the participating provider to the household shall be 
submitted prior to payment by the household of the amount described in 
Sec.  54.1803(b)(1).
    (f) Annual eligibility re-certification. (1) Participating providers 
shall re-certify annually all Affordable Connectivity Program 
subscribers whose initial eligibility was verified through the 
participating provider's approved alternative verification process or 
through a school, except where the Administrator using the National 
Verifier is responsible for the annual recertification of Affordable 
Connectivity Program subscribers. The Administrator using the National 
Verifier will re-certify the eligibility of all other Affordable 
Connectivity Program subscribers. Affordable Connectivity Program 
subscribers who are also enrolled in Lifeline may rely on a successful 
recertification for the Lifeline program to satisfy this requirement.
    (2) In order to recertify a subscriber's eligibility for the 
Affordable Connectivity Program, a participating provider shall confirm 
a subscriber's current eligibility to receive an affordable connectivity 
benefit by following the eligibility process and requirements under 
paragraphs (b)(1) through (5) of this section and shall also follow the 
requirements and processes for either its alternative verification 
processes approved under paragraph (a)(2)

[[Page 350]]

of this section or the eligibility verification processes and 
requirements for school-based eligibility verifications in paragraph 
(a)(3) of this section, confirming that the subscriber still meets the 
program or income-based eligibility requirements for the Affordable 
Connectivity Program, and documenting the results of that review.
    (3) Where the Administrator is responsible for re-certification of a 
subscriber's Affordable Connectivity Program eligibility, the 
Administrator shall confirm a subscriber's current eligibility to 
receive Affordable Connectivity Program service by:
    (i) Querying the appropriate eligibility databases, confirming that 
the subscriber still meets the program-based eligibility requirements 
for the Affordable Connectivity Program, 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 the Affordable Connectivity Program, and documenting the results of 
that review; or
    (iii) If the subscriber's program-based or income-based eligibility 
for the Affordable Connectivity Program cannot be determined by 
accessing one or more eligibility or income databases, then the 
Administrator shall obtain a signed certification from the subscriber 
confirming the subscriber's continued eligibility. If the subscriber's 
eligibility was previously confirmed through an eligibility or income 
database during enrollment or a prior recertification and the subscriber 
is no longer included in any eligibility or income database the 
Administrator shall obtain both an approved Annual Recertification Form 
and acceptable documentation demonstrating eligibility from that 
subscriber to complete the recertification process.
    (4) Where the Administrator is responsible for re-certification of 
subscribers' Affordable Connectivity Program eligibility, the 
Administrator shall provide to each provider the results of its annual 
re-certification efforts with respect to that provider's subscribers.
    (5) If a provider is unable to re-certify a subscriber or has been 
notified by the Administrator that it is unable to re-certify a 
subscriber, the provider shall comply with the de-enrollment 
requirements provided for in Sec.  54.1809(d).
    (6) One-Per-Household Worksheet--at re-certification, if the 
subscriber resides at the same address as another Affordable 
Connectivity Program subscriber and there are changes to the 
subscriber's household relevant to whether the subscriber is only 
receiving one affordable connectivity benefit per household, then the 
subscriber shall complete a new Household Worksheet. Providers must 
retain the one-per-household worksheet for subscribers subject to this 
requirement in accordance with Sec.  54.1811.



Sec.  54.1807  Enrollment representative registration and compensation.

    (a) Enrollment representative registration. A participating provider 
shall require that enrollment representatives register with the 
Administrator 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, participating providers 
shall require that all enrollment representatives provide the 
Administrator 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 shall be 
used for:
    (i) Accessing the National Lifeline Accountability Database;
    (ii) Accessing the National Verifier;
    (iii) Accessing any eligibility database; and
    (iv) Completing any Affordable Connectivity Program enrollment or 
verification forms.
    (2) Participating providers shall ensure that enrollment 
representatives shall not use another person's unique identifier to 
enroll Affordable

[[Page 351]]

Connectivity Program subscribers, recertify Affordable Connectivity 
Program subscribers, or access the National Lifeline Accountability 
Database or National Verifier.
    (3) Participating providers shall ensure that enrollment 
representatives shall regularly recertify their status with the 
Administrator to maintain their unique identifier and maintain access to 
the systems that rely on a valid unique identifier. Participating 
providers shall also ensure that enrollment representatives shall update 
their registration information within 30 days of any change in such 
information.
    (b) Prohibition of commissions for enrollment representatives. A 
participating provider shall not offer or provide to enrollment 
representatives, their direct supervisors, or entities that operate on 
behalf of the participating provider, any form of compensation that is--
    (1) Based on the number of consumers or households that apply for or 
are enrolled in the Affordable Connectivity Program with the 
participating provider;
    (2) Based on revenues that the participating provider has received 
or expects to receive in connection with the Affordable Connectivity 
Program, including payments for connected devices;
    (3) Based on the participating provider permitting the retention of 
cash payments received from the subscriber as part of the required 
contribution for a connected device;
    (4) Shifted, characterized or otherwise classified as compensation 
paid in connection with other services, business operations, or 
unrelated to Affordable Connectivity Program activities that is based on 
Affordable Connectivity Program applications, enrollments, or revenues.

[87 FR 8373, Feb. 14, 2022, as amended at 87 FR 8383, Feb. 14, 2022]



Sec.  54.1808  Reimbursement for providing monthly affordable connectivity benefit.

    (a) Affordable Connectivity Program support for providing a 
qualifying broadband internet access service shall be provided directly 
to a participating provider based on the number of actual qualifying 
low-income households listed in the National Lifeline Accountability 
Database that the participating provider serves directly as of the first 
day of the calendar month.
    (b) For each eligible household receiving the affordable 
connectivity benefit on a broadband internet access service, the 
reimbursement amount shall equal the appropriate support amount as 
described in Sec.  54.1803. The participating provider's Affordable 
Connectivity Program reimbursement shall not exceed the actual amount 
charged by the participating provider.
    (c) A participating provider offering a service subject to the 
affordable connectivity benefit that does not require the participating 
provider to assess and collect a monthly fee from its subscribers shall 
not receive support for a subscriber to such service until the 
subscriber activates the service by whatever means specified by the 
provider; and
    (1) After service activation, shall only continue to receive 
reimbursement for the affordable connectivity benefit on such 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.  
54.1809(c); and
    (2) Shall certify that every subscriber claimed has used their 
service subject to the affordable connectivity benefit, as ``usage'' is 
defined by Sec.  54.407(c)(2), at least once in the last 30 consecutive 
days or has cured their non-usage as provided in Sec.  54.1809(c), in 
order to claim that subscriber for reimbursement for a given service 
month.
    (d) A participating provider that, in addition to providing the 
affordable connectivity benefit to an eligible household, provides such 
household with a connected device may be reimbursed in the amount and 
subject to the conditions specified in Sec. Sec.  54.1803(b) and 
54.1806(e).
    (e) In order to receive Affordable Connectivity Program 
reimbursement, an officer of the participating provider shall certify, 
under penalty of perjury, as part of each request for reimbursement, 
that:
    (1) The officer is authorized to submit the request on behalf of the 
participating provider;

[[Page 352]]

    (2) The officer has read the instructions relating to reimbursements 
and the funds sought in the reimbursement request are for services and/
or devices that were provided in accordance with the purposes and 
objectives set forth in the statute, rules, requirements, and orders 
governing the Affordable Connectivity Program;
    (3) The participating provider is in compliance with and satisfied 
all requirements in the statute, rules, and orders governing the 
Affordable Connectivity Program reimbursement, and the provider 
acknowledges that failure to be in compliance and remain in compliance 
with Affordable Connectivity Program statutes, rules, and orders may 
result in the denial of reimbursement, cancellation of funding 
commitments, and/or recoupment of past disbursements;
    (4) The participating provider has obtained valid certification and 
application forms as required by the rules in this subpart for each of 
the subscribers for whom it is seeking reimbursement;
    (5) The amount for which the participating provider is seeking 
reimbursement from the Affordable Connectivity Fund is not more than the 
amount charged to the eligible household and the discount has already 
been passed through to the household;
    (6) Each eligible household for which the participating provider is 
seeking reimbursement for providing an internet service offering 
discounted by the affordable connectivity benefit--
    (i) Has not been and will not be charged for the amount the provider 
is seeking for reimbursement;
    (ii) Will not be required to pay an early termination fee if such 
eligible household elects to enter into a contract to receive such 
internet service offering if such household later terminates such 
contract;
    (iii) Was not, after the date of the enactment of the Consolidated 
Appropriations Act, 2021, as amended by the Infrastructure Investment 
and Jobs Act, subject to a mandatory waiting period for such internet 
service offering based on having previously received broadband internet 
access service from such participating provider; and
    (iv) Will otherwise be subject to the participating provider's 
generally applicable terms and conditions as applied to other 
subscribers.
    (7) Each eligible household for which the participating provider is 
seeking reimbursement for supplying such household with a connected 
device was charged by the provider and has paid more than $10.00 but 
less than $50.00 for such connected device;
    (8) If offering a connected device, the connected device claimed 
meets the Commission's requirements, the representations regarding the 
devices made on the provider's website and promotional materials are 
true and accurate, that the reimbursement claim amount does not exceed 
the market value of the connected device less the amount charged to and 
paid by the eligible household, and that the connected device has been 
delivered to the household;
    (9) If the participating provider used an alternative verification 
process to verify that each household is eligible for the Affordable 
Connectivity Program, the verification process used was designed to 
avoid waste, fraud, and abuse;
    (10) If seeking reimbursement for a connected device, the provider 
has retained the relevant supporting documents that demonstrate the 
connected devices requested are eligible for reimbursement and submitted 
the required information;
    (11) No 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 services has been or will be used to purchase, rent, 
lease, or otherwise obtain, any covered communications equipment or 
service, or maintain any covered communications equipment or service 
previously purchased, rented, leased, or otherwise obtained, as required 
by Sec.  54.10;
    (12) All documentation associated with the reimbursement form, 
including all records for services and/or connected devices provided, 
will be retained for a period of at least six years after the last date 
of delivery of the supported services and/or connected devices provided 
through the Affordable Connectivity Program, and are subject to audit, 
inspection, or investigation

[[Page 353]]

and will be made available at the request of any representative 
(including any auditor) appointed by the Commission and its Office of 
Inspector General, or any local, State, or Federal agency with 
jurisdiction over the provider;
    (13) The provider has not offered, promised, received, or paid 
kickbacks, as defined by 41 U.S.C. 8701, in connection with the 
Affordable Connectivity Program;
    (14) The information contained in this form is true, complete, and 
accurate to the best of the officer's knowledge, information, and 
belief, and is based on information known to the officer or provided to 
the officer by employees responsible for the information being 
submitted;
    (15) The officer is aware that any false, fictitious, or fraudulent 
information, or the omission of any material fact on this request for 
reimbursement or any other document submitted by the provider, may 
subject the provider and the officer to punishment by fine or forfeiture 
under the Communications Act (47 U.S.C. 502, 503(b), 1606), or fine or 
imprisonment under Title 18 of the United States Code (18 U.S.C. 1001, 
286-87, 1343), or can lead to liability under the False Claims Act (31 
U.S.C. 3729-3733, 3801-3812);
    (16) No service costs or devices sought for reimbursement have been 
waived, paid, or promised to be paid by another entity, including any 
other Federal or State program;
    (17) All enrollments and transfers completed by the provider were 
bona fide, requested and consented by the subscriber household after 
receiving the disclosures required under Sec.  54.1810(a) and (b), and 
made pursuant to program rules; and
    (18) The provider used the National Lifeline Accountability Database 
as a tool for enrollment, reimbursement calculations, and duplicate 
checks in all States, territories, and the District of Columbia, and 
checked their records in accordance with Sec.  54.1806(a)(4).
    (f) In order to receive Affordable Connectivity Program 
reimbursement, a participating provider shall keep accurate records of 
the revenues it forgoes in providing Affordable Connectivity Program-
supported 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.
    (g) In order to receive reimbursement, participating providers shall 
submit certified reimbursement claims through the Lifeline Claims System 
within six months of the snapshot date in paragraph (a) of this section, 
or the following business day in the event the 1st is a holiday or falls 
on a weekend. If the participating provider fails to submit a certified 
reimbursement claim by the six-month deadline, the reimbursement claim 
will not be processed.

[87 FR 8373, Feb. 14, 2022, as amended at 87 FR 8383, Feb. 14, 2022]



Sec.  54.1809  De-enrollment from the Affordable Connectivity Program.

    (a) De-enrollment generally. If a participating provider has a 
reasonable basis to believe that an Affordable Connectivity Program 
subscriber does not meet or no longer meets the criteria to be 
considered an eligible household under Sec.  54.1805, the participating 
provider shall notify the subscriber of impending termination of his or 
her affordable connectivity benefit. Notification of impending 
termination shall be sent in writing separate from the subscriber's 
monthly bill, if one is provided, and shall be written in clear, easily 
understood language. The participating provider shall allow a subscriber 
30 days following the date of the impending termination letter to 
demonstrate continued eligibility. A subscriber making such a 
demonstration shall present proof of continued eligibility to the 
National Verifier or the participating provider consistent with the 
participating provider's approved alternative verification process. A 
participating provider shall de-enroll any subscriber who fails to 
demonstrate eligibility within five business days after the expiration 
of the subscriber's deadline to respond.
    (b) De-enrollment for duplicative support. Notwithstanding paragraph 
(a) of this section, upon notification by the Administrator to any 
participating provider that a subscriber is receiving the affordable 
connectivity benefit from another participating provider, or

[[Page 354]]

that more than one member of a subscriber's household is receiving the 
affordable connectivity benefit and that the subscriber should be de-
enrolled from participation in that provider's Affordable Connectivity 
Program, the participating provider shall de-enroll the subscriber from 
participation in that provider's Affordable Connectivity Program within 
five business days. A participating provider shall not claim any de-
enrolled subscriber for Affordable Connectivity Program reimbursement 
following the date of that subscriber's de-enrollment.
    (c) De-enrollment for non-usage. Notwithstanding paragraph (a) of 
this section, if an Affordable Connectivity Program subscriber fails to 
use, as ``usage'' is defined in Sec.  54.407(c)(2), for 30 consecutive 
days an Affordable Connectivity Program service that does not require 
the participating provider to assess and collect a monthly fee from its 
subscribers, the participating provider shall provide the subscriber 15 
days' notice, using clear, easily understood language, that the 
subscriber's failure to use the Affordable Connectivity Program service 
within the 15-day notice period will result in service termination for 
non-usage under this paragraph (c).
    (d) De-enrollment for failure to re-certify. Notwithstanding 
paragraph (a) of this section, a participating provider shall de-enroll 
an Affordable Connectivity Program subscriber who does not respond to 
the provider's attempts to obtain re-certification of the subscriber's 
continued eligibility as required by Sec.  54.1806(f); or who fails to 
provide the annual one-per-household re-certification as required by 
Sec.  54.1806(f)(6). Prior to de-enrolling a subscriber under this 
paragraph, the provider shall 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 shall be 
given 60 days to respond to recertification efforts. If a subscriber 
does not respond to the provider's notice of impending de-enrollment, 
the provider shall de-enroll the subscriber from the Affordable 
Connectivity Program within five business days after the expiration of 
the subscriber's time to respond to the re-certification efforts.
    (e) De-enrollment requested by subscriber. If a participating 
provider receives a request from a subscriber to de-enroll from the 
Affordable Connectivity Program, it shall de-enroll the subscriber 
within two business days after the request.

[87 FR 8373, Feb. 14, 2022, as amended at 87 FR 8383, Feb. 14, 2022]



Sec.  54.1810  Consumer protection requirements.

    (a) Disclosures and consents for enrollment. Prior to enrolling a 
consumer in the Affordable Connectivity Program, participating providers 
shall obtain affirmative consumer consent either orally or in writing 
that acknowledges that after having reviewed the required disclosures 
about the Affordable Connectivity Program, the household consents to 
enroll with the provider.
    (1) The disclosures that shall be presented to the consumer shall 
convey in clear, easily understood terms that:
    (i) The Affordable Connectivity Program is a government program that 
reduces the customer's broadband internet access service bill;
    (ii) The household may obtain Affordable Connectivity Program-
supported broadband service from any participating provider of its 
choosing;
    (iii) The household may apply the affordable connectivity benefit to 
any broadband service offering of the participating provider at the same 
terms available to households that are not eligible for Affordable 
Connectivity Program-supported service;
    (iv) The provider may disconnect the household's Affordable 
Connectivity Program-supported service after 90 consecutive days of non-
payment;
    (v) The household will be subject to the provider's undiscounted 
rates and general terms and conditions if the Affordable Connectivity 
Program ends, if the consumer transfers their benefit to another 
provider but continues to receive service from the current provider, or 
upon de-enrollment from the Affordable Connectivity Program; and
    (vi) The household may file a complaint against its provider via the 
Commission's Consumer Complaint Center.

[[Page 355]]

    (2) If standard disclosure and consent language has been provided by 
the Commission, providers shall present that language to consumers prior 
to enrollment.
    (3) A participating provider shall not link enrollment in the 
Affordable Connectivity Program to some other action or information 
supplied to the provider for purposes other than the Affordable 
Connectivity Program, including but not limited to:
    (i) Not clearly distinguishing the process of signing up for ACP-
supported services and devices from the process of signing up for, 
renewing, upgrading, or modifying other services, including Lifeline-
supported services;
    (ii) Suggesting or implying that signing up for ACP-supported 
services and devices is required for obtaining or continuing other 
services, including Lifeline-supported services; and
    (iii) Tying the submission of customer information provided for 
another purpose (e.g., address verification or equipment upgrade or 
replacement) to enrollment in the Affordable Connectivity Program.
    (b) Transfers in the Affordable Connectivity Program. Participating 
providers shall comply with the following requirements for transferring 
an eligible household's affordable connectivity program benefit between 
providers.
    (1) Disclosures and subscriber consent. (i) Prior to transferring an 
eligible household's affordable connectivity program benefit, the 
provider transferring in the household shall obtain the household's 
affirmative consent either orally or in writing that acknowledges that 
after having reviewed the required disclosures, the household consents 
to transfer its benefit to the transfer-in provider.
    (ii) The oral or written disclosures shall be provided in clear, 
easily understood language and convey the following information:
    (A) That the subscriber will be transferring its affordable 
connectivity program benefit to the transfer-in provider;
    (B) That the effect of the transfer is that the subscriber's 
affordable connectivity program benefit will be applied to the transfer-
in provider's service and will no longer be applied to service retained 
from the transfer-out provider;
    (C) That the subscriber may be subject to the transfer-out 
provider's undiscounted rates as a result of the transfer if the 
subscriber elects to maintain service from the transfer-out provider; 
and
    (D) That the subscriber is limited to one affordable connectivity 
program benefit transfer transaction per service month, with limited 
exceptions for situations where the subscriber seeks to reverse an 
unwanted transfer or is unable to receive service from a specific 
provider.
    (iii) The household's oral or written consent shall:
    (A) Clearly identify the subscriber name;
    (B) Acknowledge the subscriber was provided the disclosure language 
required under paragraph (b)(1)(ii) of this section;
    (C) Indicate that having received the required disclosures, the 
subscriber gave its informed consent to transfer its benefit to the 
transfer-in provider; and
    (D) Indicate the date of the subscriber's consent.
    (iv) Participating providers shall use any standard consent and 
disclosure language provided by the Commission.
    (v) Participating providers shall satisfy the disclosure and consent 
requirements for each transfer transaction.
    (2) Notification to subscribers. Within five business days of 
completing a subscriber transfer in the National Lifeline Accountability 
Database, the transfer-in provider shall provide written notice to the 
transferred subscriber that indicates the following:
    (i) The name of the transfer-in provider to which the subscriber's 
affordable connectivity program benefit was transferred;
    (ii) The date the transfer was initiated; and
    (iii) An explanation of the dispute process if the subscriber 
believes the transfer was improper.
    (3) Limitation on transfers per month. Participating subscribers can 
only transfer their affordable connectivity benefit between providers 
once in a

[[Page 356]]

given service month, with the following limited exceptions:
    (i) The subscriber's benefit was improperly transferred;
    (ii) The subscriber's service provider ceases operations or fails to 
provide service;
    (iii) The subscriber's current service provider is found to be in 
violation of affordable connectivity program rules, and the violation 
impacts the subscriber for which the exception is sought;
    (iv) The subscriber changes its location to a residential address 
outside of the provider's service area for the Affordable Connectivity 
Program.
    (c) Credit checks. (1) A participating provider shall not:
    (i) Consider the results of a credit check as a condition of 
enrollment in the Affordable Connectivity Program.
    (ii) Consider the results of a credit check to determine to which 
Affordable Connectivity Program-supported internet service plan a 
household may apply the affordable connectivity benefit.
    (iii) Use the results of a credit check to decline to transfer a 
household's Affordable Connectivity Program benefit.
    (d) Non-payment. (1) Bill payment due date means the due date for 
payment specified on a bill for service charges.
    (2) A participating provider shall not terminate an eligible 
household's service subject to the affordable connectivity benefit on 
the grounds that the household has failed to pay the charges set forth 
on a bill for such service unless 90 consecutive days have passed since 
the bill payment due date.
    (e) Upselling and downselling--(1) Prohibition of inappropriate 
upselling and downselling. A participating provider and its agents shall 
not exert pressure on an eligible household to induce the purchase of a 
broadband internet access service or bundled plan that is more costly, 
less costly, affords different features, provides higher or lower speed 
or bandwidth, is subject to higher or lower data caps, or is bundled 
with additional services, equipment, or features, or fewer services, 
equipment, or features, than the service or plan that the household is 
already purchasing or has inquired about purchasing through the 
Affordable Connectivity Program.
    (2) Specific prohibited activities. Prohibited activities include, 
but are not limited to:
    (i) Requiring, as a condition of enrolling the household or applying 
the affordable connectivity benefit, that the household select a 
service, bundled plan, or equipment, other than the service or bundled 
plan that the eligible household subscriber is already purchasing or 
using or has inquired about.
    (ii) Pressuring an eligible household to purchase a service or 
bundled plan to benefit the provider but not the household.
    (3) Permitted activities. Provided that they do not exert pressure 
on existing or prospective eligible household subscribers, participating 
providers--
    (i) May communicate information regarding tiers of service that 
afford higher or lower speeds or bandwidth, are available at higher or 
lower prices, or have features that differ from a service or plan that 
an eligible household is already purchasing or has inquired about for 
the Affordable Connectivity Program; and
    (ii) May create or promote service plans that are specially priced 
or designed to meet the needs of eligible households.
    (f) Extended service contracts and early termination fees--(1) 
Definitions. (i) An extended service contract is typically an offer of 
service at a discount price in exchange for a commitment from the 
subscriber to remain on that service plan for a set period of time, 
usually at least a year.
    (ii) Early termination fees are fees that a subscriber is obligated 
to pay if it purchases a service plan subject to an extended service 
contract but terminates service before the end of the specified term of 
the contract.
    (2) Extended service contracts. An eligible household may elect to 
purchase and apply the affordable connectivity benefit to a 
participating provider's service plan subject to an extended service 
contract.
    (3) Early termination fees. Notwithstanding the provisions that 
apply to subscribers to extended service contracts who are not eligible 
households,

[[Page 357]]

an eligible household shall not be liable for early termination fees if 
it purchases and applies its affordable connectivity benefit to a 
service plan subject to an extended service contract but terminates 
service before the end of the specified term of the contract.
    (g) Restrictions on switching service offerings. A participating 
provider shall not impose any restrictions on a household's ability to 
switch internet service offerings, unless, once the consumer enters a 
delinquent status after the bill due date, the provider limits available 
service plans to offerings that are covered by the full benefit amount, 
and the household consents to switch service plans.
    (h) Restrictions on switching providers. (1) A participating 
provider shall not engage in any practice that is reasonably likely to 
cause a household to believe it is prohibited or restricted from 
transferring its benefit to a different participating provider.
    (2) A participating provider shall not:
    (i) Misrepresent or fail to accurately disclose to a household the 
rules and requirements pertaining to transfers to another participating 
provider in the Affordable Connectivity Program;
    (ii) Charge a household a fee to transfer their benefit to another 
participating provider; or
    (iii) Suggest or imply that the provider may change the household's 
service plan if it transfers the benefit to another participating 
provider.
    (i) Unjust and unreasonable acts or practices. (1) Providers are 
prohibited from engaging in unjust and unreasonable acts or practices 
that would undermine the purpose, intent, or integrity of the Affordable 
Connectivity Program.
    (2) Such unjust and unreasonable acts or practices include, but are 
not limited to:
    (i) Advertising or holding itself out as a participating provider if 
it is not authorized to participate in the Affordable Connectivity 
Program;
    (ii) Engaging in false or misleading advertising of the Affordable 
Connectivity Program;
    (iii) Failing to timely provide service, equipment, or devices that 
are advertised, promoted, or marketed as part of the Affordable 
Connectivity Program;
    (iv) Failing to enroll an eligible household as soon as practicable 
once the provider receives the household's affirmative consent to enroll 
with that provider;
    (v) Failing to apply the affordable connectivity benefit to such 
household on or before the start of the household's next billing cycle;
    (vi) Failing to deliver a supported connected device within 30 days 
of obtaining the household's affirmative consent to receive such device; 
and
    (vii) Violating any Program rule.

[87 FR 8373, Feb. 14, 2022, as amended at 87 FR 8383, Feb. 14, 2022]



Sec.  54.1811  Recordkeeping requirements.

    Participating providers shall maintain records to document 
compliance with all Commission requirements governing the Affordable 
Connectivity Program for the six full preceding calendar years and 
provide that documentation to the Commission or Administrator, or their 
designee, upon request. Participating providers shall maintain the 
documentation related to the eligibility determination and reimbursement 
claims for an Affordable Connectivity Program subscriber for as long as 
the subscriber receives the Affordable Connectivity Program discount 
from that participating provider, but for no less than the six full 
preceding calendar years.



Sec.  54.1812  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.

[[Page 358]]



Sec.  54.1813  Affordable Connectivity Program Transparency Data Collection.

    (a) Definitions. For purposes of the Affordable Connectivity Program 
Transparency Data Collection:
    Actual Speed. The term ``actual speed'' means the typical upload and 
download speeds period for a particular speed tier, either based on 
Measuring Broadband America (MBA) methodology, or other relevant testing 
data.
    Advertised Speed. The term ``advertised speed'' means the maximum 
advertised upload and download speeds for fixed broadband plans, and the 
minimum advertised upload and download speeds for mobile broadband 
plans.
    Base monthly price. The term ``base monthly price'' means the 
monthly price for a broadband internet service offering that would be 
paid by a household enrolled in the Affordable Connectivity Program, 
absent the affordable connectivity benefit. The base monthly price does 
not include the price of any recurring monthly fees (such as fees 
providers impose at their discretion, or equipment rental fees), 
government taxes or fees, or one-time charges (such as installation 
charges, equipment purchase fee, etc.).
    Bundle. The term ``bundle'' means a combination of broadband 
internet access service with any non-broadband internet access service 
offerings, including but not limited to video, voice, and text.
    Data Cap. The term ``data cap'' means data usage restrictions on 
both pre-paid and post-paid plans, including ``soft caps'' where a 
user's internet traffic is throttled or deprioritized, and ``hard caps'' 
where a user's access to the internet is discontinued.
    Latency. The term ``latency'' means the length of time for a signal 
to be sent between two defined end points and the time it takes for an 
acknowledgement of the receipt of the signal to be received.
    Legacy plan. The term ``legacy plan'' means an internet service 
offering in which an ACP subscriber is enrolled that a participating 
provider is not accepting new enrollment.
    Personally identifiable information. The term ``personally 
identifiable information'' means information that can be used to 
distinguish or trace an individual's identity, either alone or when 
combined with other information that is linked or linkable to a specific 
individual.
    Plan. The term ``plan'' means ``internet service offering'' as 
defined in Sec.  54.1800(n).
    Unique identifier. The term ``unique identifier'' means a machine-
readable string of characters uniquely identifying a broadband plan, not 
containing any special characters. Where a broadband plan is associated 
with a broadband label under 47 CFR 8.1(a), the unique identifier must 
be the same as that in the broadband label. Unique identifiers cannot be 
reused or refer to multiple plans. A provider must develop a new plan 
identifier, when a plan's components change.
    (b) Information to be collected. (1) For each plan that a household 
enrolled in the Affordable Connectivity Program is subscribed to, all 
participating providers shall submit, in an electronic format as 
directed by the Commission at the ZIP code level, by the deadline 
described in paragraph (c) of this section,
    (i) The unique identifier with the following plan characteristics:
    (A) Base monthly price,
    (B) Whether the base monthly price is introductory, and if so, the 
term of the introductory price and the post-introductory price,
    (C) Itemized provider-imposed recurring monthly fees,
    (D) Itemized one-time fees,
    (E) Speed (actual and advertised speeds),
    (F) Latency,
    (G) Data caps (including de-prioritization and throttling), any 
charges for additional data usages along with the relevant increment 
(e.g., 1 GB, 500 MB),
    (H) Whether the service is bundled, the high-level components of the 
bundle, and voice minutes or number of text messages included as part of 
the bundle if applicable,
    (I) Whether any associated equipment is required, whether any 
required associated equipment is included in the advertised cost, and 
the one-time fee or rental cost for required associated equipment;

[[Page 359]]

    (ii) The number of ACP households subscribed;
    (iii) The number of ACP households that have reached a data cap 
during month prior to the snapshot date;
    (iv) The average amount by which ACP households have exceeded the 
data cap for the month prior to the snapshot date;
    (v) The average overage amount paid by ACP households exceeding a 
data cap for the month prior to the snapshot date;
    (vi) The number of ACP households receiving the ACP Tribal enhanced 
benefit;
    (vii) The number of ACP households receiving the ACP high-cost 
enhanced benefit;
    (viii) The number of ACP households who are also enrolled in 
Lifeline for that plan;
    (2) Legacy plans. For each legacy plan that a household enrolled in 
the Affordable Connectivity Program is subscribed to, all participating 
providers are required to submit all of the characteristics identified 
in paragraph (b)(1) of this section except: speed (actual and 
advertised), latency, introductory monthly charge, the length of the 
introductory period, and any one-time fees.
    (c) Timing of collection. No later than November 9, 2023, and 
annually thereafter, participating providers must submit to the 
Commission the information in paragraph (b) of this section for all 
plans in which an Affordable Connectivity Program household is 
subscribed. The information must be current as of an annual snapshot 
date established and announced by the Bureau.
    (d) Certifications. As part of the data collection required by 
paragraph (b) of the section, an officer of the participating provider 
shall certify, under penalty of perjury, that:
    (1) The officer is authorized to submit the data collection on 
behalf of the participating provider; and
    (2) The data and information provided in the data collection is 
true, complete, and accurate to the best of the officer's knowledge, 
information, and belief, and is based on information known to the 
officer or provided to the officer by employees responsible for the 
information being submitted.
    (e) Publication of data--(1) Obligation to publish data. The 
Commission will make aggregated, non-provider-specific data relating to 
broadband internet access service information collected in paragraph (b) 
of this section available to the public in a commonly used electronic 
format without risking the disclosure of personally identifiable 
information, as defined in paragraph (a)(8) of this section, or 
proprietary information.
    (2) Requests for withholding from public inspection. When submitting 
information to the Commission under paragraph (c) of this section, a 
participating provider may submit a request that information be withheld 
from public inspection under Sec.  0.459 of this chapter.
    (f) Enforcement. A violation of the collection requirement occurs 
where a provider fails to submit ACP Transparency Data Collection 
information by the compliance date for a state in which the provider has 
ACP-enrolled subscribers. A base forfeiture amount for each state is the 
lesser of $22,000 or the latest monthly claim amount, for each state for 
which a provider has failed to submit complete information.

[88 FR 2267, Jan. 13, 2023, as amended at 88 FR 2267, Jan. 13, 2023; 88 
FR 57364, Aug. 23, 2023]



Sec.  54.1814  High-cost area benefit.

    (a) Definitions--(1) Audited income statement. For purposes of the 
administration of the Affordable Connectivity Program high-cost area 
benefit, an ``audited income statement'' is an income statement that has 
been audited by an independent Certified Public Accountant (CPA).
    (2) Component-level income statement. For purposes of the 
administration of the Affordable Connectivity Program high-cost area 
benefit, a ``component-level income statement'' is an income statement 
that shows financial results for the subsidiary or business component 
that is operating and/or offering retail broadband internet access 
service for sale in the designated high-cost areas as defined by 47 
U.S.C. 1702(a)(2)(G).

[[Page 360]]

    (3) Consolidated income statement. For purposes of the 
administration of the Affordable Connectivity Program high-cost area 
benefit, a ``consolidated income statement'' is an income statement that 
shows aggregated financial results for multiple entities or subsidiaries 
connected with a single parent company.
    (4) High-cost area. For purposes of the administration of the 
Affordable Connectivity Program high-cost area benefit, the term ``high-
cost area'' means an area as defined by 47 U.S.C. 1702(a)(2)(G) as 
determined by the National Telecommunications and Information 
Administration.
    (5) Particularized economic hardship. A provider has a 
``particularized economic hardship'' in a high-cost area only if:
    (i) It is not possible for that provider to offer service in the 
high-cost area while covering the costs of maintaining the operation of 
all or part of its broadband network in that area at the standard up to 
$30 a month discount; and
    (ii) The up to $75 a month high-cost area benefit would materially 
improve the provider's ability to offer service through the ACP and 
maintain and operate its broadband network in that area.
    (b) High-cost area benefit approval process. A facilities-based ACP 
participating provider in a high-cost area (as defined in paragraph (a) 
of this section) may provide an affordable connectivity benefit in an 
amount up to $75.00 for a broadband internet access service offering in 
a high-cost area upon a showing that the applicability of the standard 
up to $30.00 benefit under Sec.  54.1803(a) by the provider would cause 
particularized economic hardship to the provider such that the provider 
may not be able to maintain the operation of part or all of its 
broadband network in that high-cost area.
    (1) A participating provider seeking approval to provide the high-
cost area benefit must first electronically file a request with the 
Universal Service Administrative Company by the deadline established by 
the Wireline Competition Bureau.
    (i) The electronic request shall require the participating provider 
to specify whether it has previously applied for Federal financial 
assistance, as defined in 2 CFR 25.406, in the three fiscal years prior 
to the provider's application. Upon request, the participating provider 
must submit to the Administrator or the Commission applications for 
loans submitted to the U.S. Department of Agriculture Rural Utility 
Service (RUS), approvals or denials of such loans, the provider's RUS 
Operating Report for Telecommunications Borrowers filed with the RUS, 
and any financial reports filed with a state Public Utility Commission, 
as applicable.
    (ii) [Reserved]
    (2) The participating provider's request shall include the 
documentation required to demonstrate particularized economic hardship. 
The request shall include an income statement, a supporting affidavit, 
any applicable Federal tax filings and/or returns, and any other 
relevant documentation as determined by the Bureau and OEA.
    (i) The income statement(s) must:
    (A) Be produced in the ordinary course of business;
    (B) Include both consolidated and component-level income statements;
    (C) Be audited by an independent public accountant, where such 
statements are produced in the ordinary course of business or are 
required by 17 U.S.C. 78m, 78o(d); and
    (D) Include detailed information on the provider's net income, 
operating revenue, and operating expenses, including, but not 
necessarily limited to, cost of goods sold or services, selling, general 
and administrative expenses and depreciation or amortization expenses.
    (ii) The supporting affidavit, must include revenue and cost 
allocations and a description of the methodology, demonstrating that the 
provider was operating at a loss related to providing broadband internet 
access service in the relevant high-cost area(s) for the last fiscal 
year or in at least four of the last six fiscal quarters, or other 
acceptable documentation determined by the Wireline Competition Bureau 
in consultation with the Office of Economics and Analytics.

[[Page 361]]

    (iii) The participating provider must first attempt to directly 
assign or attribute costs to broadband internet access services, and if 
that is not possible, must use a cost-causative mechanism to the extent 
possible. If neither is possible, the participating provider must employ 
a reasonable cost-allocation with a justification for its methodology.
    (iv) The tax filing should include Form 1120, Form 1120-S or other 
applicable Federal Income Tax returns as required by 26 CFR part 1.
    (2) The participating provider's application must also include 
certifications from a company officer with knowledge of the provider's 
cost and revenues under penalty of perjury that:
    (i) All information submitted is true and correct to the best of the 
filer's knowledge;
    (ii) The provider will comply with all applicable statutes and the 
Commission's rules and orders; and
    (iii) The provider will use any reimbursed funds received for its 
intended purpose of providing discounted broadband internet access 
services to eligible low-income households.
    (iv) The provider is a facilities-based provider as defined by 47 
CFR 1.7001(a)(2)(i) through (v).
    (v) The provider used cost allocation methodology consistent with 
the rules.
    (c) Review process. The Administrator, under oversight of the 
Wireline Competition Bureau and the Office of Economics and Analytics, 
shall review each participating provider's request to offer the high-
cost area benefit and determine whether the provider has demonstrated a 
particularized economic hardship in the high-cost areas for which it is 
requesting to offer the high-cost area benefit. If the Administrator 
finds the particularized economic hardship showing is satisfied in 
accordance with the Commission's rules and orders, and any guidance from 
the Wireline Competition Bureau and the Office of Economics and 
Analytics, then the Administrator will approve the request and notify 
the participating provider. Otherwise, the Administrator will deny the 
request and provide the participating provider a written explanation of 
the basis for the denial.
    (1) The Administrator will review applications within a timeline to 
be determined by the Bureau.
    (2) Providers may appeal the Administrator's determination as set 
forth in subpart I in this part of the Commission's rules.
    (3) Providers may only submit claims for up to the $30.00 standard 
benefit amount while an appeal of an Administrator's determination is 
underway. Following a successful appeal, providers approved to offer the 
high-cost area benefit may submit revised claims for eligible households 
in the approved high-cost areas as set forth in Sec.  54.1808. The 
provider many submit revised claims for up to $75.00 only from the start 
of the approval period indicated in the appeal determination letter.
    (d) Annual renewal process. A participating provider that has been 
approved to provide the high-cost area benefit must request approval 
annually thereafter to continue to provide the enhanced benefit to 
eligible households in a subsequent year. The participating provider 
will need to demonstrate particularized economic hardship in the renewal 
submission, through the documentation specified by the Wireline 
Competition Bureau. The deadline for submitting the renewal request 
shall be determined by the Wireline Competition Bureau.
    (e) Notice to eligible households. (1) Participating providers 
approved to offer the high-cost area benefit shall provide Affordable 
Connectivity Program subscribers written notice when the provider begins 
applying the high-cost area benefit to the subscriber's bill. The 
written notice must state:
    (i) That the subscriber is receiving a high-cost area benefit and 
the difference between the standard benefit amount and the enhanced 
high-cost benefit being applied to the subscriber's supported service;
    (ii) That the receipt of the high-cost area benefit is contingent on 
the provider's annual continued eligibility to offer the enhanced high-
cost area benefit;
    (iii) That the provider is required to provide the subscriber 
advance notice if the provider is no longer deemed eligible to offer the 
high-cost area benefit; and

[[Page 362]]

    (iv) That the provider is required to provide the subscriber advance 
notice of any changes to the subscriber's supported service rate or 
service plan stemming from any loss of the provider's eligibility to 
offer the high-cost area benefit.
    (2) If a participating provider fails to timely submit the renewal 
submission by the deadline or no longer qualifies to offer the high-cost 
area benefit based on its annual resubmission, then the participating 
provider shall provide written notice to its Affordable Connectivity 
Program customers receiving the high-cost area benefit at least 30 days 
and at least 15 days before the expiration of its approval to offer the 
high-cost area benefit. Such subscriber notices shall include:
    (i) A statement that the provider will no longer be offering the 
high-cost area benefit in the relevant high-cost area;
    (ii) The effective date of the end of the high-cost area benefit;
    (iii) A statement that upon the effective date of the loss of the 
high-cost area benefit, the Affordable Connectivity Program supported 
service purchased by the household will no longer be discounted at the 
higher subsidy amount; and
    (iv) The amount the household will be expected to pay if it 
continues purchasing the service from the provider after the high-cost 
area benefit is no longer available.
    (3) If a participating provider is no longer authorized to offer the 
high-cost area benefit, the provider may transition an eligible 
household to a lower-priced ACP service plan once the high-cost area 
benefit is no longer available, upon advance notice to the household and 
an opportunity for the household to opt out of the change and remain on 
its current service plan or select another service plan. Participating 
providers must include the advance transition notice in the required 
written notice about the end of the provider's approval to offer the 
high-cost area benefit. The advanced notice must:
    (i) Provide details about the new plan and monthly price;
    (ii) State that the subscriber may remain on its current plan or 
choose another plan;
    (iii) Provide instructions on how the subscriber can opt out of the 
transition or change its service plan;
    (iv) Provide the deadline for the subscriber to notify the provider 
that the subscriber would like to remain on its current plan or choose 
another plan.

[88 FR 60355, Sept. 1, 2023]



        Subpart S_Affordable Connectivity Outreach Grant Program

    Source: 87 FR 54328, Sept. 6, 2022 unless otherwise noted.



Sec.  54.1900  Applicability of Uniform Administrative Requirements
for grants and cooperative agreements to non-Federal entities.

    Federal awards to non-Federal entities are subject to the Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements for 
Federal Awards at 2 CFR part 200, as adopted at 2 CFR 6000.1.



Sec.  54.1901  Neutrality requirement.

    Outreach conducted by Grantees, Pass-through Entities, and 
Subrecipients, as defined in 2 CFR part 200, through the Commission's 
Affordable Connectivity Outreach Grant Program shall be neutral with 
respect to a particular participating provider (as defined in Sec.  
54.1800(r)(1) through (4)) or among a specific group of participating 
providers (including, but not limited to, broadband industry groups, 
such as trade associations).



Sec.  54.1902  Prohibited activities and costs.

    In addition to any prohibited activities or costs, or other 
restrictions on grantee activities and costs under 2 CFR part 200, as 
adopted at 2 CFR 6000.1, or any other Federal statutes and regulations 
governing Federal grants, the following prohibitions apply to Grantees, 
Pass-through Entities, and Subrecipients for the Affordable Connectivity 
Outreach Grant Program.
    (a) Prohibition against steering consumers to particular ACP 
participating providers. Grantees, Pass-through Entities, and 
Subrecipients (as defined in 2

[[Page 363]]

CFR 200.1) shall not direct, steer, incentivize, or otherwise encourage 
consumers to enroll with a particular participating provider (as defined 
in Sec.  54.1800(r)(1) through (4)) or among a specific group of 
participating providers (including, but not limited to, broadband 
industry groups, such as trade associations) when conducting grant-
funded outreach activities. Grantees, Pass-through Entities, and 
Subrecipients shall also make clear that eligible households may enroll 
with the participating provider of their choice.
    (b) Prohibition against use of ACP participating provider-branded 
items. Grantees, Pass-through Entities, and Subrecipients shall not use 
participating-provider (as defined in Sec.  54.1800(r)(1) through (4)) 
branded items such as outreach materials, gifts, or incentives when 
conducting grant-funded outreach activities.
    (c) Prohibition against ACP participating provider gifts, 
incentives, and funding. Grantees, Pass-through Entities, and 
Subrecipients shall not:
    (1) Offer or provide consumers gifts or incentives provided by or 
funded by a participating provider (as defined in Sec.  54.1800(r)(1) 
through (4)) or a specific group of participating providers (including, 
but not limited to, broadband industry groups, such as trade 
associations) to encourage consumers to learn about, apply for, or 
enroll in the Affordable Connectivity Program (ACP) when conducting 
grant-funded outreach activities; or
    (2) Otherwise accept funding in any form, including in-kind 
contributions, from a participating provider or a specific group of 
participating providers for the purpose of conducting grant-funded 
outreach activities.
    (d) Prohibition against using grant funds for gifts and incentives. 
Grantees, Pass-through Entities, and Subrecipients may not use grant 
funds to obtain or support gifts or incentives to offer or provide to 
consumers to encourage consumers to learn about, apply for, or enroll in 
the Affordable Connectivity Program or otherwise engage with the 
Grantee, Pass-through Entity, or Subrecipient concerning the Affordable 
Connectivity Program when conducting grant-funded outreach activities.
    (e) Prohibition of certain compensation for individuals engaged in 
outreach. Grantees, Pass-through Entities, and Subrecipients shall not 
offer or provide any form of compensation that is based on the number of 
consumers or households that learn about, apply for, or enroll in the 
Affordable Connectivity Program to individuals conducting grant-funded 
outreach activities, including but not limited to their personnel, their 
representatives, their contractors, or others acting on behalf of the 
entity to conduct grant-funded outreach.



Sec.  54.1903  Ineligible entities.

    (a) In addition to any participant restrictions in 2 CFR part 200, 
as adopted at 2 CFR 6000.1, the following entities may not receive 
awards, either as Grantees, Pass-through Entities, or Subrecipients 
under the Outreach Grant Program:
    (1) Broadband providers (including municipal broadband providers), 
their affiliates, subsidiaries, contractors, agents, or representatives; 
and
    (2) Broadband industry groups and trade associations that represent 
broadband providers.
    (b) For municipal broadband providers, the exclusion of broadband 
providers and their affiliates, subsidiaries, or representatives from 
eligibility does not extend to separate arms of the municipality that do 
not maintain, manage, or operate the municipal broadband network.



Sec.  54.1904  Recordkeeping and audits.

    Participants in the Affordable Connectivity Outreach Grant Program 
must maintain records to document compliance with the rules and 
requirements for the Outreach Grant Program in accordance with 2 CFR 
200.334, 200.335, 200.336, and 200.338, as adopted at 2 CFR 6000.1, and 
shall provide that documentation to the Office of the Managing Director 
or any other FCC Bureau or Office, or their assigns, upon request in 
accordance with 2 CFR 200.337, as adopted at 2 CFR 6000.1.

[[Page 364]]



PART 59_INFRASTRUCTURE SHARING--Table of Contents



Sec.
59.1 General duty.
59.2 Terms and conditions of infrastructure sharing.
59.3 Information concerning deployment of new services and equipment.
59.4 Definition of ``qualifying carrier''.

    Authority: 47 U.S.C. 154(i), 154(j), 201-205, 259, 303(r), 403.

    Source: 62 FR 9713, Mar. 4, 1997, unless otherwise noted.



Sec.  59.1  General duty.

    Incumbent local exchange carriers (as defined in 47 U.S.C. section 
251(h)) shall make available to any qualifying carrier such public 
switched network infrastructure, technology, information, and 
telecommunications facilities and functions as may be requested by such 
qualifying carrier for the purpose of enabling such qualifying carrier 
to provide telecommunications services, or to provide access to 
information services, in the service area in which such qualifying 
carrier has obtained designation as an eligible telecommunications 
carrier under section 214(e) of 47 U.S.C.



Sec.  59.2  Terms and conditions of infrastructure sharing.

    (a) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall not be required to take any action that is 
economically unreasonable or that is contrary to the public interest.
    (b) An incumbent local exchange carrier subject to the requirements 
of section 59.1 may, but shall not be required to, enter into joint 
ownership or operation of public switched network infrastructure, 
technology, information and telecommunications facilities and functions 
and services with a qualifying carrier as a method of fulfilling its 
obligations under section 59.1.
    (c) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall not be treated by the Commission or any State as a 
common carrier for hire or as offering common carrier services with 
respect to any public switched network infrastructure, technology, 
information, or telecommunications facilities, or functions made 
available to a qualifying carrier in accordance with regulations issued 
pursuant to this section.
    (d) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall make such public switched network infrastructure, 
technology, information, and telecommunications facilities, or functions 
available to a qualifying carrier on just and reasonable terms and 
pursuant to conditions that permit such qualifying carrier to fully 
benefit from the economies of scale and scope of such local exchange 
carrier. An incumbent local exchange carrier that has entered into an 
infrastructure sharing agreement pursuant to section 59.1 must give 
notice to the qualifying carrier at least sixty days before terminating 
such infrastructure sharing agreement.
    (e) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall not be required to engage in any infrastructure 
sharing agreement for any services or access which are to be provided or 
offered to consumers by the qualifying carrier in such local exchange 
carrier's telephone exchange area.
    (f) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall file with the State, or, if the State has made no 
provision to accept such filings, with the Commission, for public 
inspection, any tariffs, contracts, or other arrangements showing the 
rates, terms, and conditions under which such carrier is making 
available public switched network infrastructure, technology, 
information and telecommunications facilities and functions pursuant to 
this part.



Sec.  59.3  Information concerning deployment of new services and equipment.

    An incumbent local exchange carrier subject to the requirements of 
section 59.1 that has entered into an infrastructure sharing agreement 
under section 59.1 shall provide to each party to such agreement timely 
information on the planned deployment of telecommunications services and 
equipment, including any software or upgrades of software integral to 
the use or operation of such telecommunications equipment.

[[Page 365]]



Sec.  59.4  Definition of ``qualifying carrier''.

    For purposes of this part, the term ``qualifying carrier'' means a 
telecommunications carrier that:
    (a) Lacks economies of scale or scope; and
    (b) Offers telephone exchange service, exchange access, and any 
other service that is included in universal service, to all consumers 
without preference throughout the service area for which such carrier 
has been designated as an eligible telecommunications carrier under 
section 214(e) of 47 U.S.C.



PART 61_TARIFFS--Table of Contents



                            Subpart A_General

Sec.
61.1 Purpose and application.
61.2 General tariff requirements.
61.3 Definitions.
61.11-61.12 [Reserved]

                  Subpart B_Rules for Electronic Filing

61.13 Scope.
61.14 Method of filing publications.
61.15 Letters of transmittal and cover letters.
61.16 Base documents.
61.17 Applications for special permission.

            Subpart C_General Rules for Nondominant Carriers

61.18 Scope.
61.19 Detariffing of international and interstate, domestic 
          interexchange services.
61.20 Method of filing publications.
61.25 References to other instruments.
61.26 Tariffing of competitive interstate switched exchange access 
          services.

   Subpart D_General Tariff Rules for International Dominant Carriers

61.28 International dominant carrier tariff filing requirements.

              Subpart E_General Rules for Dominant Carriers

61.38 Supporting information to be submitted with letters of 
          transmittal.
61.39 Optional supporting information to be submitted with letters of 
          transmittal for Access Tariff filings by incumbent local 
          exchange carriers serving 50,000 or fewer access lines in a 
          given study area that are described as subset 3 carriers in 
          Sec.  69.602.
61.40 Private line rate structure guidelines.
61.41 Price cap requirements generally.
61.42 Price cap baskets and service categories.
61.43 Annual price cap filings required.
61.44 [Reserved]
61.45 Adjustments to the PCI for Local Exchange Carriers.
61.46 Adjustments to the API.
61.47 Adjustments to the SBI; pricing bands.
61.48 Transition rules for price cap formula calculations.
61.49 Supporting information to be submitted with letters of transmittal 
          for tariffs of carriers subject to price cap regulation.
61.50 Regulation of business data services offered by rate-of-return 
          carriers electing incentive regulation.

  Subpart F_Formatting and Notice Requirements for Tariff Publications

61.51 Scope.
61.52 Form, size, type, legibility, etc.
61.54 Composition of tariffs.
61.55 Contract-based tariffs.
61.58 Notice requirements.
61.59 Effective period required before changes.

    Subpart G_Specific Rules for Tariff Publications of Dominant and 
                          Nondominant Carriers

61.66 Scope.
61.68 Special notations.
61.69 Rejection.
61.72 Public information requirements.
61.73 Duplication of rates or regulations.
61.74 References to other instruments.
61.83 Consecutive numbering.
61.86 Supplements.
61.87 Cancellation of tariffs.

                         Subpart H_Concurrences

61.131 Scope.
61.132 Method of filing concurrences.
61.133 Format of concurrences.
61.134 Concurrences for through services.
61.135 Concurrences for other purposes.
61.136 Revocation of concurrences.

    Subpart I_Adoption of Tariffs and Other Documents of Predecessor 
                                Carriers

61.171 Adoption notice.
61.172 Changes to be incorporated in tariffs of successor carrier.

                          Subpart J_Suspensions

61.191 Carrier to file supplement when notified of suspension.
61.192 Contents of supplement announcing suspension.
61.193 Vacation of suspension order; supplements announcing same; etc.

[[Page 366]]

             Subpart K_Detariffing of Business Data Services

61.201 Detariffing of price cap local exchange carriers.
61.203 Detariffing of competitive local exchange carriers.

    Authority: 47 U.S.C. 151, 154(i), 154(j), 201-205, 403, unless 
otherwise noted.

    Source: 49 FR 40869, Oct. 18, 1984, unless otherwise noted.



                            Subpart A_General



Sec.  61.1  Purpose and application.

    (a) The purpose of this part is to prescribe the framework for the 
initial establishment of and subsequent revisions to tariff 
publications.
    (b) Tariff publications filed with the Commission must conform to 
the rules in this part and with Commission rules regarding the payment 
of statutory charges (see subpart G of part 1 of this title) and the use 
of FCC Registration Numbers (FRNs) (see subpart W of part 1 of this 
title). Failure to comply with any provisions of these rules may be 
grounds for rejection of the non-complying publication, a determination 
that it is unlawful or other action. Where an FRN has been omitted from 
a cover letter or transmittal accompanying a tariff publication filed 
under this part or the FRN included in that letter is invalid, the 
submitting carrier or carrier representative shall have ten (10) 
business days from the date of filing to amend the cover letter or 
transmittal to include a valid FRN. If within that ten (10) business day 
period, the carrier or carrier representative amends the cover letter or 
transmittal to include a valid FRN, that FRN shall be deemed to have 
been included in the letter as of its original filing date. If, after 
the expiration of the ten (10) business day period, the cover letter or 
transmittal has not been amended to include a valid FRN, the related 
tariff publication may be rejected if it has not yet become effective, 
declared unlawful if it has become effective, or subject to other 
action.
    (c) No carrier required to file tariffs may provide any interstate 
or foreign communication service until every tariff publication for such 
communication service is on file with the Commission and in effect.

[49 FR 40869, Oct. 18, 1984, as amended at 66 FR 47896, Sept. 14, 2001]



Sec.  61.2  General tariff requirements.

    (a) In order to remove all doubt as to their proper application, all 
tariff publications must contain clear and explicit explanatory 
statements regarding the rates and regulations.
    (b) Tariff publications must be delivered to the Commission free 
from all charges, including claims of postage.
    (c) Tariff publications will not be returned.

[64 FR 46586, Aug. 26, 1999]



Sec.  61.3  Definitions.

    (a) Act. The Communications Act of 1934 (48 Stat. 1004; 47 U.S.C. 
chapter 5), as amended.
    (b) Actual Price Index (API). An index of the level of aggregate 
rate element rates in a basket, which index is calculated pursunt to 
Sec.  61.46.
    (c) Association. This term has the meaning given it in Sec.  
69.2(d).
    (d) Average Price Cap CMT Revenue per Line month. (1) Price Cap CMT 
Revenue (as defined in Sec.  61.3(cc)) per month as of July 1, 2000 
(adjusted to remove Universal Service Contributions assessed to local 
exchange carriers pursuant to Sec.  54.702 of this chapter) using 2000 
annual filing base period demand, divided by the 2000 annual filing base 
period demand. In filing entities with multiple study areas, if it 
becomes necessary to calculate the Average Price Cap CMT Revenue per 
Line month for a specific study area, then the Average Price Cap CMT 
Revenue per Line month for that study area is determined as follows, 
using base period demand revenues (adjusted to remove Universal Service 
Contributions assessed to Local Exchange Carriers pursuant to Sec.  
54.702 of this chapter), Base Factor Portion (BFP) and 2000 annual 
filing base period lines:
    Average Price Cap CMT Revenue per Line Month in a study area = Price 
Cap CMT Revenue x (BFP in the study area / (BFP in the Filing Entity) / 
(Lines in the study area.

[[Page 367]]

    (2) Nothing in this definition precludes a price cap local exchange 
carrier from continuing to average rates across filing entities 
containing multiple study areas, where permitted under existing rules.
    (3) Average Price Cap CMT Revenues per Line month may be adjusted 
after July 1, 2000 to reflect exogenous costs pursuant to Sec.  
61.45(d).
    (4) Average Price Cap CMT Revenues per Line month may also be 
adjusted pursuant to Sec.  61.45 (b)(1)(iii).
    (e) Average Traffic Sensitive Charge. (1) The Average Traffic 
Sensitive Charge (ATS charge) is the sum of the following two 
components:
    (i) The Local Switching (LS) component. The LS component will be 
calculated by dividing the proposed LS revenues (End Office Switch, LS 
trunk ports, Information Surcharge, and signalling transfer point (STP) 
port) by the base period LS minutes of use (MOUs); and
    (ii) The Transport component. The Transport component will be 
calculated by dividing the proposed Transport revenues (Switched Direct 
Trunk Transport, Signalling for Switched Direct Trunk Transport, 
Entrance Facilities for Switched Access traffic, Tandem Switched 
Transport, Signalling for Tandem Switching and residual per minute 
Transport Interconnection Charge (TIC) pursuant to Sec.  69.155 of this 
chapter) by price cap local exchange carrier only base period MOUs 
(including meet-point billing arrangements for jointly-provided 
interstate access by a price cap local exchange carrier and any other 
local exchange carrier).
    (2) For the purposes of determining whether the ATS charge has 
reached the Target Rate as set forth in Sec.  61.3(qq), the calculations 
should include all the relevant revenues and minutes for services 
provided under generally available price cap tariffs.
    (f) Band. A zone of pricing flexibility for a service category, 
which zone is calculated pursuant to Sec.  61.47.
    (g) Base period. For carriers subject to Sec. Sec.  61.41 through 
61.49, the 12-month period ending six months prior to the effective date 
of annual price cap tariffs. Base year or base period earnings shall 
exclude amounts associated with exogenous adjustments to the PCI for the 
lower formula adjustment mechanism permitted by Sec.  61.45(d)(1)(vii).
    (h) Basket. Any class or category of tariffed service or charge:
    (1) Which is established by the Commission pursuant to price cap 
regulation;
    (2) The rates of which are reflected in an Actual Price Index; and
    (3) The related revenues of which are reflected in a Price Cap 
Index.
    (i) Change in rate structure. A restructuring or other alteration of 
the rate components for an existing service.
    (j) Charges. The price for service based on tariffed rates.
    (k) Commercial contractor. The commercial firm to whom the 
Commission annually awards a contract to make copies of Commission 
records for sale to the public.
    (l) Commission. The Federal Communications Commission.
    (m) Concurring carrier. A carrier (other than a connecting carrier) 
subject to the Act which concurs in and assents to schedules of rates 
and regulations filed on its behalf by an issuing carrier or carriers.
    (n) Connecting carrier. A carrier engaged in interstate or foreign 
communication solely through physical connection with the facilities of 
another carrier not directly or indirectly controlling or controlled by, 
or under direct or indirect common control with, such carrier.
    (o) Contract-based tariff. A tariff based on a service contract 
entered into between a non-dominant carrier and a customer, or between a 
customer and a price cap local exchange carrier which has obtained 
permission to offer contract-based tariff services pursuant to part 69, 
subpart H, of this chapter.
    (p) Corrections. The remedy of errors in typing, spelling, or 
punctuation.
    (q) Dominant carrier. A carrier found by the Commission to have 
market power (i.e., power to control prices).
    (r) GDP Price Index (GDP-PI). The estimate of the Chain-Type Price 
Index for Gross Domestic Product published by the United States 
Department of Commerce, which the Commission designates by Order.
    (s) GNP Price Index (GNP-PI). The estimate of the ``Fixed-Weighted 
Price Index for Gross National Product, 1982

[[Page 368]]

Weights'' published by the United States Department of Commerce, which 
the Commission designates by Order.
    (t) Incumbent Local Exchange Carrier. ``Incumbent Local Exchange 
Carrier'' or ``ILEC'' has the same meaning as that term is defined in 47 
U.S.C. 251(h).
    (u) Issuing carrier. A carrier subject to the Act that publishes and 
files a tariff or tariffs with the Commission.
    (v) Line month. Line demand per month multiplied by twelve.
    (w) Local exchange carrier. Any person that is engaged in the 
provision of telephone exchange service or exchange access as defined in 
section 3(26) of the Act.
    (x) Mid-size company. All price cap local exchange carriers other 
than the Regional Bell Operating Companies and GTE.
    (y) New service offering. A tariff filing that provides for a class 
or sub-class of service not previously offered by the carrier involved 
and that enlarges the range of service options available to ratepayers.
    (z) Non-dominant carrier. A carrier not found to be dominant. The 
nondominant status of providers of international interexchange services 
for purposes of this subpart is not affected by a carrier's 
classification as dominant under Sec.  63.10 of this chapter.
    (aa) Other participating carrier. A carrier subject to the Act that 
publishes a tariff containing rates and regulations applicable to the 
portion or through service it furnishes in conjunction with another 
subject carrier.
    (bb) Price Cap Local Exchange Carrier. A local exchange carrier 
subject to regulation pursuant to Sec.  61.41 through 61.49.
    (cc) Pooled Local Switching Revenue. For certain qualified companies 
as set forth in Sec.  61.48 (m), is the amount of additional local 
switching reductions in the July 2000 Annual filing allowed to be moved 
and recovered in the CMT basket.
    (dd) Price Cap CMT Revenue. The maximum total revenue a filing 
entity would be permitted to receive from End User Common Line charges 
under Sec.  69.152 of this chapter, Presubscribed Interexchange Carrier 
charges (PICCs) under Sec.  69.153 of this chapter, Carrier Common Line 
charges under Sec.  69.154 of this chapter, and Marketing under Sec.  
69.156 of this chapter, using Base Period lines. Price Cap CMT Revenue 
does not include the price cap local exchange carrier universal service 
contributions as of July 1, 2000. The Price Cap CMT revenue does not 
include the pooled local switching revenue outlined in paragraph (bb) of 
this section.
    (ee) Price Cap Index (PCI). An index of prices applying to each 
basket of services of each carrier subject to price cap regulation, and 
calculated pursuant to Sec.  61.45.
    (ff) Price cap regulation. A method of regulation of dominant 
carriers provided in Sec. Sec.  61.41 through 61.49.
    (gg) Price cap tariff filing. Any tariff filing involving a service 
subject to price cap regulation, or that requires calculations pursuant 
to Sec. Sec.  61.45, 61.46, or 61.47.
    (hh) [Reserved]
    (ii) Rate. The tariffed price per unit of service.
    (jj) Rate increase. Any change in a tariff which results in an 
increased rate or charge to any of the filing carrier's customers.
    (kk) Rate level change. A tariff change that only affects the actual 
rate associated with a rate element, and does not affect any tariff 
regulations or any other wording of tariff language.
    (ll) Regulations. The body of carrier prescribed rules in a tariff 
governing the offering of service in that tariff, including rules, 
practices, classifications, and definitions.
    (mm) Restructured service. An offering which represents the 
modification of a method of charging or provisioning a service; or the 
introduction of a new method of charging or provisioning that does not 
result in a net increase in options available to customers.
    (nn) Rural Company. A company that, as of December 31, 1999, was 
certified to the Commission as a rural telephone company.
    (oo) Service Band Index (SBI). An index of the level of aggregate 
rate element rates in a service category, which index is calculated 
pursuant to Sec.  61.47.
    (pp) Service category. Any group of rate elements subject to price 
cap regulation, which group is subject to a band.

[[Page 369]]

    (qq) Supplement. A publication filed as part of a tariff for the 
purpose of suspending or canceling that tariff, or tariff publication 
and numbered independently from the tariff page series.
    (rr) Target Rate. The applicable Target Rate shall be defined as 
follows:
    (1) For regional Bell Operating Companies and GTE, $0.0055 per ATS 
minute of use;
    (2) For a holding company with a holding company average of less 
than 19 Switched Access End User Common Line charge lines per square 
mile served such company may elect to use a Target Rate of $0.0095 with 
respect to all exchanges owned by that holding company on July 1, 2000, 
or which that holding company is, as of April 1, 2000, under a binding 
and executed contract to purchase;
    (3) For other price cap local exchange carriers, $0.0065 per ATS 
minute of use.
    (ss) Tariff. Schedules of rates and regulations filed by common 
carriers.
    (tt) Tariff publication, or publication. A tariff, supplement, 
revised page, additional page, concurrence, notice of revocation, 
adoption notice, or any other schedule of rates or regulations filed by 
common carriers.
    (uu) Tariff year. The period from the day in a calendar year on 
which a carrier's annual access tariff filing is scheduled to become 
effective through the preceding day of the subsequent calendar year.
    (vv) Text change. A change in the text of a tariff which does not 
result in a change in any rate or regulation.
    (ww) United States. The several States and Territories, the District 
of Columbia, and the possessions of the United States.
    (xx) Corridor service. ``Corridor service'' refers to interLATA 
services offered in the ``limited corridors'' established by the 
District Court in United States v. Western Electric Co., Inc., 569 F. 
Supp. 1057, 1107 (D.D.C. 1983).
    (yy) Toll dialing parity. ``Toll dialing parity'' exists when there 
is dialing parity, as defined in Sec.  51.5 of this chapter, for toll 
services.
    (zz) Loop-based services. Loop-based services are services that 
employ Subcategory 1.3 facilities, as defined in Sec.  36.154 of this 
chapter.
    (aaa) Zone Average Revenue per Line. The amount calculated as 
follows:

Zone Average Revenue per Line = (25% * (Loop + Port)) + U (Uniform 
revenue per line adjustment)

Where:

Loop = the price for unbundled loops in a UNE zone.
Port = the price for switch ports in that UNE zone.
U = [(Average Price Cap CMT Revenue per Line month in a study area * 
          price cap local exchange carrier Base Period Lines) - (25% * 
          [Sigma] (price cap local exchange carrier Base Period Lines in 
          a UNE Zone * ((Loop + Port ) for all zones)))] / price cap 
          local exchange carrier Base Period Lines in a study area.
    (bbb) Access Stimulation. (1) A Competitive Local Exchange Carrier 
serving end user(s) or an IPES Provider serving end user(s) engages in 
Access Stimulation when it satisfies either paragraph (bbb)(1)(i) or 
(ii) of this section; and a rate-of-return local exchange carrier 
serving end user(s) engages in Access Stimulation when it satisfies 
either paragraph (bbb)(1)(i) or (iii) of this section.
    (i) The rate-of-return local exchange carrier, Competitive Local 
Exchange Carrier, or IPES Provider:
    (A) Has an access revenue sharing agreement, whether express, 
implied, written or oral, that, over the course of the agreement, would 
directly or indirectly result in a net payment to the other party 
(including affiliates) to the agreement, in which payment by the rate-
of-return local exchange carrier, Competitive Local Exchange Carrier, or 
IPES Provider is based on the billing or collection of access charges 
from interexchange carriers or wireless carriers. When determining 
whether there is a net payment under this rule, all payments, discounts, 
credits, services, features, functions, and other items of value, 
regardless of form, provided by the rate-of-return local exchange 
carrier, Competitive Local Exchange Carrier, or IPES Provider to the 
other party to the agreement shall be taken into account; and
    (B) Has either an interstate terminating-to-originating traffic 
ratio of at least 3:1 in an end office or equivalent in a calendar 
month, or has had more than a 100 percent growth in interstate

[[Page 370]]

originating and/or terminating switched access minutes of use in a month 
compared to the same month in the preceding year for such end office or 
equivalent.
    (ii) A Competitive Local Exchange Carrier or IPES Provider has an 
interstate terminating-to-originating traffic ratio of at least 6:1 in 
an end office or equivalent in a calendar month.
    (iii) A rate-of-return local exchange carrier has an interstate 
terminating-to-originating traffic ratio of at least 10:1 in an end 
office or equivalent in a three-calendar month period and has 500,000 
minutes or more of interstate terminating minutes-of-use per month in 
the same end office in the same three-calendar month period. These 
factors will be measured as an average over the three-calendar month 
period.
    (2) A Competitive Local Exchange Carrier serving end user(s), or an 
IPES Provider serving end user(s), that has engaged in Access 
Stimulation will continue to be deemed to be engaged in Access 
Stimulation until: For a carrier or provider engaging in Access 
Stimulation as defined in paragraph (bbb)(1)(i) of this section, it 
terminates all revenue sharing agreements covered in paragraph 
(bbb)(1)(i) of this section and does not engage in Access Stimulation as 
defined in paragraph (bbb)(1)(ii) of this section; and for a carrier or 
provider engaging in Access Stimulation as defined in paragraph 
(bbb)(1)(ii) of this section, its interstate terminating-to-originating 
traffic ratio for an end office or equivalent falls below 6:1 for six 
consecutive months, and it does not engage in Access Stimulation as 
defined in paragraph (bbb)(1)(i) of this section.
    (3) A rate-of-return local exchange carrier serving end user(s) that 
has engaged in Access Stimulation will continue to be deemed to be 
engaged in Access Stimulation until: For a carrier engaging in Access 
Stimulation as defined in paragraph (bbb)(1)(i) of this section, it 
terminates all revenue sharing agreements covered in paragraph 
(bbb)(1)(i) of this section and does not engage in Access Stimulation as 
defined in paragraph (bbb)(1)(iii) of this section; and for a carrier 
engaging in Access Stimulation as defined in paragraph (bbb)(1)(iii) of 
this section, its interstate terminating-to-originating traffic ratio 
falls below 10:1 for six consecutive months and its monthly interstate 
terminating minutes-of-use in an end office or equivalent falls below 
500,000 for six consecutive months, and it does not engage in Access 
Stimulation as defined in paragraph (bbb)(1)(i) of this section.
    (4) A local exchange carrier engaging in Access Stimulation is 
subject to revised interstate switched access charge rules under Sec.  
61.26(g) (for Competitive Local Exchange Carriers) or Sec.  61.38 and 
Sec.  69.3(e)(12) of this chapter (for rate-of-return local exchange 
carriers).
    (5) In calculating the interstate terminating-to-originating traffic 
ratio at each end office or equivalent under this paragraph (bbb), each 
Competitive Local Exchange Carrier, rate-of-return local exchange 
carrier or IPES Provider shall include in such calculation only traffic 
traversing that end office or equivalent and going to and from any 
telephone number associated with an Operating Company Number that has 
been issued to such Competitive Local Exchange Carrier, rate-of-return 
local exchange carrier or IPES Provider. The term ``equivalent'' in the 
phrase ``end office or equivalent'' means ``End Office Equivalent,'' as 
defined in this section.
    (ccc) Intermediate Access Provider. The term means, for purposes of 
this part and Sec. Sec.  51.914, 69.4(1), and 69.5(b) of this chapter, 
any entity that provides terminating switched access tandem switching or 
terminating switched access tandem transport services between the final 
Interexchange Carrier in a call path and:
    (1) A local exchange carrier engaged in Access Stimulation, as 
defined in paragraph (bbb) of this section; or
    (2) A local exchange carrier delivering traffic to an IPES Provider 
engaged in Access Stimulation, as defined in paragraph (bbb) of this 
section; or
    (3) An IPES Provider engaged in Access Stimulation, as defined in 
paragraph (bbb) of this section, where the entity delivers calls 
directly to the IPES Provider.
    (ddd) Interexchange Carrier. The term means, for purposes of this 
part and

[[Page 371]]

Sec. Sec.  69.3(e)(12)(iv) and 69.5(b) of this chapter, a retail or 
wholesale telecommunications carrier that uses the exchange access or 
information access services of another telecommunications carrier for 
the provision of telecommunications.
    (eee) IPES (Internet Protocol Enabled Service) Provider. The term 
means, for purposes of this part and Sec. Sec.  51.914, 69.4(l) and 
69.5(b) of this chapter, a provider offering a service that:
    (1) Enables communications;
    (2) Requires a broadband connection from the user's location or end 
to end;
    (3) Requires internet Protocol-compatible customer premises 
equipment (CPE); and
    (4) Permits users to receive calls that originate on the public 
switched telephone network or that originate from an Internet Protocol 
service.
    (fff) End Office Equivalent. For purposes of this part and 
Sec. Sec.  51.914, 69.3(e)(12)(iv) and 69.4(l) of this chapter, an End 
Office Equivalent is the geographic location where traffic is delivered 
to an IPES Provider for delivery to an end user. This location shall be 
used as the terminating location for purposes of calculating 
terminating-to-originating traffic ratios, as provided in this section. 
For purposes of the Access Stimulation Rules, the term ``equivalent'' in 
the phrase ``end office or equivalent'' means End Office Equivalent.

[54 FR 19840, May 8, 1989]

    Editorial Note: For Federal Register citations affecting Sec.  61.3, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.govinfo.gov.



Sec. Sec.  61.11-61.12  [Reserved]



                  Subpart B_Rules for Electronic Filing

    Source: 63 FR 35540, June 30, 1998, unless otherwise noted.



Sec.  61.13  Scope.

    (a) All issuing carriers that file tariffs are required to file 
tariff publications electronically, if practicable.
    (b) All tariff publications shall be filed in a manner that is 
compatible and consistent with the technical requirements of the 
Electronic Tariff Filing System.
    (c) Tariff publications which must be filed in hard copy format 
should be submitted according to the procedures set forth on the web 
page of the FCC's Office of the Secretary, https://www.fcc.gov/
secretary.

[83 FR 2557, Jan. 18, 2018]



Sec.  61.14  Method of filing publications.

    (a) Publications filed electronically must be captioned to 
``Secretary, Federal Communications Commission, Washington, DC 20554.'' 
The Electronic Tariff Filing System will accept filings 24 hours a day, 
seven days a week. The official filing date of a publication received by 
the Electronic Tariff Filing System will be determined by the date and 
time the transmission ends. If the transmission ends after the close of 
a business day, as that term is defined in Sec.  1.4(e)(2) of this 
chapter, the filing will be date and time stamped as of the opening of 
the next business day.
    (b) Carriers are strongly encouraged to submit publications 
electronically if practicable. Carriers need only transmit one set of 
files to the Commission. No other copies to any other party are 
required. Publications which must be filed in hard copy format should be 
submitted according to the procedures set forth on the web page of the 
FCC's Office of the Secretary, https://www.fcc.gov/secretary.
    (c) Carriers that are required to file publications electronically 
may not file those publications on paper or other media unless 
specifically required to do so by the Commission.
    (d) Carriers that are required to file publications electronically 
need only transmit one set of files to the Commission. No other copies 
to any other party are required.
    (e) Carriers that are required to file publications electronically 
must comply with the format requirements set forth in Sec. Sec.  61.52 
and 61.54, with the exception of the informational tariffs filed 
pursuant to 47 U.S.C. 226(h)(1)(A).

[63 FR 35540, June 30, 1998, as amended at 64 FR 46586, Aug. 26, 1999; 
73 FR 9030, Feb. 19, 2008; 76 FR 43210, July 20, 2011; 83 FR 2557, Jan. 
18, 2018]

[[Page 372]]



Sec.  61.15  Letters of transmittal and cover letters.

    (a) All tariff publications filed with the Commission electronically 
must be accompanied by a letter of transmittal. All letters of 
transmittal filed with the Commission must be numbered consecutively by 
the issuing carrier beginning with Number 1. All letters of transmittal 
must also:
    (1) Concisely explain the nature and purpose of the filing;
    (2) Specify whether supporting information is required for the new 
tariff or tariff revision, and specify the Commission rule or rules 
governing the supporting information requirements for that filing;
    (3) Contain a statement indicating the date and method of filing of 
the original of the transmittal as required by Sec.  61.14(b);
    (4) Include the FCC Registration Number (FRN) of the carrier(s) on 
whose behalf the cover letter is submitted. See subpart W of part 1 of 
this title.
    (b) Local exchange carriers filing tariffs electronically pursuant 
to the notice requirements of section 204(a)(3) of the Communications 
Act shall display prominently, in the upper right hand corner of the 
letter of transmittal, a statement that the filing is made pursuant to 
that section and whether the tariff is filed on 7 or 15 days notice.
    (c) Any carrier filing a new or revised tariff made on 15 days' 
notice or less shall include in the letter of transmittal the name, room 
number, street address, telephone number, and facsimile number of the 
individual designated by the filing carrier to receive personal or 
facsimile service of petitions against the filing as required under 
Sec.  1.773(a)(4) of this chapter.
    (d) International carriers must certify that they are authorized 
under Section 214 of the Communications Act of 1934, as amended, to 
provide service, and reference the FCC file number of that 
authorization.
    (e) In addition to the requirements set forth in paragraph (a) of 
this section, any incumbent local exchange carrier choosing to file an 
Access Tariff under Sec.  61.39 must include in the transmittal:
    (1) A summary of the filing's basic rates, terms and conditions;
    (2) A statement concerning whether any prior Commission facility 
authorization necessary to the implementation of the tariff has been 
obtained; and
    (3) A statement that the filing is made pursuant to Sec.  61.39.
    (f) In addition to the requirements set forth in paragraph (a) of 
this section, any price cap local exchange carrier filing a price cap 
tariff must include in the letter of transmittal a statement that the 
filing is made pursuant to Sec.  61.49.
    (g) The letter of transmittal must specifically reference by number 
any special permission necessary to implement the tariff publication. 
Special permission must be granted prior to the filing of the tariff 
publication and may not be requested in the transmittal letter.
    (h)(1) The letter of transmittal must be substantially in the 
following format:
________________________________________________________________________
(Exact name of carrier in full)
________________________________________________________________________
(Post Office Address)
________________________________________________________________________
(Date)
________________________________________________________________________
Transmittal No.

Secretary, Federal Communications Commission; Washington, DC 20554

Attention: Wireline Competition Bureau

    The accompanying tariff (or other publication) issued by ____, and 
bearing FCC No. ____, effective ____, 20_, is sent to you for filing in 
compliance with the requirements of the Communications Act of 1934, as 
amended. (Here give the additional information required.)
________________________________________________________________________
(Name of issuing officer or agent)
________________________________________________________________________
________________________________________________________________________
    (Title)

    (2) A separate letter of transmittal may accompany each publication, 
or the above format may be modified to provide for filing as many 
publications as desired with one transmittal letter.
    (i) All submissions of documents other than a new tariff or 
revisions to an existing tariff, such as Base Documents or Tariff Review 
Plans, must be accompanied by a cover letter that

[[Page 373]]

concisely explains the nature and purpose of the filing. Publications 
submitted under this paragraph are not required to submit a tariffing 
fee.

[76 FR 43210, July 20, 2011]



Sec.  61.16  Base documents.

    (a) The Base Document is a complete tariff which incorporates all 
effective revisions, as of the last day of the preceding month. The Base 
Document should be submitted with a cover letter as specified in Sec.  
61.15(i) and identified as the Monthly Updated Base Document.
    (b) If there have been revisions that became effective up to and 
including the last day of the preceding month, a new Base Document must 
be submitted within the first five business days of the current month 
that will incorporate those revisions.

[76 FR 43211, July 20, 2011]



Sec.  61.17  Applications for special permission.

    (a) All issuing carriers that file applications for special 
permission, associated documents, such as transmittal letters, requests 
for special permission, and supporting information, shall file those 
documents electronically.
    (b) Applications for special permission must contain:
    (1) A detailed description of the tariff publication proposed to be 
put into effect;
    (2) A statement citing the specific rules and the grounds on which 
waiver is sought;
    (3) A showing of good cause; and
    (4) The appropriate Illustrative tariff pages the issuing carrier 
wishes to either revise or add as new pages to its tariff.
    (c) An application for special permission must be addressed to 
``Secretary, Federal Communications Commission, Washington, DC 20554.'' 
The Electronic Tariff Filing System will accept filings 24 hours a day, 
seven days a week. The official filing date of a publication received by 
the Electronic Tariff Filing System will be determined by the date and 
time the transmission ends. If the transmission ends after the close of 
a business day, as that term is defined in Sec.  1.4(e)(2) of this 
chapter, the filing will be date and time stamped as of the opening of 
the next business day.
    (d) In addition, for special permission applications requiring fees 
as set forth in part 1, subpart G of this chapter, carriers shall submit 
the appropriate fee and associated payment form electronically through 
the process set forth in Sec.  1.1105 of this chapter and, if 
practicable, the application and associated documents electronically in 
accordance with the procedures set forth on the Commission's website, 
www.fcc.gov/licensing-databases/fees. Applications which must be filed 
in hard copy format should be submitted according to the procedures set 
forth on the web page of the FCC's Office of the Secretary, https://
www.fcc.gov/secretary.
    (e) In addition, if an issuing carrier applies for special 
permission to revise joint tariffs, the application must state that it 
is filed on behalf of all carriers participating in the affected 
service. Applications must be numbered consecutively in a series 
separate from FCC tariff numbers and Letters of Transmittal, bear the 
signature of the officer or agent of the carrier, and be in the 
following format:

Application No._________________________________________________________

(Date)__________________________________________________________________

    Secretary, Federal Communications Commission, Washington, DC 20554.

Attention: Wireline Competition Bureau (here provide the statements 
required by section 61.17(b)).

(Exact name of carrier)_________________________________________________

(Name of officer or agent)______________________________________________

(Title of officer or agent)_____________________________________________

    (f) If approved, the issuing carrier must comply with all terms and 
use all authority specified in the grant. If a carrier elects to use 
less than the authority granted, it must apply to the Commission for 
modification of the original grant. If a carrier elects not to use the 
authority granted within sixty days of its effective date, the original 
grant will be automatically cancelled by the Commission.

[76 FR 43211, July 20, 2011, as amended at 83 FR 2557, Jan. 18, 2018]

[[Page 374]]



            Subpart C_General Rules for Nondominant Carriers



Sec.  61.18  Scope.

    The rules in this subpart apply to all nondominant carriers.

[64 FR 46587, Aug. 26, 1999]



Sec.  61.19  Detariffing of international and interstate, 
domestic interexchange services.

    (a) Except as otherwise provided in paragraphs (b) through (e) of 
this section, or by Commission order, carriers that are nondominant in 
the provision of international and interstate, domestic interexchange 
services shall not file tariffs for such services.
    (b) Carriers that are nondominant in the provision of international 
and domestic, interstate, interexchange services are permitted to file 
tariffs for dial-around 1 + services. For the purposes of this 
paragraph, dial-around 1 + calls are those calls made by accessing the 
interexchange carrier through the use of that carrier's carrier access 
code.
    (c) Carriers that are nondominant in the provision of international 
and domestic, interstate, interexchange services are permitted to file a 
tariff for such services applicable to those customers who contact the 
local exchange carrier to designate an interexchange carrier or to 
initiate a change with respect to their primary interexchange carrier. 
Such tariff will enable the interexchange carrier to provide service to 
the customer until the interexchange carrier and the customer consummate 
a written agreement, but in no event shall the interexchange carrier 
provide service to its customer pursuant to such tariff for more than 45 
days.
    (d) Carriers that are nondominant in the provision of international 
inbound collect calls to the United States are permitted to file a 
tariff for such services.
    (e) Carriers that are nondominant in the provision of ``on-demand'' 
Mobile Satellite Services are permitted to file a tariff for such 
services applicable to those customers that have not entered into pre-
existing service contracts designating a specific provider for such 
services.

[66 FR 16881, Mar. 28, 2001]



Sec.  61.20  Method of filing publications.

    (a) All issuing carriers that file tariffs shall file all tariff 
publications and associated documents, such as transmittal letters, 
requests for special permission, and supporting information, 
electronically in accordance with the requirements set forth in 
Sec. Sec.  61.13 through 61.17.
    (b) In addition, all tariff publications requiring fees as set forth 
in part 1, subpart G of this chapter, shall be submitted electronically 
if practicable in accordance with Sec.  1.1105 of this chapter along 
with the electronic submission of the payment online form. Petitions 
which must be filed in hard copy format should be submitted according to 
the procedures set forth on the web page of the FCC's Office of the 
Secretary, https://www.fcc.gov/secretary.

[76 FR 43211, July 20, 2011, as amended at 83 FR 2557, Jan, 18. 2018]



Sec.  61.25  References to other instruments.

    In addition to the cross-references permitted pursuant to Sec.  
61.74, a non-dominant carrier may cross-reference in its tariff 
publication only the rate provisions of another carrier's FCC tariff 
publication, provided that the following conditions are met:
    (a) The tariff being cross-referenced must be on file with the 
Commission and in effect;
    (b) The issuing carrier must specifically identify in its tariff the 
cross-referenced tariff by Carrier Name and FCC Tariff Number;
    (c) The issuing carrier must specifically identify in its tariff the 
rates being cross-referenced so as to leave no doubt as to the exact 
rates that will apply, including but not limited to any applicable 
credits, discounts, promotions; and
    (d) The issuing carrier must keep its cross-references current.

[64 FR 46588, Aug. 26, 1999]

[[Page 375]]



Sec.  61.26  Tariffing of competitive interstate switched exchange
access services.

    (a) Definitions. For purposes of this section, the following 
definitions shall apply:
    (1) CLEC shall mean a local exchange carrier that provides some or 
all of the interstate exchange access services used to send traffic to 
or from an end user and does not fall within the definition of 
``incumbent local exchange carrier'' in 47 U.S.C. 251(h).
    (2) Competing ILEC shall mean the incumbent local exchange carrier, 
as defined in 47 U.S.C. 251(h), that would provide interstate exchange 
access services, in whole or in part, to the extent those services were 
not provided by the CLEC.
    (3) Switched exchange access services shall include:
    (i) The functional equivalent of the ILEC interstate exchange access 
services typically associated with the following rate elements: Carrier 
common line (originating); carrier common line (terminating); local end 
office switching; interconnection charge; information surcharge; tandem 
switched transport termination (fixed); tandem switched transport 
facility (per mile); tandem switching;
    (ii) The termination of interexchange telecommunications traffic to 
any end user, either directly or 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 reciprocal compensation charges prescribed by this subpart for 
that traffic, regardless of the specific functions provided or 
facilities used.
    (4) Non-rural ILEC shall mean an incumbent local exchange carrier 
that is not a rural telephone company under 47 U.S.C. 153(44).
    (5) The rate for interstate switched exchange access services shall 
mean the composite, per-minute rate for these services, including all 
applicable fixed and traffic-sensitive charges.
    (6) Rural CLEC shall mean a CLEC that does not serve (i.e., 
terminate traffic to or originate traffic from) any end users located 
within either:
    (i) Any incorporated place of 50,000 inhabitants or more, based on 
the most recently available population statistics of the Census Bureau 
or
    (ii) An urbanized area, as defined by the Census Bureau.
    (b) Except as provided in paragraphs (c), (e), and (g) of this 
section, a CLEC shall not file a tariff for its interstate switched 
exchange access services that prices those services above the higher of:
    (1) The rate charged for such services by the competing ILEC or
    (2) The lower of:
    (i) The benchmark rate described in paragraph (c) of this section or
    (ii) In the case of interstate switched exchange access service, the 
lowest rate that the CLEC has tariffed for its interstate exchange 
access services, within the six months preceding June 20, 2001.
    (c) The benchmark rate for a CLEC's switched exchange access 
services will be the rate charged for similar services by the competing 
ILEC. If an ILEC to which a CLEC benchmarks its rates, pursuant to this 
section, lowers the rate to which a CLEC benchmarks, the CLEC must 
revise its rates to the lower level within 15 days of the effective date 
of the lowered ILEC rate.
    (d) Except as provided in paragraph (g) of this section, and 
notwithstanding paragraphs (b) and (c) of this section, in the event 
that, after June 20, 2001, a CLEC begins serving end users in a 
metropolitan statistical area (MSA) where it has not previously served 
end users, the CLEC shall not file a tariff for its exchange access 
services in that MSA that prices those services above the rate charged 
for such services by the competing ILEC.
    (e) Rural exemption. Except as provided in paragraph (g) of this 
section, and notwithstanding paragraphs (b) through (d) of this section, 
a rural CLEC competing with a non-rural ILEC shall not file a tariff for 
its interstate exchange access services that prices those services above 
the rate prescribed in the NECA access tariff, assuming the highest rate 
band for local switching. In addition to that NECA rate, the rural CLEC 
may assess a presubscribed interexchange carrier charge if, and only to 
the extent that,

[[Page 376]]

the competing ILEC assesses this charge. Beginning July 1, 2013, all 
CLEC reciprocal compensation rates for intrastate switched exchange 
access services subject to this subpart also shall be no higher than 
that NECA rate.
    (f) If a CLEC provides some portion of the switched exchange access 
services used to send traffic to or from an end user not served by that 
CLEC, the rate for the access services provided may not exceed the rate 
charged by the competing ILEC for the same access services, except if 
the CLEC is listed in the database of the Number Portability 
Administration Center as providing the calling party or dialed number, 
the CLEC may, to the extent permitted by Sec.  51.913(b) of this 
chapter, assess a rate equal to the rate that would be charged by the 
competing ILEC for all exchange access services required to deliver 
interstate traffic to the called number.
    (g) Notwithstanding paragraphs (b) through (e) of this section:
    (1) A CLEC engaging in access stimulation, as that term is defined 
in Sec.  61.3(bbb), shall not file a tariff for its interstate exchange 
access services that prices those services above the rate prescribed in 
the access tariff of the price cap LEC with the lowest switched access 
rates in the state.
    (2) A CLEC engaging in access stimulation, as that term is defined 
in Sec.  61.3(bbb), shall file revised interstate switched access 
tariffs within forty-five (45) days of commencing access stimulation, as 
that term is defined in Sec.  61.3(bbb), or within forty-five (45) days 
of [date] if the CLEC on that date is engaged in access stimulation, as 
that term is defined in Sec.  61.3(bbb).
    (3) Notwithstanding any other provision of this part, if a CLEC is 
engaged in Access Stimulation, as defined in Sec.  61.3(bbb), it shall:
    (i) Within 45 days of commencing Access Stimulation, or within 45 
days of November 27, 2019, whichever is later, file tariff revisions 
removing from its tariff terminating switched access tandem switching 
and terminating switched access tandem transport access charges 
assessable to an Interexchange Carrier for any traffic between the 
tandem and the local exchange carrier's terminating end office or 
equivalent; and
    (ii) Within 45 days of commencing Access Stimulation, or within 45 
days of November 27, 2019, whichever is later, the CLEC shall not file a 
tariffed rate that is assessable to an Interexchange Carrier for 
terminating switched access tandem switching or terminating switched 
access tandem transport access charges for any traffic between the 
tandem and the local exchange carrier's terminating end office or 
equivalent.

[76 FR 73881, Nov. 29, 2011, as amended at 77 FR 20553, Apr. 5, 2012; 84 
FR 57652, Oct. 28, 2019]



   Subpart D_General Tariff Rules for International Dominant Carriers



Sec.  61.28  International dominant carrier tariff filing requirements.

    (a) Any carrier classified as dominant for the provision of 
particular international communications services on a particular route 
for any reason other than a foreign carrier affiliation under Sec.  
63.10 of this chapter shall file tariffs for those services pursuant to 
the notice and cost support requirements for tariff filings of dominant 
domestic carriers, as set forth in subpart E of this part.
    (b) Other than the notice and cost support requirements set forth in 
paragraph (a) of this section, all tariff filing requirements applicable 
to all carriers classified as dominant for the provision of particular 
international communications services on a particular route for any 
reason other than a foreign carrier affiliation pursuant to Sec.  63.10 
of this chapter are set forth in subpart C of this part.

[66 FR 16881, Mar. 28, 2001]



              Subpart E_General Rules for Dominant Carriers



Sec.  61.31  Scope.

    The rules in this subpart apply to all dominant carriers.

[64 FR 46588, Aug. 26, 1999]

[[Page 377]]



Sec.  61.38  Supporting information to be submitted with letters of transmittal.

    (a) Scope. This section applies to dominant carriers whose gross 
annual revenues exceed $500,000 for the most recent 12 month period of 
operations or are estimated to exceed $500,000 for a representative 12 
month period. Incumbent Local Exchange Carriers serving 50,000 or fewer 
access lines in a given study area that are described as subset 3 
carriers in Sec.  69.602 of this chapter may submit Access Tariff 
filings for that study area pursuant to either this section or Sec.  
61.39. However, the Commission may require any issuing carrier to submit 
such information as may be necessary for a review of a tariff filing. 
This section (other than the preceding sentence of this paragraph) shall 
not apply to tariff filings proposing rates for services identified in 
Sec.  61.42 (d), (e), and (g).
    (b) Explanation and data supporting either changes or new tariff 
offerings. The material to be submitted for a tariff change which 
affects rates or charges or for a tariff offering a new service, must 
include an explanation of the changed or new matter, the reasons for the 
filing, the basis of ratemaking employed, and economic information to 
support the changed or new matter.
    (1) For a tariff change the issuing carrier must submit the 
following, including complete explanations of the bases for the 
estimates.
    (i) A cost of service study for all elements for the most recent 12 
month period;
    (ii) A study containing a projection of costs for a representative 
12 month period;
    (iii) Estimates of the effect of the changed matter on the traffic 
and revenues from the service to which the changed matter applies, the 
issuing carrier's other service classifications, and the carrier's 
overall traffic and revenues. These estimates must include the projected 
effects on the traffic and revenues for the same representative 12 month 
period used in (b)(1)(ii) above.
    (2) For a tariff filing offering a new service, the issuing carrier 
must submit the following, including complete explanations of the bases 
for the estimates.
    (i) A study containing a projection of costs for a representative 12 
month period; and
    (ii) Estimates of the effect of the new matter on the traffic and 
revenues from the service to which the new matter applies, the issuing 
carrier's other service classifications, and the issuing carrier's 
overall traffic and revenues. These estimates must include the projected 
effects on the traffic and revenues for the same representative 12 month 
period used in paragraph (b)(2)(i) of this section.
    (3) [Reserved]
    (4) For a tariff that introduces a system of density pricing zones, 
as described in Sec.  69.123 of this chapter, the issuing carrier must, 
before filing its tariff, submit a density pricing zone plan including, 
inter alia, documentation sufficient to establish that the system of 
zones reasonably reflects cost-related characteristics, such as the 
density of total interstate traffic in central offices located in the 
respective zones, and receive approval of its proposed plan.
    (c) Working papers and statistical data. (1) Concurrently with the 
filing of any tariff change or tariff filing for a service not 
previously offered, the issuing carrier must file the working papers 
containing the information underlying the data supplied in response to 
paragraph (b) of this section, and a clear explanation of how the 
working papers relate to that information.
    (2) All statistical studies must be submitted and supported in the 
form prescribed in Sec.  1.363 of this chapter.
    (d) Form and content of additional material to be submitted with 
certain rate increases. In the circumstances set out in paragraphs 
(d)(1) and (2) of this section, the issuing carrier must submit all 
additional cost, marketing and other data underlying the working papers 
to justify a proposed rate increase. The issuing carrier must submit 
this information in suitable form to serve as the carrier's direct case 
in the event the rate increase is set by the Commission for 
investigation.
    (1) Rate increases affecting single services or tariffed items.

[[Page 378]]

    (i) A rate increase in any service or tariffed item which results in 
more than $1 million in additional annual revenues, calculated on the 
basis of existing quantities in service, without regard to the 
percentage increase in such revenues; or
    (ii) A single rate increase in any service or tariffed item, or 
successive rate increases in the same service or tariffed item within a 
12 month period, either of which results in:
    (A) At least a 10 percent increase in annual revenues from that 
service or tariffed item, and
    (B) At least $100,000 in additional annual revenues, both calculated 
on the basis of existing quantities in service.
    (2) Rate increases affecting more than one service or tariffed item.
    (i) A general rate increase in more than one service or tariffed 
item occurring at one time, which results in more than $1 million in 
additional revenues calculated on the basis of existing quantities in 
service, without regard to the percentage increase in such revenues; or
    (ii) A general rate increase in more than one service or tariffed 
item occurring at one time, or successive general rate increases in the 
same services or tariffed items occurring within a 12 month period, 
either of which results in:
    (A) At least a 10 percent increase in annual revenues from those 
services or tariffed items, and
    (B) At least $100,000 in additional annual revenues, both calculated 
on the basis of existing quantities in service.
    (e) Submission of explanation and data by connecting carriers. If 
the changed or new matter is being filed by the issuing carrier at the 
request of a connecting carrier, the connecting carrier must provide the 
data required by paragraphs (b) and (c) of this section on the date the 
issuing carrier files the tariff matter with the Commission.
    (f) Copies of explanation and data to customers. Concurrently with 
the filing of any rate for special construction (or special assembly 
equipment and arrangements) developed on the basis of estimated costs, 
the issuing carrier must transmit to the customer a copy of the 
explanation and data required by paragraphs (b) and (c) of this section.
    (g) On each page of cost support material submitted pursuant to this 
section, the issuing carrier shall indicate the transmittal number under 
which that page was submitted.

[76 FR 43211, July 20, 2011]



Sec.  61.39  Optional supporting information to be submitted with letters
of transmittal for Access Tariff filings by incumbent local exchange
carriers serving 50,000 or fewer access lines in a given study area that are 
          described as subset 3 carriers in Sec.  69.602.

    (a) Scope. Except as provided in paragraph (g) of this section, This 
section provides for an optional method of filing for any local exchange 
carrier that is described as a subset 3 carrier in Sec.  69.602 of this 
chapter, which elects to issue its own Access Tariff for a period 
commencing on or after April 1, 1989, and which serves 50,000 or fewer 
access lines in a study area as determined under Sec.  36.611(a)(8) of 
this chapter. However, the Commission may require any carrier to submit 
such information as may be necessary for review of a tariff filing. This 
section (other than the preceding sentence of this paragraph) shall not 
apply to tariff filings of local exchange carriers subject to price cap 
regulation.
    (b) Explanation and data supporting tariff changes. The material to 
be submitted to either a tariff change or a new tariff which affects 
rates or charges must include an explanation of the filing in the 
transmittal as required by Sec.  61.15. The basis for ratemaking must 
comply with the following requirements. Except as provided in paragraph 
(b)(5) of this section, it is not necessary to submit this supporting 
data at the time of filing. However, the incumbent local exchange 
carrier should be prepared to submit the data promptly upon reasonable 
request by the Commission or interested parties.
    (1) For a tariff change, the incumbent local exchange carrier that 
is a cost schedule carrier must propose Traffic Sensitive rates based on 
the following:
    (i) For the first period, a cost of service study for Traffic 
Sensitive elements for the most recent 12-month period

[[Page 379]]

with related demand for the same period.
    (ii) For subsequent filings, a cost of service study for Traffic 
Sensitive elements for the total period since the incumbent local 
exchange carrier's last annual filing, with related demand for the same 
period.
    (2) For a tariff change, the incumbent local exchange carrier that 
is an average schedule carrier must propose Traffic Sensitive rates 
based on the following:
    (i) For the first period, the incumbent local exchange carrier's 
most recent annual Traffic Sensitive settlement from the National 
Exchange Carrier Association pool.
    (ii) For subsequent filings, an amount calculated to reflect the 
Traffic Sensitive average schedule pool settlement the carrier would 
have received if the carrier had continued to participate, based upon 
the most recent average schedule formulas approved by the Commission.
    (3) For a tariff change, the incumbent local exchange carrier that 
is a cost schedule carrier must propose Common Line rates based on the 
following:
    (i) For the first biennial filing, the common line revenue 
requirement shall be determined by a cost of service study for the most 
recent 12-month period. Subscriber line charges shall be based on cost 
and demand data for the same period. Carrier common line rates shall be 
determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR20JY11.005

Where:
[GRAPHIC] [TIFF OMITTED] TR20JY11.006

And where:

CCL Rev Req = carrier common line revenue requirement for the most 
          recent 12-month period;
CCL MOUb = carrier common line minutes of use for the most 
          recent 12-month period;
CCL MOU1 = CCL MOUb; and
CCL MOU0 = carrier common line minutes of use for the 12-
          month period preceding the most recent 12-month period.

    (ii) For subsequent biennial filings, the common line revenue 
requirement shall be determined by a cost of service study for the most 
recent 24-month period. Subscriber line charges shall be based on cost 
and demand data for the same period. Carrier common line rates shall be 
determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR20JY11.007

Where:

[[Page 380]]

[GRAPHIC] [TIFF OMITTED] TR20JY11.008

And where:

CCL Rev Req = carrier common line revenue requirement for the most 
          recent 24-month period;
CCL MOUb = carrier common line minutes of use for the most 
          recent 24-month period;
CCL MOU1 = carrier common line minutes of use for the 12-
          month period; and
CCL MOU0 = carrier common line minutes of use for the 12-
          month period preceding the most recent 12-month period.

    (4) For a tariff change, the incumbent local exchange carrier which 
is an average schedule carrier must propose common line rates based on 
the following:
    (i) For the first biennial filings, the common line revenue 
requirement shall be determined by the incumbent local exchange 
carrier's most recent annual Common Line settlement from the National 
Exchange Carrier Association. Subscriber line charges shall be based on 
cost and demand data for the same period. Carrier common line rates 
shall be determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR20JY11.009

Where:
[GRAPHIC] [TIFF OMITTED] TR20JY11.010

And where:

CCL Rev Req = carrier common line settlement for the most recent 12-
          month period;
CCL MOUb = carrier common line minutes of use for the most 
          recent 12-month period;
CCL MOU1 = CCL MOUb; and
CCL MOU0 = carrier common line minutes of use for the 12-
          month period preceding the most recent 12-month period.

    (ii) For subsequent biennial filings, the common line revenue 
requirement shall be an amount calculated to reflect the average 
schedule pool settlements the carrier would have received if the carrier 
had continued to participate in the carrier common line pool, based upon 
the average schedule Common Line formulas developed by the National 
Exchange Carrier Association for the most recent 24-month period. 
Subscriber line charges shall be based on cost and demand data for the 
same period. Carrier common line rates shall be determined by the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR20JY11.011

Where:

[[Page 381]]

[GRAPHIC] [TIFF OMITTED] TR20JY11.012

And where:

CCL Rev Req = carrier common line settlement for the most recent 24-
          month period;
CCL MOUb = carrier common line minutes of use for the most 
          recent 24-month period;
CCL MOU1 = carrier common line minutes of use for the most 
          recent 12-month period; and
CCL MOU0 = carrier common line minutes of use for the 12-
          month period preceding the most recent 12-month period.

    (5) For End User Common Line charges included in a tariff pursuant 
to this Section, the incumbent local exchange carrier must provide 
supporting information for the two-year historical period with its 
letter of transmittal in accordance with Sec.  61.38.
    (c) Maximum allowable rate of return. Incumbent Local exchange 
carriers filing tariffs under this section are not required to comply 
with Sec. Sec.  65.700 through 65.701 of this chapter, except with 
respect to periods during which tariffs were not subject to this 
section. The Commission may require any carrier to submit such 
information if it deems it necessary to monitor the carrier's earnings. 
However, rates must be calculated based on the incumbent local exchange 
carrier's prescribed rate of return applicable to the period during 
which the rates are effective.
    (d) Rates for a new service that is the same as that offered by a 
price cap local exchange carrier providing service in an adjacent 
serving area are deemed presumptively lawful, if the proposed rates, in 
the aggregate, are no greater than the rates established by the price 
cap local exchange carrier. Tariff filings made pursuant to this 
paragraph must include the following:
    (1) A brief explanation of why the service is like an existing 
service offered by a geographically adjacent price cap local exchange 
carrier; and
    (2) Data to establish compliance with this paragraph that, in 
aggregate, the proposed rates for the new service are no greater than 
those in effect for the same or comparable service offered by that same 
geographically adjacent price cap regulated local exchange carrier. 
Compliance may be shown through submission of applicable tariff pages of 
the adjacent carrier; a showing that the serving areas are adjacent; any 
necessary explanations and work sheets.
    (e) Average schedule companies filing pursuant to this section shall 
retain their status as average schedule companies.
    (f) On each page of cost support material submitted pursuant to this 
section, the issuing carrier shall indicate the transmittal number under 
which that page was submitted.
    (g) Engagement in Access Stimulation. A local exchange carrier 
otherwise eligible to file a tariff pursuant to this section may not do 
so if it is engaging in Access Stimulation, as that term is defined in 
Sec.  61.3(bbb). A carrier so engaged must file interstate access 
tariffs in accordance with Sec.  61.38 and Sec.  69.3(e)(12) of this 
chapter.

[76 FR 43212, July 20, 2011, as amended at 76 FR 73882, Nov. 29, 2011; 
84 FR 57652, Oct. 28, 2019]



Sec.  61.40  Private line rate structure guidelines.

    (a) The Commission uses a variety of tools to determine whether a 
dominant carrier's private line tariffs are just, reasonable, and 
nondiscriminatory. The dominant carrier's burden of cost justification 
can be reduced when its private line rate structures comply with the 
following five guidelines.
    (1) Rate structures for the same or comparable services should be 
integrated;
    (2) Rate structures for the same or comparable services should be 
consistent with one another;
    (3) Rate elements should be selected to reflect market demand, 
pricing convenience for the carrier and customers, and cost 
characteristics; a rate element which appears separately in one rate 
structure should appear separately in all other rate structures;

[[Page 382]]

    (4) Rate elements should be consistently defined with respect to 
underlying service functions and should be consistently employed through 
all rate structures; and
    (5) Rate structures should be simple and easy to understand.
    (b) The guidelines do not preclude a carrier, in a given case when a 
private line tariff does not comply with these guidelines, from 
justifying its departure from the guidelines and showing that its tariff 
is just, reasonable, and nondiscriminatory.

[49 FR 40869, Oct. 18, 1984, as amended at 76 FR 43213, July 20, 2011]



Sec.  61.41  Price cap requirements generally.

    (a) Sections 61.42 through 61.49 shall apply as follows:
    (1) [Reserved]
    (2) To such price cap local exchange carriers as specified by 
Commission order, and to all local exchange carriers, other than average 
schedule companies, that are affiliated with such carriers; and
    (3) On an elective basis, to local exchange carriers, other than 
those specified in paragraph (a)(2) of this section, that are neither 
participants in any Association tariff, nor affiliated with any such 
participants, except that affiliation with average schedule companies 
shall not bar a carrier from electing price cap regulation provided the 
carrier is otherwise eligible.
    (b) If a telephone company, or any one of a group of affiliated 
telephone companies, files a price cap tariff in one study area, that 
telephone company and its affiliates, except its average schedule 
affiliates, must file price cap tariffs in all their study areas.
    (c) Except as provided in paragraph (e) of this section, the 
following rules in this paragraph (c) apply to telephone companies 
subject to price cap regulation, as that term is defined in Sec.  
61.3(ee), which are involved in mergers, acquisitions, or similar 
transactions.
    (1) Any telephone company subject to price cap regulation that is a 
party to a merger, acquisition, or similar transaction shall continue to 
be subject to price cap regulation notwithstanding such transaction.
    (2) Where a telephone company subject to price cap regulation 
acquires, is acquired by, merges with, or otherwise becomes affiliated 
with a telephone company that is not subject to price cap regulation, 
the latter telephone company shall become subject to price cap 
regulation no later than one year following the effective date of such 
merger, acquisition, or similar transaction and shall accordingly file 
price cap tariffs to be effective no later than that date in accordance 
with the applicable provisions of this part 61.
    (3) Notwithstanding the provisions of Sec.  61.41(c)(2), when a 
telephone company subject to price cap regulation acquires, is acquired 
by, merges with, or otherwise becomes affiliated with a telephone 
company that qualifies as an ``average schedule'' company, the latter 
company may retain its ``average schedule'' status or become subject to 
price cap regulation in accordance with Sec.  69.3(i)(3) of this chapter 
and the requirements referenced in that section.
    (d) Except as provided in paragraph (e) of this section, local 
exchange carriers that become subject to price cap regulation as that 
term is defined in Sec.  61.3(ff) shall not be eligible to withdraw from 
such regulation.
    (e) Notwithstanding the requirements of paragraphs (c) and (d) of 
this section, a telephone company subject to rate-of-return regulation 
may return lines acquired from a telephone company subject to price cap 
regulation to rate-of-return regulation, provided that the acquired 
lines will not be subject to average schedule settlements, and provided 
further that the telephone company subject to rate-of-return regulation 
may not for five years elect price cap regulation for itself, or by any 
means cause the acquired lines to become subject to price cap 
regulation.
    (f) Notwithstanding the requirements of paragraphs (c) and (d) of 
this section, a telephone company subject to rate-of-return regulation 
that is affiliated with a price cap local exchange

[[Page 383]]

carrier may provide business data services pursuant to Sec.  61.50 
without converting other services to price cap regulation.

[55 FR 42382, Oct. 19, 1990; 55 FR 50558, Dec. 7, 1990, as amended at 56 
FR 55239, Oct. 25, 1991; 64 FR 46589, Aug. 26, 1999; 65 FR 38695, June 
21, 2000; 65 FR 57741, Sept. 26, 2000; 69 FR 25336, May 6, 2004; 76 FR 
43213, July 20, 2011; 83 FR 67122, Dec. 28, 2018]



Sec.  61.42  Price cap baskets and service categories.

    (a)-(c) [Reserved]
    (d) Each price cap local exchange carrier shall establish baskets of 
services as follows:
    (1) A basket for the common line, marketing, and certain residual 
interconnection charge interstate access elements as described in 
Sec. Sec.  69.115, 69.152, 69.153, 69.154, 69.155, 69.156, and 69.157 of 
this chapter. For purposes of Sec. Sec.  61.41 through 61.49, this 
basket shall be referred to as the ``CMT basket.''
    (2) A basket for traffic sensitive switched interstate access 
elements. For purposes of Sec. Sec.  61.41 through 61.49 of this 
chapter, this basket shall be referred to as the ``traffic-sensitive 
basket.''
    (3) A basket for trunking services as described in Sec. Sec.  
69.110, 69.111, 69.112, 69.125(b), 69.129, and 69.155 of this chapter. 
For purposes of Sec. Sec.  61.41 through 61.49, this basket shall be 
referred to as the ``trunking basket.''
    (4)(i) To the extent that a price cap local exchange carrier 
specified in Sec.  61.41(a)(2) or (a)(3) offers interstate interexchange 
services that are not classified as access services for the purpose of 
part 69 of this chapter, such exchange carrier shall establish a fourth 
basket for such services. For purposes of Sec. Sec.  61.41 through 
61.49, this basket shall be referred to as the ``interexchange basket.''
    (ii) If a price cap local exchange carrier has implemented interLATA 
and intraLATA toll dialing parity everywhere it provides local exchange 
services at the holding company level, that price cap carrier may file a 
tariff revision to remove corridor and interstate intraLATA toll 
services from its interexchange basket.
    (5) A basket for special access services as described in Sec.  
69.114 of this chapter.
    (e)(1) The traffic sensitive switched interstate access basket shall 
contain such services as the Commission shall permit or require, 
including the following service categories:
    (i) Local switching as described in Sec.  69.106(f) of this chapter;
    (ii) Information, as described in Sec.  69.109 of this chapter;
    (iii) Data base access services;
    (iv) Billing name and address, as described in Sec.  69.128 of this 
chapter;
    (v) Local switching trunk ports, as described in Sec.  69.106(f)(1) 
of this chapter; and
    (vi) Signalling transfer point port termination, as described in 
Sec.  69.125(c) of this chapter.
    (2) The trunking basket shall contain such switched transport as the 
Commission shall permit or require, including the following service 
categories and subcategories:
    (i) Voice grade entrance facilities, voice grade direct-trunked 
transport, voice grade dedicated signalling transport,
    (ii) High capacity flat-rated transport, including the following 
service subcategories:
    (A) DS1 entrance facilities, DS1 direct-trunked transport, DS1 
dedicated signalling transport, and
    (B) DS3 entrance facilities, DS3 direct-trunked transport, DS3 
dedicated signalling transport.
    (iii) Tandem-switched transport, as described in Sec.  69.111 of 
this chapter; and
    (iv) Signalling for tandem switching, as described in Sec.  69.129 
of this chapter.
    (3) The special access basket shall contain special access services 
as the Commission shall permit or require, including the following 
service categories and subcategories:
    (i) Voice grade special access, WATS special access, metallic 
special access, and telegraph special access services;
    (ii) Audio and video services;
    (iii) High capacity special access, and DDS services, including the 
following service subcategories:
    (A) DS1 special access services; and
    (B) DS3 special access services;
    (iv) Wideband data and wideband analog services.

[[Page 384]]

    (f) Each price cap local exchange carrier shall exclude from its 
price cap baskets such services or portions of such services as the 
Commission has designated or may hereafter designate by order.
    (g) New services, other than those within the scope of paragraph (f) 
of this section, must be included in the affected basket at the first 
annual price cap tariff filing following completion of the base period 
in which they are introduced. To the extent that such new services are 
permitted or required to be included in new or existing service 
categories within the assigned basket, they shall be so included at the 
first annual price cap tariff filing following completion of the base 
period in which they are introduced.

[54 FR 19842, May 8, 1989]

    Editorial Note: For Federal Register citations affecting Sec.  
61.42, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec.  61.43  Annual price cap filings required.

    Price cap local exchange carriers shall submit annual price cap 
tariff filings that propose rates for the upcoming tariff year, that 
make appropriate adjustments to their PCI, API, and SBI values pursuant 
to Sec. Sec.  61.45 through 61.47, and that incorporate new services 
into the PCI, API, or SBI calculations pursuant to Sec. Sec.  61.45(g), 
61.46(b), and 61.47(b) and (c). Price cap local exchange carriers may 
propose rate, PCI, or other tariff changes more often than annually, 
consistent with the requirements of Sec.  61.59.

[76 FR 43214, July 20, 2011]



Sec.  61.44  [Reserved]



Sec.  61.45  Adjustments to the PCI for Local Exchange Carriers.

    (a) Price cap local exchange carriers shall file adjustments to the 
PCI for each basket as part of the annual price cap tariff filing, and 
shall maintain updated PCIs to reflect the effect of mid-year exogenous 
cost changes.
    (b)(1)(i) Adjustments to price cap local exchange carrier PCIs, in 
those carriers' annual access tariff filings, the traffic sensitive 
basket described in Sec.  61.42(d)(2), the trunking basket described in 
Sec.  61.42(d)(3), the special access basket described in Sec.  
61.42(d)(5) and the Interexchange Basket described in Sec.  
61.42(d)(4)(i), shall be made pursuant to the following formula:

``PCIt = PCIt - 1[1 + w[GDP-PI - X] + Z / R].''

PCIt - 1 = PCIt -1[1 + w[GDP-PI - X] + Z / R]

    Where the terms in the equation are described:

GDP-PI = For annual filings only, the percentage change in the GDP-PI 
          between the quarter ending six months prior to the effective 
          date of the new annual tariff and the corresponding quarter of 
          the previous year. For all other filings, the value is zero.
X = For the CMT, traffic sensitive, and trunking baskets, for annual 
          filings only, the factor is set at the level prescribed in 
          paragraphs (b)(1)(ii) and (iii) of this section. For the 
          interexchange basket, for annual filings only, the factor is 
          set at the level prescribed in paragraph (b)(1)(v) of this 
          section. For the special access basket, for annual filings 
          only, the factor is set at the level prescribed in paragraph 
          (b)(1)(iv) of this section. For all other filings, the value 
          is zero.
g = For annual filings for the CMT basket only, the ratio of minutes of 
          use per access line during the base period, to minutes of use 
          per access line during the previous base period, all minus 1.
Z = The dollar effect of current regulatory changes when compared to the 
          regulations in effect at the time the PCI was updated to 
          PCIt-1, measured at base period level of 
          operations.
Targeted Reduction = the actual possible dollar value of the (GDP-PI - 
          X) reductions that will be targeted to the ATS Charge pursuant 
          to Sec.  61.45(i)(3). The reductions calculated by applying 
          the (GDP-PI - X) portion of the formula to the CCL element 
          within the CMT basket will contain the ``g'' component, as 
          defined above.
R = Base period quantities for each rate element ``I'', multiplied by 
          the price for each rate element ``I'' at the time the PCI was 
          updated to PCIt - 1.
w = R + Z, all divided by R (used for the traffic sensitive, trunking, 
          and special access baskets).
wix = R--(access rate in effect at the time the PCI was 
          updated to PCIt - 1 * base period demand) + Z, all 
          divided by R.
PCIt = The new PCI value.
PCIt -1 = the immediately preceding PCI value.


[[Page 385]]


    (ii) The X value applicable to the baskets specified in Sec. Sec.  
61.42(d)(1), (d)(2), and (d)(3), shall be 6.5%, to the extent necessary 
to reduce a tariff entity's ATS charge to its Target Rate as set forth 
in Sec.  61.3(qq). Once any price cap local exchange carrier tariff 
entity's ATS Charge is equal to the Target Rate as set forth in Sec.  
61.3(qq) for the first time (the former NYNEX telephone companies may be 
treated as a separate tariff entity), then, except as provided in 
paragraph (b)(1)(iii) of this section, X is equal to GDP-PI and no 
further reductions will be mandated (i.e., if applying the full X-factor 
reduction for a given year would reduce the ATS charge below the Target 
Rate as set forth in Sec.  61.3 (qq), the amount of X-factor reduction 
applied that year will be the amount necessary to reach the Target Rate 
as set forth in Sec.  61.3 (qq)). A filing entity does not reach the 
Target Rate as set forth in Sec.  61.3(qq) in any year in which it 
exercises an exogenous adjustment pursuant to Sec.  61.45(d)(vii). For 
companies with separate tariff entities under a single price cap, the 
following rules shall apply:
    (A) Targeting amounts as defined in Sec.  61.45(i)(1)(i) shall be 
identified separately, using the revenue for each of the tariff entities 
under the cap.
    (B) Each tariff entity shall only be required to use the amount of 
targeting necessary to get to the Target Rate as set forth in Sec.  61.3 
(qq).
    (iii)(A) Except as provided in paragraph (b)(1)(iii)(B) of this 
section, once the Tariff Entity's Target Rate as set forth in Sec.  61.3 
(qq) is achieved, the X-factor for the CMT basket will equal GDP-PI as 
long as GDP-PI is less than or equal to 6.5% and greater than 0%. If 
GDP-PI is greater than 6.5%, and an entity has eliminated its CCL and 
multi-line business PICCs charges, the X-factor for the CMT basket will 
equal 6.5%, and all End User Common Line charges, rates and nominal 
caps, will be increased by the difference between GDP-PI and the 6.5% X-
factor. If GDP-PI is less than 0, the X-factor for the CMT basket will 
be 0.
    (B) For tariff filing entities with a Target Rate of $0.0095, or for 
the portion of a filing entity consolidated pursuant to Sec.  61.48(o) 
that, prior to such consolidation, had a Target Rate of $0.0095, in 
which the ATS charge has achieved the Target Rate but in which the 
carrier common line (CCL) charge has not been eliminated, the X-factor 
for the CMT basket will be 6.5% until the earlier of June 30, 2004, or 
until CCL charges are eliminated pursuant to paragraph (i)(4) of this 
section. Thereafter, in any filing entity in which a CCL charge remains 
after July 1, 2004, the X-factor for the CMT basket will be determined 
pursuant to paragraph (b)(1)(iii)(A) of this section as if CCL charges 
were eliminated.
    (iv) For the special access basket specified in Sec.  61.42(d)(5), 
the value of X shall be 2.0% beginning December 1, 2017, notwithstanding 
any language in Sec.  61.45(b)(1)(i).
    (v) For the interexchange basket specified in Sec.  61.42(d)(4), the 
value of X shall be 3.0% for all annual filings.
    (2) Adjustments to price cap local exchange carrier PCIs and average 
price cap CMT revenue per line, in tariff filings other than the annual 
access tariff filing, for the CMT basket described in Sec.  61.42(d)(1), 
the traffic sensitive basket described in Sec.  61.42(d)(2), the 
trunking basket described in Sec.  61.42(d)(3), the interexchange basket 
described in Sec.  61.42(d)(4), and the special access basket described 
in Sec.  61.42(d)(5), shall be made pursuant to the formulas set forth 
in paragraph (b)(1)(i) of this section, except that the ``w(GDP-PI - 
X)'' component of those PCI formulas shall not be employed.
    (c) Effective July 1, 2000, the prices of the CMT basket rate 
elements, excluding special access surcharges under Sec.  69.115 of this 
chapter and line ports in excess of basic under Sec.  69.157 of this 
chapter, shall be set based upon Average Price Cap CMT Revenue per Line 
month.
    (d) The exogenous cost changes represented by the term ``Z'' in the 
formula detailed in paragraph (b)(1)(i) of this section shall be limited 
to those cost changes that the Commission shall permit or require by 
rule, rule waiver, or declaratory ruling.
    (1) Subject to further order of the Commission, those exogenous 
changes shall include cost changes caused by:
    (i) The completion of the amortization of depreciation reserve 
deficiencies;

[[Page 386]]

    (ii) Such changes in the Uniform System of Accounts, including 
changes in the Uniform System of Accounts requirements made pursuant to 
Sec.  32.16 of this chapter, as the Commission shall permit or require 
be treated as exogenous by rule, rule waiver, or declaratory ruling;
    (iii) Changes in the Separations Manual;
    (iv) [Reserved]
    (v) The reallocation of investment from regulated to nonregulated 
activities pursuant to Sec.  64.901 of this chapter;
    (vi) Such tax law changes and other extraordinary cost changes as 
the Commission shall permit or require be treated as exogenous by rule, 
rule waiver, or declaratory ruling;
    (vii) Retargeting the PCI to the level specified by the Commission 
for carriers whose base year earnings are below the level of the lower 
adjustment mark, subject to the limitation in Sec.  69.731 of this 
chapter. The allocation of LFAM amounts will be allocated pursuant to 
Sec.  61.45(d)(3). This section shall not be applicable to tariff 
filings during the tariff year beginning July 1, 2000, but is applicable 
in subsequent years;
    (viii) Inside wire amortizations;
    (ix) The completion of amortization of equal access expenses.
    (2) Price cap local exchange carriers specified in Sec. Sec.  
61.41(a)(2) or (a)(3) shall, in their annual access tariff filing, 
recognize all exogenous cost changes attributable to modifications 
during the coming tariff year in their Subscriber Plant Factor and the 
Dial Equipment Minutes factor, and completions of inside wire 
amortizations and reserve deficiency amortizations.
    (3) Exogenous cost changes shall be apportioned on a cost-causative 
basis between price cap services as a group, and excluded services as a 
group. Total exogenous cost changes thus attributed to price cap 
services shall be recovered from services other than those used to 
calculate the ATS charge.
    (e) [Reserved]
    (f) The exogenous costs caused by new services subject to price cap 
regulation must be included in the appropriate PCI calculations under 
paragraphs (b) and (c) of this section beginning at the first annual 
price cap tariff filing following completion of the base period in which 
such services are introduced.
    (g) In the event that a price cap tariff becomes effective, which 
tariff results in an API value (calculated pursuant to Sec.  61.46) that 
exceeds the currently applicable PCI value, the PCI value shall be 
adjusted upward to equal the API value.
    (h) [Reserved]
    (i)(1)(i) Price cap local exchange carriers that are recovering 
revenues through rates pursuant to Sec. Sec.  69.106, 69.108, 69.109, 
69.110, 69.111, 69.112, 69.113, 69.118, 69.123, 69.124, 69.125, 69.129, 
or Sec.  69.155 of this chapter shall target, to the extent necessary to 
reduce the ATS Charge to the Target Rate as set forth in Sec.  61.3 (qq) 
for the first time, any PCI reductions associated with the dollar impact 
of application of the (GDP-PI - X) portion of the formula in Sec.  
61.45(b)(1)(i) to the traffic sensitive and trunking baskets. In order 
to calculate the actual dollars to transfer to the trunking and traffic 
sensitive baskets, carriers will first determine the ``Targeted Revenue 
Differential'' that will be transferred to the trunking and traffic 
sensitive baskets to reduce the ATS Charge to the Target Rate as set 
forth in Sec.  61.3(qq). The Targeted Revenue Differential shall be 
applied only to the trunking and traffic sensitive baskets to the extent 
necessary to reduce the ATS charge to the Target Rate as set forth in 
Sec.  61.3 (qq), and shall not be applied to reduce the PCIs in any 
other basket or to reduce Average Price Cap CMT Revenue per Line month, 
except as provided in Sec.  61.45(i)(4).
    (ii) For the purposes of Sec.  61.45(i)(1)(i), Targeted Revenue 
Differential will be determined by adding together the following 
amounts:
    (A) R * (GDP-PI - X) for the traffic sensitive basket, trunking 
basket, and the CMT basket excluding CCL revenues; and
    (B) CCL Revenues * [(GDP-PI - X - (g / 2)] / [1 + (g / 2)]
    Where ``g'' is defined in Sec.  61.45(b)(1)(i).
    (2) Until a tariff entity's ATS Charge equals the Target Rate as set 
forth in Sec.  61.3 (qq) for the first time, the Targeted Revenue 
Differential will be targeted to reduce the following rates for

[[Page 387]]

that tariff filing entity, in order of priority:
    (i) To the residual per minute Transport Interconnection Charge, 
until that rate is $0.00; then
    (ii) To the Information Surcharge, until that rate is $0.00; then
    (iii) To the other Local Switching charges and Switched Transport 
charges until the tariff entity's ATS Rate equals the Target Rate as set 
forth in Sec.  61.3(qq) for the first time. In making these reductions, 
the reductions to Local Switching rates as a percentage of total X-
factor reductions must be greater than or equal to the percentage 
proportion of Local Switching revenues to the total sum of revenues for 
Local Switching, Local Switching Trunk Ports, Signalling Transfer Point 
Port Termination, Switched Direct Trunked Transport, Signalling for 
Switched Direct Trunked Transport, Entrance Facilities for switched 
access traffic, Tandem Switched Transport, and Signalling for Tandem 
Switching (i.e., Local Switching gets at least its proportionate share 
of reductions).
    (3) After a price cap local exchange carrier reaches the Target Rate 
as set forth in Sec.  61.3(qq), the ATS Rate will be recalculated each 
subsequent Annual Filing. This process will identify the new ATS Charge 
for the new base period level. Due to change in base period demand and 
inclusion of new services for that annual filing, the absolute level of 
a tariff entity's ATS Charge may change. The resulting new ATS Charge 
level will be what that tariff entity will be measured against during 
that base period. For example, if a company whose target is $0.0055 
reached the Target Rate during the 2000 annual filing, that level may 
change to $0.0058 in the 2001 annual filing due to change in demand and 
inclusion of new services. Therefore, it will be the $0.0058 average 
rate that the tariff entity will be measured against for all non-annual 
filings. Likewise, if that same company was at the Target Rate during 
the 2000 filing, that level may change to $0.0053 average rate in the 
2001 annual filing due to change in demand and inclusion of new 
services. In that case, it will be at the $0.0053 average rate that the 
tariff entity will be measured.
    (4) A company electing a $0.0095 Target Rate will, in the tariff 
year it reaches the Target Rate, apply any Targeted Revenue Differential 
remaining after reaching the Target Rate to reduce Average Price Cap CMT 
Revenue per Line month until the CCL charge is eliminated. In subsequent 
years, until the earlier of June 30, 2004 or when the CCL charge is 
eliminated, tariff filing entities with a Target Rate of $0.0095, or the 
portion of a filing entity consolidated pursuant to Sec.  61.48(o) that, 
prior to such consolidation, had a Target Rate of $0.0095, will reduce 
Average Price Cap CMT Revenue per Line month according to the following 
method:
    (i) Filing entity calculates the maximum allowable carrier common 
line revenue, as defined in Sec.  61.46(d)(1), that would be permitted 
in the absence of further adjustment pursuant to this paragraph;
    (ii) Filing entity identifies maximum amount of dollars available to 
reduce Average Price Cap CMT Revenue per Line month by the following:

(CMT revenue in a $0.0095 Area -CCL revenue in a $0.0095 Area) * (GDP-PI 
-X) + (CCL Revenue in a $0.0095 Area) * [(GDP-PI - X) - (g / 2)] / [1 + 
(g / 2)]

    (iii) The Average Price Cap CMT Revenue per Line month shall then be 
reduced by the lesser of the amount described in paragraph (i)(4)(i) of 
this section and the amount described in paragraph (i)(4)(ii) of this 
section, divided by base period Switched Access End User Common Line 
Charge lines.

[65 FR 38696, June 21, 2000; 65 FR 57741, Sept. 26, 2000; 76 FR 43214, 
July 20, 2011; 82 FR 25711, June 2, 2017]



Sec.  61.46  Adjustments to the API.

    (a) Except as provided in paragraphs (d) and (e) of this section, in 
connection with any price cap tariff filing proposing rate changes, the 
price cap local exchange carrier must calculate an API for each affected 
basket pursuant to the following methodology:

APIt = APIt-1[[Sigma]i vi 
(Pt/Pt-1)i]

Where:


[[Page 388]]


APIt = the proposed API value,
APIt-1 = the existing API value,
Pt = the proposed price for rate element ``i,''
Pt-1 = the existing price for rate element ``i,'' and
vi = the current estimated revenue weight for rate element 
          ``i,'' calculated as the ratio of the base period demand for 
          the rate element ``i'' priced at the existing rate, to the 
          base period demand for the entire basket of services priced at 
          existing rates.

    (b) New services subject to price cap regulation must be included in 
the appropriate API calculations under paragraph (a) of this section 
beginning at the first annual price cap tariff filing following 
completion of the base period in which they are introduced. This index 
adjustment requires that the demand for the new service during the base 
period must be included in determining the weights used in calculating 
the API.
    (c) Any price cap tariff filing proposing rate restructuring shall 
require an adjustment to the API pursuant to the general methodology 
described in paragraph (a) of this section. This adjustment requires the 
conversion of existing rates into rates of equivalent value under the 
proposed structure, and then the comparison of the existing rates that 
have been converted to reflect restructuring to the proposed 
restructured rates. This calculation may require use of carrier data and 
estimation techniques to assign customers of the preexisting service to 
those services (including the new restructured service) that will remain 
or become available after restructuring.
    (d) The maximum allowable carrier common line (CCL) revenue shall be 
computed pursuant to the following methodology:

CCL = CMT-EUCL-Interstate Access Universal Service Support Mechanism Per 
Line-PICC

Where:

CMT = Price Cap CMT Revenue as defined in Sec.  61.3(cc).
EUCL = Maximum allowable EUCL rates established pursuant to Sec.  69.152 
          of this chapter multiplied by base period lines.
Interstate Access Universal Service Support Per Line = the amount as 
          determined by the Administrator pursuant to Sec.  54.807 of 
          this chapter times the number of base period lines for each 
          customer class and zone receiving Interstate Access Universal 
          Service support pursuant to part 54, subpart J.
PICC = Maximum allowable PICC rates established pursuant to Sec.  69.153 
          of this chapter multiplied by base period lines.

    (e) In no case shall a price cap local exchange carrier include data 
associated with services offered pursuant to contract tariff in the 
calculations required by this section.

[65 FR 38698, June 21, 2000; 65 FR 57741, 57742, Sept. 26, 2000; 76 FR 
43214, July 20, 2011]



Sec.  61.47  Adjustments to the SBI; pricing bands.

    (a) In connection with any price cap tariff filing proposing changes 
in the rates of services in service categories, subcategories, or 
density zones, the carrier must calculate an SBI value for each affected 
service category, subcategory, or density zone pursuant to the following 
methodology:

SBIt = SBIt-1[[Sigma]i 
vi(Pt/Pt-1)i]

where

SBIt = the proposed SBI value,
SBIt-1 = the existing SBI value,
Pt = the proposed price for rate element ``i,''
Pt-1 = the existing price for rate element ``i,'' and
vi = the current estimated revenue weight for rate element 
          ``i,'' calculated as the ratio of the base period demand for 
          the rate element ``i'' priced at the existing rate, to the 
          base period demand for the entire group of rate elements 
          comprising the service category priced at existing rates.

    (b) New services that are added to existing service categories or 
subcategories must be included in the appropriate SBI calculations under 
paragraph (a) of this section beginning at the first annual price cap 
tariff filing following completion of the base period in which they are 
introduced. This index adjustment requires that the demand for the new 
service during the base period must be included in determining the 
weights used in calculating the SBI.
    (c) In the event that the introduction of a new service requires the 
creation of a new service category or subcategory, a new SBI must be 
established for that service category or subcategory beginning at the 
first annual price cap tariff filing following completion of the base 
period in which the

[[Page 389]]

new service is introduced. The new SBI should be initialized at a value 
of 100, corresponding to the service category or subcategory rates in 
effect the last day of the base period, and thereafter should be 
adjusted as provided in paragraph (a) of this section.
    (d) Any price cap tariff filing proposing rate restructuring shall 
require an adjustment to the affected SBI pursuant to the general 
methodology described in paragraph (a) of this section. This adjustment 
requires the conversion of existing rates in the rate element group into 
rates of equivalent value under the proposed structure, and then the 
comparison of the existing rates that have been converted to reflect 
restructuring to the proposed restructured rates. This calculation may 
require use of carrier data and estimation techniques to assign 
customers of the preexisting service to those services (including the 
new restructured service) that will remain or become available after 
restructuring.
    (e) Pricing bands shall be established each tariff year for each 
service category and subcategory within a basket. Each band shall limit 
the pricing flexibility of the service category, subcategory, as 
reflected in the SBI, to an annual increase of a specified percent 
listed in this paragraph, relative to the percentage change in the PCI 
for that basket, measured from the levels in effect on the last day of 
the preceding tariff year. For local exchanage carriers subject to price 
cap regulation as that term is defined in Sec.  61.3(ee), there shall be 
no lower pricing band for any service category or subcategory.
    (1) Five percent:
    (i) Local Switching (traffic sensitive basket)
    (ii) Information (traffic sensitive basket)
    (iii) Database Access Services (traffic sensitive basket)
    (iv) 800 Database Vertical Services subservice (traffic sensitive 
basket)
    (v) Billing Name and Address (traffic sensitive basket)
    (vi) Local Switching Trunk Ports (traffic sensitive basket)
    (vii) Signalling Transfer Point Port Termination (traffic sensitive 
basket)
    (viii) Voice Grade (trunking and special access baskets)
    (ix) Audio/Video (special access basket)
    (x) Total High Capacity (trunking and special access baskets)
    (xi) DS1 Subservice (trunking and special access baskets)
    (xii) DS3 Subservice (trunking and special access baskets)
    (xiii) Wideband (special access basket)
    (2) Two percent:
    (i) Tandem-Switched Transport (trunking basket)
    (ii) Signalling for Tandem Switching (trunking basket)
    (f) A price cap local exchange carrier may establish density zones 
pursuant to the requirements set forth in Sec.  69.123 of this chapter, 
for any service in the trunking and special access baskets, other than 
the interconnection charge set forth in Sec.  69.124 of this chapter. 
The pricing flexibility of each zone shall be limited to an annual 
increase of 15 percent, relative to the percentage change in the PCI for 
that basket, measured from the levels in effect on the last day of the 
preceding tariff year. There shall be no lower pricing band for any 
density zone.
    (g)-(i)(l) [Reserved]
    (2) Effective January 1, 1998, notwithstanding the requirements of 
paragraph (a) of this section, if a price cap local exchange carrier is 
recovering interconnection charge revenues through per-minute rates 
pursuant to Sec.  69.155 of this chapter, any reductions to the PCI for 
the basket designated in Sec.  61.42(d)(3) resulting from the 
application of the provisions of Sec.  61.45(b)(1)(i) and from the 
application of the provisions of Sec. Sec.  61.45(i)(1) and 61.45(i)(2) 
shall be directed to the SBI of the service category designated in Sec.  
61.42(d)(i).
    (3) [Reserved]
    (4) Effective January 1, 1998, the SBI reduction required by 
paragraph (i)(2) of this section shall be determined by dividing the sum 
of the dollar amount of any PCI reduction required by Sec. Sec.  
61.45(i)(1) and 61.45(i)(2), by the dollar amount associated with the 
SBI for the service category designated in Sec.  61.42(e)(2)(vi), and 
multiplying the SBI for the service category designated in Sec.  
61.42(e)(2)(vi) by one minus the resulting ratio.

[[Page 390]]

    (5) Effective July 1, 2000, notwithstanding the requirements of 
paragraph (a) of this section and subject to the limitations of Sec.  
61.45(i), if a price cap local exchange carrier is recovering an ATS 
charge greater than its Target Rate as set forth in Sec.  61.3(qq), any 
reductions to the PCI for the traffic sensitive or trunking baskets 
designated in Sec. Sec.  61.42(d)(2) and 61.42(d)(3) resulting from the 
application of the provisions of Sec.  61.45(b), and the formula in 
Sec.  61.45(b) and from the application of the provisions of Sec. Sec.  
61.45(i)(1), and 61.45(i)(2) shall be directed to the SBIs of the 
service categories designated in Sec. Sec.  61.42(e)(1) and 61.42(e)(2).
    (j) [Reserved]
    (k) In no case shall a price cap local exchange carrier include data 
associated with services offered pursuant to contract tariff in the 
calculations required by this section.

[54 FR 19843, May 8, 1989]

    Editorial Note: For Federal Register citations affecting Sec.  
61.47, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec.  61.48  Transition rules for price cap formula calculations.

    (a)-(h) [Reserved]
    (i) Transport and Special Access Density Pricing Zone Transition 
Rules--(1) Definitions. The following definitions apply for purposes of 
paragraph (i) of this section:
    Earlier date is the earlier of the special access zone date and the 
transport zone date.
    Earlier service is special access if the special access zone date 
precedes the transport zone date, and is transport if the transport zone 
date precedes the special access zone date.
    Later date is the later of the special access zone date and the 
transport zone date.
    Later service is transport if the special access zone date precedes 
the transport zone date, and is special access if the transport zone 
date precedes the special access zone date.
    Revenue weight of a given group of services included in a zone 
category is the ratio of base period demand for the given service rate 
elements included in the category priced at existing rates, to the base 
period demand for the entire group of rate elements comprising the 
category priced at existing rates.
    Special access zone date is the date on which a local exchange 
carrier tariff establishing divergent special access rates in different 
zones, as described in Sec.  69.123(c) of this chapter, becomes 
effective.
    Transport zone date is the date on which a local exchange carrier 
tariff establishing divergent switched transport rates in different 
zones, as described in Sec.  69.123(d) of this chapter, becomes 
effective.
    (2) Simultaneous Introduction of Special Access and Transport Zones. 
Price cap local exchange carriers that have established density pricing 
zones pursuant to Sec.  69.123 of this chapter, and whose special access 
zone date and transport zone date occur on the same date, shall 
initially establish density pricing zone SBIs and bands pursuant to the 
methodology in Sec. Sec.  61.47(e) through (f).
    (3) Sequential Introduction of Zones in the Same Tariff Year. 
Notwithstanding Sec. Sec.  61.47(e) through (f), price cap local 
exchange carriers that have established density pricing zones pursuant 
to Sec.  69.123 of this chapter, and whose special access zone date and 
transport zone date occur on different dates during the same tariff 
year, shall, on the earlier date, establish density pricing zone SBIs 
and pricing bands using the methodology described in Sec. Sec.  61.47(e) 
through (f), but applicable to the earlier service only. On the later 
date, such carriers shall recalculate the SBIs and pricing bands to 
limit the pricing flexibility of the services included in each density 
pricing zone category, as reflected in its SBI, as follows:
    (i) The upper pricing band shall be a weighted average of the 
following:
    (A) The upper pricing band that applied to the earlier services 
included in the zone category on the day preceding the later date, 
weighted by the revenue weight of the earlier services included in the 
zone category; and
    (B) 1.05 times the SBI value for the services included in the zone 
category on the day preceding the later date, weighted by the revenue 
weight of the later services included in the zone category.

[[Page 391]]

    (ii) [Reserved]
    (iii) On the later date, the SBI value for the zone category shall 
be equal to the SBI value for the category on the day preceding the 
later date.
    (4) Introduction of Zones in Different Tariff Years. Notwithstanding 
Sec. Sec.  61.47(e) through (f), those price cap local exchange carriers 
that have established density pricing zones pursuant to Sec.  69.123 of 
this chapter, and whose special access zone date and transport zone date 
do not occur within the same tariff year, shall, on the earlier date, 
establish density pricing zone SBIs and pricing bands using the 
methodology described in Sec. Sec.  61.47(e) through (f), but applicable 
to the earlier service only.
    (j)-(k) [Reserved]
    (l) Average Traffic Sensitive Revenues. (1) In the July 1, 2000 
annual filing, price cap local exchange carriers will make an additional 
reduction to rates comprising ATS charge, and to associated SBI upper 
limits and PCIs. This reduction will be calculated to be the amount that 
would be necessary to achieve a total $2.1 billion reduction in carrier 
common line and ATS rates by all price cap local exchange carriers, 
compared with those rates as they existed on June 30, 2000 using 2000 
annual filing base period demand.
    (i) The net change in revenue associated with Carrier Common Line 
Rate elements resulting from:
    (A) The removal from access of price cap local exchange carrier 
contributions to the Federal universal service mechanisms;
    (B) Price cap local exchange carrier receipts of interstate access 
universal service support pursuant to subpart J of part 54;
    (C) Changes in End User Common Line Charges and PICC rates;
    (D) Changes in Carrier Common Line charges due to GDP-PI - X 
targeting for $0.0095 filing entities.
    (ii) Reductions in Average Traffic Sensitive charges resulting from:
    (A) Targeting of the application of the (GDP-PI - X) portion of the 
formula in Sec.  61.45(b), and any applicable ``g'' adjustments;
    (B) The removal from access of price cap local exchange carrier 
contributions to the Federal universal service mechanisms;
    (C) Additional ATS charge reductions defined in paragraph (2) of 
this section.
    (2) Once the reductions in paragraph (l)(1)(i) and paragraphs 
(l)(1)(ii)(A) and (l)(1)(ii)(B) of this section are identified, the 
difference between those reductions and $2.1 billion is the total amount 
of additional reductions that would be made to ATS rates of price cap 
local exchange carriers. This amount will then be restated as the 
percentage of total price cap local exchange carrier Local Switching 
revenues as of June 30, 2000 using 2000 annual filing base period demand 
(``June 30 Local Switching revenues'') necessary to yield the total 
amount of additional reductions and taking into account the fact that, 
if participating, a price cap local exchange carrier would not reduce 
ATS rates below its Target Rate as set forth in Sec.  61.3(qq).Each 
price cap local exchange carrier then reduces ATS rate elements, and 
associated SBI upper limits and PCIs, by a dollar amount equivalent to 
the percentage times the June 30 Local Switching revenues for that 
filing entity, provided that no price cap local exchange carrier shall 
be required to reduce its ATS rates below its Target Rate as set forth 
in Sec.  61.3(qq). Each price cap local exchange carrier can take its 
additional reductions against any of the ATS rate elements, provided 
that at least a proportional share must be taken against Local Switching 
rates.
    (m) Pooled Local Switching Revenues. (1) Price cap local exchange 
carriers are permitted to pool local switching revenues in their CMT 
basket under one of the following conditions.
    (i) Any price cap local exchange carrier that would otherwise have 
July 1, 2000 price cap reductions as a percentage of Base Period Price 
Cap Revenues at the holding company level greater than the industry wide 
total July 1, 2000 price cap revenue reduction as a percentage of Base 
Period Price Cap Revenues may elect temporarily to pool the amount of 
the additional reductions above 25% of the Local Switching element 
revenues necessary to yield that carrier's proportionate share of a 
total $2.1 billion reduction in switched access usage rates on July 1,

[[Page 392]]

2000. The basis of the reduction calculation will be R at 
PCIt-1 for the upcoming tariff year. The percentage 
reductions per line amounts will be calculated as follows: (Total Price 
Cap Revenue Reduction / Base Period Price Cap Revenues)
    Pooled local switching revenue for each filing entity within a 
holding company that qualifies under this paragraph (i) will continue 
until such pooled revenues are eliminated under this paragraph. 
Notwithstanding the provisions of Sec.  61.45(b)(1), once the Average 
Traffic Sensitive (ATS) rate reaches the applicable Target Rate as set 
forth in Sec.  61.3(qq), the Targeted Revenue Differential as defined in 
Sec.  61.45(i) shall be targeted to reducing pooled local switching 
revenue until the pooled local switching revenue is eliminated. 
Thereafter, the X-factor for these baskets will be determined in 
accordance with Sec.  61.45(b)(1).
    (ii) Price cap local exchange carriers other than the Bell companies 
and GTE with at least 20% of total holding company lines operated by 
companies that as of December 31, 1999 were certified to the Commission 
as rural carriers, may elect to pool up to the following amounts:
    (A) For a price cap holding company's predominantly non-rural filing 
entities (i.e., filing entities within which more than 50% of all lines 
are operated by telephone companies other than those that as of December 
31, 1999 were certified to the Commission as rural telephone companies), 
the amount of the additional reductions to Average Traffic Sensitive 
Charge rates as defined in paragraph (l)(2) of this section, to the 
extent such reductions exceed 25% of the Local Switching element 
revenues (measured in terms of June 30, 2000 rates times 1999 base 
period demand);
    (B) For a price cap holding company's predominantly rural filing 
entities (i.e., filing entities with greater than 50% of lines operated 
by telephone companies that as of December 31, 1999 were certified to 
the Commission as rural telephone companies), the amount of the 
additional reductions to Average Traffic Sensitive Charge rates as 
defined in paragraph (l)(2) of this section.
    (2) Allocation of Pooled Local Switching Revenue to Certain CMT 
Elements
    (i) The pooled local switching revenue for each filing entity is 
shifted to the CMT basket within price caps. Pooled local switching 
revenue will not be included in calculations to determine the 
eligibility for interstate access universal service funding.
    (ii) Pooled local switching revenue will be capped on a revenue per 
line basis.
    (iii) Pooled local switching revenue is included in the total 
revenue for the CMT basket in calculating the X-factor reduction 
targeted to the traffic sensitive rate elements, and for companies 
qualified under paragraph (m)(1)(i) of this section, to pooled elements 
after the Average Traffic Sensitive Charge reaches the target level. For 
the purpose of targeting X-factor reductions, companies that allocate 
pooled local switching revenue to other filing entities pursuant to 
paragraph (m)(2)(vii) of this section shall include pooled local 
switching revenue in the total revenue of the CMT basket of the filing 
entity from which the pooled local switching revenue originated.
    (iv) Pooled local switching revenue shall be kept separate from CMT 
revenue in the CMT basket. CMT rate elements for each filing entity 
shall first be set based on CMT revenue per line without regard to the 
presence of pooled local switching revenue for each filing entity.
    (v) If the rates generated without regard to the presence of pooled 
local switching revenue for multi-line business PICC and/or multi-line 
business SLC are below the nominal caps of $4.31 and $9.20, 
respectively, pooled amounts can be added to these rate elements to the 
extent permitted by the nominal caps.
    (vi) Notwithstanding the provisions of Sec.  69.152(k) of this 
chapter, pooled local switching revenue is first added to the multi-line 
business SLC until the rate equals the nominal cap ($9.20) or the pooled 
local switching revenue is fully allocated. If pooled local switching 
revenue remains after applying amounts to the multi-line business SLC, 
notwithstanding the provisions of Sec.  69.153 of this chapter, the 
remaining

[[Page 393]]

pooled local switching revenue may be added to the multi-line business 
PICC until the rate equals the nominal cap ($4.31) or the pooled local 
switching revenue is fully allocated. Unallocated pooled local switching 
revenue may still remain. For companies pooling pursuant to paragraph 
(m)(1)(i) of this section, these unallocated amounts may not be 
recovered from the CCL charge, the primary residential and single-line 
business SLC, a non-primary residential SLC, or from CMT elements in any 
other filing entity.
    (vii) For companies pooling pursuant to paragraph (m)(1)(ii) of this 
section, pooled local switching revenue that can not be allocated to the 
multi-line business PICC and multi-line business SLC rates within an 
individual filing entity may not be recovered from the CCL charge, 
primary residential and single-line business SLC or residential/single-
line business SLC charges, but may be allocated to other filing entities 
within the holding company, and collected by adding these amounts to the 
multi-line business PICC and multi-line business SLC rates. The 
allocation of pooled local switching revenue among filing entities will 
be re-calculated at each annual filing. In subsequent annual filings, 
pooled local switching revenue that was allocated to another filing 
entity will be reallocated to the filing entity from where it 
originated, to the full extent permitted by the nominal caps of $9.20 
and $4.31.
    (viii) Notwithstanding the provisions of Sec.  69.152(k) of this 
chapter, these unallocated local switching revenues that cannot be 
recovered fully pursuant to paragraph (m)(2)(vii) of this section are 
first added to the multi-line business SLC of other filing entities 
until the resulting rate equals the nominal cap ($9.20) or the pooled 
local switching revenue for the holding company is fully allocated. If 
the pooled local switching revenue can be fully allocated to the multi-
line business SLC, the amount is distributed to each filing entity with 
a rate below the nominal cap ($9.20) based on its below-cap multi-line 
business SLC revenue as a percentage of the total holding company's 
below-cap multi-line business SLC revenue.
    (ix) If pooled local switching revenue remains after applying 
amounts to the multi-line business SLC of all filing entities in the 
holding company, pooled local switching revenue may be added to the 
multi-line business PICC of other filing entities. Notwithstanding the 
provisions of Sec.  69.153 of this chapter, the remaining pooled local 
switching revenue is distributed to each filing entity with a rate below 
the nominal cap ($4.31) based on its below-cap multi-line business PICC 
revenue as a percentage of the total holding company's below-cap multi-
line business PICC revenue.
    (x) If pooled local switching revenue is added to the multi-line 
business SLC but not to the multi-line business PICC for a filing entity 
that qualified to deaverage SLCs without regard to pooled local 
switching revenue, the resulting SLC rates can still be deaveraged. 
Total pooled local switching revenue is added to the deaveraged zone 1 
multi-line business SLC rate until the per line rate in zone 1 equals 
the rate in zone 2 or until the pooled local switching revenue is fully 
allocated to the deaveraged multi-line business SLC rate for zone 1. If 
pooled local switching revenue remains after the rate in zone 1 equals 
zone 2, the deaveraged rates of zone 1 and zone 2 are increased until 
the pooled local switching revenue is fully allocated to the deaveraged 
multi-line business SLC rates of zone 1 and 2 or until those rates reach 
the zone 3 multi-line business SLC rate level. This process continues 
until pooled local switching revenue is fully allocated to the zone 
deaveraged rates.
    (n) Establishment of the special access basket, effective July 1, 
2000.
    (1) On the effective date, the PCI value for the special access 
basket, as defined in Sec.  61.42(d)(5) shall be equal to the PCI for 
the trunking basket on the day preceding the establishment of the 
special access basket.
    (2) On the effective date, the API value for the special access 
basket, as defined in Sec.  61.42(d)(5) shall be equal to the API for 
the trunking basket on the day preceding the establishment of the 
special access basket.

[[Page 394]]

    (3) Service Category, Subcategory, and Density Zone SBIs and Upper 
Limits.
    (i) Interconnection, Tandem Switched Transport, and Signalling 
Interconnec- tion will retain the SBIs and upper limits and remain in 
the trunking basket.
    (ii) Audio/Video and Wideband will retain the SBIs and upper limits 
and be moved into the special access basket.
    (iii) For Voice Grade, the SBIs and upper limits in both baskets 
will be equal to the SBIs and upper limits in the existing trunking 
basket on the day preceding the establishment of the special access 
basket. Voice Grade density zones in the trunking basket will retain 
their indices and upper limits. Voice Grade density zones will be 
initialized in the special access basket when services are first offered 
in them.
    (iv) For High Cap/DDS, DS1, and DS3 category and subcategories, the 
SBIs and upper limits in both baskets will be equal to the SBIs and 
upper limits in the existing trunking basket on the day preceding the 
establishment of the special access basket. SBIs and upper limits for 
services that are in both combined density zones and either DTT/EF or 
special access density zones will be calculated by using weighted 
averages of the indices in the affected zones.
    (v) For each DTT/EF-related zone remaining in the trunking basket, 
the values will be calculated by taking the sum of the products of the 
DTT/EF revenues times the DTT/EF index (or upper limit) and the DTT/EF-
related revenues in the combined zone times the combined index (or upper 
limit), and dividing by the total DTT/EF-related revenues for that zone.
    (vi) For each special access-related zone in the special access 
basket, the values will be calculated by taking the sum of the products 
of the special access revenues times the special access index (or upper 
limit) and the special access-related revenues in the combined zone 
times the combined index (or upper limit), and dividing by the total 
special access-related revenues for that zone.
    (o) Treatment of acquisitions of exchanges with different ATS Target 
Rates as set forth in Sec.  61.3(qq):
    (1) In the event that a price cap local exchange carrier acquires a 
filing entity or portion thereof from a price cap local exchange carrier 
after July 1, 2000, and the price cap local exchange carrier did not 
have a binding and executed contract to purchase that filing entity or 
portion thereof as of April 1, 2000, those properties retain their pre-
existing Target Rates as set forth in Sec.  61.3(qq). If those 
properties are merged into a filing entity with a different Target Rate 
as set forth in Sec.  61.3(qq), the Target Rate as set forth in Sec.  
61.3(qq) for the merged filing entity will be the weighted average of 
the Target Rates as set forth in Sec.  61.3(qq) for the properties being 
combined into a single filing entity, with the average weighted by local 
switching minutes. When a property acquired as a result of a contract 
for purchase executed after April 1, 2000 is merged with $0.0095 Target 
Rate properties, the obligation to apply price cap reductions to reduce 
CCL, pursuant to Sec.  61.45(b)(iii) does not apply to the properties 
purchased under contracts executed after April 1, 2000, but continues to 
apply to the other properties.
    (2) For sale of properties for which a holding company was, as of 
April 1, 2000, under a binding and executed contract to purchase but 
which close after June 30, 2000, but during tariff year 2000, and that 
are subject to the $0.0095 Target Rate as set forth in Sec.  61.3(qq), 
the Average Traffic Sensitive Rate charged by the purchaser for that 
property will be the greater of $0.0095 or the Average Traffic Sensitive 
Rate for that property.

[54 FR 19843, May 8, 1989, as amended at 55 FR 42384, Oct. 19, 1990; 56 
FR 21617, May 10, 1991; 56 FR 55239, Oct. 25, 1991; 59 FR 10302, Mar. 4, 
1994; 60 FR 19528, Apr. 19, 1995; 60 FR 52346, Oct. 6, 1995; 62 FR 
31932, June 11, 1997; 64 FR 46590, Aug. 26, 1999; 65 FR 38699, June 21, 
2000; 65 FR 57742, 57743, Sept. 26, 2000; 76 FR 43214, July 20, 2011]



Sec.  61.49  Supporting information to be submitted with letters 
of transmittal for tariffs of carriers subject to price cap regulation.

    (a) Each price cap tariff filing must be accompanied by supporting 
materials sufficient to calculate required adjustments to each PCI, API, 
and SBI

[[Page 395]]

pursuant to the methodologies provided in Sec. Sec.  61.45, 61.46, and 
61.47, as applicable.
    (b) Each price cap tariff filing that proposes rates that are within 
applicable bands established pursuant to Sec.  61.47, and that results 
in an API value that is equal to or less than the applicable PCI value, 
must be accompanied by supporting materials sufficient to establish 
compliance with the applicable bands, and to calculate the necessary 
adjustment to the affected APIs and SBIs pursuant to Sec. Sec.  61.46 
and 61.47, respectively.
    (c) Each price cap tariff filing that proposes rates above the 
applicable band limits established in Sec. Sec.  61.47 (e) must be 
accompanied by supporting materials establishing substantial cause for 
the proposed rates.
    (d) Each price cap tariff filing that proposes rates that will 
result in an API value that exceeds the applicable PCI value must be 
accompanied by:
    (1) An explanation of the manner in which all costs have been 
allocated among baskets; and
    (2) Within the affected basket, a cost assignment slowing down to 
the lowest possible level of disaggregation, including a detailed 
explanation of the reasons for the prices of all rate elements to which 
costs are not assigned.
    (e) Each price cap tariff filing that proposes restructuring of 
existing rates must be accompanied by supporting materials sufficient to 
make the adjustments to each affected API and SBI required by Sec. Sec.  
61.46(c) and 61.47(d), respectively.
    (f)(1) [Reserved]
    (2) Each tariff filing submitted by a price cap local exchange 
carrier that introduces a new loop-based service, as defined in Sec.  
61.3(pp) of this part--including a restructured unbundled basic service 
element (BSE), as defined in Sec.  69.2(mm) of this chapter, that 
constitutes a new loop-based service--that is or will later be included 
in a basket, must be accompanied by cost data sufficient to establish 
that the new loop-based service or unbundled BSE will not recover more 
than a just and reasonable portion of the carrier's overhead costs.
    (3) A price cap local exchange carrier may submit without cost data 
any tariff filings that introduce new services, other than loop-based 
services.
    (4) A price cap local exchange carrier that has removed its corridor 
or interstate ntraLATA toll services from its interexchange basket 
pursuant to Sec.  61.42(d)(4)(ii), may submit its tariff filings for 
corridor or interstate intraLATA toll services without cost data.
    (g) Each tariff filing submitted by a price cap local exchange 
carrier that introduces a new loop-based service or a restructured 
unbundled basic service element (BSE), as defined in Sec.  69.2(mm) of 
this chapter, that is or will later be included in a basket, or that 
introduces or changes the rates for connection charge subelements for 
expanded interconnection, as defined in Sec.  69.121 of this chapter, 
must also be accompanied by:
    (1) The following, including complete explanations of the bases for 
the estimates.
    (i) A study containing a projection of costs for a representative 12 
month period; and
    (ii) Estimates of the effect of the new tariff on the traffic and 
revenues from the service to which the new tariff applies, the carrier's 
other service classifications, and the carrier's overall traffic and 
revenues. These estimates must include the projected effects on the 
traffic and revenues for the same representative 12 month period used in 
paragraph (g)(1)(i) of this section.
    (2) Working papers and statistical data. (i) Concurrently with the 
filing of any tariff change or tariff filing for a service not 
previously offered, the issuing carriers must file the working papers 
containing the information underlying the data supplied in response to 
paragraph (h)(1) of this section, and a clear explanation of how the 
working papers relate to that information.
    (ii) All statistical studies must be submitted and supported in the 
form prescribed in Sec.  1.363 of the Commission's rules.
    (h) Each tariff filing submitted by a price cap local exchange 
carrier that introduces or changes the rates for connection charge 
subelements for expanded interconnection, as defined in Sec.  69.121 of 
this chapter, must be accompanied by cost data sufficient to establish 
that such charges will not recover

[[Page 396]]

more than a just and reasonable portion of the carrier's overhead costs.
    (i) [Reserved]
    (j) For a tariff that introduces a system of density pricing zones, 
as described in Sec.  69.123 of this chapter, the carrier must, before 
filing its tariff, submit a density pricing zone plan including, inter 
alia, documentation sufficient to establish that the system of zones 
reasonably reflects cost-related characteristics, such as the density of 
total interstate traffic in central offices located in the respective 
zones, and receive approval of its proposed plan.
    (k) [Reserved]
    (l) On each page of cost support material submitted pursuant to this 
section, the issuing carrier shall indicate the transmittal number under 
which that page was submitted.

[54 FR 19843, May 8, 1989]

    Editorial Note: For Federal Register citations affecting Sec.  
61.49, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec.  61.50  Regulation of business data services offered by 
rate-of-return carriers electing incentive regulation.

    (a) A rate-of-return carrier, as defined in Sec.  51.903(g) of this 
chapter, may elect to offer its business data services subject to 
incentive regulation pursuant to this section. A rate-of-return carrier 
may elect to offer business data services subject to incentive 
regulation pursuant to this section only if all affiliated rate-of-
return carriers meeting the requirements of paragraph (b) of this 
section make the election. A carrier's election under this section is 
irrevocable.
    (b) A rate-of-return carrier is eligible to elect incentive 
regulation for its business data services if the carrier:
    (1) Receives universal service payments pursuant to the Alternative-
Connect America Cost Model pursuant to Sec.  54.311 of this chapter;
    (2) Is an affiliate of a price cap local exchange carrier operating 
pursuant to a waiver of Sec.  61.41;
    (3) Receives universal service payments pursuant to Sec.  54.306 of 
this chapter; or
    (4) Transitions away from legacy support mechanisms in the future.
    (c) A rate-of-return carrier electing to offer business data 
services pursuant to this section shall employ the procedures outlined 
in Sec. Sec.  61.42 through 61.49 to calculate rates for its business 
data services and adjust its indexes for those rates to the extent those 
sections are applicable to business data services, except that:
    (1) Exogenous costs associated with regulated services shall be 
allocated to business data services based on relative regulated business 
data services revenues, compared to regulated revenues and related 
support receipts; and
    (2) An electing carrier is not required to file a short form tariff 
review plan as required by Sec.  61.49(k).
    (d) A rate-of-return carrier electing to offer business data 
services pursuant to this section must remove its business data services 
from the NECA Traffic Sensitive Pool. Such a carrier may continue to 
participate in the NECA Traffic Sensitive Pool and tariff for access 
services other than business data services.
    (e) A rate-of-return carrier offering business data services 
pursuant to this section may offer those business data services at 
different rates in different study areas.
    (f) A rate-of-return carrier offering business data services 
pursuant to this section may make a low-end adjustment pursuant to Sec.  
61.45(d)(1)(vii) unless it:
    (1) Exercises the regulatory relief pursuant to paragraph (g) of 
this section in any part of its service region; or
    (2) Exercises the option to use Generally Accepted Accounting 
Principles rather than the part 32 Uniform System of Accounts pursuant 
to Sec.  32.11(g) of this chapter.
    (g) A rate-of-return carrier electing to offer business data 
services pursuant to this section may offer time division multiplexed 
transport and end user channel termination services at or below a DS3 
bandwidth that include:
    (1) Volume and term discounts;
    (2) Contract-based tariffs, provided that:
    (i) Contract-based tariff services are made generally available to 
all similarly situated customers; and

[[Page 397]]

    (ii) The rate-of-return carrier excludes all contract-based tariff 
offerings from incentive regulation; and
    (3) The ability to file tariff revisions on at least one day's 
notice, notwithstanding the notice requirements for tariff filings 
specified in Sec.  61.58.
    (h) A rate-of-return carrier electing to offer business data 
services pursuant to this section shall comply with the requirements of 
Sec.  69.805 of this chapter in its study areas deemed non-competitive 
pursuant to this section.
    (i) The regulation of other services offered by a carrier that 
offers business data services pursuant to this section shall not be 
modified as a result of the requirements of this section.
    (j)(1) The Wireline Competition Bureau will conduct an initial 
competitive market test for rate-of-return carriers eligible to elect 
incentive regulation pursuant to this section. Study areas of such 
carriers will be deemed competitive if 75 percent of the census blocks 
within the study area are reported to have a minimum of 10 Mbps download 
and 1 Mbps upload broadband service offered by a cable operator based on 
the most current publicly available Form 477 data. A list of study areas 
deemed competitive by the competitive market test will be published on 
the Commission's website.
    (2) The Wireline Competition Bureau will conduct subsequent 
competitive market tests for rate-of-return carriers electing incentive 
regulation pursuant to this section contemporaneously with the 
subsequent tests mandated by Sec.  69.803 of this chapter for price cap 
carriers.
    (3) A study area of an electing carrier deemed competitive by the 
competitive market test will retain its status in subsequent tests.
    (k)(1) Packet-based and time division multiplexed business data 
services above a DS3 bandwidth offered by a rate-of-return carrier 
pursuant to this section shall not be subject to ex ante pricing 
regulation.
    (2) Time division multiplexed end user channel termination business 
data services at or below a DS3 bandwidth offered by a rate-of-return 
carrier pursuant to this section in study areas deemed competitive by 
the competitive market test shall not be subject to ex ante pricing 
regulation.
    (3) A rate-of-return carrier electing incentive regulation for its 
business data services must detariff:
    (i) All packet-based and time division multiplexed business data 
services above a DS3 bandwidth within thirty-six months after the 
effective date of its election of incentive regulation; and
    (ii) All time division multiplexed end user channel termination 
business data services at or below a DS3 bandwidth in any study area 
deemed competitive by the competitive market test within thirty-six 
months after such services shall be deemed competitive in a study area.
    (l)(1) A rate-of-return carrier electing incentive regulation for 
its business data services effective July 1, 2019 must notify the Chief 
of the Wireline Competition Bureau of its election by May 1, 2019 for it 
to become effective concurrent with the annual access tariff filing in 
2019.
    (2) A rate-of-return carrier electing incentive regulation for its 
business data services effective July 1, 2020 must notify the Chief of 
the Wireline Competition Bureau of its election by May 1, 2020 for it to 
become effective concurrent with the annual access tariff filing in 
2020.
    (3) A rate-of-return carrier accepting future offers of Alternative-
Connect America Cost Model support or otherwise transitioning away from 
legacy support mechanisms and electing incentive regulation for its 
business data services must notify the Chief of the Wireline Competition 
Bureau of its election by May 1 following its acceptance of the offer 
for it to become effective concurrent with that year's annual access 
tariff filing.

[83 FR 67122, Dec. 28, 2018]



  Subpart F_Formatting and Notice Requirements for Tariff Publications

    Source: 76 FR 43215, July 20, 2011, unless otherwise noted.

[[Page 398]]



Sec.  61.51  Scope.

    The rules in this subpart apply to tariffs filed by issuing 
carriers, with the exception of the informational tariffs filed pursuant 
to 47 U.S.C. 226(h)(1)(A), unless otherwise noted.

[76 FR 43215, July 20, 2011]



Sec.  61.52  Form, size, type, legibility, etc.

    (a) Pages of tariffs must be numbered consecutively and designated 
as ``Original title page,'' ``Original page 1,'' ``Original page 2,'' 
etc.
    (1) All such pages must show, in the upper left-hand corner the name 
of the issuing carrier; in the upper right-hand corner the FCC number of 
the tariff, with the page designation directly below; in the lower left-
hand corner the issued date; in the lower right-hand corner the 
effective date; and at the bottom, center, the street address of the 
issuing officer. The carrier must also specify the issuing officer's 
title either at the bottom center of all tariff pages, or on the title 
page and check sheet only.
    (2) As an alternative, the issuing carrier may show in the upper 
left-hand corner the name of the issuing carrier, the title and street 
address of the issuing officer, and the issued date; and in the upper 
right-hand corner the FCC number of the tariff, with the page 
designation directly below, and the effective date. The carrier must 
specify the issuing officer's title in the upper left-hand corner of 
either all tariff pages, or on the title page and check sheet only. A 
carrier electing to place the information at the top of the page should 
annotate the bottom of each page to indicate the end of the material, 
e.g., a line, or the term ``Printed in USA,'' or ``End''.
    (3) Only one format may be employed in a tariff publication.
    (b) All issuing carriers shall file all tariff publications and 
associated documents, such as transmittal letters, requests for special 
permission, and supporting information, electronically in accordance 
with the requirements set forth in Sec. Sec.  61.13 through 61.17.

[49 FR 40869, Oct. 18, 1984, as amended at 58 FR 44906, Aug. 25, 1993; 
62 FR 5778, Feb. 7, 1997; 63 FR 35541, June 30, 1998; 76 FR 43215, July 
20, 2011]



Sec.  61.54  Composition of tariffs.

    (a) Tariffs must contain in consecutive order: A title page; check 
sheet; table of contents; list of concurring, connecting, and other 
participating carriers; explanation of symbols and abbreviations; 
application of tariff; general rules (including definitions), 
regulations, exceptions and conditions; and rates. If the issuing 
carrier elects to add a section assisting in the use of the tariff, it 
should be placed immediately after the table of contents.
    (b) The title page of every tarif_f and supplement must show:
    (1) FCC number, indication of cancellations. In the upper right-hand 
corner, the designation of the tariff or supplement as ``FCC No. ____,'' 
or ``Supplement No. ____ to FCC No. ____,'' and immediately below, the 
FCC number or numbers of tariffs or supplements cancelled thereby.
    (2) Name of carrier, class of service, geographical application, 
means of transmission. The exact name of the carrier, and such other 
information as may be necessary to identify the carrier issuing the 
tariff publication; a brief statement showing each class of service 
provided; the geographical application; and the type of facilities used 
to provide service.
    (3) Expiration date. Subject to Sec.  61.59, when the entire tariff 
or supplement is to expire with a fixed date, the expiration date must 
be shown in connection with the effective date in the following manner. 
Changes in expiration date must be made pursuant to the notice 
requirements of Sec.  61.58, unless otherwise authorized by the 
Commission.

    Expires at the end of __ (date) unless sooner canceled, changed, or 
extended.

    (4) Title and address of issuing officer. The title and street 
address of the officer issuing the tariff or supplement in the format 
specified in Sec.  61.52.
    (5) Revised title page. When a revised title page is issued, the 
following notation must be shown in connection with its effective date:

Original tariff _effective __________ (here show the effective date of 
the original tariff).


[[Page 399]]


    (c)(1)(i) The page immediately following the title page must be 
designated as ``Original page 1'' and captioned ``Check Sheet.'' When 
the original tariff is filed, the check sheet must show the number of 
pages contained in the tariff. For example, ``Page 1 to 150, inclusive, 
of this tariff are effective as of the date shown.'' When new pages are 
added, they must be numbered in continuing sequence, and designated as 
``Original page ____ .'' For example, when the original tariff filed has 
150 pages, the first page added after page 150 is to be designated as 
``Original page 151,'' and the foregoing notation must be revised to 
include the added pages.
    (ii) Alternatively, the carrier is permitted to number its tariff 
pages, other than the check sheet, to reflect the section number of the 
tariff as well as the page. For example, under this system, pages in 
section 1 of the tariff would be numbered 1-1, 1-2, etc., and pages in 
section 2 of the tariff would be numbered 2-1, 2-2, etc. Issuing 
carriers shall utilize only one page numbering system throughout its 
tariff.
    (2) If pages are to be inserted between numbered pages, each such 
page must be designated as an original page and must bear the number of 
the immediately preceding page followed by an alpha or numeric suffix. 
For example, when two new pages are to be inserted between pages 44 and 
45 of the tariff, the first inserted page must be designated as Original 
page 44A or 44.1 and the second inserted page as Original page 44B or 
44.2. Issuing carriers may not utilize both the alpha and numeric 
systems in the same publication.
    (3)(i) When pages are revised, when new pages (including pages with 
letter or numeric suffix as set forth above) are added to the tariff, or 
when supplements are issued, the check sheet must be revised 
accordingly. Revised check sheets must indicate with an asterisk the 
specific pages added or revised. In addition to the notation in (1), the 
check sheet must list, under the heading ``The original and revised 
pages named below (and Supplement No. ____) contain all changes from the 
original tariff that are in effect on the date shown,'' all original 
pages in numerical order that have been added to the tariff and the 
pages which have been revised, including the revision number. For 
example:

------------------------------------------------------------------------
                                               Number of revision except
                     Page                             as indicated
------------------------------------------------------------------------
Title........................................  1st
1............................................  *8th
3............................................  5th
5A...........................................  *Orig.
10...........................................  *8th
151..........................................  Orig.
------------------------------------------------------------------------
*New or Revised page.

    (ii) On each page, the carrier shall indicate the transmittal number 
under which that page was submitted.
    (4) Changes in, and additions to tariffs must be made by reprinting 
the page upon which a change or addition is made. Such changed page is 
to be designated as a revised page, cancelling the page which it amends. 
For example, ``First revised page 1 cancels original page 1,'' or 
``Second revised page 2 cancels first revised page 2,'' etc. When a 
revised page omits rates or regulations previously published on the page 
which it cancels, but such rates or regulations are published on another 
page, the revised page must make specific reference to the page on which 
the rates or regulations will be found. This reference must be 
accomplished by inserting a sentence at the bottom of the revised page 
that states ``Certain rates (or regulations) previously found on this 
page can now be found on page ___.'' In addition, the page on which the 
omitted material now appears must bear the appropriate symbol opposite 
such material, and make specific reference to the page from which the 
rates or regulations were transferred. This reference must be 
accomplished by inserting a sentence at the bottom of the other page 
that states ``Certain rates (or regulations) on this page formerly 
appeared on page ____.''
    (5) Rejected pages must be treated as indicated in Sec.  61.69.
    (d) Table of contents. The table of contents must contain a full and 
complete statement showing the exact location and specifying the page or 
section and page numbers, where information by subjects under general 
headings will be found. If a tariff contains so small a volume of matter 
that its title page or

[[Page 400]]

its interior arrangement plainly discloses its contents, the table of 
contents may be omitted.
    (e) Tariff User's guide. At its option, a carrier may include a 
section explaining how to use the tariff.
    (f) List of concurring carriers. This list must contain the exact 
name or names of carriers concurring in the tariff, alphabetically 
arranged, and the name of the city or town in which the principal office 
of every such carrier is located. If there are no concurring carriers, 
then the statement ``no concurring carriers'' must be made at the place 
where the names of the concurring carriers would otherwise appear. If 
the concurring carriers are numerous, their names may be stated in 
alphabetical order in a separate tariff filed with the Commission by the 
issuing carrier. Specific reference to such separate tariff by FCC 
number must be made in the tariff at the place where such names would 
otherwise appear.
    (g) List of connecting carriers. This list must contain the exact 
name or names of connecting carriers, alphabetically arranged, for which 
rates or regulations are published in the tariff, and the name of the 
city or town in which the principal office of every such carrier is 
located. If there are no connecting carriers, then the statement ``no 
connecting carriers'' must be made at the place where their names would 
otherwise appear. If connecting carriers are numerous, their names may 
be stated in alphabetical order in a separate tariff filed with the 
Commission by the issuing carrier. Specific reference to such separate 
tariff by FCC number must be made in the tariff at the place where such 
names would otherwise appear.
    (h) List of other participating carriers. This list must contain the 
exact name of every other carrier subject to the Act engaging or 
participating in the communication service to which the tariff or 
supplement applies, together with the name of the city or town in which 
the principal office of such carrier is located. If there is no such 
other carrier, then the statement ``no participating carriers'' must be 
made at the place where the names of such other carriers would otherwise 
appear. If such other carriers are numerous, their names may be stated 
in alphabetical order in a separate tariff filed with the Commission by 
the issuing carrier. Specific reference must be made in the tariff at 
the place where such names would otherwise appear. The names of 
concurring and connecting carriers properly listed in a tariff published 
by any other participating carrier need not be repeated in this list.
    (i)(1) Symbols, reference marks, abbreviations. The tariff must 
contain an explanation of symbols, reference marks, and abbreviations of 
technical terms used. The following symbols used in tariffs are reserved 
for the purposes indicated below:

R to signify reduction.
I to signify increase.
C to signify changed regulation.
T to signify a change in text but no change in rate or regulation.
S to signify reissued matter.
M to signify matter relocated without change.
N to signify new rate or regulation.
D to signify discontinued rate or regulation.
Z to signify a correction.

    (2) The uniform symbols must be used as follows.
    (i) When a change of the same character is made in all or in 
substantially all matter in a tariff, it may be indicated at the top of 
the title page of the tariff or at the top of each affected page, in the 
following manner: ``All rates in this tariff are increases,'' or, ``All 
rates on this page are reductions, except as otherwise indicated.''
    (ii) When a change of the same character is made in all or 
substantially all matters on a page or supplement, it may be indiated at 
the top of the page or supplement in the following manner: All rates on 
this page (or supplement) are increases,'' or, ``All rates on this page 
(or supplement) are reductions except as otherwise indicated.''
    (3) Items which have not been in effect 30 days when brought forward 
on revised pages must be shown as reissued, in the manner prescribed in 
Sec.  61.54(i)(1). The number and original effective date of the tariff 
publication in which the matter was originally published must be 
associated with the reissued matter. Items which have been in effect 30 
days or more and are

[[Page 401]]

brought forward without change on revised pages must not be shown as 
reissued items.
    (j) Rates and general rules, regulations, exceptions and conditions. 
The general rules (including definitions), regulations, exceptions, and 
conditions which govern the tariff must be stated clearly and 
definitely. All general rules, regulations, exceptions or conditions 
which in any way affect the rates named in the tariff must be specified. 
A special rule, regulation, exception or condition affecting a 
particular item or rate must be specifically referred to in connection 
with such item or rate. Rates must be expressed in United States 
currency, per chargeable unit of service for all communication services, 
together with a list of all points of service to and from which the 
rates apply. They must be arranged in a simple and systematic manner. 
Complicated or ambiguous terminology may not be used, and no rate, rule, 
regulation, exception or condition shall be included which in any way 
attempts to substitute a rate, rule, regulation, exception or condition 
named in any other tariff.
    (k) References to other tariffs. Notwithstanding any other 
provisions in this section, tariff publications filed by a carrier may 
reference other tariff publications filed by that carrier or its 
affiliates.

[49 FR 40869, Oct. 18, 1984, as amended at 64 FR 46591, Aug. 26, 1999; 
84 FR 65016, Nov. 26, 2019]



Sec.  61.55  Contract-based tariffs.

    (a) This section shall apply to price cap local exchange carriers 
permitted to offer contract-based tariffs under Sec.  1.776 or Sec.  
69.805 of this chapter, as well as to the offering of business data 
services by rate-of-return carriers pursuant to Sec.  61.50.
    (b) Composition of contract-based tariffs shall comply with 
Sec. Sec.  61.54(b) through (i).
    (c) Contract-based tariffs shall include the following:
    (1) The term of contract, including any renewal options;
    (2) A brief description of each of the services provided under the 
contract;
    (3) Minimum volume commitments for each service;
    (4) The contract price for each service or services at the volume 
levels committed to by the customers;
    (5) A general description of any volume discounts built into the 
contract rate structure; and
    (6) A general description of other classifications, practices, and 
regulations affecting the contract rate.

[64 FR 51266, Sept. 22, 1999, as amended at 76 FR 43216, July 20, 2011; 
82 FR 25711, June 2, 2017; 83 FR 67123, Dec. 28, 2018]



Sec.  61.58  Notice requirements.

    (a) Every proposed tariff filing must bear an effective date and, 
except as otherwise provided by regulation, special permission, or 
Commission order, must be made on at least the number of days notice 
specified in this section.
    (1) Notice is accomplished by filing the proposed tariff changes 
with the Commission. Any period of notice specified in this section 
begins on and includes the date the tariff is received by the 
Commission, but does not include the effective date. If a tariff filing 
proposes changes governed by more than one of the notice periods listed 
below, the longest notice period will apply. In computing the notice 
period required, all days including Sundays and holidays must be 
counted.
    (2)(i) Local exchange carriers may file tariffs pursuant to the 
streamlined tariff filing provisions of section 204(a)(3) of the 
Communications Act. Such a tariff may be filed on 7 days' notice if it 
proposes only rate decreases. Any other tariff filed pursuant to section 
204(a)(3) of the Communications Act, including those that propose a rate 
increase or any change in terms and conditions, shall be filed on 15 
days' notice. Any tariff filing made pursuant to section 204(a)(3) of 
the Communications Act must comply with the applicable cost support 
requirements specified in this part.
    (ii) Local exchange carriers may elect not to file tariffs pursuant 
to section 204(a)(3) of the Communications Act. For dominant carriers, 
any such tariffs shall be filed on at least 16 days' notice. For 
nondominant carriers, any such tariffs shall be filed on at least one 
days' notice.

[[Page 402]]

    (iii) Except for tariffs filed pursuant to section 204(a)(3) of the 
Communications Act, the Chief, Wireline Competition Bureau, may require 
the deferral of the effective date of any filing made on less than 120 
days' notice, so as to provide for a maximum of 120 days' notice, or of 
such other maximum period of notice permitted by section 203(b) of the 
Communications Act, regardless of whether petitions under Sec.  1.773 of 
this chapter have been filed.
    (3) Tariff filings proposing corrections or voluntarily deferring 
the effective date of a pending tariff revision must be made on at least 
3 days' notice, and may be filed notwithstanding the provisions of Sec.  
61.59. Corrections to tariff materials not yet effective cannot take 
effect before the effective date of the original material. Deferrals 
must take effect on or before the current effective date of the pending 
tariff revisions being deferred.
    (4) This subsection applies only to dominant carriers. If the tariff 
publication would increase any rate or charge, or would effectuate and 
authorized discountinuance, reduction or other impairment of service to 
any customer, the offering carrier must inform the affected customers of 
the content of the tariff publication. Such notification should be made 
in a form appropriate to the circumstance, and may include written 
notification, personal contact, or advertising in newspapers of general 
circulation.
    (b) Tariffs for new services filed by price cap local exchange 
carriers shall be filed on at least one day's notice.
    (c) Contract-based tariffs filed by price cap local exchange 
carriers pursuant to Sec.  69.727(a) of this chapter shall be filed on 
at least one day's notice.
    (d)(1) A price cap local exchange carrier that is filing a tariff 
revision to remove its corridor or interstate intraLATA toll services 
from its interexchange basket pursuant to Sec.  61.42(d)(4)(ii) shall 
submit such filing on at least fifteen days' notice.
    (2) A price cap local exchange carrier that has removed its corridor 
and interstate intraLATA toll services from its interexchange basket 
pursuant to Sec.  61.42(d)(4)(ii) shall file subsequent tariff filings 
for corridor or interstate intraLATA toll services on at least one day's 
notice.
    (e) Non-price cap local exchange carriers and/or services. (1) 
Tariff filings in the instances specified in paragraphs (e)(1) (i), 
(ii), and (iii) of this section by dominant carriers must be made on at 
least 15 days' notice.
    (i) Tariffs filed in the first instance by new carriers.
    (ii) Tariffs filings involving new rates and regulations not 
previously filed at, from, to or via points on new lines; at, from to or 
via new radio facilities; or for new points of radio communication.
    (iii) Tariff filings involving a change in the name of a carrier, a 
change in Vertical or Horizontal coordinates (or other means used to 
determine airline mileages), a change in the lists of mileages, a change 
in the lists of connecting, concurring or other participating carriers, 
text changes, or the imposition of termination charges calculated from 
effective tariff provisions. The imposition of termination charges does 
not include the initial filing of termination liability provisions.
    (2) Tariff filings involving a change in rate structure, a new 
offering, or a rate increase must be made on at least 45 days' notice.
    (3) Alascom, Inc. shall file its annual tariff revisions for its 
Common Carrier Services (Alascom Tariff F.C.C No. 11) on at least 35 
days' notice.
    (4) All tariff filings not specifically assigned a different period 
of public notice in this part must be made on at least 35 days' notice.
    (f) All tariff filings of domestic and international non-dominant 
carriers must be made on at least one days' notice.

[49 FR 40869, Oct. 18, 1984, as amended at 54 FR 19844, May 8, 1989; 55 
FR 42384, Oct. 19, 1990; 56 FR 1500, Jan. 15, 1991; 56 FR 5956, Feb. 14, 
1991; 56 FR 55239, Oct. 25, 1991; 58 FR 36149, July 6, 1993; 59 FR 
10304, Mar. 4, 1994; 62 FR 5778, Feb. 7, 1997; 64 FR 46591, Aug. 26, 
1999; 64 FR 51266, Sept. 22, 1999; 67 FR 13228, Mar. 21, 2002; 76 FR 
43216, July 20, 2011]



Sec.  61.59  Effective period required before changes.

    (a) Except as provided in Sec.  61.58(a)(3) or except as otherwise 
authorized by the Commission, new rates or regulations must be effective 
for at least 30

[[Page 403]]

days before a dominant carrier will be permitted to make any change.
    (b) Changes to rates and regulations for dominant carriers that have 
not yet become effective, i.e., are pending, may not be made unless the 
effective date of the proposed changes is at least 30 days after the 
scheduled effective date of the pending revisions.
    (c) Changes to rates and regulations for dominant carriers that have 
taken effect but have not been in effect for at least 30 days may not be 
made unless the scheduled effective date of the proposed changes is at 
least 30 days after the effective date of the existing regulations.

[64 FR 46592, Aug. 26, 1999, as amended at 76 FR 43216, July 20, 2011]



    Subpart G_Specific Rules for Tariff Publications of Dominant and 
                          Nondominant Carriers

    Source: 49 FR 40869, Oct. 18, 1984, unless otherwise noted. 
Redesignated at 76 FR 43215, July 20, 2011.



Sec.  61.66  Scope.

    The rules in this subpart apply to all issuing carriers, unless 
otherwise noted.

[76 FR 43216, July 20, 2011]



Sec.  61.68  Special notations.

    (a) Any tariff filing made pursuant to an Application for Special 
Permission, Commission decision or order must contain the following 
statement:

    Issued under authority of (specific reference to the special 
permission, Commission decision, or order) of the Commission.

    (b) When a portion of any tariff publication is issued in order to 
comply with the Commission order, the following notation must be 
associated with that portion of the tariff publication:

    In compliance with the order of the Federal Communications 
Commission in _ (a specific citation to the applicable order should be 
made).

[49 FR 40869, Oct. 18, 1984, as amended at 76 FR 43216, July 20, 2011]



Sec.  61.69  Rejection.

    When a tariff publication is rejected by the Commission, its number 
may not be used again. This includes, but is not limited to, such 
publications as tariff numbers or specific page revision numbers. The 
rejected tariff publication may not be referred to as either cancelled 
or revised. Within five business days of the release date of the 
Commission's Order rejecting such tariff publication, the issuing 
carrier shall file tariff revisions removing the rejected material, 
unless the Commission's Order establishes a different date for this 
filing. The publication that is subsequently issued in lieu of the 
rejected tariff publication must bear the notation:

    In lieu of __, rejected by the Federal Communications Commission.

[64 FR 46592, Aug. 26, 1999]



Sec.  61.72  Public information requirements.

    (a) Issuing carriers must make available accurate and timely 
information pertaining to rates and regulations subject to tariff filing 
requirements.
    (b) Issuing carriers must, at a minimum, provide a telephone number 
for public inquiries about information contained in its tariffs. This 
telephone number should be made readily available to all interested 
parties.
    (c) Any issuing carrier that is an incumbent local exchange carrier, 
and chooses to establish an Internet web site, must make its tariffs 
available on that web site, in addition to the Commission's web site.

[64 FR 46592, Aug. 26, 1999]



Sec.  61.73  Duplication of rates or regulations.

    A carrier concurring in schedules of another carrier must not 
publish conflicting or duplicative rates or regulations.



Sec.  61.74  References to other instruments.

    (a) Except as otherwise provided in this and other sections of this 
part, no tariff publication filed with the Commission may make reference 
to any other tariff publication or to any other document or instrument.

[[Page 404]]

    (b) Tariff publications filed by a carrier may reference other 
tariff publications filed by that carrier or its affiliates.
    (c) Tariffs for end-on-end through services may reference the 
tariffs of other carriers participating in the offering.
    (d) Tariffs may reference concurrences for the purpose of starting 
where rates or regulations applicable to a service not governed by the 
tariff may be found.
    (e) Tariffs may reference other FCC tariffs that are in effect and 
on file with the Commission for purposes of determining mileage, or 
specifying the operating centers at which a specific service is 
available.
    (f) Tariffs may reference technical publications which describe the 
engineering, specifications, or other technical aspects of a service 
offering, provided the following conditions are satisfied:
    (1) The tariff must contain a general description of the service 
offering, including basic parameters and structural elements of the 
offering;
    (2) The technical publication includes no rates, regulatory terms, 
or conditions which are required to be contained in the tariff, and any 
revisions to the technical publication do not affect rates, regulatory 
terms, or conditions included in the tariff, and do not change the basic 
nature of the offering;
    (3) The tariff indicates where the technical publication can be 
obtained;
    (4) The referenced technical publication is publicly available 
before the tariff is scheduled to take effect; and
    (5) The issuing carrier regularly revises its tariff to refer to the 
current edition of the referenced technical publication.

[49 FR 40869, Oct. 18, 1984, as amended at 61 FR 59366, Nov. 22, 1996; 
64 FR 46592, Aug. 26, 1999; 66 FR 16881, Mar. 28, 2001; 84 FR 65016, 
Nov. 26, 2019]



Sec.  61.83  Consecutive numbering.

    Issuing carriers should file tariff publications under consecutive 
FCC numbers. If this cannot be done, a memorandum containing an 
explanation of the missing number or numbers must be submitted. 
Supplements to a tariff must be numbered consecutively in a separate 
series.

[76 FR 43216, July 20, 2011]



Sec.  61.86  Supplements.

    An issuing carrier may not file a supplement except to suspend or 
cancel a tariff publication, or to defer the effective date of pending 
tariff revisions. A carrier may file a supplement for the voluntary 
deferral of a tariff publication.

[76 FR 43216, July 20, 2011]



Sec.  61.87  Cancellation of tariffs.

    (a) An issuing carrier may cancel an entire tariff. Cancellation of 
a tariff automatically cancels every page and supplement to that tariff 
except for the canceling Title Page or first page.
    (1) If the existing service(s) will be provided under another 
carrier's tariff, then
    (i) The issuing carrier whose tariff is being canceled must revise 
the Title Page or the first page of its tariff indicating that the 
tariff is no longer effective, or
    (ii) The issuing carrier under whose tariff the service(s) will be 
provided must revise the Title Page or first page of the tariff to be 
canceled, using the name and numbering shown in the heading of the 
tariff to be canceled, indicating that the tariff is no longer 
effective. This carrier must also file with the Commission the new 
tariff provisions reflecting the service(s) being canceled. Both filings 
must be effective on the same date and may be filed under the same 
transmittal.
    (2) If a carrier canceling its tariff intends to cease to provide 
existing service, then it must revise the Title Page or first page of 
its tariff indicating that the tariff is no longer effective.
    (3) A carrier canceling its tariff, as described in this section, 
must comply with Sec. Sec.  61.54(b)(1) and 61.54(b)(5), as applicable.
    (b) When a carrier cancels a tariff as described in this section, 
the canceling Title Page or the first page of the canceled tariff must 
show where all rates and regulations will be found except for paragraph 
(c) of this section. The Title Page or first page of the new tariff must 
indicate the name of the carrier

[[Page 405]]

and tariff number where the canceled material had been found.
    (c) When a carrier ceases to provide service(s) without a successor, 
it must cancel its tariff pursuant to the notice requirements of Sec.  
61.58, as applicable, unless otherwise authorized by the Commission.

[64 FR 46591, Aug. 26, 1999, as amended at 76 FR 43216, July 20, 2011]



                         Subpart H_Concurrences

    Source: 49 FR 40869, Oct. 18, 1984, unless otherwise noted. 
Redesignated at 76 FR 43215, July 20, 2011.



Sec.  61.131  Scope.

    Sections 61.132 through 61.136 apply to a carrier which must file 
concurrences reflecting rates and regulations for through service 
provided in conjunction with other carriers and to a carrier which has 
chosen, as an alternative to publishing its own tariff, to arrange 
concurrence in an effective tariff of another carrier. Limited or 
partial concurrences will not be permitted.



Sec.  61.132  Method of filing concurrences.

    A carrier proposing to concur in another carrier's effective tariff 
must deliver one copy of the concurrence to the issuing carrier in whose 
favor the concurrence is issued. The concurrence must be signed by an 
officer or agent of the carrier executing the concurrence, and must be 
numbered consecutively in a separate series from its FCC tariff numbers. 
At the same time the issuing carrier revises its tariff to reflect such 
a concurrence, it must file one copy of the concurrence electronically 
with the Commission in accordance with the requirements set forth in 
Sec.  61.13 through Sec.  61.17. The concurrence must bear the same 
effective date as the date of the tariff filing reflecting the 
concurrence. Carriers shall file revisions reflecting concurrences in 
their tariffs on the notice period specified in Sec.  61.58.

[76 FR 43216, July 20, 2011]



Sec.  61.133  Format of concurrences.

    (a) Concurrences must be issued in the following format:

                               Concurrence

F.C.C. Concurrence No. ____
(Cancels F.C.C. Concurrence No. __
(Name of Carrier ______)
(Post Office Address ______)
(Date) ___________ 19__.
Secretary,
Federal Communications Commission, Washington, D.C. 20554.
This is to report that (name of concurring carrier) assents to and 
concurs in the tariffs described below. (Name of concurring carrier) 
thus makes itself a party to these tariffs and obligates itself (and its 
connecting carriers) to observe every provision in them, until a notice 
of revocation is filed with the Commission and delivered to the issuing 
carrier.
This concurrence applies to interstate (and foreign) communication:
    1. Between the different points on the concurring carrier's own 
system;
    2. Between all points on the concurring carrier's system and the 
systems of its connecting carriers; and
    3. Between all points on the system of the concurring carrier and 
the systems of its connecting carriers on the one hand, and, on the 
other hand, all points on the system of the carrier issuing the tariff 
or tariffs listed below and the systems of its connecting carriers and 
other carriers with which through routes have been established.

    (Note: Any of the above numbered paragraphs may be omitted or the 
wording modified to state the points to which the concurrence applies.)

                                 Tariff

    (Here describe the tariff or tariffs concurred in by the carrier, 
specifying FCC number, title, date of issuance, and date effective. 
Example: A.B.C. Communications Company, Tariff FCC No. 1, Interstate 
Telegraph Message Service, Issued January 1, 1983, Effective April 1, 
1983).
    Cancels FCC Concurrence No.___, effective ____________, 19__.

(Name of concurring carrier)____________________________________________
By______________________________________________________________________
(Title)_________________________________________________________________

    (b) No material is to be included in a concurrence other than that 
indicated in the above-prescribed form, unless specially authorized by 
the Commission. A concurrence in any tariff so described will be deemed 
to include all amendments and successive issues which the issuing 
carrier may make and file. All such amendments and successive issues 
will be binding between customers and carriers. Between carriers 
themselves, however, the filing by

[[Page 406]]

the issuing carrier of an amendment or successive issue with the 
Commission must not imply or be construed to imply an agreement to the 
filing by concurring carriers. Such filings do not affect the 
contractual rights or remedies of any concurring carrier(s) which have 
not, by contract or otherwise, specifically consented in advance to such 
amendment or successive issue.



Sec.  61.134  Concurrences for through services.

    An issuing carrier filing rates or regulations for through services 
between points on its own system and points on another carrier's system 
(or systems), or between points on another carrier's system (or 
systems), must list all concurring, connecting or other participating 
carriers as provided in Sec.  61.54 (f), (g) and (h). A concurring 
carrier must tender a properly executed instrument of concurrence to the 
issuing carrier. If rates and regulations of the other carriers engaging 
in the through service(s) are not specified in the issuing carrier's 
tariff, that tariff must state where the other carrier's rates and 
regulations can be found. Such reference(s) must contain the FCC 
number(s) of the referenced tariff publication(s), the exact name(s) of 
the carrier(s) issuing such tariff publication(s), and must clearly 
state how the rates and regulations in the separate publications apply.

[76 FR 43216, July 20, 2011]



Sec.  61.135  Concurrences for other purposes.

    When an issuing carrier permits another carrier to concur in its 
tariff, the issuing carrier's tariff must state the concurring carrier's 
rates and points of service.



Sec.  61.136  Revocation of concurrences.

    A concurrence may be revoked by a revocation notice or cancelled by 
a new concurrence. A revocation notice or a new concurrence, if less 
broad in scope than the concurrence it cancels, must bear an effective 
date not less than 45 days after its receipt by the Commission. A 
revocation notice is not given a serial number, but must specify the 
number of the concurrence to be revoked and the name of the carrier in 
whose favor the concurrence was issued. It must be in the following 
format:

                            Revocation Notice

(Name of carrier ____________)
(Post office address ______________)
(Date) ___________, 19__.
Secretary,
Federal Communications Commission, Washington, D.C. 20554.
    Effective _____________, 19__ FCC Concurrence No. __, issued by 
(Name of concurring carrier) in favor of (Name of issuing carrier) is 
hereby cancelled and revoked. Rates and regulations of (Name of 
concurring carrier) and its connecting carriers will thereafter be found 
in Tariff FCC No. __ issued by _________ (If the concurring carrier has 
ceased operations, the revocation notice must so indicate.)

(Name of carrier)_______________________________________________________
By______________________________________________________________________
(Title)_________________________________________________________________



    Subpart I_Adoption of Tariffs and Other Documents of Predecessor 
                                Carriers



Sec.  61.171  Adoption notice.

    When a carrier's name is changed, or its operating control 
transferred from one carrier to another in whole or in part, the 
successor carrier must file tariff revisions to reflect the name change. 
The successor carrier may either immediately reissue the entire tariff 
in its own name, or immediately file an adoption notice. Within 35 days 
of filing an adoption notice, the successor must reissue the entire 
tariff in its own name. The reissued tariff must be numbered in the 
series of the successor carrier, and must contain all original pages 
without changes in regulations or rates. The transmittal letter must 
state the tariff is being filed to show a change in the carrier's name 
pursuant to Sec.  61.171 of the Commission's Rules. The adoption notice, 
if used, must read as follows:

    The (Exact name of successor carrier or receiver) here adopts, 
ratifies and makes its own in every respect, all applicable tariffs and 
amendments filed with the Federal Communications Commission by 
(predecessor) prior to (date).

[[Page 407]]



Sec.  61.172  Changes to be incorporated in tariffs of successor carrier.

    When only a portion of properties is transferred to a successor 
carrier, that carrier must incorporate in its tariff the rates applying 
locally between points on the transferred portion. Moreover, the 
predecessor carrier must simultaneously cancel the corresponding rates 
from its tariffs, and reference the FCC number of the successor 
carrier's tariff containing the rates that will thereafter apply.



                          Subpart J_Suspensions



Sec.  61.191  Carrier to file supplement when notified of suspension.

    If an issuing carrier is notified by the Commission that its tariff 
publication has been suspended, the carrier must file, within five 
business days from the release date of the suspension order, a 
consecutively numbered supplement without an effective date, which 
specifies the schedules which have been suspended.

[76 FR 43217, July 20, 2011]



Sec.  61.192  Contents of supplement announcing suspension.

    (a) A supplement announcing a suspension by the Commission must 
specify the term of suspension imposed by the Commission.
    (b) A supplement announcing a suspension of either an entire tariff 
or a part of a tariff publication, must specify the applicable tariff 
publication effective during the period of suspension.



Sec.  61.193  Vacation of suspension order; supplements announcing same; etc.

    If the Commission vacates a suspension order, the affected carrier 
must issue a supplement or revised page stating the Commission's action 
as well as the lawful schedules.



             Subpart K_Detariffing of Business Data Services

    Source: 82 FR 25711, June 2, 2017, unless otherwise noted.



Sec.  61.201  Detariffing of price cap local exchange carriers.

    (a) Price cap local exchange carriers shall remove from their 
interstate tariffs:
    (1) Any packet-based business data service;
    (2) Any circuit-based business data service above the DS3 bandwidth 
level;
    (3) Any transport services as defined in Sec.  69.801(j) of this 
chapter;
    (4) DS1 and DS3 end user channel terminations, and all other 
tariffed special access services, in any market deemed competitive as 
defined in Sec.  69.801; and
    (5) DS1 and DS3 end user channel terminations, and all other 
tariffed special access services, in any grandfathered market as defined 
in Sec.  69.801 for which the price cap local exchange carrier was 
granted Phase II pricing flexibility prior to June 2017.
    (b) The detariffing must be completed thirty-six months after August 
1, 2017, but detariffing can take place at any time before the thirty-
six months is completed.

[82 FR 25711, June 2, 2017, as amended at 84 FR 38579, Aug. 7, 2019]



Sec.  61.203  Detariffing of competitive local exchange carriers.

    (a) Competitive local exchange carriers shall remove all business 
data services from their interstate tariffs.
    (b) The detariffing must be completed by August 1, 2020.

[82 FR 25711, June 2, 2017, as amended at 84 FR 38579, Aug. 7, 2019]



  PART 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--Table of Contents



                       Extensions and Supplements

Sec.
63.01 Authority for all domestic common carriers.
63.02 Exemptions for extensions of lines and for systems for the 
          delivery of video programming.

[[Page 408]]

63.03 Streamlining procedures for domestic transfer of control 
          applications.
63.04 Filing procedures for domestic transfer of control applications.
63.09 Definitions applicable to international Section 214 
          authorizations.
63.10 Regulatory classification of U.S. international carriers.
63.11 Notification by and prior approval for U.S. international carriers 
          that are or propose to become affiliated with a foreign 
          carrier.
63.12 Processing of international Section 214 applications.
63.13 Procedures for modifying regulatory classification of U.S. 
          international carriers from dominant to non-dominant.
63.14 Prohibition on agreeing to accept special concessions.
63.16 Switched services over private lines.
63.17 Special provisions for U.S. international common carriers.
63.18 Contents of applications for international common carriers.
63.19 Special procedures for discontinuances of international services.
63.20 Electronic filing, copies required; fees; and filing periods for 
          international service providers.
63.21 Conditions applicable to all international Section 214 
          authorizations.
63.22 Facilities-based international common carriers.
63.23 Resale-based international common carriers.
63.24 Assignments and transfers of control.
63.25 Special provisions relating to temporary or emergency service by 
          international carriers.

    General Provisions Relating to All Applications Under Section 214

63.50 Amendment of applications.
63.51 Additional information.
63.52 Copies required; fees; and filing periods for domestic 
          authorizations.
63.53 Form.

            Discontinuance, Reduction, Outage and Impairment

63.60 Definitions.
63.61 Applicability.
63.62 Type of discontinuance, reduction, or impairment of telephone 
          service requiring formal application.
63.63 Emergency discontinuance, reduction, or impairment of service.
63.65 Closure of public toll station where another toll station of 
          applicant in the community will continue service.
63.66 Closure of or reduction of hours of service at telephone exchanges 
          at military establishments.
63.71 Procedures for discontinuance, reduction or impairment of service 
          by domestic carriers.
63.90 Publication and posting of notices.
63.100 Notification of service outage.

                   Contents of Applications; Examples

63.500 Contents of applications to dismantle or remove a trunk line.
63.501 Contents of applications to sever physical connection or to 
          terminate or suspend interchange of traffic with another 
          carrier.
63.504 Contents of applications to close a public toll station where no 
          other such toll station of the applicant in the community will 
          continue service and where telephone toll service is not 
          otherwise available to the public through a telephone exchange 
          connected with the toll lines of a carrier.
63.505 Contents of applications for any type of discontinuance, 
          reduction, or impairment of telephone service not specifically 
          provided for in this part.
63.601 Contents of applications for authority to reduce the hours of 
          service of public coast stations under the conditions 
          specified in Sec.  63.70.
63.602 Additional contents of applications to discontinue, reduce, or 
          impair an existing retail service as part of a technology 
          transition.

    Request for Designation as a Recognized Private Operating Agency

63.701 Contents of application.
63.702 Form.

    Authority: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 
403, 571, unless otherwise noted.

    Source: 28 FR 13229, Dec. 5, 1963, unless otherwise noted.

                       Extensions and Supplements



Sec.  63.01  Authority for all domestic common carriers.

    (a) Any party that would be a domestic interstate communications 
common carrier is authorized to provide domestic, interstate services to 
any domestic point and to construct or operate any domestic transmission 
line as long as it obtains all necessary authorizations from the 
Commission for use of radio frequencies.
    (b) Domestic common carriers subject to this section shall not 
engage in any line construction that may have a significant effect on 
the environment as defined in Sec.  1.1307 of this chapter without prior 
compliance with the

[[Page 409]]

Commission's environmental rules. See Sec.  1.1312 of this chapter.

[64 FR 39939, July 23, 1999, as amended at 67 FR 18830, Apr. 17, 2002]



Sec.  63.02  Exemptions for extensions of lines and for systems 
for the delivery of video programming.

    (a) Any common carrier is exempt from the requirements of section 
214 of the Communications Act of 1934, as amended, for the extension of 
any line.
    (b) A common carrier shall not be required to obtain a certificate 
under section 214 of the Communications Act of 1934 with respect to the 
establishment or operation of a system for the delivery of video 
programming.

[64 FR 39939, July 23, 1999]



Sec.  63.03  Streamlining procedures for domestic transfer of control applications.

    Any domestic carrier that seeks to transfer control of lines or 
authorization to operate pursuant to section 214 of the Communications 
Act of 1934, as amended, shall be subject to the following procedures:
    (a) Public notice and review period. Upon determination by the 
Common Carrier Bureau that the applicants have filed a complete 
application and that the application is appropriate for streamlined 
treatment, the Common Carrier Bureau will issue a public notice stating 
that the application has been accepted for filing as a streamlined 
application. Unless otherwise notified by the Commission, an applicant 
is permitted to transfer control of the domestic lines or authorization 
to operate on the 31st day after the date of public notice listing a 
domestic section 214 transfer of control application as accepted for 
filing as a streamlined application, but only in accordance with the 
operations proposed in its application. Comments on streamlined 
applications may be filed during the first 14 days following public 
notice, and reply comments may be filed during the first 21 days 
following public notice, unless the public notice specifies a different 
pleading cycle. All comments on streamlined applications shall be filed 
electronically, and shall satisfy such other filing requirements as may 
be specified in the public notice.
    (b) Presumptive streamlined categories. (1) The streamlined 
procedures provided in this rule shall be presumed to apply to all 
transfer of control applications in which:
    (i) Both applicants are non-facilities-based carriers;
    (ii) The transferee is not a telecommunications provider; or
    (iii) The proposed transaction involves only the transfer of the 
local exchange assets of an incumbent LEC by means other than an 
acquisition of corporate control.
    (2) Where a proposed transaction would result in a transferee having 
a market share in the interstate, interexchange market of less than 10 
percent, and the transferee would provide competitive telephone exchange 
services or exchange access services (if at all) exclusively in 
geographic areas served by a dominant local exchange carrier that is not 
a party to the transaction, the streamlined procedures provided in this 
rule shall be presumed to apply to transfer of control applications in 
which:
    (i) Neither of the applicants is dominant with respect to any 
service;
    (ii) The applicants are a dominant carrier and a non-dominant 
carrier that provides services exclusively outside the geographic area 
where the dominant carrier is dominant; or
    (iii) The applicants are incumbent independent local exchange 
carriers (as defined in Sec.  64.1902 of this chapter) that have, in 
combination, fewer than two (2) percent of the nation's subscriber lines 
installed in the aggregate nationwide, and no overlapping or adjacent 
service areas.
    (3) For purposes of (b)(1) and (2) of this paragraph, the terms 
``applicant,'' ``carrier,'' ``party,'' and ``transferee'' (and their 
plural forms) include any affiliates of such entities within the meaning 
of section 3(1) of the Communications Act of 1934, as amended.
    (c) Removal of application from streamlined processing. (1) At any 
time after an application is filed, the Commission, acting through the 
Chief of the Wireline Competition Bureau, may notify an applicant that 
its application is

[[Page 410]]

being removed from streamlined processing, or will not be subject to 
streamlined processing. Examples of appropriate circumstances for such 
action are:
    (i) An application is associated with a non-routine request for 
waiver of the Commission's rules;
    (ii) An application would, on its face, violate a Commission rule or 
the Communications Act;
    (iii) An applicant fails to respond promptly to Commission 
inquiries;
    (iv) Timely-filed comments on the application raise public interest 
concerns that require further Commission review; or
    (v) The Commission, acting through the Chief of the Wireline 
Competition Bureau, otherwise determines that the application requires 
further analysis to determine whether a proposed transfer of control 
would serve the public interest.
    (2) Notification will be by public notice that states the reason for 
removal or non-streamlined treatment, and indicates the expected 
timeframe for Commission action on the application. Except in 
extraordinary circumstances, final action on the application should be 
expected no later than 180 days from public notice that the application 
has been accepted for filing.
    (d) Pro forma transactions. (1) Any party that would be a domestic 
common carrier under section 214 of the Communications Act of 1934, as 
amended, is authorized to undertake any corporate restructuring, 
reorganization or liquidation of internal business operations that does 
not result in a change in ultimate ownership or control of the carrier's 
lines or authorization to operate, including transfers in bankruptcy 
proceedings to a trustee or to the carrier itself as a debtor-in-
possession. \1\ Under this rule, a transfer of control of a domestic 
line or authorization to operate is considered pro forma when, together 
with all previous internal corporate restructurings, the transaction 
does not result in a change in the carrier's ultimate ownership or 
control, or otherwise falls into one of the illustrative categories 
found in Sec.  63.24 of this part governing transfers of control of 
international carriers under section 214 of the Communications Act of 
1934, as amended.
---------------------------------------------------------------------------

    \1\ ``Control'' includes actual working control in whatever manner 
exercised and is not limited to majority stock ownership. ``Control'' 
also includes direct or indirect ownership or control, such as through 
intervening subsidiaries. See 47 CFR 63.09.
---------------------------------------------------------------------------

    (2) Any party that would be a domestic common carrier under section 
214 of the Communications Act of 1934, as amended, must notify the 
Commission no later than 30 days after control of the carrier is 
transferred to a trustee under Chapter 7 of the Bankruptcy Code, a 
debtor-in-possession under Chapter 11 of the Bankruptcy Code, or any 
other party pursuant to any applicable chapter of the Bankruptcy Code 
when that transfer does not result in a change in ultimate ownership or 
control of the carrier's lines or authorization to operate. The 
notification can be in the form of a letter (in duplicate to the 
Secretary). The letter or other form of notification must also contain 
the information listed in paragraphs (a)(1) through (a)(4) in Sec.  
63.04. A single letter may be filed for more than one such transfer of 
control. If a carrier files a discontinuance request within 30 days of 
the transfer in bankruptcy, the Commission will treat the discontinuance 
request as sufficient to fulfill the pro forma post-transaction notice 
requirement.
    (3) Notwithstanding any other provision in this part, any party that 
would be a domestic common carrier under section 214 of the 
Communications Act of 1934, as amended, including a carrier that begins 
providing service through a differently named subsidiary after an 
internal corporate restructuring, remains subject to all applicable 
conditions of service after an internal restructuring, such as rules 
governing slamming and tariffing.

[67 FR 18831, Apr. 17, 2002; 67 FR 21803, May 1, 2002]



Sec.  63.04  Filing procedures for domestic transfer of control applications

    (a) Domestic services only. A carrier seeking domestic section 214 
authorization for transfer of control should file an application 
containing:
    (1) The name, address and telephone number of each applicant;

[[Page 411]]

    (2) The government, state, or territory under the laws of which each 
corporate or partnership applicant is organized;
    (3) The name, title, post office address, and telephone number of 
the officer or contact point, such as legal counsel, to whom 
correspondence concerning the application is to be addressed;
    (4) The name, address, citizenship and principal business of any 
person or entity that directly or indirectly owns at least ten (10) 
percent of the equity of the applicant, and the percentage of equity 
owned by each of those entities (to the nearest one (1) percent);
    (5) Certification pursuant to Sec. Sec.  1.2001 through 1.2003 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. 853.
    (6) A description of the transaction;
    (7) A description of the geographic areas in which the transferor 
and transferee (and their affiliates) offer domestic telecommunications 
services, and what services are provided in each area;
    (8) A statement as to how the application fits into one or more of 
the presumptive streamlined categories in this section or why it is 
otherwise appropriate for streamlined treatment;
    (9) Identification of all other Commission applications related to 
the same transaction;
    (10) A statement of whether the applicants are requesting special 
consideration because either party to the transaction is facing imminent 
business failure;
    (11) Identification of any separately filed waiver requests being 
sought in conjunction with the transaction; and
    (12) A statement showing how grant of the application will serve the 
public interest, convenience and necessity, including any additional 
information that may be necessary to show the effect of the proposed 
transaction on competition in domestic markets.
    (b) Domestic/International applications for transfers of control. 
Where an applicant wishes to file a joint international section 214 
transfer of control application and domestic section 214 transfer of 
control application, the applicant should submit information that 
satisfies the requirements of Sec.  63.18, which specifies the contents 
of applications for international authorizations, together with filing 
fees that satisfy (and are in accordance with filing procedures 
applicable to) both Sec. Sec.  1.1105 and 1.1107 of this chapter. In an 
attachment to the international application, the applicant should submit 
the information described in paragraphs (a)(6) through (a)(12) of this 
section.

[67 FR 18832, Apr. 17, 2002]

    Effective Date Note: At 85 FR 76385, Nov. 27, 2020, Sec.  63.04 was 
amended by revising paragraph (a)(4), however this amendment has been 
delayed indefinitely.



Sec.  63.09  Definitions applicable to international Section 214 authorizations.

    The following definitions shall apply to Sec. Sec.  63.09-63.24 of 
this part, unless the context indicates otherwise:
    (a) Facilities-based carrier means a carrier that holds an 
ownership, indefeasible-right-of-user, or leasehold interest in bare 
capacity in the U.S. end of an international facility, regardless of 
whether the underlying facility is a common carrier or non-common 
carrier submarine cable or a satellite system.
    (b) Control includes actual working control in whatever manner 
exercised and is not limited to majority stock ownership. Control also 
includes direct or indirect control, such as through intervening 
subsidiaries.
    (c) Special concession is defined as in Sec.  63.14(b) of this part.
    (d) Foreign carrier is defined as any entity that is authorized 
within a foreign country to engage in the provision of international 
telecommunications services offered to the public in that country within 
the meaning of the International Telecommunication Regulations, see 
Final Acts of the World Administrative Telegraph and Telephone 
Conference, Melbourne, 1988 (WATTC-88), Art. 1, which includes entities 
authorized to engage in the provision of domestic telecommunications 
services if such carriers have the ability to originate or terminate 
telecommunications services to or from points outside their country.
    (e) Two entities are affiliated with each other if one of them, or 
an entity

[[Page 412]]

that controls one of them, directly or indirectly owns more than 25 
percent of the capital stock of, or controls, the other one.
    Also, a U.S. carrier is affiliated with two or more foreign carriers 
if the foreign carriers, or entities that control them, together 
directly or indirectly own more than 25 percent of the capital stock of, 
or control, the U.S. carrier and those foreign carriers are parties to, 
or the beneficiaries of, a contractual relation (e.g., a joint venture 
or market alliance) affecting the provision or marketing of 
international basic telecommunications services in the United States.
    (f) Market power means sufficient market power to affect competition 
adversely in the U.S. market.
    (g) As used in this part, the term:
    (1) Interlocking directorates shall mean persons or entities who 
perform the duties of ``officer or director'' in an authorized U.S. 
international carrier or an applicant for international Section 214 
authorization who also performs such duties for any foreign carrier.
    (2) Officer or director shall include the duties, or any of the 
duties, ordinarily performed by a director, president, vice president, 
secretary, treasurer, or other officer of a carrier.

    Note 1: The assessment of ``capital stock'' ownership will be made 
under the standards developed in Commission case law for determining 
such ownership. See, e.g., Fox Television Stations, Inc., 10 FCC Rcd 
8452 (1995). ``Capital stock'' includes all forms of equity ownership, 
including partnership interests.
    Note 2: Ownership and other interests in U.S. and foreign carriers 
will be attributed to their holders and deemed cognizable pursuant to 
the following criteria: Attribution of ownership interests in a carrier 
that are held indirectly by any party through one or more intervening 
corporations will be determined by successive multiplication of the 
ownership percentages for each link in the vertical ownership chain and 
application of the relevant attribution benchmark to the resulting 
product, except that wherever the ownership percentage for any link in 
the chain that is equal to or exceeds 50 percent or represents actual 
control, it shall be treated as if it were a 100 percent interest. For 
example, if A owns 30 percent of company X, which owns 60 percent of 
company Y, which owns 26 percent of ``carrier,''' then X's interest in 
``carrier''' would be 26 percent (the same as Y's interest because X's 
interest in Y exceeds 50 percent), and A's interest in ``carrier''' 
would be 7.8 percent (0.30 x 0.26 because A's interest in X is less than 
50 percent). Under the 25 percent attribution benchmark, X's interest in 
``carrier''' would be cognizable, while A's interest would not be 
cognizable.

[64 FR 19062, Apr. 19, 1999, as amended at 65 FR 60116, Oct. 10, 2000; 
67 FR 45390, July 9, 2002]



Sec.  63.10  Regulatory classification of U.S. international carriers.

    (a) Unless otherwise determined by the Commission, any party 
authorized to provide an international communications service under this 
part shall be classified as either dominant or non-dominant for the 
provision of particular international communications services on 
particular routes as set forth in this section. The rules set forth in 
this section shall also apply to determinations of regulatory status 
pursuant to Sec. Sec.  63.11 and 63.13. For purposes of paragraphs 
(a)(2) and (a)(3) of this section, the relevant markets on the foreign 
end of a U.S. international route include: international transport 
facilities or services, including cable landing station access and 
backhaul facilities; inter-city facilities or services; and local access 
facilities or services on the foreign end of a particular route.
    (1) A U.S. carrier that has no affiliation with, and that itself is 
not, a foreign carrier in a particular country to which it provides 
service (i.e., a destination country) shall presumptively be considered 
non-dominant for the provision of international communications services 
on that route;
    (2) Except as provided in paragraph (a)(4) of this section, a U.S. 
carrier that is, or that has or acquires an affiliation with a foreign 
carrier that is a monopoly provider of communications services in a 
relevant market in a destination country shall presumptively be 
classified as dominant for the provision of international communications 
services on that route; and
    (3) A U.S. carrier that is, or that has or acquires an affiliation 
with a foreign carrier that is not a monopoly provider of communications 
services in a relevant market in a destination country and that seeks to 
be regulated as non-dominant on that route bears the burden of 
submitting information to the

[[Page 413]]

Commission sufficient to demonstrate that its foreign affiliate lacks 
sufficient market power on the foreign end of the route to affect 
competition adversely in the U.S. market. If the U.S. carrier 
demonstrates that the foreign affiliate lacks 50 percent market share in 
the international transport and the local access markets on the foreign 
end of the route, the U.S. carrier shall presumptively be classified as 
non-dominant.
    (4) A carrier that is authorized under this part to provide to a 
particular destination an international switched service, and that 
provides such service solely through the resale of an unaffiliated U.S. 
facilities-based carrier's international switched services (either 
directly or indirectly through the resale of another U.S. resale 
carrier's international switched services), shall presumptively be 
classified as non-dominant for the provision of the authorized service. 
A carrier regulated as non-dominant pursuant to this subparagraph shall 
notify the Commission at any time that it begins to provide such service 
through the resale of an affiliated U.S. facilities-based carrier's 
international switched services. The carrier will be deemed a dominant 
carrier on the route absent a Commission finding that the carrier 
otherwise qualifies for non-dominant regulation pursuant to this 
section.
    (b) Any party that seeks to defeat the presumptions in paragraph (a) 
of this section shall bear the burden of proof upon any issue it raises 
as to the proper classification of the U.S. carrier.
    (c) Any carrier classified as dominant for the provision of 
particular services on particular routes under this section shall comply 
with the following requirements in its provision of such services on 
each such route:
    (1) Provide services as an entity that is separate from its foreign 
carrier affiliate, in compliance with the following requirements:
    (i) The authorized carrier shall maintain separate books of account 
from its affiliated foreign carrier. These separate books of account do 
not need to comply with part 32 of this chapter; and
    (ii) The authorized carrier shall not jointly own transmission or 
switching facilities with its affiliated foreign carrier. Nothing in 
this section prohibits the U.S. carrier from sharing personnel or other 
resources or assets with its foreign affiliate;
    (2) File quarterly reports on traffic and revenue within 90 days 
from the end of each calendar quarter. Such reports shall include the 
minutes completed on foreign networks; settlement payouts for call 
completion on foreign networks; foreign-billed minutes; and foreign-
billed settlement receipts.
    (3) File quarterly reports summarizing the provisioning and 
maintenance of all basic network facilities and services procured from 
its foreign carrier affiliate or from an allied foreign carrier, 
including, but not limited to, those it procures on behalf of customers 
of any joint venture for the provision of U.S. basic or enhanced 
services in which the authorized carrier and the foreign carrier 
participate, within 90 days from the end of each calendar quarter. These 
reports should contain the following: the types of circuits and services 
provided; the average time intervals between order and delivery; the 
number of outages and intervals between fault report and service 
restoration; and for circuits used to provide international switched 
service, the percentage of ``peak hour'' calls that failed to complete;
    (4) In the case of an authorized facilities-based carrier, file 
quarterly, within 90 days from the end of each calendar quarter, a 
report of its active and idle 64 kbps or equivalent circuits by facility 
(terrestrial, satellite and submarine cable).
    (5) If authorized to provide facilities-based service, comply with 
paragraph (e) of this section.
    (d) A carrier classified as dominant under this section shall file 
electronically each report required by paragraphs (c)(2) through (4) of 
this section in the International Communications Filing System (ICFS). 
Each report filed in ICFS shall clearly identify the report as 
responsive to paragraph of (c) of this section.
    (e) Except as otherwise ordered by the Commission, a carrier that is 
classified as dominant under this section

[[Page 414]]

for the provision of facilities-based services on a particular route and 
that is affiliated with a carrier that collects settlement payments for 
terminating U.S. international switched traffic at the foreign end of 
that route may not provide switched facilities-based service on that 
route unless the current rates the affiliate charges U.S. international 
carriers to terminate traffic are at or below the Commission's relevant 
benchmark adopted in IB Docket No. 96-261. See FCC 97-280 (rel. Aug. 18, 
1997) (available at the FCC's Reference Information Center located at 
the address indicated in Sec.  0.401(a) and on the FCC's website at 
https://www.fcc.gov).

[62 FR 64752, Dec. 9, 1997, as amended at 64 FR 19062, Apr. 19, 1999; 64 
FR 46593, Aug. 26, 1999; 64 FR 47702, Sept. 1, 1999; 66 FR 16881, Mar. 
28, 2001; 67 FR 45390, July 9, 2002; 78 FR 15623, Mar. 12, 2013; 82 FR 
55331, Nov. 21, 2017; 86 FR 54399, Oct. 1, 2021; 88 FR 21443, Apr. 10, 
2023]



Sec.  63.11  Notification by and prior approval for U.S. international 
carriers that are or propose to become affiliated with a foreign carrier.

    If a carrier is authorized by the Commission (``authorized 
carrier'') to provide service between the United States and a particular 
foreign destination market and it becomes, or seeks to become, 
affiliated with a foreign carrier that is authorized to operate in that 
market, then its authorization to provide that international service is 
conditioned upon notifying the Commission of that affiliation.
    (a) Affiliations requiring prior notification. Except as provided in 
paragraph (b) of this section, the authorized carrier must notify the 
Commission, pursuant to this section, forty-five days before 
consummation of either of the following types of transactions:
    (1) Acquisition by the authorized carrier, or by any entity that 
controls the authorized carrier, or by any entity that directly or 
indirectly owns more than twenty-five percent of the capital stock of 
the authorized carrier, of a controlling interest in a foreign carrier 
that is authorized to operate in a market that the carrier is authorized 
to serve; or
    (2) Acquisition of a direct or indirect interest greater than 
twenty-five percent, or of a controlling interest, in the capital stock 
of the authorized carrier by a foreign carrier that is authorized to 
operate in a market that the authorized carrier is authorized to serve, 
or by an entity that controls such a foreign carrier.
    (b) Exceptions. (1) Notwithstanding paragraph (a) of this section, 
the notification required by this section need not be filed before 
consummation, and may instead be filed pursuant to paragraph (c) of this 
section, if either of the following is true with respect to the named 
foreign carrier regardless of whether that foreign carrier is authorized 
to operate in a World Trade Organization (WTO) or non-WTO Member:
    (i) The Commission has previously determined in an adjudication that 
the foreign carrier lacks market power in that destination market (for 
example, in an international section 214 application or a declaratory 
ruling proceeding); or
    (ii) The foreign carrier owns no facilities in that destination 
market. For this purpose, a carrier is said to own facilities if it 
holds an ownership, indefeasible-right-of-user, or leasehold interest in 
bare capacity in international or domestic telecommunications facilities 
(excluding switches).
    (2) In the event paragraph (b)(1) of this section cannot be 
satisfied, notwithstanding paragraph (a) of this section, the 
notification required by this section need not be filed before 
consummation, and may instead be filed pursuant to paragraph (c) of this 
section, if the authorized carrier certifies that the named foreign 
carrier is authorized to operate in a WTO Member and provides 
certification to satisfy either of the following:
    (i) The authorized carrier demonstrates that it is entitled to 
retain non-dominant classification on its newly affiliated route 
pursuant to Sec.  63.10; or
    (ii) The authorized carrier agrees to comply with the dominant 
carrier safeguards contained in Sec.  63.10 effective upon the 
acquisition of the affiliation. See Sec.  63.10.
    (c) Notification after consummation. Any authorized carrier that 
becomes affiliated with a foreign carrier and has not previously 
notified the Commission pursuant to this section shall notify

[[Page 415]]

the Commission within thirty days after consummation of the acquisition.

    Example 1 to paragraph (c). Acquisition by an authorized carrier (or 
by any entity that directly or indirectly controls, is controlled by, or 
is under direct or indirect common control with the authorized carrier) 
of a direct or indirect interest in a foreign carrier that is greater 
than twenty-five percent but not controlling is subject to paragraph (c) 
but not to paragraph (a).
    Example 2 to paragraph (c). Notification of an acquisition by an 
authorized carrier of a hundred percent interest in a foreign carrier 
may be made after consummation, pursuant to paragraph (c), if the 
foreign carrier operates only as a resale carrier.
    Example 3 to paragraph (c). Notification of an acquisition by a 
foreign carrier from a WTO Member of a greater than twenty-five percent 
interest in the capital stock of an authorized carrier may be made after 
consummation, pursuant to paragraph (c) of this section, if the 
authorized carrier demonstrates in the post-notification that it 
qualifies for non-dominant classification on the affiliated route or 
agrees to comply with dominant carrier safeguards on the affiliated 
route effective upon the acquisition of the affiliation.

    (d) Cross-reference: In the event a transaction requiring a foreign 
carrier notification pursuant to this section also requires a transfer 
of control of assignment application pursuant to Sec.  63.24, the 
foreign carrier notification shall reference in the notification the 
transfer of control of assignment application and the date of its 
filing.
    (e) Contents of notification. The notification shall certify the 
following information:
    (1) The name of the newly affiliated foreign carrier and the country 
or countries in which it is authorized to provide telecommunications 
services to the public;
    (2) Which, if any, of those countries is a Member of the World Trade 
Organization;
    (3) What services the authorized carrier is authorized to provide to 
each named country, and the FCC file numbers under which each such 
authorization was granted;
    (4) Which, if any, of those countries the authorized carrier serves 
solely through the resale of the international switched services of 
unaffiliated U.S. facilities-based carriers;
    (5) The name, address, citizenship, and principal business of any 
person or entity that directly or indirectly owns at least ten (10) 
percent of the equity of the authorized carrier, and the percentage of 
equity owned by each of those entities (to the nearest one percent);
    (6) A certification that the authorized carrier has not agreed to 
and will not in the future agree to accept special concessions directly 
or indirectly from any foreign carrier with respect to any U.S. 
international route where the foreign carrier possesses market power on 
the foreign end of the route; and
    (7) Interlocking directorates. The name of any interlocking 
directorates, as defined in Sec.  63.09(g), with each foreign carrier 
named in the notification. See Sec.  63.09(g).
    (8) With respect to each foreign carrier named in the notification, 
a statement as to whether the notification is subject to paragraph (a) 
or (c) of this section. In the case of a notification subject to 
paragraph (a) of this section, the authorized carrier shall include the 
projected date of closing. In the case of a notification subject to 
paragraph (c) of this section, the authorized carrier shall include the 
actual date of closing.
    (9) If an authorized carrier relies on an exception in paragraph (b) 
of this section, then a certification as to which exception the foreign 
carrier satisfies and a citation to any adjudication upon which the 
carrier is relying. Authorized carriers relying upon the exceptions in 
paragraph (b)(2) of this section must make the required certified 
demonstration in paragraph (b)(2)(i) of this section or the certified 
commitment to comply with dominant carrier safeguards in paragraph 
(b)(2)(ii) of this section in the notification required by paragraph (c) 
of this section.
    (f) In order to retain non-dominant status on each newly affiliated 
route, the authorized carrier should demonstrate that it qualifies for 
non-dominant classification pursuant to Sec.  63.10. See Sec.  63.10.
    (g) Procedure. After the Commission issues a public notice of the 
submissions made under this section, interested parties may file 
comments within fourteen days of the public notice.

[[Page 416]]

    (1) If the Commission deems it necessary at any time before or after 
the deadline for submission of public comments, the Commission may 
impose dominant carrier regulation on the authorized carrier for the 
affiliated routes based on the provisions of Sec.  63.10. See Sec.  
63.10.
    (2) In the case of a prior notification filed pursuant to paragraph 
(a) of this section, the U.S. authorized carrier must demonstrate that 
it continues to serve the public interest for it to operate on the route 
for which it proposes to acquire an affiliation with the foreign carrier 
authorized to operate in the non-WTO Member country. Such a showing 
shall include a demonstration as to whether the foreign carrier lacks 
market power in the non-WTO Member country with reference to the 
criteria in Sec.  63.10(a) of this chapter. If the U.S. authorized 
carrier is unable to make the required showing in Sec.  63.10(a) of this 
chapter, the U.S. authorized carrier shall agree to comply with the 
dominant carrier safeguards contained in Sec.  63.10(c) of this chapter, 
effective upon the acquisition of the affiliation. If the U.S. 
authorized carrier is notified by the Commission that the affiliation 
may otherwise harm the public interest pursuant to the Commission's 
policies and rules, then the Commission may impose conditions necessary 
to address any public interest harms or may proceed to an immediate 
authorization revocation hearing.

    Note to paragraph (g)(2): Under Sec.  63.10(a) of this chapter, the 
Commission presumes, subject to rebuttal, that a foreign carrier lacks 
market power in a particular foreign country if the applicant 
demonstrates that the foreign carrier lacks 50 percent market share in 
international transport facilities or services, including cable landing 
station access and backhaul facilities, intercity facilities or 
services, and local access facilities or services on the foreign end of 
a particular route.

    (h) All authorized carriers are responsible for the continuing 
accuracy of information provided pursuant to this section for a period 
of forty-five (45) days after filing. During this period if the 
information furnished is no longer accurate, the authorized carrier 
shall as promptly as possible, and in any event within ten (10) days, 
unless good cause is shown, file with the Commission a corrected 
notification referencing the FCC file numbers under which the original 
notification was provided, except that the carrier shall immediately 
inform the Commission, if at any time, not limited to the forty-five 
(45) days, the representations in the ``special concessions'' 
certification provided under paragraph (e)(6) of this section or Sec.  
63.18(n) are no longer true. See Sec.  63.18(n).
    (i) A carrier that files a prior notification pursuant to paragraph 
(a) of this section may request confidential treatment of its filing, 
pursuant to Sec.  0.459 of this chapter, for the first twenty (20) days 
after filing.
    (j) Subject to the availability of electronic forms, notifications 
described in this section must be filed electronically through the 
International Communications Filing System (ICFS). A list of forms that 
are available for electronic filing can be found on the ICFS homepage. 
For information on electronic filing requirements, see Sec. Sec.  
1.10000 through 1.10018 of this chapter and the ICFS homepage at https:/
/www.fcc.gov/icfs. See also Sec. Sec.  63.20 and 63.53.

[65 FR 60116, Oct. 10, 2000, as amended at 68 FR 50973, Aug. 25, 2003; 
69 FR 29901, May 26, 2004; 70 FR 38798, July 6, 2005;79 FR 31877, June 
3, 2014; 88 FR 21443, Apr. 10, 2023]



Sec.  63.12  Processing of international Section 214 applications.

    (a) Except as provided by paragraph (c) of this section, a complete 
application seeking authorization under Sec.  63.18 of this part shall 
be granted by the Commission 14 days after the date of public notice 
listing the application as accepted for filing.
    (b) The applicant may commence operation on the 15th day after the 
date of public notice listing the application as accepted for filing, 
but only in accordance with the operations proposed in its application 
and the rules, regulations, and policies of the Commission. The public 
notice of the grant of the authorization shall represent the applicant's 
Section 214 certificate.
    (c) The streamlined processing procedures provided by paragraphs (a) 
and (b) of this section shall not apply where:
    (1) The applicant is affiliated with a foreign carrier in a 
destination market,

[[Page 417]]

unless the applicant clearly demonstrates in its application at least 
one of the following:
    (i) The Commission has previously determined that the affiliated 
foreign carrier lacks market power in that destination market;
    (ii) The applicant qualifies for a presumption of non-dominance 
under Sec.  63.10(a)(3);
    (iii) The affiliated foreign carrier owns no facilities, or only 
mobile wireless facilities, in that destination market. For this 
purpose, a carrier is said to own facilities if it holds an ownership, 
indefeasible-right-of-user, or leasehold interest in bare capacity in 
international or domestic telecommunications facilities (excluding 
switches);
    (iv) The affiliated destination market is a WTO Member country and 
the applicant qualifies for a presumption of non-dominance under Sec.  
63.10(a)(4)of this part;
    (v) The affiliated destination market is a WTO Member country and 
the applicant agrees to be classified as a dominant carrier to the 
affiliated destination country under Sec.  63.10, without prejudice to 
its right to petition for reclassification at a later date; or
    (vi) An entity with exactly the same ultimate ownership as the 
applicant has been authorized to provide the applied-for services on the 
affiliated destination route, and the applicant agrees to be subject to 
all of the conditions to which the authorized carrier is subject for its 
provision of service on that route; or
    (2) The applicant has an affiliation with a dominant U.S. carrier 
whose international switched or private line services the applicant 
seeks authority to resell (either directly or indirectly through the 
resale of another reseller's services), unless the applicant agrees to 
be classified as a dominant carrier to the affiliated destination 
country under Sec.  63.10 (without prejudice to its right to petition 
for reclassification at a later date); or
    (3) The Commission has informed the applicant in writing, within 14 
days after the date of public notice listing the application as accepted 
for filing, that the application is not eligible for streamlined 
processing.
    (d) If an application is deemed complete but, pursuant to paragraph 
(c) of this section, is deemed ineligible for the streamlined processing 
procedures provided by paragraphs (a) and (b) of this section, the 
Commission will issue public notice indicating that the application is 
ineligible for streamlined processing. Within 90 days of the public 
notice, the Commission will take action upon the application or provide 
public notice that, because the application raises questions of 
extraordinary complexity, an additional 90-day period for review is 
needed. Each successive 90-day period may be so extended. The 
application shall not be deemed granted until the Commission 
affirmatively acts upon the application. Operation for which such 
authorization is sought may not commence except in accordance with any 
terms or conditions imposed by the Commission.

[62 FR 64753, Dec. 9, 1997, as amended at 64 FR 19063, Apr. 19, 1999; 64 
FR 22903, Apr. 28, 1999; 64 FR 43095, Aug. 9, 1999; 69 FR 23154, Apr. 
28, 2004]

    Effective Date Note: At 85 FR 76385, Nov. 27, 2020, Sec.  63.12 was 
amended by redesignating paragraph (c)(3) as paragraph (c)(4) and adding 
a new paragraph (c)(3), however these amendments were delayed 
indefinitely.



Sec.  63.13  Procedures for modifying regulatory classification of
U.S. international carriers from dominant to non-dominant.

    Any party that desires to modify its regulatory status from dominant 
to non-dominant for the provision of particular international 
communications services on a particular route should provide information 
in its application to demonstrate that it qualifies for non-dominant 
classification pursuant to Sec.  63.10.

[62 FR 64754, Dec. 9, 1997]



Sec.  63.14  Prohibition on agreeing to accept special concessions.

    (a) Any carrier authorized to provide international communications 
service under this part shall be prohibited, except as provided in 
paragraph (c) of this section, from agreeing to accept special 
concessions directly or indirectly from any foreign carrier with respect 
to any U.S. international route

[[Page 418]]

where the foreign carrier possesses sufficient market power on the 
foreign end of the route to affect competition adversely in the U.S. 
market and from agreeing to accept special concessions in the future. 
Carriers may rely on the Commission's list of foreign carriers that do 
not qualify for the presumption that they lack market power in 
particular foreign points for purposes of determining which foreign 
carriers are the subject of the prohibitions contained in this section. 
The Commission's list of foreign carriers that do not qualify for the 
presumption that they lack market power is available from the Office of 
International Affairs' website at https://www.fcc.gov/international-
affairs.
    (b) A special concession is defined as an exclusive arrangement 
involving services, facilities, or functions on the foreign end of a 
U.S. international route that are necessary for the provision of basic 
telecommunications services where the arrangement is not offered to 
similarly situated U.S.-licensed carriers and involves:
    (1) Operating agreements for the provision of basic services;
    (2) Distribution arrangements or interconnection arrangements, 
including pricing, technical specifications, functional capabilities, or 
other quality and operational characteristics, such as provisioning and 
maintenance times; or
    (3) Any information, prior to public disclosure, about a foreign 
carrier's basic network services that affects either the provision of 
basic or enhanced services or interconnection to the foreign country's 
domestic network by U.S. carriers or their U.S. customers.
    (c) This section shall not apply to the rates, terms and conditions 
in an agreement between a U.S. carrier and a foreign carrier that govern 
the settlement of U.S. international traffic, including the method for 
allocating return traffic.

[62 FR 64754, Dec. 9, 1997, as amended at 64 FR 19063, Apr. 19, 1999; 64 
FR 34741, June 29, 1999; 66 FR 16881, Mar. 28, 2001; 69 FR 23154, Apr. 
28, 2004; 78 FR 11112, Feb. 15, 2013; 88 FR 21443, Apr. 10, 2023]



Sec.  63.17  Special provisions for U.S. international common carriers.

    (a) Unless otherwise prohibited by the terms of its Section 214 
certificate, a U.S. common carrier authorized under this part to provide 
international private line service, whether as a reseller or facilities-
based carrier, may interconnect its authorized private lines to the 
public switched network on behalf of an end user customer for the end 
user customer's own use.
    (b) Except as provided in paragraph (b)(4) of this section, a U.S. 
common carrier, whether a reseller or facilities-based carrier, may 
engage in ``switched hubbing'' to countries provided the carrier 
complies with the following conditions:
    (1) U.S.-outbound switched traffic shall be routed over the 
carrier's authorized U.S. international circuits extending between the 
United States and a country that is exempt from the international 
settlements policy (i.e., the ``hub'' country), and then forwarded to 
the third country only by taking at published rates and reselling the 
international message telephone service (IMTS) of a carrier in the hub 
country;
    (2) U.S.-inbound switched traffic shall be carried to a country that 
is exempt from the international settlements policy (i.e., the ``hub'' 
country) as part of the IMTS traffic flow from a third country and then 
terminated in the United States over the carrier's authorized U.S. 
international circuits extending between the United States and the hub 
country.

    Note 1 to paragraph (b): The Commission's list of international 
routes exempted from the international settlements policy is available 
on the Office of International Affairs website at https://www.fcc.gov/
international-affairs.

    (3) Authorized carriers filing tariffs pursuant to Sec. Sec.  61.19 
or 61.28 of this chapter that route U.S.-billed traffic via switched 
hubbing shall tariff their service on a ``through'' basis between the 
United States and the ultimate point of origination or termination;
    (4) No U.S. common carrier may engage in switched hubbing to or from 
a third country where it has an affiliation with a foreign carrier 
unless and until it has received authority to serve

[[Page 419]]

that country under Sec.  63.18(e)(1), (e)(2), or (e)(3).

[60 FR 67339, Dec. 29, 1995, as amended at 61 FR 15728, Apr. 9, 1996; 63 
FR 64754, Dec. 9, 1997; 64 FR 19064, Apr. 19, 1999; 66 FR 16881, Mar. 
28, 2001; 67 FR 45390, July 9, 2002; 69 FR 23154, Apr. 28, 2004; 78 FR 
11112, Feb. 15, 2013; 88 FR 21443, Apr. 10, 2023]



Sec.  63.18  Contents of applications for international common carriers.

    Except as otherwise provided in this part, any party seeking 
authority pursuant to Section 214 of the Communications Act of 1934, as 
amended, to construct a new line, or acquire or operate any line, or 
engage in transmission over or by means of such additional line for the 
provision of common carrier communications services between the United 
States, its territories or possessions, and a foreign point shall 
request such authority by formal application. The application shall 
include information demonstrating how the grant of the application will 
serve the public interest, convenience, and necessity. Such 
demonstration shall consist of the following information, as applicable:
    (a) The name, address, and telephone number of each applicant;
    (b) The Government, State, or Territory under the laws of which each 
corporate or partnership applicant is organized;
    (c) The name, title, post office address, and telephone number of 
the officer and any other contact point, such as legal counsel, to whom 
correspondence concerning the application is to be addressed;
    (d) A statement as to whether the applicant has previously received 
authority under Section 214 of the Act and, if so, a general description 
of the categories of facilities and services authorized (i.e., 
authorized to provide international switched services on a facilities 
basis);
    (e) One or more of the following statements, as pertinent:
    (1) Global facilities-based authority. If applying for authority to 
become a facilities-based international common carrier subject to Sec.  
63.22 of this part, the applicant shall:
    (i) State that it is requesting Section 214 authority to operate as 
a facilities-based carrier pursuant to Sec.  63.18(e)(1) of this part of 
the Commission's rules;
    (ii) List any countries for which the applicant does not request 
authorization under this paragraph (see Sec.  63.22(a) of this part); 
and
    (iii) Certify that it will comply with the terms and conditions 
contained in Sec. Sec.  63.21 and 63.22 of this part.
    (2) Global Resale Authority. If applying for authority to resell the 
international services of authorized common carriers subject to Sec.  
63.23, the applicant shall:
    (i) State that it is requesting Section 214 authority to operate as 
a resale carrier pursuant to Sec.  63.18(e)(2) of this section of the 
Commission's rules;
    (ii) List any countries for which the applicant does not request 
authorization under this paragraph (see Sec.  63.23(a) of this part); 
and
    (iii) Certify that it will comply with the terms and conditions 
contained in Sec. Sec.  63.21 and 63.23 of this part.
    (3) Other authorizations. If applying for authority to acquire 
facilities or to provide services not covered by paragraphs (e)(1) and 
(e)(2) of this section, the applicant shall provide a description of the 
facilities and services for which it seeks authorization. The applicant 
shall certify that it will comply with the terms and conditions 
contained in Sec. Sec.  63.21 and 63.22 and/or 63.23, as appropriate. 
Such description also shall include any additional information the 
Commission shall have specified previously in an order, public notice or 
other official action as necessary for authorization.
    (f) Applicants may apply for any or all of the authority provided 
for in paragraph (e) of this section in the same application. The 
applicant may want to file separate applications for those services not 
subject to streamlined processing under Sec.  63.12.
    (g) Where the applicant is seeking facilities-based authority under 
paragraph (e)(3) of this section, a statement whether an authorization 
of the facilities is categorically excluded as defined by Sec.  1.1306 
of this chapter. If answered affirmatively, an environmental assessment 
as described in Sec.  1.1311 of this chapter need not be filed with the 
application.

[[Page 420]]

    (h) The name, address, citizenship and principal businesses of any 
person or entity that directly or indirectly owns at least ten percent 
of the equity of the applicant, and the percentage of equity owned by 
each of those entities (to the nearest one percent). The applicant shall 
also identify any interlocking directorates with a foreign carrier.

    Note to paragraph (h): Ownership and other interests in U.S. and 
foreign carriers will be attributed to their holders and deemed 
cognizable pursuant to the following criteria: Attribution of ownership 
interests in a carrier that are held indirectly by any party through one 
or more intervening corporations will be determined by successive 
multiplication of the ownership percentages for each link in the 
vertical ownership chain and application of the relevant attribution 
benchmark to the resulting product, except that wherever the ownership 
percentage for any link in the chain that is equal to or exceeds 50 
percent or represents actual control, it shall be treated as if it were 
a 100 percent interest. For example, if A owns 30 percent of company X, 
which owns 60 percent of company Y, which owns 26 percent of 
``carrier,'' then X's interest in ``carrier'' would be 26 percent (the 
same as Y's interest because X's interest in Y exceeds 50 percent), and 
A's interest in ``carrier'' would be 7.8 percent (0.30 x 0.26 because 
A's interest in X is less than 50 percent). Under the 25 percent 
attribution benchmark, X's interest in ``carrier'' would be cognizable, 
while A's interest would not be cognizable.

    (i) A certification as to whether or not the applicant is, or is 
affiliated with, a foreign carrier. The certification shall state with 
specificity each foreign country in which the applicant is, or is 
affiliated with, a foreign carrier.
    (j) A certification as to whether or not the applicant seeks to 
provide international telecommunications services to any destination 
country for which any of the following is true. The certification shall 
state with specificity the foreign carriers and destination countries:
    (1) The applicant is a foreign carrier in that country; or
    (2) The applicant controls a foreign carrier in that country; or
    (3) Any entity that owns more than 25 percent of the applicant, or 
that controls the applicant, controls a foreign carrier in that country.
    (4) Two or more foreign carriers (or parties that control foreign 
carriers) own, in the aggregate, more than 25 percent of the applicant 
and are parties to, or the beneficiaries of, a contractual relation 
(e.g., a joint venture or market alliance) affecting the provision or 
marketing of international basic telecommunications services in the 
United States.
    (k) For any country that the applicant has listed in response to 
paragraph (j) of this section that is not a member of the World Trade 
Organization, the applicant shall make a demonstration as to whether the 
foreign carrier has market power, or lacks market power, with reference 
to the criteria in Sec.  63.10(a).

    Note to paragraph (k): Under Sec.  63.10(a), the Commission 
presumes, subject to rebuttal, that a foreign carrier lacks market power 
in a particular foreign country if the applicant demonstrates that the 
foreign carrier lacks 50 percent market share in international transport 
facilities or services, including cable landing station access and 
backhaul facilities, intercity facilities or services, and local access 
facilities or services on the foreign end of a particular route.

    (l) [Reserved]
    (m) With respect to regulatory classification under Sec.  63.10 of 
this part, any applicant that is or is affiliated with a foreign carrier 
in a country listed in response to paragraph (i) of this section and 
that desires to be regulated as non-dominant for the provision of 
particular international telecommunications services to that country 
should provide information in its application to demonstrate that it 
qualifies for non-dominant classification pursuant to Sec.  63.10 of 
this part.
    (n) A certification that the applicant has not agreed to accept 
special concessions directly or indirectly from any foreign carrier with 
respect to any U.S. international route where the foreign carrier 
possesses market power on the foreign end of the route and will not 
enter into such agreements in the future.
    (o) A certification pursuant to Sec. Sec.  1.2001 through 1.2003 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. 853a.

[[Page 421]]

    (p) If the applicant desires streamlined processing pursuant to 
Sec.  63.12, a statement of how the application qualifies for 
streamlined processing.
    (q) Any other information that may be necessary to enable the 
Commission to act on the application.
    (r) Subject to the availability of electronic forms, all 
applications described in this section must be filed electronically 
through the International Communications Filing System (ICFS). A list of 
forms that are available for electronic filing can be found on the ICFS 
homepage. For information on electronic filing requirements, see 
Sec. Sec.  1.1000 through 1.10018 of this chapter and the ICFS homepage 
at https://www.fcc.gov/icfs. See also Sec. Sec.  63.20 and 63.53.

[61 FR 15729, Apr. 9, 1996, as amended at 62 FR 32965, June 17, 1997; 62 
FR 45762, Aug. 29, 1997; 62 FR 64755, Dec. 9, 1997; 63 FR 24121, May 1, 
1998; 64 FR 19064, Apr. 19, 1999; 65 FR 60117, Oct. 10, 2000; 67 FR 
45390, July 9, 2002; 69 FR 29902, May 26, 2004; 70 FR 38798, July 6, 
2005; 72 FR 54366, Sept. 25, 2007; 78 FR 15623, Mar. 12, 2013; 79 FR 
31877, June 3, 2014; 80 FR 45898, Aug. 3, 2015; 88 FR 21443, Apr. 10, 
2023]



Sec.  63.19  Special procedures for discontinuances of international services.

    (a) With the exception of those international carriers described in 
paragraphs (b) and (c) of this section, any international carrier that 
seeks to discontinue, reduce, or impair service, including the retiring 
of international facilities, dismantling or removing of international 
trunk lines, shall be subject to the following procedures in lieu of 
those specified in Sec. Sec.  63.61 through 63.602:
    (1) The carrier shall notify all affected customers of the planned 
discontinuance, reduction or impairment at least 30 days prior to its 
planned action. Notice shall be in writing to each affected customer 
unless the Commission authorizes in advance, for good cause shown, 
another form of notice.
    (2) The carrier shall file with this Commission a copy of the 
notification on the date on which notice has been given to all affected 
customers. The filing may be made by letter (sending an original and 
five copies to the Office of the Secretary, and a copy to the Chief, 
Office of International Affairs) and shall identify the geographic areas 
of the planned discontinuance, reduction or impairment and the 
authorization(s) pursuant to which the carrier provides service.
    (b) The following procedures shall apply to any international 
carrier that the Commission has classified as dominant in the provision 
of a particular international service because the carrier possesses 
market power in the provision of that service on the U.S. end of the 
route. Any such carrier that seeks to retire international facilities, 
dismantle or remove international trunk lines, but does not discontinue, 
reduce or impair the dominant services being provided through these 
facilities, shall only be subject to the notification requirements of 
paragraph (a) of this section. If such carrier discontinues, reduces or 
impairs the dominant service, or retires facilities that impair or 
reduce the service, the carrier shall file an application pursuant to 
Sec. Sec.  63.62 and 63.500.
    (c) Commercial Mobile Radio Service (CMRS) carriers, as defined in 
Sec.  20.9 of this chapter, are not subject to the provisions of this 
section.
    (d) Subject to the availability of electronic forms, all filings 
described in this section must be filed electronically through the 
International Communications Filing System (ICFS). A list of forms that 
are available for electronic filing can be found on the ICFS homepage. 
For information on electronic filing requirements, see Sec. Sec.  1.1000 
through 1.10018 of this chapter and the ICFS homepage at https://
www.fcc.gov/icfs. See also Sec. Sec.  63.20 and 63.53.

[67 FR 45391, July 9, 2002, as amended at 70 FR 38798, July 6, 2005; 72 
FR 54366, Sept. 25, 2007; 81 FR 62656, Sept. 12, 2016; 88 FR 21443, Apr. 
10, 2023]



Sec.  63.20  Electronic filing, copies required; fees; and filing periods for international service providers.

    (a) Subject to the availability of electronic forms, all filings 
described in this section must be filed electronically through the 
International Communications Filing System (ICFS). A list of forms that 
are available for electronic filing can be found on the ICFS homepage. 
For information on electronic filing requirements, see Sec. Sec.  1.1000 
through 1.10018 of this chapter and the

[[Page 422]]

ICFS homepage at https://www.fcc.gov/icfs. Each application shall be 
accompanied by the fee prescribed in subpart G of part 1 of this 
chapter. For applications filed electronically it is not necessary to 
send the original or any copies with the fee payment. For applications 
and other filings that are not submitted electronically, an original and 
five (5) copies of the submission must be filed with the Commission. 
Upon request by the Commission, additional copies shall be furnished.
    (b) No application accepted for filing and subject to the provisions 
of Sec. Sec.  63.18, 63.62 or 63.505 of this part shall be granted by 
the Commission earlier than 28 days following issuance of public notice 
by the Commission of the acceptance for filing of such application or 
any major amendment unless said public notice specifies another time 
period, or the application qualifies for streamlined processing pursuant 
to Sec.  63.12 of this part.
    (c) No application accepted for filing and subject to the 
streamlined processing provisions of Sec.  63.12 of this part shall be 
granted by the Commission earlier than 14 days following issuance of 
public notice by the Commission of the acceptance for filing of such 
application or any major amendment unless said public notice specifies 
another time period.
    (d) Any interested party may file a petition to deny an application 
within the time period specified in the public notice listing an 
application as accepted for filing and ineligible for streamlined 
processing. The petitioner shall serve a copy of such petition on the 
applicant no later than the date of filing thereof with the Commission. 
The petition shall contain specific allegations of fact sufficient to 
show that the petitioner is a party in interest and that a grant of the 
application would be prima facie inconsistent with the public interest, 
convenience and necessity. Such allegations of fact shall, except for 
those of which official notice may be taken, be supported by affidavit 
of a person or persons with personal knowledge thereof. The applicant 
may file an opposition to any petition to deny within 14 days after the 
original pleading is filed. The petitioner may file a reply to such 
opposition within seven days after the time for filing oppositions has 
expired. Allegations of facts or denials thereof shall similarly be 
supported by affidavit. These responsive pleadings shall be served on 
the applicant or petitioner, as appropriate, and other parties to the 
proceeding.

[61 FR 15732, Apr. 9, 1996, as amended at 64 FR 19065, Apr. 19, 1999; 67 
FR 45391, July 9, 2002; 69 FR 29902, May 26, 2004; 70 FR 38798, July 6, 
2005; 88 FR 21443, Apr. 10, 2023]



Sec.  63.21  Conditions applicable to all international Section 214 authorizations.

    International carriers authorized under Section 214 of the 
Communications Act of 1934, as amended, must follow the following 
requirements and prohibitions:
    (a) Each carrier is responsible for the continuing accuracy of the 
certifications made in its application. Whenever the substance of any 
such certification is no longer accurate, the carrier shall as promptly 
as possible and, in any event, within thirty (30) days, file with the 
Commission a corrected certification referencing the FCC file number 
under which the original certification was provided. The information may 
be used by the Commission to determine whether a change in regulatory 
status may be warranted under Sec.  63.10. See also Sec.  63.11.
    (b) Carriers must file copies of operating agreements entered into 
with their foreign correspondents as specified in Sec.  43.51 of this 
chapter and shall otherwise comply with the filing requirements 
contained in that section.
    (c) Carriers regulated as dominant for the provision of a particular 
international communications service on a particular route for any 
reason other than a foreign carrier affiliation under Sec.  63.10 shall 
file tariffs pursuant to Section 203 of the Communications Act, 47 
U.S.C. 203, and part 61 of this chapter. Except as specified in Sec.  
20.15(d) of this chapter with respect to commercial mobile radio service 
providers, carriers regulated as non-dominant, as defined in Sec.  61.3 
of this chapter, and providing detariffed international services 
pursuant to Sec.  61.19 of this chapter must comply with all applicable 
public disclosure and maintenance of information

[[Page 423]]

requirements in Sec. Sec.  42.10 and 42.11 of this chapter.
    (d) [Reserved]
    (e) Authorized carriers may not access or make use of specific U.S. 
customer proprietary network information that is derived from a foreign 
network unless the carrier obtains approval from that U.S. customer. In 
seeking to obtain approval, the carrier must notify the U.S. customer 
that the customer may require the carrier to disclose the information to 
unaffiliated third parties upon written request by the customer.
    (f) Authorized carriers may not receive from a foreign carrier any 
proprietary or confidential information pertaining to a competing U.S. 
carrier, obtained by the foreign carrier in the course of its normal 
business dealings, unless the competing U.S. carrier provides its 
permission in writing.
    (g) The Commission reserves the right to review a carrier's 
authorization, and, if warranted, impose additional requirements on U.S. 
international carriers in circumstances where it appears that harm to 
competition is occurring on one or more U.S. international routes.
    (h) Subject to the requirement of Sec.  63.10 that a carrier 
regulated as dominant along a route must provide service as an entity 
that is separate from its foreign carrier affiliate, and subject to any 
other structural-separation requirement in Commission regulations, an 
authorized carrier may provide service through any wholly owned direct 
or indirect subsidiaries. The carrier must, within thirty (30) days 
after the subsidiary begins providing service, file with the Commission 
a notification referencing the authorized carrier's name and the FCC 
file numbers under which the carrier's authorizations were granted and 
identifying the subsidiary's name and place of legal organization. This 
provision shall not be construed to authorize the provision of service 
by any entity barred by statute or regulation from itself holding an 
authorization or providing service.
    (i) An authorized carrier, or a subsidiary operating pursuant to 
paragraph (h) of this section, that changes its name (including the name 
under which it is doing business) must notify the Commission within 
thirty (30) days of the name change. Such notification shall reference 
the FCC file numbers under which the carrier's authorizations were 
granted.
    (j) Subject to the availability of electronic forms, all 
notifications and other filings described in this section must be filed 
electronically through the International Communications Filing System 
(ICFS). A list of forms that are available for electronic filing can be 
found on the ICFS homepage. For information on electronic filing 
requirements, see Sec. Sec.  1.1000 through 1.10018 of this chapter and 
the ICFS homepage at https://www.fcc.gov/icfs. See also Sec. Sec.  63.20 
and 63.53.

[61 FR 15732, Apr. 9, 1996, as amended at 62 FR 45762, Aug. 29, 1997; 62 
FR 64758, Dec. 9, 1997; 64 FR 19065, Apr. 19, 1999; 66 FR 16881, Mar. 
28, 2001; 67 FR 45391, July 9, 2002; 67 FR 57344, Sept. 10, 2002; 70 FR 
38798, July 6, 2005; 78 FR 15624, Mar. 12, 2013; 82 FR 55331, Nov. 21, 
2017; 88 FR 21444, Apr. 10, 2023]



Sec.  63.22  Facilities-based international common carriers.

    The following conditions apply to authorized facilities-based 
international carriers:
    (a) A carrier authorized under Sec.  63.18(e)(1) may provide 
international facilities-based services to international points for 
which it qualifies for non-dominant regulation as set forth in Sec.  
63.10, except in the following circumstance: If the carrier is, or is 
affiliated with, a foreign carrier in a destination market and the 
Commission has not determined that the foreign carrier lacks market 
power in the destination market (see Sec.  63.10(a)), the carrier shall 
not provide service on that route unless it has received specific 
authority to do so under Sec.  63.18(e)(3).
    (b) The carrier may provide service using half-circuits on any U.S. 
common carrier and non-common carrier facilities that do not appear on 
an exclusion list published by the Commission. Carriers may also use any 
necessary non-U.S.-licensed facilities, including any submarine cable 
systems, that do not appear on the exclusion list. Carriers

[[Page 424]]

may not use U.S. earth stations to access non-U.S.-licensed satellite 
systems unless the Commission has specifically approved the use of those 
satellites and so indicates on the exclusion list. The exclusion list is 
available from the Office of International Affairs' website at https://
www.fcc.gov/international-affairs.
    (c) Specific authority under Sec.  63.18(e)(3) is required for the 
carrier to provide service using any facilities listed on the exclusion 
list, to provide service between the United States and any country on 
the exclusion list, or to construct, acquire, or operate lines in any 
new major common carrier facility project.
    (d) The carrier may provide international basic switched, private 
line, data, television and business services.
    (e) The carrier shall file annual international circuit capacity 
reports as required by Sec.  43.82 of this chapter.
    (f) The terms and conditions of any operating or other agreement 
relating to the exchange of services, interchange or routing of traffic 
and matters concerning rates, accounting rates, division of tolls, the 
allocation of return traffic, or the basis of settlement of traffic 
balances, entered into by U.S. common carriers authorized pursuant to 
this part to provide facilities-based switched voice service on the 
U.S.-Cuba route in correspondence with a Cuban carrier that does not 
qualify for the presumption that it lacks market power in Cuba, shall be 
identical to the equivalent terms and conditions in the operating 
agreement of another carrier providing the same or similar service 
between the United States and Cuba. Carriers may seek waiver of this 
requirement. See International Settlements Policy Reform, Report and 
Order, IB Docket Nos. 11-80, 05-254, 09-10, RM 11322, FCC 12-145 (rel. 
November 29, 2012).
    (g) A carrier or other party may request Commission intervention on 
any U.S. international route for which competitive problems are alleged 
by filing with the Office of International Affairs a petition, pursuant 
to this section, demonstrating anticompetitive behavior by foreign 
carriers that is harmful to U.S. customers. The Commission may also act 
on its own motion. Carriers and other parties filing complaints must 
support their petitions with evidence, including an affidavit and 
relevant commercial agreements. The Office of International Affairs will 
review complaints on a case-by-case basis and take appropriate action on 
delegated authority pursuant to Sec.  0.261 of this chapter. Interested 
parties will have 10 days from the date of issuance of a public notice 
of the petition to file comments or oppositions to such petitions and 
subsequently 7 days for replies. In the event significant, immediate 
harm to the public interest is likely to occur that cannot be addressed 
through post facto remedies, the Office of International Affairs may 
impose temporary requirements on carriers authorized pursuant to Sec.  
63.18 without prejudice to its findings on such petitions.
    (h) A carrier shall file with the Commission a list of U.S.-
international routes for which it has an arrangement with a foreign 
carrier for direct termination in the foreign destination. The carrier 
shall notify the Commission within 30 days after it adds a termination 
arrangement for a new foreign destination or discontinues arrangements 
with a previously listed destination. The list shall be filed 
electronically in accordance with instructions from the Office of 
International Affairs.
    (i) The authority granted under this part is subject to all 
Commission rules and regulations and any conditions or limitations 
stated in the Commission's public notice or order that serves as the 
carrier's Section 214 certificate. See Sec. Sec.  63.12, 63.21 of this 
part.

    (j) For purposes of this section, foreign carrier is defined in 
Sec.  63.09. For purposes of this section, a foreign carrier shall be 
considered to possess market power if it appears on the Commission's 
list of foreign carriers that do not qualify for the presumption that 
they lack market power in particular foreign points. This list is 
available on the Office of International Affairs' website at https://
www.fcc.gov/international-affairs. The Commission will include on the 
list of foreign carriers that do not qualify for the presumption

[[Page 425]]

that they lack market power in particular foreign points any foreign 
carrier that has 50 percent or more market share in the international 
transport or local access markets of a foreign point. A party that seeks 
to remove such a carrier from the Commission's list bears the burden of 
submitting information to the Commission sufficient to demonstrate that 
the foreign carrier lacks 50 percent market share in the international 
transport and local access markets on the foreign end of the route or 
that it nevertheless lacks sufficient market power on the foreign end of 
the route to affect competition adversely in the U.S. market. A party 
that seeks to add a carrier to the Commission's list bears the burden of 
submitting information to the Commission sufficient to demonstrate that 
the foreign carrier has 50 percent or more market share in the 
international transport or local access markets on the foreign end of 
the route or that it nevertheless has sufficient market power to affect 
competition adversely in the U.S. market.

[64 FR 19065, Apr. 19, 1999, as amended at 64 FR 34741, June 29, 1999; 
67 FR 45391, July 9, 2002; 69 FR 23154, Apr. 28, 2004; 78 FR 11112, Feb. 
15, 2013; 78 FR 15624, Mar. 12, 2013; 82 FR 55331, Nov. 21, 2017; 88 FR 
21444, Apr. 10, 2023]



Sec.  63.23  Resale-based international common carriers.

    The following conditions apply to carriers authorized to resell the 
international services of other authorized carriers:
    (a) A carrier authorized under Sec.  63.18(e)(2) may provide resold 
international services to international points for which the applicant 
qualifies for non-dominant regulation as set forth in Sec.  63.10, 
except that the carrier may not provide either of the following services 
unless it has received specific authority to do so under Sec.  
63.18(e)(3):
    (1) Resold switched services to a non-WTO Member country where the 
applicant is, or is affiliated with, a foreign carrier; and
    (2) Switched or private line services over resold private lines to a 
destination market where the applicant is, or is affiliated with, a 
foreign carrier and the Commission has not determined that the foreign 
carrier lacks market power in the destination market (see Sec.  
63.10(a)).
    (b) The carrier may not resell the international services of an 
affiliated carrier regulated as dominant on the route to be served 
unless it has received specific authority to do so under Sec.  
63.18(e)(3).
    (c) Subject to the limitations specified in paragraph (b) of this 
section and in Sec.  63.17(b), the carrier may provide service by 
reselling the international services of any other authorized U.S. common 
carrier or foreign carrier, or by entering into a roaming or other 
arrangement with a foreign carrier, for the provision of international 
basic switched, private line, data, television and business services to 
all international points.

    Note to paragraph (c): For purposes of this paragraph, a roaming 
arrangement with a foreign carrier is defined as an arrangement under 
which the subscribers of a U.S. commercial mobile radio service provider 
use the facilities of a foreign carrier with which the subscriber has no 
direct pre-existing service or financial relationship to place a call 
from the foreign country to the United States.

    (d) The carrier may provide switched basic services over its 
authorized resold private lines in either of the following two 
circumstances:
    (1) The country at the foreign end of the private line appears on 
the Commission's list of international routes exempted from the 
international settlements policy set forth in Sec.  64.1002 of this 
chapter; or
    (2) The carrier is exchanging switched traffic with a foreign 
carrier that lacks market power in the country at the foreign end of the 
private line. A foreign carrier lacks market power for purposes of this 
section if it does not appear on the Commission's list of foreign 
carriers that do not qualify for the presumption that they lack market 
power in particular foreign points.

    Note 2 to paragraph (d): The Commission's list of international 
routes exempted from the international settlements policy, and the 
Commission's list of foreign carriers that do not qualify for the 
presumption that they lack market power in particular foreign points are 
available on the Office of International Affairs' website at https://
www.fcc.gov/international-affairs.


[[Page 426]]


    (e) The authority granted under this part is subject to all 
Commission rules and regulations and any conditions or limitations 
stated in the Commission's public notice or order that serves as the 
carrier's Section 214 certificate. See Sec. Sec.  63.12, 63.21 of this 
part.

[64 FR 19066, Apr. 19, 1999, as amended at 64 FR 34741, June 29, 1999; 
67 FR 45391, July 9, 2002; 69 FR 23154, Apr. 28, 2004; 72 FR 54366, 
Sept. 25, 2007; 76 FR 42573, July 19, 2011; 88 FR 21444, Apr. 10, 2023]



Sec.  63.24  Assignments and transfers of control.

    (a) General. Except as otherwise provided in this section, an 
international section 214 authorization may be assigned, or control of 
such authorization may be transferred by the transfer of control of any 
entity holding such authorization, to another party, whether voluntarily 
or involuntarily, directly or indirectly, only upon application to and 
prior approval by the Commission.
    (b) Assignments. For purposes of this section, an assignment of an 
authorization is a transaction in which the authorization is assigned 
from one entity to another entity. Following an assignment, the 
authorization is held by an entity other than the one to which it was 
originally granted.

    Note to paragraph (b): The sale of a customer base, or a portion of 
a customer base, by a carrier to another carrier, is a sale of assets 
and shall be treated as an assignment, which requires prior Commission 
approval under this section.

    (c) Transfers of control. For purposes of this section, a transfer 
of control is a transaction in which the authorization remains held by 
the same entity, but there is a change in the entity or entities that 
control the authorization holder. A change from less than 50 percent 
ownership to 50 percent or more ownership shall always be considered a 
transfer of control. A change from 50 percent or more ownership to less 
than 50 percent ownership shall always be considered a transfer of 
control. In all other situations, whether the interest being transferred 
is controlling must be determined on a case-by-case basis with reference 
to the factors listed in Note to paragraph (c).
    (d) Pro forma assignments and transfers of control. Transfers of 
control or assignments that do not result in a change in the actual 
controlling party are considered non-substantial or pro forma. Whether 
there has been a change in the actual controlling party must be 
determined on a case-by-case basis with reference to the factors listed 
in Note 1 to this paragraph (d). The types of transactions listed in 
Note 2 to this paragraph (d) shall be considered presumptively pro forma 
and prior approval from the Commission need not be sought.

    Note 1 to paragraph (d): Because the issue of control inherently 
involves issues of fact, it must be determined on a case-by-case basis 
and may vary with the circumstances presented by each case. The factors 
relevant to a determination of control in addition to equity ownership 
include, but are not limited to the following: power to constitute or 
appoint more than fifty percent of the board of directors or partnership 
management committee; authority to appoint, promote, demote and fire 
senior executives that control the day-to-day activities of the 
licensee; ability to play an integral role in major management decisions 
of the licensee; authority to pay financial obligations, including 
expenses arising out of operations; ability to receive monies and 
profits from the facility's operations; and unfettered use of all 
facilities and equipment.
    Note 2 to paragraph (d): If a transaction is one of the types listed 
further, the transaction is presumptively pro forma and prior approval 
need not be sought. In all other cases, the relevant determination shall 
be made on a case-by-case basis. Assignment from an individual or 
individuals (including partnerships) to a corporation owned and 
controlled by such individuals or partnerships without any substantial 
change in their relative interests; Assignment from a corporation to its 
individual stockholders without effecting any substantial change in the 
disposition of their interests; Assignment or transfer by which certain 
stockholders retire and the interest transferred is not a controlling 
one; Corporate reorganization that involves no substantial change in the 
beneficial ownership of the corporation (including re-incorporation in a 
different jurisdiction or change in form of the business entity); 
Assignment or transfer from a corporation to a wholly owned direct or 
indirect subsidiary thereof or vice versa, or where there is an 
assignment from a corporation to a corporation owned or controlled by 
the assignor stockholders without substantial change in their interests; 
or Assignment of less than a controlling interest in a partnership.


[[Page 427]]


    (e) Applications for substantial transactions. (1) In the case of an 
assignment or transfer of control shall of an international section 214 
authorization that is not pro forma, the proposed assignee or transferee 
must apply to the Commission for authority prior to consummation of the 
proposed assignment or transfer of control.
    (2) The application shall include the information requested in 
paragraphs (a) through (d) of Sec.  63.18 for both the transferor/
assignor and the transferee/assignee. The information requested in 
paragraphs (h) through (p) of Sec.  63.18 is required only for the 
transferee/assignee. At the beginning of the application, the applicant 
shall include a narrative of the means by which the proposed transfer or 
assignment will take place.
    (3) The Commission reserves the right to request additional 
information as to the particulars of the transaction to aid it in making 
its public interest determination.
    (4) An assignee or transferee must notify the Commission no later 
than thirty (30) days after either consummation of the proposed 
assignment or transfer of control, or a decision not to consummate the 
proposed assignment or transfer of control. The notification shall 
identify the file numbers under which the initial authorization and the 
authorization of the assignment or transfer of control were granted.
    (f) Notifications for non-substantial or pro forma transactions. (1) 
In the case of a pro forma assignment or transfer of control, the 
section 214 authorization holder is not required to seek prior 
Commission approval.
    (2) A pro forma assignee or a carrier that is subject to a pro forma 
transfer of control must file a notification with the Commission no 
later than thirty (30) days after the assignment or transfer is 
completed. The notification must contain the following:
    (i) The information requested in paragraphs (a) through (d) and (h) 
of Sec.  63.18 for the transferee/assignee;
    (ii) A certification that the transfer of control or assignment was 
pro forma and that, together with all previous pro forma transactions, 
does not result in a change in the actual controlling party.
    (3) A single notification may be filed for an assignment or transfer 
of control of more than one authorization if each authorization is 
identified by the file number under which it was granted.
    (4) Upon release of a public notice granting a pro forma assignment 
or transfer of control, petitions for reconsideration under Sec.  1.106 
of this chapter or applications for review under Sec.  1.115 of this 
chapter of the Commission's rules may be filed within 30 days. 
Petitioner should address why the assignment or transfer of control in 
question should have been filed under paragraph (e) of this section 
rather than under this paragraph (f).
    (g) Involuntary assignments or transfers of control. In the case of 
an involuntary assignment or transfer of control to: a bankruptcy 
trustee appointed under involuntary bankruptcy; an independent receiver 
appointed by a court of competent jurisdiction in a foreclosure action; 
or, in the case of death or legal disability, to a person or entity 
legally qualified to succeed the deceased or disabled person under the 
laws of the place having jurisdiction over the estate involved; the 
applicant must make the appropriate filing no later than 30 days after 
the event causing the involuntary assignment or transfer of control.
    (h) Electronic filing. Subject to the availability of electronic 
forms, all applications and notifications described in this section must 
be filed electronically through the International Communications Filing 
System (ICFS). A list of forms that are available for electronic filing 
can be found on the ICFS homepage. For information on electronic filing 
requirements, see Sec. Sec.  1.10000 through 1.10018 of this chapter and 
the ICFS homepage at https://www.fcc.gov/icfs. See also Sec. Sec.  63.20 
and 63.53.

[67 FR 45391, July 9, 2002, as amended at 70 FR 38799, July 6, 2005; 72 
FR 54366, Sept. 25, 2007; 88 FR 21444, Apr. 10, 2023]



Sec.  63.25  Special provisions relating to temporary or emergency
service by international carriers.

    (a) For the purpose of this section the following definitions shall 
apply:
    (1) Temporary service shall mean service for a period not exceeding 
6 months;

[[Page 428]]

    (2) Emergency service shall mean service for which there is an 
immediate need occasioned by conditions unforeseen by, and beyond the 
control of, the carrier.
    (b) Applicants seeking immediate authorization to provide temporary 
service or emergency service must file their request with the 
Commission. Requests must set forth why such immediate authority is 
required; the nature of the emergency; the type of facilities proposed 
to be used; the route kilometers thereof; the terminal communities to be 
served, and airline kilometers between such communities; how these 
points are currently being served by the applicant or other carriers; 
the need for the proposed service; the cost involved, including any 
rentals, the date on which the service is to begin, and where known, the 
date or approximate date on which the service to is terminate.
    (c) Without regard to the other requirements of this part, and by 
application setting forth the need therefore, any carrier may request 
continuing authority, subject to termination by the Commission at any 
time upon ten (10) days' notice to the carrier, to provide temporary or 
emergency service by the construction or installation of facilities 
where the estimated construction, installation, and acquisition costs do 
not exceed $35,000 or an annual rental of not more than $7,000 provided 
that such project does not involve a major action under the Commission's 
environmental rules. (See subpart I of part 1 of this chapter.) Any 
carrier to which continuing authority has been granted under this 
paragraph shall, not later than the 30th day following the end of each 
6-month period covered by such authority, file with the Commission a 
statement making reference to this paragraph and setting forth, with 
respect to each project (construction, installation, lease, including 
any renewals thereof), which was commenced or, in the case of leases, 
entered into under such authority, and renewal or renewals thereof which 
were in continuous effect for a period of more than one week, the 
following information:
    (1) The type of facility constructed, installed, or leased;
    (2) The route kilometers thereof (excluding leased facilities);
    (3) The terminal communities served and the airline kilometers 
between terminal communities in the proposed project;
    (4) The cost thereof, including construction, installation, or 
lease;
    (5) Where appropriate, the name of the lessor company, and the dates 
of commencement and termination of the lease.
    (d)(1) A request may be made by any carrier for continuing authority 
to lease and operate, during any emergency when its regular facilities 
become inoperative or inadequate to handle its traffic, facilities or 
any other carrier between points between which applicant is authorized 
to communicate by radio for the transmission of traffic which applicant 
is authorized to handle.
    (2) Such request shall make reference to this paragraph and set 
forth the points between which applicant desires to operate facilities 
of other carriers and the nature of the traffic to be handled.
    (3) Continuing authority for the operation thereafter of such 
alternate facilities during emergencies shall be deemed granted 
effective as of the 21st day following the filing of the request unless 
on or before that date the Commission shall notify the applicant to the 
contrary: provided, however, Applicant shall, not later than the 30th 
day following the end of each quarter in which it has operated 
facilities of any other carrier pursuant to authority granted under this 
paragraph, file with the Commission a statement in writing making 
reference to this paragraph and describing each occasion during the 
quarter when it has operated such facilities, giving dates, points 
between which such facilities were located, hours or minutes used, 
nature of traffic handled, and reasons why its own facilities could not 
be used.
    (e) Subject to the availability of electronic forms, all 
applications and notifications described in this section must be filed 
electronically through the International Communications Filing System 
(ICFS). A list of forms that are available for electronic filing can be

[[Page 429]]

found on the ICFS homepage. For information on electronic filing 
requirements, see Sec. Sec.  1.1000 through 1.10018 of this chapter and 
the ICFS homepage at https://www.fcc.gov/icfs. See also Sec. Sec.  63.20 
and 63.53.

(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[28 FR 13229, Dec. 5, 1963, as amended at 41 FR 20662, May 20, 1976; 58 
FR 44906, Aug. 25, 1993. Redesignated and amended at 64 FR 39939, July 
23, 1999; 69 FR 29902, May 26, 2004; 70 FR 38799, July 6, 2005; 88 FR 
21444, Apr. 10, 2023]

    General Provisions Relating to All Applications Under Section 214



Sec.  63.50  Amendment of applications.

    Any application may be amended as a matter of right prior to the 
date of any final action taken by the Commission or designation for 
hearing. Amendments to applications shall be signed and submitted in the 
same manner, and with the same number of copies as was the original 
application. If a petition to deny or other formal objections have been 
filed to the application, the amendment shall be served on the parties.

(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20662, May 20, 1976]



Sec.  63.51  Additional information.

    (a) You must provide additional information if the Commission 
requests you to do so after it initially reviews your application or 
request.
    (b) If you do not respond to the request or other official 
correspondence, the Commission may dismiss your application without 
prejudice and you may file again with a completed application.
    (c) Any additional information which the Commission may require must 
be submitted in the same manner as was the original filing. For 
information on filing requirements, see Sec. Sec.  1.1000 through 
1.10018 of this chapter and the ICFS homepage at https://www.fcc.gov/
icfs, and Sec.  63.20.

[69 FR 29902, May 26, 2004, as amended at 70 FR 38799, July 6, 2005; 88 
FR 21444, Apr. 10, 2023]



Sec.  63.52  Copies required; fees; and filing periods for domestic authorizations.

    (a) Applications filed under section 214 of the Communications Act 
for domestic authority must be filed electronically with the Commission 
through the Electronic Comment Filing System (ECFS). Each domestic 
transfer of control application shall be accompanied by the fee 
prescribed in subpart G of part 1 of this chapter.
    (b) No application accepted for filing and subject to part 63 of 
these rules, unless provided for otherwise, shall be granted by the 
Commission earlier than 30 days following issuance of public notice by 
the Commission of the acceptance for filing of such application or any 
major amendment unless said public notice specifies another time period.
    (c) Any interested party may file a petition to deny an application 
within the 30-day or other time period specified in paragraph (b) of 
this section. The petitioner shall serve a copy of such petition on the 
applicant via electronic mail or paper copy no later than the date of 
filing thereof with the Commission. The petition shall contain specific 
allegations of fact sufficient to show that the petitioner is a party in 
interest and that a grant of the application would be prima facie 
inconsistent with the public interest, convenience and necessity. Such 
allegations of fact shall, except for those of which official notice may 
be taken, be supported by affidavit of a person or persons with personal 
knowledge thereof. The applicant may file an opposition to any petition 
to deny, and the petitioners may file a reply to such opposition (see 
Sec.  1.45 of this chapter), and allegations of facts or denials thereof 
shall similarly be supported by affidavit. These responsive pleadings 
shall be served on the applicant or petitioners, as appropriate, and 
other parties to the proceeding.

(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20662, May 20, 1976; 41 FR 22274, June 2, 1976, as amended at 42 
FR 36459, July 15, 1977; 61 FR 10476, Mar. 14, 1996; 61 FR 59201, Nov. 
21, 1996; 64 FR 39939, July 23, 1999; 80 FR 1588, Jan. 13, 2015]

[[Page 430]]



Sec.  63.53  Form.

    (a) Applications for international service under section 214 of the 
Communications Act must be filed electronically with the Commission. 
Subject to the availability of electronic forms, all applications and 
other filings described in this section must be filed electronically 
through the International Communications Filing System (ICFS). A list of 
forms that are available for electronic filing can be found on the ICFS 
homepage. For information on electronic filing requirements, see 
Sec. Sec.  1.10000 through 1.10018 of this chapter and the ICFS homepage 
at https://www.fcc.gov/icfs.
    (b) Applications for domestic service under section 214 of the 
Communications Act must be filed electronically with the Commission. For 
applications filed electronically and subject to a processing fee it is 
not necessary to send the original or any copies with the fee payment. 
Unless specified otherwise all applications and other filings described 
in this section must be filed electronically through the ``Submit a Non-
Docketed Filing'' module of the Commission's Electronic Comment Filing 
System. For information on electronic filing requirements, see the ECFS 
homepage at http://apps.fcc.gov/ecfs/. See also Sec.  63.52.
    (c) Applications submitted under Section 214 of the Communications 
Act for international services and any related pleadings that are in a 
foreign language shall be accompanied by a certified translation in 
English.

[61 FR 15733, Apr. 9, 1996, as amended at 67 FR 45392, July 9, 2002; 69 
FR 29902, May 26, 2004; 70 FR 38799, July 6, 2005; 80 FR 1588, Jan. 13, 
2015; 85 FR 17285, Mar. 27, 2020; 88 FR 21444, Apr. 10, 2023]

            Discontinuance, Reduction, Outage and Impairment



Sec.  63.60  Definitions.

    For the purposes of this part, the following definitions shall 
apply:
    (a) For the purposes of Sec. Sec.  63.60 through 63.90, the term 
``carrier,'' when used to refer either to all telecommunications 
carriers or more specifically to non-dominant telecommunications 
carriers, shall include interconnected VoIP providers.
    (b) Discontinuance, reduction, or impairment of service includes, 
but is not limited to the following:
    (1) The closure by a carrier of a telephone exchange rendering 
interstate or foreign telephone toll service, a public toll station 
serving a community or part of a community, or a public coast station as 
defined in Sec.  80.5 of this chapter;
    (2) The reduction in hours of service by a carrier at a telephone 
exchange rendering interstate or foreign telephone toll service, at any 
public toll station (except at a toll station at which the availability 
of service to the public during any specific hours is subject to the 
control of the agent or other persons controlling the premises on which 
such office or toll station is located and is not subject to the control 
of such carrier), or at a public coast station; the term reduction in 
hours of service does not include a shift in hours which does not result 
in any reduction in the number of hours of service.
    (3) The conversion of an interconnected VoIP service to a service 
that permits users to receive calls that originate on the public 
switched telephone network but not terminate calls to the public 
switched telephone network, or the converse.
    (4) The dismantling or removal from service of any trunk line by a 
carrier which has the effect of impairing the adequacy or quality of 
service rendered to any community or part of a community;
    (5) The severance by a carrier of physical connection with another 
carrier (including connecting carriers as defined in section 3(u) of the 
Communications Act of 1934, as amended) or the termination or suspension 
of the interchange of traffic with such other carrier;
    (c) Emergency discontinuance, reduction, or impairment of service 
means any discontinuance, reduction, or impairment of the service of a 
carrier occasioned by conditions beyond the control of such carrier 
where the original service is not restored or comparable service is not 
established within a reasonable time. For the purpose of this part, a 
reasonable time shall be deemed

[[Page 431]]

to be a period not in excess of the following: 10 days in the case of 
public coast stations; and 60 days in all other cases.
    (d) Grandfather means to maintain the provision of a service to 
existing customers while ceasing to offer that service to new customers.
    (e) The term ``interconnected VoIP provider'' is an entity that 
provides interconnected VoIP service as that term is defined in Sec.  
9.3 of this chapter.
    (f) Public toll station means a public telephone station, located in 
a community, through which a carrier provides service to the public, and 
which is connected directly to a toll line operated by such carrier.
    (g) For the purposes of Sec. Sec.  63.60 through 63.90, the term 
``service,'' when used to refer to a real-time, two-way voice 
communications service, shall include interconnected VoIP service as 
that term is defined in Sec.  9.3 of this chapter but shall not include 
any interconnected VoIP service that is a ``mobile service'' as defined 
in Sec.  20.3 of this chapter.
    (h) You. In this section, ``You'' refers to applicants and 
licensees.
    (i) The term ``technology transition'' means any change in service 
that would result in the replacement of a wireline TDM-based voice 
service with a service using a different technology or medium for 
transmission to the end user, whether internet Protocol (IP), wireless, 
or another type; except that retirement of copper, as defined in Sec.  
51.325(a)(3) of this chapter, that does not result in a discontinuance, 
reduction, or impairment of service requiring Commission authorization 
pursuant to this part shall not constitute a ``technology transition'' 
for purposes of this part.

[28 FR 13229, Dec. 5, 1963, as amended at 45 FR 6585, Jan. 29, 1980; 51 
FR 31305, Sept. 2, 1986; 69 FR 29902, May 26, 2004; 74 FR 39563, Aug. 7, 
2009; 81 FR 62656, Sept. 12, 2016; 82 FR 48777, Oct. 20, 2017; 82 FR 
61478, Dec. 28, 2017; 85 FR 84265, Dec. 28, 2020]



Sec.  63.61  Applicability.

    Any carrier subject to the provisions of section 214 of the 
Communications Act of 1934, as amended, proposing to discontinue, reduce 
or impair interstate or foreign telephone service to a community, or a 
part of a community, shall request authority therefor by formal 
application or informal request as specified in the pertinent sections 
of this part:
    (a) Provided, however, that where service is expanded on an 
experimental basis for a temporary period of not more than 6 months, no 
application shall be required to reduce service to its status prior to 
such expansion but a written notice shall be filed with the Commission 
within 10 days of the reduction showing:
    (1) The date on which, places at which, and extent to which service 
was expanded; and,
    (2) The date on which, places at which, and extent to which such 
expansion of service was discontinued.
    (b) And provided further that a licensee of a radio station who has 
filed an application for authority to discontinue service provided by 
such station shall during the period that such application is pending 
before the Commission, continue to file appropriate applications as may 
be necessary for extension or renewal of station license in order to 
provide legal authorization for such station to continue in operation 
pending final action on the application for discontinuance of service. 
Procedures for discontinuance, reduction or impairment of service by 
dominant and non-dominant, domestic carriers are in Sec.  63.71. 
Procedures for discontinuance, reduction or impairment of international 
services are in Sec.  63.19.

[71 FR 65751, Nov. 9, 2006, as amended at 82 FR 48777, Oct. 20, 2017]



Sec.  63.62  Type of discontinuance, reduction, or impairment of telephone service requiring formal application.

    Authority for the following types of discontinuance, reduction, or 
impairment of service shall be requested by formal application 
containing the information required by the Commission in the appropriate 
sections to this part, except as provided in paragraph (c) of this 
section, or in emergency cases (as defined in Sec.  63.60(b)) as 
provided in Sec.  63.63:
    (a) The dismantling or removal of a trunk line (for contents of 
application see Sec.  63.500) for all domestic carriers and

[[Page 432]]

for dominant international carriers except as modified in Sec.  63.19;
    (b) The severance of physical connection or the termination or 
suspension of the interchange of traffic with another carrier (for 
contents of application, see Sec.  63.501);
    (c) [Reserved]
    (d) The closure of a public toll station where no other such toll 
station of the applicant in the community will continue service (for 
contents of application, see Sec.  63.504): Provided, however, That no 
application shall be required under this part with respect to the 
closure of a toll station located in a community where telephone toll 
service is otherwise available to the public through a telephone 
exchange connected with the toll lines of a carrier;
    (e) Any other type of discontinuance, reduction or impairment of 
telephone service not specifically provided for by other provisions of 
this part (for contents of application, see Sec.  63.505);
    (f) An application may be filed requesting authority to make a type 
of reduction in service under specified standards and conditions in lieu 
of individual applications for each instance coming within the type of 
reduction in service proposed.

[28 FR 13229, Dec. 5, 1963, as amended at 45 FR 6585, Jan. 29, 1980; 60 
FR 35509, July 10, 1995; 61 FR 15733, Apr. 9, 1996]



Sec.  63.63  Emergency discontinuance, reduction, or impairment of service.

    (a) Application for authority for emergency discontinuance, 
reduction, or impairment of service shall be made by electronically 
filing an informal request through the ``Submit a Non-Docketed Filing'' 
module of the Commission's Electronic Comment Filing System. Such 
requests shall be made as soon as practicable but not later than 15 days 
in the case of public coast stations, or 65 days in all other cases, 
after the occurrence of the conditions which have occasioned the 
discontinuance, reduction, or impairment. The request shall make 
reference to this section and show the following:
    (1) The effective date of such discontinuance, reduction, or 
impairment, and the identification of the service area affected;
    (2) The nature and estimated duration of the conditions causing the 
discontinuance, reduction, or impairment;
    (3) The facts showing that such conditions could not reasonably have 
been foreseen by the carrier in sufficient time to prevent such 
discontinuance, reduction, or impairment;
    (4) A description of the service involved;
    (5) The nature of service which will be available or substituted;
    (6) The effect upon rates to any person in the community;
    (7) The efforts made and to be made by applicant to restore the 
original service or establish comparable service as expeditiously as 
possible.
    (b) Authority for the emergency discontinuance, reduction, or 
impairment of service for a period of 60 days shall be deemed to have 
been granted by the Commission effective as of the date of the filing of 
the request unless, on or before the 15th day after the date of filing, 
the Commission shall notify the carrier to the contrary. Renewal of such 
authority may be requested by letter or telegram, filed with the 
Commission not later than 10 days prior to the expiration of such 60-day 
period, making reference to this section and showing that such 
conditions may reasonably be expected to continue for a further period 
and what efforts the applicant has made to restore the original or 
establish comparable service. If the same or comparable service is 
reestablished before the termination of the emergency authorization, the 
carrier shall notify the Commission promptly. However, the Commission 
may, upon specific request of the carrier and upon a proper showing, 
contained in such informal request, authorize such discontinuance, 
reduction, or impairment of service for an indefinite period or 
permanently.

[28 FR 13229, Dec. 5, 1963, as amended at 45 FR 6585, Jan. 29, 1980; 80 
FR 1588, Jan. 13, 2015]



Sec.  63.65  Closure of public toll station where another
toll station of applicant in the community will continue service.

    (a) Except in emergency cases (as defined in Sec.  63.60(b) and as 
provided in Sec.  63.63), authority to close a public toll

[[Page 433]]

station in a community in which another toll station of the applicant 
will continue service shall be requested by an informal request, filed 
in quintuplicate, making reference to this paragraph and showing the 
following:
    (1) Location of toll station to be closed and distance from nearest 
toll station to be retained;
    (2) Description of service area affected, including approximate 
population and character of the business of the community;
    (3) Average number of toll telephone messages sent-paid and 
received-collect for the preceding six months;
    (4) [Reserved]
    (5) Statement of reasons for desiring to close the station.
    (b) Authority for closures requested under paragraph (a) of this 
section shall be deemed to have been granted by the Commission effective 
as of the 15th day following the date of filing such request unless, on 
or before the 15th day, the Commission shall notify the carrier to the 
contrary.

[28 FR 13229, Dec. 5, 1963, as amended at 82 FR 48777, Oct. 20, 2017]



Sec.  63.66  Closure of or reduction of hours of service at telephone
exchanges at military establishments.

    Where a carrier desires to close or reduce hours of service at a 
telephone exchange located at a military establishment because of the 
deactivation of such establishment, it may, in lieu of filing formal 
application, file in quintuplicate an informal request. Such request 
shall make reference to this section and shall set forth the class of 
office, address, date of proposed closure or reduction, description of 
service to remain or be substituted, statement as to any difference in 
charges to the public, and the reasons for the proposed closure or 
reduction. Authority for such closure or reduction shall be deemed to 
have been granted by the Commission, effective as of the 15th day 
following the date of filing of such request, unless, on or before the 
15th day, the Commission shall notify the carrier to the contrary.

[45 FR 6585, Jan. 29, 1980]



Sec.  63.71  Procedures for discontinuance, reduction or
impairment of service by domestic carriers.

    Any domestic carrier that seeks to discontinue, reduce or impair 
service shall be subject to the following procedures:
    (a) The carrier shall notify all affected customers of the planned 
discontinuance, reduction, or impairment of service and shall notify and 
submit a copy of its application to the public utility commission and to 
the Governor of the State in which the discontinuance, reduction, or 
impairment of service is proposed; to any federally-recognized Tribal 
Nations with authority over the Tribal lands in which the 
discontinuance, reduction, or impairment of service is proposed; and 
also to the Secretary of Defense, Attn. Special Assistant for 
Telecommunications, Pentagon, Washington, DC 20301. Notice shall be in 
writing to each affected customer unless the Commission authorizes in 
advance, for good cause shown, another form of notice. For purposes of 
this section, notice by email constitutes notice in writing. Notice 
shall include the following:
    (1) Name and address of carrier;
    (2) Date of planned service discontinuance, reduction or impairment;
    (3) Points of geographic areas of service affected;
    (4) Brief description of type of service affected; and
    (5) One of the following statements:
    (i) If the carrier is non-dominant with respect to the service being 
discontinued, reduced or impaired, the notice shall state: The FCC will 
normally authorize this proposed discontinuance of service (or reduction 
or impairment) unless it is shown that customers would be unable to 
receive service or a reasonable substitute from another carrier or that 
the public convenience and necessity is otherwise adversely affected. If 
you wish to object, you should file your comments as soon as possible, 
but no later than 15 days after the Commission releases public notice of 
the proposed discontinuance. You may file your comments electronically 
through the FCC's Electronic Comment Filing System using the docket 
number established in the Commission's public notice for this 
proceeding, or

[[Page 434]]

you may address them to the Federal Communications Commission, Wireline 
Competition Bureau, Competition Policy Division, Washington, DC 20554, 
and include in your comments a reference to the Sec.  63.71 Application 
of (carrier's name). Comments should include specific information about 
the impact of this proposed discontinuance (or reduction or impairment) 
upon you or your company, including any inability to acquire reasonable 
substitute service.
    (ii) If the carrier is dominant with respect to the service being 
discontinued, reduced or impaired, the notice shall state: The FCC will 
normally authorize this proposed discontinuance of service (or reduction 
or impairment) unless it is shown that customers would be unable to 
receive service or a reasonable substitute from another carrier or that 
the public convenience and necessity is otherwise adversely affected. If 
you wish to object, you should file your comments as soon as possible, 
but no later than 30 days after the Commission releases public notice of 
the proposed discontinuance. You may file your comments electronically 
through the FCC's Electronic Comment Filing System using the docket 
number established in the Commission's public notice for this 
proceeding, or you may address them to the Federal Communications 
Commission, Wireline Competition Bureau, Competition Policy Division, 
Washington, DC 20554, and include in your comments a reference to the 
Sec.  63.71 Application of (carrier's name). Comments should include 
specific information about the impact of this proposed discontinuance 
(or reduction or impairment) upon you or your company, including any 
inability to acquire reasonable substitute service.
    (6) For applications to discontinue, reduce, or impair an existing 
retail service as part of a technology transition, as defined in Sec.  
63.60(i), except for applications meeting the requirements of paragraph 
(f)(2)(ii) of this section, in order to be eligible for automatic grant 
under paragraph (f) of this section:
    (i) A statement that any service offered in place of the service 
being discontinued, reduced, or impaired may not provide line power;
    (ii) The information required by Sec.  12.5(d)(1) of this chapter;
    (iii) A description of any security responsibilities the customer 
will have regarding the replacement service; and
    (iv) A list of the steps the customer may take to ensure safe use of 
the replacement service.
    (b) If a carrier uses email to provide notice to affected customers, 
it must comply with the following requirements in addition to the 
requirements generally applicable to the notice:
    (1) The carrier must have previously obtained express, verifiable, 
prior approval from retail customers to send notices via email regarding 
their service in general, or planned discontinuance, reduction, or 
impairment in particular;
    (2) A carrier must ensure that the subject line of the message 
clearly and accurately identifies the subject matter of the email; and
    (3) Any email notice returned to the carrier as undeliverable will 
not constitute the provision of notice to the customer.
    (c) The carrier shall file with this Commission, on or after the 
date on which notice has been given to all affected customers, an 
application which shall contain the following:
    (1) Caption--``Section 63.71 Application'';
    (2) Information listed in Sec.  63.71(a) (1) through (4) above;
    (3) Brief description of the dates and methods of notice to all 
affected customers;
    (4) Whether the carrier is considered dominant or non-dominant with 
respect to the service to be discontinued, reduced or impaired; and
    (5) Any other information the Commission may require.
    (d) [Reserved]
    (e) Discontinuance applications and all related attachments to the 
application filed under this section shall be filed through the ``Submit 
a Non-Docketed Filing'' module of the Commission's Electronic Comment 
Filing System.
    (f)(1) The application to discontinue, reduce, or impair service, if 
filed by a domestic, non-dominant carrier, or any carrier meeting the 
requirements of paragraph (f)(2)(ii) of this section, shall be 
automatically granted on the 31st

[[Page 435]]

day after its filing with the Commission without any Commission 
notification to the applicant unless the Commission has notified the 
applicant that the grant will not be automatically effective. The 
application to discontinue, reduce, or impair service, if filed by a 
domestic, dominant carrier, shall be automatically granted on the 60th 
day after its filing with the Commission without any Commission 
notification to the applicant unless the Commission has notified the 
applicant that the grant will not be automatically effective. For 
purposes of this section, an application will be deemed filed on the 
date the Commission releases public notice of the filing.
    (2) An application to discontinue, reduce, or impair an existing 
retail service as part of a technology transition, as defined in Sec.  
63.60(i), may be automatically granted only if:
    (i) The applicant provides affected customers with the notice 
required under paragraph (a)(6) of this section, and the application 
contains the showing or certification described in Sec.  63.602(b); or
    (ii) The applicant:
    (A) Offers a stand-alone interconnected VoIP service, as defined in 
Sec.  9.3 of this chapter, throughout the affected service area, and
    (B) At least one other alternative stand-alone facilities-based 
wireline or wireless voice service is available from another 
unaffiliated provider throughout the affected service area.
    (iii) For purposes of this paragraph (f)(2), ``stand-alone'' means 
that a customer is not required to purchase a separate broadband service 
to access the voice service.
    (g) Notwithstanding any other provision of this section, a carrier 
is not required to file an application to discontinue, reduce, or impair 
a service for which the requesting carrier has had no customers or 
reasonable requests for service during the 30-day period immediately 
preceding the discontinuance.
    (h) An application to discontinue, reduce, or impair an existing 
retail service as part of a technology transition, as defined in Sec.  
63.60(i), except for an application meeting the requirements of 
paragraphs (f)(2)(ii) and (k) of this section, shall contain the 
information required by Sec.  63.602. The certification or showing 
described in Sec.  63.602(b) is only required if the applicant seeks 
eligibility for automatic grant under paragraph (f)(2)(i) of this 
section.
    (i) An application to discontinue, reduce, or impair a service filed 
by a competitive local exchange carrier in response to a copper 
retirement notice filed pursuant to Sec.  51.333 of this chapter shall 
be automatically granted on the effective date of the copper retirement; 
provided that:
    (1) The competitive local exchange carrier submits the application 
to the Commission for filing at least 40 days prior to the copper 
retirement effective date; and
    (2) The application includes a certification, executed by an officer 
or other authorized representative of the applicant and meeting the 
requirements of Sec.  1.16 of this chapter, that the copper retirement 
is the basis for the application.
    (j) Procedures for discontinuance, reduction or impairment of 
international services are in Sec.  63.19.
    (k) Notwithstanding paragraphs (a)(5), (a)(6), and (f) of this 
section, the following requirements apply to applications for legacy 
voice services or data services operating at speeds lower than 1.544 
Mbps:
    (1) Where any carrier, dominant or non-dominant, seeks to:
    (i) Grandfather any legacy voice service;
    (ii) Grandfather any data service operating at speeds lower than 
1.544 Mbps; or
    (iii) Discontinue, reduce, or impair a legacy data service operating 
at speeds lower than 1.544 Mbps that has been grandfathered for a period 
of no less than 180 days consistent with the criteria established in 
paragraph (k)(2) of this section, the notice shall state:
    The FCC will normally authorize this proposed discontinuance of 
service (or reduction or impairment) unless it is shown that customers 
would be unable to receive service or a reasonable substitute from 
another carrier or that the public convenience and necessity is 
otherwise adversely affected. If you wish to object, you should file 
your comments as soon as possible, but no

[[Page 436]]

later than 10 days after the Commission releases public notice of the 
proposed discontinuance. You may file your comments electronically 
through the FCC's Electronic Comment Filing System using the docket 
number established in the Commission's public notice for this 
proceeding, or you may address them to the Federal Communications 
Commission, Wireline Competition Bureau, Competition Policy Division, 
Washington, DC 20554, and include in your comments a reference to the 
Sec.  63.71 Application of (carrier's name). Comments should include 
specific information about the impact of this proposed discontinuance 
(or reduction or impairment) upon you or your company, including any 
inability to acquire reasonable substitute service.
    (2) For applications to discontinue, reduce, or impair a legacy data 
service operating at speeds lower than 1.544 Mbps that has been 
grandfathered for a period of no less than 180 days, in order to be 
eligible for automatic grant under paragraph (k)(4) of this section, an 
applicant must include in its application a statement confirming that it 
received Commission authority to grandfather the service at issue at 
least 180 days prior to filing the current application.
    (3) An application filed by any carrier seeking to grandfather any 
legacy voice service or to grandfather any data service operating at 
speeds lower than 1.544 Mbps for existing customers shall be 
automatically granted on the 25th day after its filing with the 
Commission without any Commission notification to the applicant unless 
the Commission has notified the applicant that the grant will not be 
automatically effective.
    (4) An application filed by any carrier seeking to discontinue, 
reduce, or impair a legacy data service operating at speeds lower than 
1.544 Mbps that has been grandfathered for 180 days or more preceding 
the filing of the application, shall be automatically granted on the 
31st day after its filing with the Commission without any Commission 
notification to the applicant, unless the Commission has notified the 
applicant that the grant will not be automatically effective.
    (l) Notwithstanding paragraphs (a)(5), (a)(6), and (f) of this 
section, the following requirements apply to applications for data 
services operating at or above 1.544 Mbps in both directions but below 
25 Mbps download, and 3 Mbps upload, provided that the carrier offers 
alternative fixed data services in the affected service area at speeds 
of at least 25 Mbps download and 3 Mbps upload:
    (1) Where any carrier, dominant or non-dominant, seeks to:
    (i) Grandfather such data service; or
    (ii) Discontinue, reduce, or impair such data service that has been 
grandfathered for a period of no less than 180 days consistent with the 
criteria established in paragraph (l)(2) of this section, the notice to 
all affected customers shall state:
    The FCC will normally authorize this proposed discontinuance of 
service (or reduction or impairment) unless it is shown that customers 
would be unable to receive service or a reasonable substitute from 
another carrier or that the public convenience and necessity is 
otherwise adversely affected. If you wish to object, you should file 
your comments as soon as possible, but no later than 10 days after the 
Commission releases public notice of the proposed discontinuance. You 
may file your comments electronically through the FCC's Electronic 
Comment Filing System using the docket number established in the 
Commission's public notice for this proceeding, or you may address them 
to the Federal Communications Commission, Wireline Competition Bureau, 
Competition Policy Division, Washington, DC 20554, and include in your 
comments a reference to the Sec.  63.71 Application of (carrier's name). 
Comments should include specific information about the impact of this 
proposed discontinuance (or reduction or impairment) upon you or your 
company, including any inability to acquire reasonable substitute 
service.
    (2) For applications to discontinue, reduce, or impair such data 
service that has been grandfathered for a period of no less than 180 
days, in order to be eligible for automatic grant under paragraph (l)(4) 
of this section, an applicant must include in its application

[[Page 437]]

a statement confirming that it received Commission authority to 
grandfather the service at issue at least 180 days prior to filing the 
current application.
    (3) An application seeking to grandfather such a data service shall 
be automatically granted on the 25th day after its filing with the 
Commission without any Commission notification to the applicant unless 
the Commission has notified the applicant that the grant will not be 
automatically effective.
    (4) An application seeking to discontinue, reduce, or impair such a 
data service that has been grandfathered under this section for 180 days 
or more preceding the filing of the application, shall be automatically 
granted on the 31st day after its filing with the Commission without any 
Commission notification to the applicant, unless the Commission has 
notified the applicant that the grant will not be automatically 
effective.

[64 FR 39939, July 23, 1999, as amended at 71 FR 65751, Nov. 9, 2006; 73 
FR 56741, Sept. 30, 2008; 80 FR 1588, Jan. 13, 2015; 80 FR 63373, Oct. 
19, 2015; 81 FR 62656, Sept. 12, 2016; 82 FR 25711, June 2, 2017; 82 FR 
61478, Dec. 28, 2017; 83 FR 31675, July 9, 2018]



Sec.  63.90  Publication and posting of notices.

    (a) Immediately upon the filing of an application or informal 
request (except a request under Sec.  63.71) for authority to close or 
otherwise discontinue the operation, or reduce the hours of service at a 
telephone exchange (except an exchange located at a military 
establishment), the applicant shall post a public notice at least 51 cm 
by 61 cm (20 inches by 24 inches), with letter of commensurate size, in 
a conspicuous place in the exchange affected, and also in the window of 
any such exchange having window space fronting on a public street at 
street level. Such notice shall be posted at least 14 days and shall 
contain the following information, as may be applicable:
    (1) Date of first posting of notice;
    (2) Name of applicant;
    (3) A statement that application has been made to the Federal 
Communications Commission;
    (4) Date when application was filed in the Commission;
    (5) A description of the discontinuance, reduction, or impairment of 
service for which authority is sought including the address or other 
appropriate identification of the exchange or station involved;
    (6) If applicant proposes to reduce hours of service, a description 
of present and proposed hours of service;
    (7) A complete description of the substitute service, if any, to be 
provided if the application is granted.
    (8) A statement that any member of the public desiring to protest or 
support the application may communicate in writing with the Federal 
Communications Commission, Washington, DC 20554, on or before a 
specified date which shall be 20 days from the date of first posting of 
the notice.
    (b) Immediately upon the filing of an application or informal 
request of the nature described in paragraph (a) of this section, the 
applicant shall also cause to be published a notice of not less than 10 
column centimeters (4 column inches) in size containing information 
similar to that specified in paragraph (a), at least once during each of 
2 consecutive weeks, in some newspaper of general circulation in the 
community or part of the community affected.
    (c) Immediately upon the filing of an application or informal 
request or upon the filing of a formal application to close a public 
toll station (except a toll station located at a military 
establishment), applicant shall post a public notice at least A3 (29.7 
cm x 42.0 cm) or 11 in x 17 in (27.9 cm x 43.2 cm) in size as provided 
in paragraph (a) of this section or, in lieu thereof, applicant shall 
cause to be published a newspaper notice as provided in paragraph (b) of 
this section.
    (d) Immediately upon the filing of any application or informal 
request for authority to discontinue, reduce, or impair service, or any 
notice of resumption of service under Sec.  63.63(b), the applicant 
shall give written notice of the filing together with a copy of such 
application to the State Commission (as defined in section 3(t) of the 
Communications Act of 1934, as amended) of

[[Page 438]]

each State in which any discontinuance, reduction or impairment is 
proposed.
    (e) When the posting, publication, and notification as required in 
paragraphs (a), (b), (c) and (d) of this section have been completed, 
applicant shall report such fact to the Commission, stating the name of 
the newspaper in which publication was made, the name of the Commissions 
notified, and the dates of posting, publication, and notification.

[45 FR 6585, Jan. 29, 1980, as amended at 45 FR 76169, Nov. 18, 1980; 58 
FR 44907, Aug. 25, 1993; 60 FR 35510, July 10, 1995]



Sec.  63.100  Notification of service outage.

    The requirements for communications providers concerning 
communications disruptions and the filing of outage reports are set 
forth in part 4 of this chapter.

[69 FR 70342, Dec. 3, 2004]

                   Contents of Applications; Examples



Sec.  63.500  Contents of applications to dismantle or remove a trunk line.

    The application shall contain:
    (a) The name and address of each applicant;
    (b) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (c) Nature of proposed discontinuance, reduction, or impairment;
    (d) Identification of community or part of community involved and 
date on which applicant desires to make proposed discontinuance, 
reduction, or impairment effective; if for a temporary period only, 
indicate the approximate period for which authorization is desired;
    (e) Proposed new tariff listing, if any, and difference, if any, 
between present charges to the public and charges for the service to be 
substituted;
    (f) Description of the service area affected including population 
and general character of business of the community;
    (g) Name of any other carrier or carriers providing telephone 
service to the community;
    (h) Statement of the reasons for proposed discontinuance, reduction, 
or impairment;
    (i) Statement of the factors showing that neither present nor future 
public convenience and necessity would be adversely affected by the 
granting of the application;
    (j) Description of any previous discontinuance, reduction, or 
impairment of service to the community affected by the application, 
which has been made by the applicant during the 12 months preceding 
filing of application, and statement of any present plans for future 
discontinuance, reduction, or impairment of service to such community;
    (k) A map or sketch showing:
    (1) Routes of line proposed to be removed from service and of 
alternate lines, if any, to be retained;
    (2) Type and ownership of structures (open wire, aerial cable, 
underground cable, carrier systems, etc.);
    (3) Cities and towns along routes with approximate population of 
each, and route kilometers between the principal points;
    (4) Location of important operating centers and repeater or relay 
points;
    (5) State boundary lines through which the facilities extend;
    (l) A wire chart showing, for both the line proposed to be removed 
and the alternate lines to be retained, the regular and normal 
assignment of each wire, its method of operation, the number of channels 
and normal assignment of each;
    (m) The number of wires or cables to be removed and the kind, size, 
and length of each;
    (n) A complete statement showing how the traffic load on the line 
proposed to be removed will be diverted to other lines and the adequacy 
of such other lines to handle the increased load.

[28 FR 13229, Dec. 5, 1963, as amended at 58 FR 44907, Aug. 25, 1993; 82 
FR 48777, Oct. 20, 2017]



Sec.  63.501  Contents of applications to sever physical
connection or to terminate or suspend interchange of traffic
with another carrier.

    The application shall contain:

[[Page 439]]

    (a) The name and address of each applicant;
    (b) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (c) Nature of the proposed change;
    (d) Identification of community or part of community involved and 
date on which applicant desires to make proposed discontinuance, 
reduction, or impairment effective; if for a temporary period only, 
indicate the approximate period for which authorization is desired;
    (e) Proposed new tariff listing, if any, and differences, if any, 
between present charges to the public and charges for the service to be 
substituted;
    (f) Description of the service area affected including population 
and general character of business of the community;
    (g) Name of any other carrier or carriers providing telephone 
service to the community;
    (h) Statement of the reasons for proposed discontinuance, reduction, 
or impairment;
    (i) Statement of the factors showing that neither present nor future 
public convenience and necessity would be adversely affected by the 
granting of the application;
    (j) Description of any previous discontinuance, reduction, or 
impairment of service to the community affected by the application, 
which has been made by the applicant during the 12 months preceding 
filing of application, and statement of any present plans for future 
discontinuance, reduction, or impairment of service to such community;
    (k) Name of other carrier;
    (l) Points served through such physical connection or interchange;
    (m) Description of the service involved;
    (n) Statement as to how points served by means of such physical 
connection or interchange will be served thereafter;
    (o) Amount of traffic interchanged for each month during preceding 
6-month period;
    (p) Statement as to whether severance of physical connection or 
termination or suspension of interchange of traffic is being made with 
consent of other carrier.

[28 FR 13229, Dec. 5, 1963, as amended at 82 FR 48777, Oct. 20, 2017]



Sec.  63.504  Contents of applications to close a public toll station 
where no other such toll station of the applicant in the community
will continue service 
          and where telephone toll service is not otherwise available to 
          the public through a telephone exchange connected with the 
          toll lines of a carrier.

    The application shall contain:
    (a) The name and address of each applicant;
    (b) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (c) Nature of proposed discontinuance, reduction, or impairment;
    (d) Identification of community or part of community involved and 
date on which applicant desires to make proposed discontinuance, 
reduction, or impairment effective; if for a temporary period only, 
indicate the approximate period for which authorization is desired;
    (e) Proposed new tariff listing, if any, and difference, if any, 
between present charges to the public and charges for the service to be 
substituted, if any;
    (f) Description of the service area affected including population 
and general character of business of the community;
    (g) Name of other carrier or carriers, if any, which will provide 
toll station service in the community;
    (h) Statement of the reasons for proposed discontinuance, reduction, 
or impairment;
    (i) Statement of the factors showing that neither present nor future 
public convenience and necessity would be adversely affected by the 
granting of the application;
    (j) Description of any previous discontinuance, reduction, or 
impairment of service to the community affected by the application, 
which has been made by the applicant during the 12 months preceding 
filing of application, and statement of any present plans for future 
discontinuance, reduction, or impairment of service to such community;

[[Page 440]]

    (k) Description of the service involved, including a statement of 
the number of toll telephone messages sent-paid and received-collect, 
and the revenues from such traffic, in connection with the service 
proposed to be discontinued for each of the past 6 months; and, if the 
volume of such traffic handled in the area has decreased during recent 
years, the reasons therefor.

[28 FR 13229, Dec. 5, 1963, as amended at 82 FR 48777, Oct. 20, 2017]



Sec.  63.505  Contents of applications for any type of discontinuance, 
reduction, or impairment of telephone service not specifically provided
for in this part.

    The application shall contain:
    (a) The name and address of each applicant;
    (b) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (c) Nature of proposed discontinuance, reduction, or impairment;
    (d) Identification of community or part of community involved and 
date on which applicant desires to make proposed discontinuance, 
reduction or impairment effective, if for a temporary period only, 
indicate the approximate period for which authorization is desired;
    (e) Proposed new tariff listing, if any, and difference, if any, 
between present charges to the public and charges for the service to be 
substituted;
    (f) Description of the service area affected including population 
and general character of business of the community;
    (g) Name of any other carrier or carriers providing telephone 
service to the community;
    (h) Statement of the reasons for proposed discontinuance, reduction, 
or impairment;
    (i) Statement of the factors showing that neither present nor future 
public convenience and necessity would be adversely affected by the 
granting of the application;
    (j) Description of any previous discontinuance, reduction, or 
impairment of service to the community affected by the application, 
which has been made by the applicant during the 12 months preceding 
filing of application, and statement of any present plans for future 
discontinuance, reduction, or impairment of service to such community;
    (k) Description of the service involved, including:
    (1) Existing telephone service by the applicant available to the 
community or part thereof involved;
    (2) Telephone service (available from applicant or others) which 
would remain in the community or part thereof involved in the event the 
application is granted;
    (l) A statement of the number of toll messages sent-paid and 
received-collect and the revenues from such traffic in connection with 
the service proposed to be discontinued, reduced, or impaired for each 
of the past 6 months; and, if the volume of such traffic handled in the 
area has decreased during recent years, the reasons therefor.

[45 FR 6586, Jan. 29, 1980]



Sec.  63.601  Contents of applications for authority to reduce the 
hours of service of public coast stations under the conditions 
specified in Sec.  63.70.

                         F.C.C. File No. T_D___

                                                    Month ____ Year ____
________________________________________________________________________
                                                     (Name of applicant)
________________________________________________________________________
                                                  (Address of applicant)

    In the matter of Proposed Reduction in Hours of Service of a Public 
Coast Station Pursuant to Sec.  63.70 of the Commission's rules.

Data regarding public coast station_____________________________________

                                                      (Call and address)
Present hours:
 Monday through Friday__________________________________________________
 Saturday_______________________________________________________________
 Sunday_________________________________________________________________
Proposed hours:
 Monday through Friday__________________________________________________
 Saturday_______________________________________________________________
 Sunday_________________________________________________________________
Proposed effective time and date of change

Average number of messages handled for month of ________, 19__

 during total hours to be deleted_______________________________________

 during maximum hour to be deleted______________________________________


[[Page 441]]

________________________________________________________________________
    Data regarding substitute service to be provided by other public 
coast stations available and capable of providing service to the 
community affected, or in the marine area served by the public coast 
station involved:

------------------------------------------------------------------------
                                                    Hours of service
                                              --------------------------
     Station call and location       Operated   Monday
                                        by       thru   Saturday  Sunday
                                                Friday
------------------------------------------------------------------------
 
 
 
------------------------------------------------------------------------



Sec.  63.602  Additional contents of applications to discontinue,
reduce, or impair an existing retail service as part of a technology
transition.

    (a) The application shall include:
    (1) The contents specified in Sec.  63.505 of this part;
    (2) A statement identifying the application as involving a 
technology transition, as defined in Sec.  63.60(i);
    (3) Information regarding the price of the service for which 
discontinuance authority is sought and the price of the proposed 
replacement service; and
    (4) A certification, executed by an officer or other authorized 
representative of the applicant and meeting the requirements of Sec.  
1.16 of this chapter, that the information required by this section is 
true and accurate.
    (b) In order to be eligible for automatic grant under Sec.  63.71(f) 
of this part, an applicant must demonstrate that a service(s) identified 
pursuant to Sec.  63.505(k)(2) of this part is an adequate replacement 
for the voice service identified pursuant to Sec.  63.505(k)(1) of this 
part by either certifying or showing, based on the totality of the 
circumstances, that one or more replacement service(s) satisfies all of 
the following criteria:
    (1) Offers substantially similar levels of network infrastructure 
and service quality as the service being discontinued;

    Note to paragraph (b)(1): For purposes of this section, 
``substantially similar'' means that the network operates at a 
sufficient level such that it will allow the network platform to ensure 
adequate service quality for interactive and highly-interactive 
applications or services, in particular voice service quality, and 
support applications and functionalities that run on those services.

    (2)(i) Complies with regulations regarding the availability and 
functionality of 911 service for consumers and public safety answering 
points (PSAPs), specifically Sec. Sec.  1.7001 through .7002, 9.5, 12.4, 
12.5, 20.18, 20.3, 64.3001 of this chapter;
    (ii) Offers comparably effective protection from network security 
risks as the service being discontinued; and
    (iii) Complies with regulations governing accessibility, usability, 
and compatibility requirements for:
    (A) Telecommunications services and functionalities;
    (B) Voicemail and interactive menu functionalities; and
    (C) Advanced communications services, specifically 47 CFR 6.1 
through 6.11, 7.1 through 7.11, 14.1 through 14.21, 14.60 through 14.61; 
and
    (3) Offers interoperability with key applications and 
functionalities.

[81 FR 62656, Sept. 12, 2016, as amended at 85 FR 84266, Dec. 28, 2020]

    Request for Designation as a Recognized Private Operating Agency



Sec.  63.701  Contents of application.

    Except as otherwise provided in this part, any party requesting 
designation as a recognized operating agency within the meaning of the 
International Telecommunication Convention shall file a request for such 
designation with the Commission. A request for designation as a 
recognized operating agency within the meaning of the International 
Telecommunication Convention shall include a statement of the nature of 
the services to be provided and a statement that the party is aware that 
it is obligated under Article 6 of the ITU Constitution to obey the 
mandatory provisions thereof, and all regulations promulgated 
thereunder, and a pledge that it will engage in no conduct or operations 
that contravene such mandatory provisions and that it will otherwise 
obey the Convention and regulations in all respects. The party must also 
include a statement that it is aware that failure to comply will result 
in an order from the Federal Communications Commission to cease and 
desist from future violations of an ITU regulation and may result in 
revocation of its recognized operating agency

[[Page 442]]

status by the United States Department of State. Such statement must 
include the following information where applicable:
    (a) The name and address of each applicant;
    (b) The Government, State, or Territory under the laws of which each 
corporate applicant is organized;
    (c) The name, title and post office address of the officer of a 
corporate applicant, or representative of a non-corporate applicant, to 
whom correspondence concerning the application is to be addressed;
    (d) A statement of the ownership of a non-corporate applicant, or 
the ownership of the stock of a corporate applicant, including an 
indication whether the applicant or its stock is owned directly or 
indirectly by an alien;
    (e) A copy of each corporate applicant's articant's articles of 
incorporation (or its equivalent) and of its corporate bylaws;
    (f) A statement whether the applicant is a carrier subject to 
section 214 of the Communications Act, an operator of broadcast or other 
radio facilities, licensed under title III of the Act, capable of 
causing harmful interference with the radio transmissions of other 
countries, or a non-carrier provider of services classed as ``enhanced'' 
under Sec.  64.702(a);
    (g) A statement that the services for which designated as a 
recognized private operating agency is sought will be extended to a 
point outside the United States or are capable of causing harmful 
interference of other radio transmission and a statement of the nature 
of the services to be provided;
    (h) A statement setting forth the points between which the services 
are to be provided; and
    (i) A statement as to whether covered services are provided by 
facilities owned by the applicant, by facilities leased from another 
entity, or other arrangement and a description of the arrangement.
    (j) Subject to the availability of electronic forms, all filings 
described in this section must be filed electronically through the 
International Communications Filing System (ICFS). A list of forms that 
are available for electronic filing can be found on the ICFS homepage. 
For information on electronic filing requirements, see Sec. Sec.  1.1000 
through 1.10018 of this chapter and the ICFS homepage at https://
www.fcc.gov/icfs. See also Sec. Sec.  63.20 and 63.53.

[51 FR 18448, May 20, 1986, as amended at 69 FR 29902, May 26, 2004; 70 
FR 38800, July 6, 2005; 88 FR 21445, Apr. 10, 2023]



Sec.  63.702  Form.

    Application under Sec.  63.701 shall be submitted in the form 
specified in Sec.  63.53 for applications under section 214 of the 
Communications Act.

[51 FR 18448, May 20, 1986]



PART 64_MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
--Table of Contents



Subpart A [Reserved]

      Subpart B_Restrictions on Indecent Telephone Message Services

64.201 Restrictions on indecent telephone message services.

Subpart C [Reserved]

   Subpart D_Procedures for Handling Priority Services in Emergencies

64.401 Policies and procedures for provisioning and restoring certain 
          telecommunications services in emergencies.
64.402 Policies and procedures for the provision of Wireless Priority 
          Service by wireless service providers.

Subpart E [Reserved]

    Subpart F_Telecommunications Relay Services and Related Customer 
            Premises Equipment for Persons With Disabilities

64.601 Definitions and provisions of general applicability.
64.602 Jurisdiction.
64.603 Provision of services.
64.604 Mandatory minimum standards.
64.605 [Reserved]
64.606 Internet-based TRS provider and TRS program certification.
64.607 Furnishing related customer premises equipment.
64.608 Provision of hearing aid compatible telephones by exchange 
          carriers.
64.609 Enforcement of related customer premises equipment rules.
64.610 Establishment of a National Deaf-Blind Equipment Distribution 
          Program.
64.611 Internet-based TRS registration.

[[Page 443]]

64.613 Numbering directory for Internet-based TRS users.
64.615 TRS User Registration Database and administrator.
64.619 VRS Access Technology Reference Platform and administrator.
64.621 Interoperability and portability.
64.623 Administrator requirements.
64.630 Applicability of change of default TRS provider rules.
64.631 Verification of orders for change of default TRS providers.
64.632 Letter of authorization form and content.
64.633 Procedures for resolution of unauthorized changes in default 
          provider.
64.634 Procedures where the Fund has not yet reimbursed the provider.
64.635 Procedures where the Fund has already reimbursed the provider.
64.636 Prohibition of default provider freezes.
64.640 Compensation for IP Relay.

    Subpart G_Furnishing of Enhanced Services and Customer-Premises 
Equipment by Communications Common Carriers; Telephone Operator Services

64.702 Furnishing of enhanced services and customer-premises equipment.
64.703 Consumer information.
64.704 Call blocking prohibited.
64.705 Restrictions on charges related to the provision of operator 
          services.
64.706 Minimum standards for the routing and handling of emergency 
          telephone calls.
64.707 Public dissemination of information by providers of operator 
          services.
64.708 Definitions.
64.709 Informational tariffs.
64.710 Operator services for prison inmate phones.

   Subpart H_Extension of Unsecured Credit for Interstate and Foreign 
        Communications Services to Candidates for Federal Office

64.801 Purpose.
64.802 Applicability.
64.803 Definitions.
64.804 Rules governing the extension of unsecured credit to candidates 
          or persons on behalf of such candidates for Federal office for 
          interstate and foreign common carrier communication services.

                      Subpart I_Allocation of Costs

64.901 Allocation of costs.
64.902 Transactions with affiliates.
64.903 Cost allocation manuals.
64.904 Independent audits.
64.905 Annual certification.

 Subpart J_Recovery of Investments and Expenses in Regulated Interstate 
                                 Rates.

64.1000 Scope.
64.1001 Purpose.
64.1002 Investments and expenses.

   Subpart K_Changes in Preferred Telecommunications Service Providers

64.1100 Definitions.
64.1110 State notification of election to administer FCC rules.
64.1120 Verification of orders for telecommunications service.
64.1130 Letter of agency form and content.
64.1140 Carrier liability for slamming.
64.1150 Procedures for resolution of unauthorized changes in preferred 
          carrier.
64.1160 Absolution procedures where the subscriber has not paid charges.
64.1170 Reimbursement procedures where the subscriber has paid charges.
64.1190 Preferred carrier freezes.
64.1195 Registration requirement.

  Subpart L_Restrictions on Telemarketing, Telephone Solicitation, and 
                          Facsimile Advertising

64.1200 Delivery restrictions.
64.1201 Restrictions on billing name and address disclosure.
64.1202 Public safety answering point do-not-call registry.
64.1203 --Consortium registration process.
64.1204 Private entity submissions of robocall violations.

                 Subpart M_Provision of Payphone Service

64.1300 Payphone compensation obligation.
64.1301 Per-payphone compensation.
64.1310 Payphone compensation procedures.
64.1330 State review of payphone entry and exit regulations and public 
          interest payphones.
64.1340 Right to negotiate.

                   Subpart N_Expanded Interconnection

64.1401 Expanded interconnection.
64.1402 Rights and responsibilities of interconnectors.

    Subpart O_Interstate Pay-Per-Call and Other Information Services

64.1501 Definitions.
64.1502 Limitations on the provision of pay-per-call services.
64.1503 Termination of pay-per-call and other information programs.
64.1504 Restrictions on the use of toll-free numbers.
64.1505 Restrictions on collect telephone calls.
64.1506 Number designation.

[[Page 444]]

64.1507 Prohibition on disconnection or interruption of service for 
          failure to remit pay-per-call and similar service charges.
64.1508 Blocking access to 900 service.
64.1509 Disclosure and dissemination of pay-per-call information.
64.1510 Billing and collection of pay-per-call and similar service 
          charges.
64.1511 Forgiveness of charges and refunds.
64.1512 Involuntary blocking of pay-per-call services.
64.1513 Verification of charitable status.
64.1514 Generation of signalling tones.
64.1515 Recovery of costs.

            Subpart P_Calling Party Telephone Number; Privacy

64.1600 Definitions.
64.1601 Delivery requirements and privacy restrictions.
64.1602 Restrictions on use and sale of telephone subscriber information 
          provided pursuant to automatic number identification or charge 
          number services.
64.1603 Customer notification.
64.1604 Prohibition on transmission of inaccurate or misleading caller 
          identification information.
64.1605 Effective date.
64.1606 Private entity submissions of spoofing violations.

Subpart Q_Implementation of Section 273(d)(5) of the Communications Act: 
            Dispute Resolution Regarding Equipment Standards

64.1700 Purpose and scope.
64.1701 Definitions.
64.1702 Procedures.
64.1703 Dispute resolution default process.
64.1704 Frivolous disputes/penalties.

        Subpart R_Geographic Rate Averaging and Rate Integration

64.1801 Geographic rate averaging and rate integration.

  Subpart S_Nondominant Interexchange Carrier Certifications Regarding 
       Geographic Rate Averaging and Rate Integration Requirements

64.1900 Nondominant interexchange carrier certifications regarding 
          geographic rate averaging and rate integration requirements.

  Subpart T_Separate Affiliate Requirements for Incumbent Independent 
  Local Exchange Carriers That Provide In-Region, Interstate Domestic 
Interexchange Services or In-Region International Interexchange Services

64.1901 Basis and purpose.
64.1902 Terms and definitions.
64.1903 Obligations of all incumbent independent local exchange 
          carriers.

           Subpart U_Customer Proprietary Network Information

64.2001 Basis and purpose.
64.2003 Definitions.
64.2005 Use of customer proprietary network information without customer 
          approval.
64.2007 Approval required for use of customer proprietary network 
          information.
64.2008 Notice required for use of customer proprietary network 
          information.
64.2009 Safeguards required for use of customer proprietary network 
          information.
64.2010 Safeguards on the disclosure of customer proprietary network 
          information.
64.2011 Notification of customer proprietary network information 
          security breaches.

                     Subpart V_Rural Call Completion

64.2101 Definitions.
64.2103 Retention of call attempt records.
64.2105 [Reserved]
64.2107 Reduced recording and retention requirements for qualifying 
          providers under the Safe Harbor.
64.2109 Safe harbor from intermediate provider service quality 
          standards.
64.2111 Covered provider rural call completion practices.
64.2113 Covered provider point of contact.
64.2115 Registration of Intermediate Providers.
64.2117 Use of Registered Intermediate Providers.
64.2119 Intermediate provider service quality standards.

                   Subpart W_Ring Signaling Integrity

64.2201 Ringing indication requirements.

                  Subpart X_Subscriber List Information

64.2301 Basis and purpose.
64.2305 Definitions.
64.2309 Provision of subscriber list information.
64.2313 Timely basis.
64.2317 Unbundled basis.
64.2321 Nondiscriminatory rates, terms, and conditions.

[[Page 445]]

64.2325 Reasonable rates, terms, and conditions.
64.2329 Format.
64.2333 Burden of proof.
64.2337 Directory publishing purposes.
64.2341 Record keeping.
64.2345 Primary advertising classification.

Subpart Y_Truth-in-Billing Requirements for Common Carriers; Billing for 
                          Unauthorized Charges

64.2400 Purpose.
64.2401 Scope.

     Subpart Z_Prohibition on Exclusive Telecommunications Contracts

64.2500 Prohibited agreements and required disclosures.
64.2501 Scope of limitation.
64.2502 Effect of state law or regulation.

Subpart AA [Reserved]

 Subpart BB_Restrictions on Unwanted Mobile Service Commercial Messages

64.3100 Restrictions on mobile service commercial messages.

        Subpart CC_Customer Account Record Exchange Requirements

64.4000 Basis and purpose.
64.4001 Definitions.
64.4002 Notification obligations of LECs.
64.4003 Notification obligations of IXCs.
64.4004 Timeliness of required notifications.
64.4005 Unreasonable terms or conditions on the provision of customer 
          account information.
64.4006 Limitations on use of customer account information.

                Subpart DD_Prepaid Calling Card Providers

64.5000 Definitions.
64.5001 Reporting and certification requirements.

        Subpart EE_TRS Customer Proprietary Network Information.

64.5101 Basis and purpose.
64.5103 Definitions.
64.5105 Use of customer proprietary network information without customer 
          approval.
64.5107 Approval required for use of customer proprietary network 
          information.
64.5108 Notice required for use of customer proprietary network 
          information.
64.5109 Safeguards required for use of customer proprietary network 
          information.
64.5110 Safeguards on the disclosure of customer proprietary network 
          information.
64. 5111 Notification of customer proprietary network information 
          security breaches.

                   Subpart FF_Inmate Calling Services

64.6000 Definitions.
64.6010 [Reserved]
64.6020 Ancillary Service Charges.
64.6030 Inmate Calling Services interim rate caps.
64.6040 Communications access for incarcerated people with communication 
          disabilities.
64.6050 Billing-related call blocking.
64.6060 Annual reporting and certification requirement.
64.6070 Taxes and fees.
64.6080 Per-Call, or Per-Connection Charges.
64.6090 Flat-Rate Calling.
64.6100 Minimum and maximum Prepaid Calling account balances.
64.6110 Consumer disclosure of Inmate Calling Services rates.
64.6120 Waiver process.
64.6130 Interim protections of consumer funds in inactive accounts.

      Subpart GG_National Deaf-Blind Equipment Distribution Program

64.6201 Purpose.
64.6203 Definitions.
64.6205 Administration of the program.
64.6207 Certification to receive funding.
64.6209 Eligibility criteria.
64.6211 Equipment distribution and related services.
64.6213 Payments to NDBEDP certified programs.
64.6215 Reporting requirements.
64.6217 Complaints.
64.6219 Whistleblower protections.

                   Subpart HH_Caller ID Authentication

64.6300 Definitions.
64.6301 Caller ID authentication.
64.6302 Caller ID authentication by intermediate providers.
64.6303 Caller ID authentication in non-IP networks.
64.6304 Extension of implementation deadline.
64.6305 Robocall mitigation and certification.
64.6306 Exemption.
64.6307 Line item charges.
64.6308 Review of Governance Authority Decision to Revoke an SPC Token.

Appendix A to Part 64--Telecommunications Service Priority (TSP) System 
          for National Security Emergency Preparedness (NSEP)
Appendix B to Part 64--Wireless Priority Service (WPS) for National 
          Security and Emergency Preparedness (NSEP)


[[Page 446]]


    Authority: 47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 222, 
225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262, 276, 
403(b)(2)(B), (c), 616, 617, 620, 1401-1473, unless otherwise noted; 
Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.

    Source: 28 FR 13239, Dec. 5, 1963, unless otherwise noted.

Subpart A [Reserved]



      Subpart B_Restrictions on Indecent Telephone Message Services



Sec.  64.201  Restrictions on indecent telephone message services.

    (a) It is a defense to prosecution for the provision of indecent 
communications under section 223(b)(2) of the Communications Act of 
1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has 
taken the action set forth in paragraph (a)(1) of this section and, in 
addition, has complied with the following: Taken one of the actions set 
forth in paragraphs (a)(2), (3), or (4) of this section to restrict 
access to prohibited communications to persons eighteen years of age or 
older, and has additionally complied with paragraph (a)(5) of this 
section, where applicable:
    (1) Has notified the common carrier identified in section 223(c)(1) 
of the Act, in writing, that he or she is providing the kind of service 
described in section 223(b)(2) of the Act.
    (2) Requires payment by credit card before transmission of the 
message; or
    (3) Requires an authorized access or identification code before 
transmission of the message, and where the defendant has:
    (i) Issued the code by mailing it to the applicant after reasonably 
ascertaining through receipt of a written application that the applicant 
is not under eighteen years of age; and
    (ii) Established a procedure to cancel immediately the code of any 
person upon written, telephonic or other notice to the defendant's 
business office that such code has been lost, stolen, or used by a 
person or persons under the age of eighteen, or that such code is no 
longer desired; or
    (4) Scrambles the message using any technique that renders the audio 
unintelligible and incomprehensible to the calling party unless that 
party uses a descrambler; and,
    (5) Where the defendant is a message sponsor subscriber to mass 
announcement services tariffed at this Commission and such defendant 
prior to the transmission of the message has requested in writing to the 
carrier providing the public announcement service that calls to this 
message service be subject to billing notification as an adult telephone 
message service.
    (b) A common carrier within the District of Columbia or within any 
State, or in interstate or foreign commerce, shall not, to the extent 
technically feasible, provide access to a communication described in 
section 223(b) of the Act from the telephone of any subscriber who has 
not previously requested in writing the carrier to provide access to 
such communication if the carrier collects from subscribers an 
identifiable charge for such communication that the carrier remits, in 
whole or in part, to the provider of such communication.

[52 FR 17761, May 12, 1987, as amended at 55 FR 28916, July 16, 1990]

Subpart C [Reserved]



   Subpart D_Procedures for Handling Priority Services in Emergencies



Sec.  64.401  Policies and procedures for provisioning and restoring
certain telecommunications services in emergencies.

    The communications common carrier shall maintain and provision and, 
if disrupted, restore facilities and services in accordance with 
policies and procedures set forth in Appendix A to this part.

[65 FR 48396, Aug. 8, 2000]



Sec.  64.402  Policies and procedures for the provision of Wireless
Priority Service by wireless service providers.

    Wireless service providers that elect to provide Wireless Priority 
Service to National Security and Emergency Preparedness personnel shall 
provide Wireless Priority Service in accordance

[[Page 447]]

with the policies and procedures set forth in appendix B to this part.

[87 FR 39784, July 5, 2022]

Subpart E [Reserved]



    Subpart F_Telecommunications Relay Services and Related Customer 
            Premises Equipment for Persons With Disabilities

    Authority: 47 U.S.C. 151-154; 225, 255, 303(r), 616, and 620.

    Source: 56 FR 36731, Aug. 1, 1991, unless otherwise noted.



Sec.  64.601  Definitions and provisions of general applicability.

    (a) For purposes of this subpart, the term affiliate is defined in 
47 CFR 52.12(a)(1)(i), and the terms majority and debt are defined in 47 
CFR 52.12(a)(1)(ii).
    (1) 711. The abbreviated dialing code for accessing relay services 
anywhere in the United States.
    (2) ACD platform. The hardware and/or software that comprise the 
essential call center function of call distribution, and that are a 
necessary core component of internet-based TRS.
    (3) American Sign Language (ASL). A visual language based on hand 
shape, position, movement, and orientation of the hands in relation to 
each other and the body.
    (4) ANI. For 911 systems, the Automatic Number Identification (ANI) 
identifies the calling party and may be used as the callback number.
    (5) At-home CA. A communications assistant (CA) that a video relay 
service (VRS) provider authorizes to handle VRS calls at a home 
workstation.
    (6) At-home VRS call handling. The handling of VRS calls by a CA at 
a home workstation.
    (7) ASCII. An acronym for American Standard Code for Information 
Interexchange which employs an eight bit code and can operate at any 
standard transmission baud rate including 300, 1200, 2400, and higher.
    (8) Authorized provider. An iTRS provider that becomes the iTRS 
user's new default provider, having obtained the user's authorization 
verified in accordance with the procedures specified in this part.
    (9) Baudot. A seven bit code, only five of which are information 
bits. Baudot is used by some text telephones to communicate with each 
other at a 45.5 baud rate.
    10) Call release. A TRS feature that allows the CA to sign-off or be 
``released'' from the telephone line after the CA has set up a telephone 
call between the originating TTY caller and a called TTY party, such as 
when a TTY user must go through a TRS facility to contact another TTY 
user because the called TTY party can only be reached through a voice-
only interface, such as a switchboard.
    (11) Carceral point-to-point video service. A point-to-point video 
service that enables incarcerated people to engage in real-time direct 
video communication in ASL with another ASL speaker.
    (12) Common carrier or carrier. Any common carrier engaged in 
interstate Communication by wire or radio as defined in section 3(h) of 
the Communications Act of 1934, as amended (the Act), and any common 
carrier engaged in intrastate communication by wire or radio, 
notwithstanding sections 2(b) and 221(b) of the Act.
    (13) Communications assistant (CA). A person who transliterates or 
interprets conversation between two or more end users of TRS. CA 
supersedes the term ``TDD operator.''
    (14) Default provider. The iTRS provider that registers and assigns 
a ten-digit telephone number to an iTRS user pursuant to Sec.  64.611.
    (15) Default provider change order. A request by an iTRS user to an 
iTRS provider to change the user's default provider.
    (16) Direct video customer support. A telephone customer support 
operation that enables callers with hearing or speech disabilities to 
engage in real-time direct video communication in ASL with ASL speakers 
in a call center operation.
    (17) Enterprise videophone. A videophone maintained by a business, 
organization, government agency, or other entity, and designated for use 
by its employees or other individuals in private or restricted areas.

[[Page 448]]

    (18) Hearing carry over (HCO). A form of TRS where the person with 
the speech disability is able to listen to the other end user and, in 
reply, the CA speaks the text as typed by the person with the speech 
disability. The CA does not type any conversation. Two-line HCO is an 
HCO service that allows TRS users to use one telephone line for hearing 
and the other for sending TTY messages. HCO-to-TTY allows a relay 
conversation to take place between an HCO user and a TTY user. HCO-to-
HCO allows a relay conversation to take place between two HCO users.
    (19) Hearing point-to-point video user. A hearing individual who has 
been assigned a ten-digit NANP number that is entered in the TRS 
Numbering Directory to access point-to-point service.
    (20) Home workstation or home CA workstation. A VRS CA's workstation 
in the CA's home or in any location where two or more CAs do not 
simultaneously handle VRS calls.
    (21) Interconnected VoIP service. The term ``interconnected VoIP 
service'' has the meaning given such term under Sec.  9.3 of this 
chapter, as such section may be amended from time to time.
    (22) internet-based TRS (iTRS). A telecommunications relay service 
(TRS) in which an individual with a hearing or a speech disability 
connects to a TRS communications assistant using an internet Protocol-
enabled device via the internet, rather than the public switched 
telephone network. Except as authorized or required by the Commission, 
internet-based TRS does not include the use of a text telephone (TTY) or 
RTT over an interconnected voice over internet Protocol service.
    (23) internet Protocol Captioned Telephone Service (IP CTS). A 
telecommunications relay service that permits an individual who can 
speak but who has difficulty hearing over the telephone to use a 
telephone and an internet Protocol-enabled device via the internet to 
simultaneously listen to the other party and read captions of what the 
other party is saying. With IP CTS, the connection carrying the captions 
between the relay service provider and the relay service user is via the 
internet, rather than the public switched telephone network.
    (24) internet Protocol Relay Service (IP Relay). A 
telecommunications relay service that permits an individual with a 
hearing or a speech disability to communicate in text using an internet 
Protocol-enabled device via the internet, rather than using a text 
telephone (TTY) and the public switched telephone network.
    (25) IP Relay access technology. Any equipment, software, or other 
technology issued, leased, or provided by an internet-based TRS provider 
that can be used to make and receive an IP Relay call.
    (26) iTRS access technology. Any equipment, software, or other 
technology issued, leased, or provided by an internet-based TRS provider 
that can be used to make and receive an internet-based TRS call.
    (27) New default provider. An iTRS provider that, either directly or 
through its numbering partner, initiates or implements the process to 
become the iTRS user's default provider by replacing the iTRS user's 
original default provider.
    (28) Non-English language relay service. A telecommunications relay 
service that allows persons with hearing or speech disabilities who use 
languages other than English to communicate with voice telephone users 
in a shared language other than English, through a CA who is fluent in 
that language.
    (29) Non-interconnected VoIP service. The term ``non-interconnected 
VoIP service''--
    (i) Means a service that--
    (A) Enables real-time voice communications that originate from or 
terminate to the user's location using internet protocol or any 
successor protocol; and
    (B) Requires internet protocol compatible customer premises 
equipment; and
    (ii) Does not include any service that is an interconnected VoIP 
service.
    (30) Numbering partner. Any entity with which an internet-based TRS 
provider has entered into a commercial arrangement to obtain North 
American Numbering Plan telephone numbers.
    (31) Original default provider. An iTRS provider that is the iTRS 
user's default provider immediately before that iTRS user's default 
provider is changed.

[[Page 449]]

    (32) Point-to-point video call. A call placed via a point-to-point 
video service.
    (33) Point-to-point video service. A service that enables a user to 
place and receive non-relay video calls without the assistance of a CA.
    (34) Public videophone. A videophone maintained by a business, 
organization, government agency, or other entity, and made available for 
use by the public in a public space, such as a public area of a 
business, school, hospital, library, airport, or government building.
    (35) Qualified Direct Video Entity. An individual or entity that is 
approved by the Commission for access to the TRS Numbering Database that 
is engaged in:
    (i) Direct video customer support and that is the end-user customer 
that has been assigned a telephone number used for direct video customer 
support calls or is the designee of such entity; or
    (ii) Carceral point-to-point video service as that term is defined 
in this section.
    (36) Qualified interpreter. An interpreter who is able to interpret 
effectively, accurately, and impartially, both receptively and 
expressively, using any necessary specialized vocabulary.
    (37) Real-Time Text (RTT). The term real-time text shall have the 
meaning set forth in Sec.  67.1 of this chapter.
    (38) Registered internet-based TRS user. An individual who has 
registered with a VRS, IP Relay, or IP CTS provider as described in 
Sec.  64.611.
    (39) Registered Location. The most recent information obtained by a 
VRS, IP Relay, or IP CTS provider that identifies the physical location 
of an end user.
    (40) Sign language. A language which uses manual communication and 
body language to convey meaning, including but not limited to American 
Sign Language.
    (41) Speech-to-speech relay service (STS). A telecommunications 
relay service that allows individuals with speech disabilities to 
communicate with voice telephone users through the use of specially 
trained CAs who understand the speech patterns of persons with speech 
disabilities and can repeat the words spoken by that person.
    (42) Speed dialing. A TRS feature that allows a TRS user to place a 
call using a stored number maintained by the TRS facility. In the 
context of TRS, speed dialing allows a TRS user to give the CA a short-
hand'' name or number for the user's most frequently called telephone 
numbers.
    (43) Telecommunications relay services (TRS). Telephone transmission 
services that provide the ability for an individual who is deaf, hard of 
hearing, deaf-blind, or who has a speech disability to engage in 
communication by wire or radio with one or more individuals, in a manner 
that is functionally equivalent to the ability of a hearing individual 
who does not have a speech disability to communicate using voice 
communication services by wire or radio.
    (44) Text telephone (TTY). A machine that employs graphic 
communication in the transmission of coded signals through a wire or 
radio communication system. TTY supersedes the term ``TDD'' or 
``telecommunications device for the deaf,'' and TT.
    (45) Three-way calling feature. A TRS feature that allows more than 
two parties to be on the telephone line at the same time with the CA.
    (46) TRS Numbering Administrator. The neutral administrator of the 
TRS Numbering Directory selected based on a competitive bidding process.
    (47) TRS Numbering Directory. The database administered by the TRS 
Numbering Administrator, the purpose of which is to map each registered 
internet-based TRS user's NANP telephone number to his or her end 
device.
    (48) TRS User Registration Database. A system of records containing 
TRS user identification data capable of:
    (i) Receiving and processing subscriber information sufficient to 
identify unique TRS users and to ensure that each has a single default 
provider;
    (ii) Assigning each VRS user a unique identifier;
    (iii) Allowing VRS providers and other authorized entities to query 
the TRS User Registration Database to determine if a prospective user 
already has a default provider;

[[Page 450]]

    (iv) Allowing VRS providers to indicate that a VRS user has used the 
service; and
    (v) Maintaining the confidentiality of proprietary data housed in 
the database by protecting it from theft, loss or disclosure to 
unauthorized persons. The purpose of this database is to ensure accurate 
registration and verification of VRS users and improve the efficiency of 
the TRS program.
    (49) Unauthorized provider. An iTRS provider that becomes the iTRS 
user's new default provider without having obtained the user's 
authorization verified in accordance with the procedures specified in 
this part.
    (50) Unauthorized change. A change in an iTRS user's selection of a 
default provider that was made without authorization verified in 
accordance with the verification procedures specified in this part.
    (51) Video relay service (VRS). A telecommunications relay service 
that allows people with hearing or speech disabilities who use sign 
language to communicate with voice telephone users through video 
equipment. The video link allows the CA to view and interpret the 
party's signed conversation and relay the conversation back and forth 
with a voice caller.
    (52) Visual privacy screen. A screen or any other feature that is 
designed to prevent one party or both parties on the video leg of a VRS 
call from viewing the other party during a call.
    (53) Voice carry over (VCO). A form of TRS where the person with the 
hearing disability is able to speak directly to the other end user. The 
CA types the response back to the person with the hearing disability. 
The CA does not voice the conversation. Two-line VCO is a VCO service 
that allows TRS users to use one telephone line for voicing and the 
other for receiving TTY messages. A VCO-to-TTY TRS call allows a relay 
conversation to take place between a VCO user and a TTY user. VCO-to-VCO 
allows a relay conversation to take place between two VCO users.
    (54) VRS access technology. Any equipment, software, or other 
technology issued, leased, or provided by an internet-based TRS provider 
that can be used to make and receive a VRS call.
    (55) VRS Access Technology Reference Platform. A software product 
procured by or on behalf of the Commission that provides VRS 
functionality, including the ability to make and receive VRS and point-
to-point calls, dial-around functionality, and the ability to update 
user registration location, and against which providers may test their 
own VRS access technology and platforms for compliance with the 
Commission's interoperability and portability rules.
    (b) For purposes of this subpart, all regulations and requirements 
applicable to common carriers shall also be applicable to providers of 
interconnected VoIP service.

[68 FR 50976, Aug. 25, 2003, as amended at 69 FR 53351, Sept. 1, 2004; 
72 FR 43559, Aug. 6, 2007; 73 FR 41294, July 18, 2008; 76 FR 24400, May 
2, 2011; 76 FR 65969, Oct. 25, 2011; 78 FR 40605, July 5, 2013; 82 FR 
7707, Jan. 23, 2017; 82 FR 17761, Apr. 13, 2017; 82 FR 39682, Aug. 22, 
2017; 84 FR 8461, Mar. 8, 2019; 84 FR 26369, June 6, 2019; 84 FR 66779, 
Dec. 5, 2019; 85 FR 1127, Jan. 9, 2020; 85 FR 9390, Feb. 19, 2020; 85 FR 
27312, May 8, 2020; 87 FR 75513, Dec. 9, 2022]



Sec.  64.602  Jurisdiction.

    Any violation of this subpart F by any common carrier engaged in 
intrastate communication shall be subject to the same remedies, 
penalties, and procedures as are applicable to a violation of the Act by 
a common carrier engaged in interstate communication.

[65 FR 38436, June 21, 2000]



Sec.  64.603  Provision of services.

    (a) Each common carrier providing telephone voice transmission 
services shall provide, in compliance with the regulations prescribed 
herein and the emergency calling requirements in part 9, subpart E of 
this chapter, throughout the area in which it offers services, 
telecommunications relay services, individually, through designees, 
through a competitively selected vendor, or in concert with other 
carriers. Interstate Spanish language relay service shall be provided. 
Speech-to-speech relay service also shall be provided, except that 
speech-to-speech relay service need not be provided by IP Relay 
providers, VRS providers,

[[Page 451]]

captioned telephone relay service providers, and IP CTS providers. In 
addition, each common carrier providing telephone voice transmission 
services shall provide access via the 711 dialing code to all relay 
services as a toll free call. CMRS providers subject to this 711 access 
requirement are not required to provide 711 dialing code access to TTY 
users if they provide 711 dialing code access via real-time text 
communications, in accordance with 47 CFR part 67.
    (b) A common carrier shall be considered to be in compliance with 
this section:
    (1) With respect to intrastate telecommunications relay services in 
any state that does not have a certified program under Sec.  64.606 and 
with respect to interstate telecommunications relay services, if such 
common carrier (or other entity through which the carrier is providing 
such relay services) is in compliance with Sec.  64.604; or
    (2) With respect to intrastate telecommunications relay services in 
any state that has a certified program under Sec.  64.606 for such 
state, if such common carrier (or other entity through which the carrier 
is providing such relay services) is in compliance with the program 
certified under Sec.  64.606 for such state.

[82 FR 7707, Jan.23, 2017, as amended at 84 FR 66779, Dec. 5, 2019]



Sec.  64.604  Mandatory minimum standards.

    The standards in this section are applicable December 18, 2000, 
except as stated in paragraphs (c)(2) and (c)(7) of this section.
    (a) Operational standards--(1) Communications assistant (CA). (i) 
TRS providers are responsible for requiring that all CAs be sufficiently 
trained to effectively meet the specialized communications needs of 
individuals with hearing and speech disabilities.
    (ii) CAs must have competent skills in typing, grammar, spelling, 
interpretation of typewritten ASL, and familiarity with hearing and 
speech disability cultures, languages and etiquette. CAs must possess 
clear and articulate voice communications.
    (iii) CAs must provide a typing speed of a minimum of 60 words per 
minute. Technological aids may be used to reach the required typing 
speed. Providers must give oral-to-type tests of CA speed.
    (iv) TRS providers are responsible for requiring that VRS CAs are 
qualified interpreters. A ``qualified interpreter'' is able to interpret 
effectively, accurately, and impartially, both receptively and 
expressively, using any necessary specialized vocabulary.
    (v) CAs answering and placing a TTY-based TRS or VRS call shall stay 
with the call for a minimum of ten minutes. CAs answering and placing an 
STS call shall stay with the call for a minimum of twenty minutes. The 
minimum time period shall begin to run when the CA reaches the called 
party. The obligation of the CA to stay with the call shall terminate 
upon the earlier of:
    (A) The termination of the call by one of the parties to the call; 
or
    (B) The completion of the minimum time period.
    (vi) TRS providers must make best efforts to accommodate a TRS 
user's requested CA gender when a call is initiated and, if a transfer 
occurs, at the time the call is transferred to another CA.
    (vii) TRS shall transmit conversations between TTY and voice callers 
in real time.
    (viii) STS providers shall offer STS users the option to have their 
voices muted so that the other party to the call will hear only the CA 
and will not hear the STS user's voice.
    (2) Confidentiality and conversation content. (i) Except as 
authorized by section 705 of the Communications Act, 47 U.S.C. 605, CAs 
are prohibited from disclosing the content of any relayed conversation 
regardless of content, and with a limited exception for STS CAs, from 
keeping records of the content of any conversation beyond the duration 
of a call, even if to do so would be inconsistent with state or local 
law. STS CAs may retain information from a particular call in order to 
facilitate the completion of consecutive calls, at the request of the 
user. The caller may request the STS CA to retain such information, or 
the CA may ask the caller if he wants the CA to repeat the same 
information during subsequent calls. The CA may retain the information 
only

[[Page 452]]

for as long as it takes to complete the subsequent calls.
    (ii) CAs are prohibited from intentionally altering a relayed 
conversation and, to the extent that it is not inconsistent with 
federal, state or local law regarding use of telephone company 
facilities for illegal purposes, must relay all conversation verbatim 
unless the relay user specifically requests summarization, or if the 
user requests interpretation of an ASL call. An STS CA may facilitate 
the call of an STS user with a speech disability so long as the CA does 
not interfere with the independence of the user, the user maintains 
control of the conversation, and the user does not object. Appropriate 
measures must be taken by relay providers to ensure that confidentiality 
of VRS users is maintained.
    (3) Types of calls.
    (i) Consistent with the obligations of telecommunications carrier 
operators, CAs are prohibited from refusing single or sequential calls 
or limiting the length of calls utilizing relay services, except that 
the number and duration of calls to or from incarcerated persons may be 
limited in accordance with a correctional authority's generally 
applicable policies regarding telephone calling by incarcerated persons.
    (ii) Relay services shall be capable of handling any type of call 
normally provided by telecommunications carriers unless the Commission 
determines that it is not technologically feasible to do so. Relay 
service providers have the burden of proving the infeasibility of 
handling any type of call.
    (iii) Relay service providers are permitted to decline to complete a 
call because credit authorization is denied.
    (iv) Relay services other than Internet-based TRS shall be capable 
of handling pay-per-call calls.
    (v) TRS providers are required to provide the following types of TRS 
calls:
    (A) Text-to-voice and voice-to-text;
    (B) One-line VCO, two-line VCO, VCO-to-TTY, and VCO-to-VCO; and
    (C) One-line HCO, two-line HCO, HCO-to-TTY, HCO-to-HCO. VRS 
providers are not required to provide text-to-voice and voice-to-text 
functionality. IP Relay providers are not required to provide one-line 
VCO and one-line HCO. IP Relay providers and VRS providers are not 
required to provide:
    (1) VCO-to-TTY and VCO-to-VCO; and
    (2) HCO-to-TTY and HCO-to-HCO. Captioned telephone service providers 
and IP CTS providers are not required to provide:
    (i) Text-to-voice functionality; and
    (ii) One-line HCO, two-line HCO, HCO-to-TTY, and HCO-to-HCO. IP CTS 
providers are not required to provide one-line VCO.
    (vi) TRS providers are required to provide the following features:
    (A) Call release functionality (only with respect to the provision 
of TTY-based relay service);
    (B) Speed dialing functionality; and
    (C) Three-way calling functionality.
    (vii) Voice mail and interactive menus. CAs must alert the TRS user 
to the presence of a recorded message and interactive menu through a hot 
key on the CA's terminal. The hot key will send text from the CA to the 
consumer's TTY indicating that a recording or interactive menu has been 
encountered. Relay providers shall electronically capture recorded 
messages and retain them for the length of the call. Relay providers may 
not impose any charges for additional calls, which must be made by the 
relay user in order to complete calls involving recorded or interactive 
messages.
    (viii) TRS providers shall provide, as TRS features, answering 
machine and voice mail retrieval.
    (ix) This paragraph (a)(3) does not require that TRS providers 
serving incarcerated persons allow types of calls or calling features 
that are not permitted for hearing people incarcerated in the 
correctional facility being served.
    (4) [Reserved]
    (5) STS called numbers. Relay providers must offer STS users the 
option to maintain at the relay center a list of names and telephone 
numbers which the STS user calls. When the STS user requests one of 
these names, the CA must repeat the name and state the telephone number 
to the STS user. This information must be transferred to any new STS 
provider.
    (6) Visual privacy screens/idle calls. A VRS CA may not enable a 
visual privacy screen or similar feature during a

[[Page 453]]

VRS call. A VRS CA must disconnect a VRS call if the caller or the 
called party to a VRS call enables a privacy screen or similar feature 
for more than five minutes or is otherwise unresponsive or unengaged for 
more than five minutes, unless the call is a 9-1-1 emergency call or the 
caller or called party is legitimately placed on hold and is present and 
waiting for active communications to commence. Prior to disconnecting 
the call, the CA must announce to both parties the intent to terminate 
the call and may reverse the decision to disconnect if one of the 
parties indicates continued engagement with the call.
    (7) International calls. VRS calls that originate from an 
international IP address will not be compensated, with the exception of 
calls made by a U.S. resident who has pre-registered with his or her 
default provider prior to leaving the country, during specified periods 
of time while on travel and from specified regions of travel, for which 
there is an accurate means of verifying the identity and location of 
such callers. For purposes of this section, an international IP address 
is defined as one that indicates that the individual initiating the call 
is located outside the United States.
    (b) Technical standards--(1) ASCII and Baudot. TTY-based relay 
service shall be capable of communicating with ASCII and Baudot format, 
at any speed generally in use. Other forms of TRS are not subject to 
this requirement.
    (2) Speed of answer. (i) TRS providers shall ensure adequate TRS 
facility staffing to provide callers with efficient access under 
projected calling volumes, so that the probability of a busy response 
due to CA unavailability shall be functionally equivalent to what a 
voice caller would experience in attempting to reach a party through the 
voice telephone network.
    (ii) TRS facilities shall, except during network failure, answer 85% 
of all calls within 10 seconds by any method which results in the 
caller's call immediately being placed, not put in a queue or on hold. 
The ten seconds begins at the time the call is delivered to the TRS 
facility's network. A TRS facility shall ensure that adequate network 
facilities shall be used in conjunction with TRS so that under projected 
calling volume the probability of a busy response due to loop trunk 
congestion shall be functionally equivalent to what a voice caller would 
experience in attempting to reach a party through the voice telephone 
network.
    (A) The call is considered delivered when the TRS facility's 
equipment accepts the call from the local exchange carrier (LEC) and the 
public switched network actually delivers the call to the TRS facility.
    (B) Abandoned calls shall be included in the speed-of-answer 
calculation.
    (C) A TRS provider's compliance with this rule shall be measured on 
a daily basis.
    (D) The system shall be designed to a P.01 standard.
    (E) A LEC shall provide the call attempt rates and the rates of 
calls blocked between the LEC and the TRS facility to relay 
administrators and TRS providers upon request.
    (iii) Speed of answer requirements for VRS providers. VRS providers 
must answer 80% of all VRS calls within 120 seconds, measured on a 
monthly basis. VRS providers must meet the speed of answer requirements 
for VRS providers as measured from the time a VRS call reaches 
facilities operated by the VRS provider to the time when the call is 
answered by a CA--i.e., not when the call is put on hold, placed in a 
queue, or connected to an IVR system. Abandoned calls shall be included 
in the VRS speed of answer calculation.
    (3) [Reserved]
    (4) TRS facilities. (i) TRS shall operate every day, 24 hours a day. 
Relay services that are not mandated by this Commission need not be 
provided every day, 24 hours a day, except VRS.
    (ii) TRS shall have redundancy features functionally equivalent to 
the equipment in normal central offices, including uninterruptible power 
for emergency use.
    (iii) A VRS provider shall not allow its CAs to handle VRS calls 
from a home workstation unless so authorized by the Commission.
    (iv) A VRS provider leasing or licensing an automatic call 
distribution (ACD) platform must have a written lease or license 
agreement. Such lease or license agreement may not include

[[Page 454]]

any revenue sharing agreement or compensation based upon minutes of use. 
In addition, if any such lease is between two eligible VRS providers, 
the lessee or licensee must locate the ACD platform on its own premises 
and must utilize its own employees to manage the ACD platform.
    (5) Technology. No regulation set forth in this subpart is intended 
to discourage or impair the development of improved technology that 
fosters the availability of telecommunications to person with 
disabilities. TRS facilities are permitted to use SS7 technology or any 
other type of similar technology to enhance the functional equivalency 
and quality of TRS. TRS facilities that utilize SS7 technology shall be 
subject to the Calling Party Telephone Number rules set forth at 47 CFR 
64.1600 et seq.
    (6) Caller ID. When a TRS facility is able to transmit any calling 
party identifying information to the public network, the TRS facility 
must pass through, to the called party, at least one of the following: 
the number of the TRS facility, 711, or the 10-digit number of the 
calling party.
    (7) STS 711 Calls. An STS provider shall, at a minimum, employ the 
same means of enabling an STS user to connect to a CA when dialing 711 
that the provider uses for all other forms of TRS. When a CA directly 
answers an incoming 711 call, the CA shall transfer the STS user to an 
STS CA without requiring the STS user to take any additional steps. When 
an interactive voice response (IVR) system answers an incoming 711 call, 
the IVR system shall allow for an STS user to connect directly to an STS 
CA using the same level of prompts as the IVR system uses for all other 
forms of TRS.
    (8) At-home VRS call handling--(i) Limit on minutes handled. In any 
calendar month, a VRS provider authorized by the Commission to employ 
at-home CAs may be compensated for minutes handled from home 
workstations up to a maximum of the greater of:
    (A) Fifty percent (50%) of a VRS provider's total minutes for which 
compensation is paid in that month; or
    (B) Fifty percent (50%) of the provider's average projected monthly 
conversation minutes for the calendar year, according to the projections 
most recently filed with the TRS Fund administrator.
    (ii) Personnel safeguards. A VRS provider shall:
    (A) Allow a CA to work at home only if the CA is a qualified 
interpreter with at least three years of professional interpreting 
experience, has the experience, skills, and knowledge necessary to 
effectively interpret VRS calls without in-person supervision, has 
learned the provider's protocols for at-home call handling, and 
understands and follows the TRS mandatory minimum standards set out in 
this section; and
    (B) Provide at-home CAs equivalent support to that provided to CAs 
working from call centers, including, where appropriate, the opportunity 
to team-interpret and consult with supervisors, and ensure that 
supervisors are readily available to resolve problems that may arise 
during a relay call.
    (iii) Technical and environmental safeguards. A VRS provider shall 
ensure that each home workstation enables the provision of confidential 
and uninterrupted service to the same extent as the provider's call 
centers and is seamlessly integrated into the provider's call routing, 
distribution, tracking, and support systems. Each home workstation 
shall:
    (A) Reside in a separate, secure workspace where access during 
working hours is restricted solely to the CA;
    (B) Allow a CA to use all call-handling technology to the same 
extent as call-center CAs;
    (C) Be capable of supporting VRS in compliance with the applicable 
mandatory minimum standards set out in this section to the same degree 
as at call centers;
    (D) Be equipped with an effective means to prevent eavesdropping and 
outside interruptions; and
    (E) Be connected to the provider's network over a secure connection 
to ensure caller privacy.
    (iv) Monitoring and oversight obligations. A VRS provider shall:
    (A) Inspect each home workstation and its home environment to 
confirm their compliance with paragraph (b)(8)(iii) of this section 
before activating the workstation for use;

[[Page 455]]

    (B) Assign a unique workstation identification number to each VRS 
home workstation;
    (C) Equip each home workstation with monitoring technology 
sufficient to ensure that off-site supervision approximates the level of 
supervision at the provider's call center and regularly analyze the 
records and data produced by such monitoring to proactively address 
possible waste, fraud, and abuse;
    (D) Keep all records pertaining to home workstations, except records 
of the content of interpreted conversations, for a minimum of five 
years; and
    (E) Conduct random and unannounced inspections of at least five 
percent (5%) of all home workstations, including their home 
environments, in each 12-month period.
    (v) Commission audits and inspections. Home workstations and 
workstation records shall be subject to review, audit, and inspection by 
the Commission and the TRS Fund administrator and unannounced on-site 
inspections by the Commission to the same extent as call centers and 
call center records subject to the rules in this chapter.
    (vi) Monthly reports. With its monthly requests for compensation, a 
VRS provider employing at-home CAs shall report the following 
information to the TRS Fund administrator for each home workstation:
    (A) The home workstation identification number and full street 
address (number, street, city, state, and zip code);
    (B) The CA identification number of each individual handling VRS 
calls from that home workstation; and
    (C) The call center identification number, street address, and name 
of supervisor of the call center responsible for oversight of that 
workstation.
    (c) Functional standards--(1) Consumer complaint logs. (i) States 
and interstate providers must maintain a log of consumer complaints 
including all complaints about TRS in the state, whether filed with the 
TRS provider or the State, and must retain the log until the next 
application for certification is granted. The log shall include, at a 
minimum, the date the complaint was filed, the nature of the complaint, 
the date of resolution, and an explanation of the resolution.
    (ii) Beginning July 1, 2002, states and TRS providers shall submit 
summaries of logs indicating the number of complaints received for the 
12-month period ending May 31 to the Commission by July 1 of each year. 
Summaries of logs submitted to the Commission on July 1, 2001 shall 
indicate the number of complaints received from the date of OMB approval 
through May 31, 2001.
    (2) Contact persons. Beginning on June 30, 2000, State TRS Programs, 
interstate TRS providers, and TRS providers that have state contracts 
must submit to the Commission a contact person and/or office for TRS 
consumer information and complaints about a certified State TRS 
Program's provision of intrastate TRS, or, as appropriate, about the TRS 
provider's service. This submission must include, at a minimum, the 
following:
    (i) The name and address of the office that receives complaints, 
grievances, inquiries, and suggestions;
    (ii) Voice and TTY telephone numbers, fax number, e-mail address, 
and web address; and
    (iii) The physical address to which correspondence should be sent.
    (3) Public access to information. Carriers, through publication in 
their directories, periodic billing inserts, placement of TRS 
instructions in telephone directories, through directory assistance 
services, and incorporation of TTY numbers in telephone directories, 
shall assure that callers in their service areas are aware of the 
availability and use of all forms of TRS. Efforts to educate the public 
about TRS should extend to all segments of the public, including 
individuals who are hard of hearing, speech disabled, and senior 
citizens as well as members of the general population. In addition, each 
common carrier providing telephone voice transmission services shall 
conduct, not later than October 1, 2001, ongoing education and outreach 
programs that publicize the availability of 711 access to TRS in a 
manner reasonably designed to reach the largest number of consumers 
possible.
    (4) Rates. TRS users shall pay rates no greater than the rates paid 
for functionally equivalent voice communication services with respect to 
such factors as the duration of the call, the

[[Page 456]]

time of day, and the distance from the point of origination to the point 
of termination.
    (5) Jurisdictional separation of costs--(i) General. Where 
appropriate, costs of providing TRS shall be separated in accordance 
with the jurisdictional separation procedures and standards set forth in 
the Commission's regulations adopted pursuant to section 410 of the 
Communications Act of 1934, as amended.
    (ii) Cost recovery. Costs caused by interstate TRS shall be 
recovered from all subscribers for every interstate service, utilizing a 
shared-funding cost recovery mechanism. Except as noted in this 
paragraph (c)(5)(ii), costs caused by intrastate TRS shall be recovered 
from the intrastate jurisdiction. In a state that has a certified 
program under Sec.  64.606, the state agency providing TRS shall, 
through the state's regulatory agency, permit a common carrier to 
recover costs incurred in providing TRS by a method consistent with the 
requirements of this section. Costs caused by the provision of 
interstate and intrastate IP CTS, and (beginning July 1, 2023) for VRS 
and IP Relay, if not provided through a certified state program under 
Sec.  64.606, shall be recovered from all subscribers for every 
interstate and intrastate service, using a shared-funding cost recovery 
mechanism.
    (iii) Telecommunications Relay Services Fund. Effective July 26, 
1993, an Interstate Cost Recovery Plan, hereinafter referred to as the 
TRS Fund, shall be administered by an entity selected by the Commission 
(administrator). The initial administrator, for an interim period, will 
be the National Exchange Carrier Association, Inc.
    (A) Contributions. (1) Every carrier providing interstate or 
intrastate telecommunications services (including interconnected VoIP 
service providers pursuant to Sec.  64.601(b)) and every provider of 
non-interconnected VoIP service shall contribute to the TRS Fund, as 
described in this paragraph (c)(5)(iii)(A):
    (i) For the support of TRS other than IP CTS, VRS, and IP Relay, on 
the basis of interstate end-user revenues; and
    (ii) For the support of IP CTS, and (beginning July 1, 2023) for VRS 
and IP Relay, on the basis of interstate and intrastate end-user 
revenues.
    (2) Contributions shall be made by all carriers who provide 
interstate or intrastate services, including, but not limited to, 
cellular telephone and paging, mobile radio, operator services, personal 
communications service (PCS), access (including subscriber line 
charges), alternative access and special access, packet-switched, WATS, 
800, 900, message telephone service (MTS), private line, telex, 
telegraph, video, satellite, intraLATA, international, and resale 
services.
    (B) Contribution computations. Contributors' contributions to the 
TRS fund shall be the product of their subject revenues for the prior 
calendar year and the applicable contribution factors determined 
annually by the Commission. The contribution factor shall be based on 
the ratio between expected TRS Fund expenses to the contributors' 
revenues subject to contribution. In the event that contributions exceed 
TRS payments and administrative costs, the contribution factor for the 
following year will be adjusted by an appropriate amount, taking into 
consideration projected cost and usage changes. In the event that 
contributions are inadequate, the fund administrator may request 
authority from the Commission to borrow funds commercially, with such 
debt secured by future years' contributions. Each subject contributor 
that has revenues subject to contribution must contribute at least $25 
per year. Contributors whose annual contributions total less than $1,200 
must pay the entire contribution at the beginning of the contribution 
period. Contributors whose contributions total $1,200 or more may divide 
their contributions into equal monthly payments. Contributors shall 
complete and submit, and contributions shall be based on, a 
``Telecommunications Reporting Worksheet'' (as published by the 
Commission in the Federal Register). 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. 
Contributors' statements in the worksheet shall be

[[Page 457]]

subject to the provisions of section 220 of the Communications Act of 
1934, as amended. The fund administrator may bill contributors a 
separate assessment for reasonable administrative expenses and interest 
resulting from improper filing or overdue contributions. The Chief of 
the Consumer and Governmental Affairs 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 TRS Fund.
    (C) Registration Requirements for Providers of Non-Interconnected 
VoIP Service--(1)Applicability. A non-interconnected VoIP service 
provider that will provide interstate service that generates interstate 
end-user revenue that is subject to contribution to the 
Telecommunications Relay Service Fund shall file the registration 
information described in paragraph (c)(5)(iii)(C)(2) of this section in 
accordance with the procedures described in paragraphs (c)(5)(iii)(C)(3) 
and (c)(5)(iii)(C)(4) of this section. Any non-interconnected VoIP 
service provider already providing interstate service that generates 
interstate end-user revenue that is subject to contribution to the 
Telecommunications Relay Service Fund on the effective date of these 
rules shall submit the relevant portion of its FCC Form 499-A in 
accordance with paragraphs (c)(5)(iii)(C)(2) and (3) of this section.
    (2) Information required for purposes of TRS Fund contributions. A 
non-interconnected VoIP service provider that is subject to the 
registration requirement pursuant to paragraph (c)(5)(iii)(C)(1) of this 
section shall provide the following information:
    (i) The provider's business name(s) and primary address;
    (ii) The names and business addresses of the provider's chief 
executive officer, chairperson, and president, or, in the event that a 
provider does not have such executives, three similarly senior-level 
officials of the provider;
    (iii) The provider's regulatory contact and/or designated agent;
    (iv) All names that the provider has used in the past; and
    (v) The state(s) in which the provider provides such service.
    (3) Submission of registration. A provider that is subject to the 
registration requirement pursuant to paragraph (c)(5)(iii)(C)(1) of this 
section shall submit the information described in paragraph 
(c)(5)(iii)(C)(2) of this section in accordance with the Instructions to 
FCC Form 499-A. FCC Form 499-A must be submitted under oath and penalty 
of perjury.
    (4) Changes in information. A provider must notify the Commission of 
any changes to the information provided pursuant to paragraph 
(c)(5)(iii)(C)(2) of this section within no more than one week of the 
change. Providers may satisfy this requirement by filing the relevant 
portion of FCC Form 499-A in accordance with the Instructions to such 
form.
    (D) Data collection and audits.
    (1) Cost and demand data. TRS providers seeking compensation from 
the TRS Fund shall provide the administrator with true and adequate 
data, and other historical, projected and state rate related information 
reasonably requested to determine the TRS Fund revenue requirements and 
payments. TRS providers shall provide the administrator with the 
following: total TRS minutes of use, total interstate TRS minutes of 
use, total operating expenses and total TRS investment in general in 
accordance with part 32 of this chapter, and other historical or 
projected information reasonably requested by the administrator for 
purposes of computing payments and revenue requirements. In annual cost 
data filings and supplementary information provided to the administrator 
regarding such cost data, IP CTS providers that contract for the supply 
of services used in the provision of TRS shall include information about 
payments under such contracts, classified according to the substantive 
cost categories specified by the administrator. To the extent that a 
third party's provision of services covers more than one cost category, 
the resubmitted cost reports must provide an explanation of how the 
provider determined or calculated the portion of contractual payments 
attributable to each cost category. To

[[Page 458]]

the extent that the administrator reasonably deems necessary, providers 
shall submit additional detail on such contractor expenses, including 
but not limited to complete copies of such contracts and related 
correspondence or other records and information relevant to determining 
the nature of the services provided and the allocation of the costs of 
such services to cost categories.
    (2) Call data required from all TRS providers. In addition to the 
data requested by paragraph (c)(5)(iii)(D)(1) of this section, TRS 
providers seeking compensation from the TRS Fund shall submit the 
following specific data associated with each TRS call for which 
compensation is sought:
    (i) The call record ID sequence;
    (ii) CA ID number;
    (iii) Session start and end times noted at a minimum to the nearest 
second;
    (iv) Conversation start and end times noted at a minimum to the 
nearest second;
    (v) Incoming telephone number and IP address (if call originates 
with an IP-based device) at the time of the call;
    (vi) Outbound telephone number (if call terminates to a telephone) 
and IP address (if call terminates to an IP-based device) at the time of 
call;
    (vii) Total conversation minutes;
    (viii) Total session minutes;
    (ix) The call center (by assigned center ID number) or home 
workstation (by assigned home workstation identification number) that 
handled the call; and
    (x) The URL address through which the call is initiated.
    (3) Additional call data required from internet-based Relay 
Providers. In addition to the data required by paragraph 
(c)(5)(iii)(D)(2) of this section, internet-based Relay Providers 
seeking compensation from the Fund shall submit speed of answer 
compliance data.
    (4) Call record and speed of answer data. Providers submitting call 
record and speed of answer data in compliance with paragraphs 
(c)(5)(iii)(D)(2) and (3) of this section shall:
    (i) Employ an automated record keeping system to capture such data 
required pursuant to paragraph (c)(5)(iii)(D)(2) of this section for 
each TRS call for which minutes are submitted to the fund administrator 
for compensation; and
    (ii) Submit such data electronically, in a standardized format. For 
purposes of this subparagraph, an automated record keeping system is a 
system that captures data in a computerized and electronic format that 
does not allow human intervention during the call session for either 
conversation or session time.
    (5) Certification. The chief executive officer (CEO), chief 
financial officer (CFO), or other senior executive of a TRS provider 
with first hand knowledge of the accuracy and completeness of the 
information provided, when submitting a request for compensation from 
the TRS Fund must, with each such request, certify as follows:

    I swear under penalty of perjury that:
    (i) I am ______ (name and title)______, an officer of the above-
named reporting entity and that I have examined the foregoing reports 
and that all requested information has been provided and all statements 
of fact, as well as all cost and demand data contained in this Relay 
Services Data Request, are true and accurate; and
    (ii) The TRS calls for which compensation is sought were handled in 
compliance with Section 225 of the Communications Act and the 
Commission's rules and orders, and are not the result of impermissible 
financial incentives or payments to generate calls.

    (6) Audits. The Fund administrator and the Commission, including the 
Office of Inspector General, shall have the authority to examine and 
verify TRS provider data as necessary to assure the accuracy and 
integrity of TRS Fund payments. TRS providers must submit to audits 
annually or at times determined appropriate by the Commission, the fund 
administrator, or by an entity approved by the Commission for such 
purpose. A TRS provider that fails to submit to a requested audit, or 
fails to provide documentation necessary for verification upon 
reasonable request, will be subject to an automatic suspension of 
payment until it submits to the requested audit or provides sufficient 
documentation. In the course of an audit or otherwise upon demand, an IP 
CTS provider must make available any relevant documentation, including 
contracts with

[[Page 459]]

entities providing services or equipment directly related to the 
provision of IP CTS, to the Commission, the TRS Fund administrator, or 
any person authorized by the Commission or TRS Fund administrator to 
conduct an audit.
    (7) Call data record retention. Internet-based TRS providers shall 
retain the data required to be submitted by this section, and all other 
call detail records, other records that support their claims for payment 
from the TRS Fund, and records used to substantiate the costs and 
expense data submitted in the annual relay service data request form, in 
an electronic format that is easily retrievable, for a minimum of five 
years.
    (E) Payments to TRS providers. (1) TRS Fund payments shall be 
distributed to TRS providers based on formulas approved or modified by 
the Commission. The administrator shall file schedules of payment 
formulas with the Commission. Such formulas shall be designed to 
compensate TRS providers for reasonable costs of providing interstate 
TRS, and shall be subject to Commission approval. Such formulas shall be 
based on total monthly interstate TRS minutes of use. The formulas 
should appropriately compensate interstate providers for the provision 
of TRS, whether intrastate or interstate.
    (2) TRS minutes of use for purposes of interstate cost recovery 
under the TRS Fund are defined as the minutes of use for completed 
interstate TRS calls placed through the TRS center beginning after call 
set-up and concluding after the last message call unit.
    (3) In addition to the data required under paragraph (c)(5)(iii)(C) 
of this section, all TRS providers, including providers who are not 
interexchange carriers, local exchange carriers, or certified state 
relay providers, must submit reports of interstate TRS minutes of use to 
the administrator in order to receive payments.
    (4) The administrator shall establish procedures to verify payment 
claims, and may suspend or delay payments to a TRS provider if the TRS 
provider fails to provide adequate verification of payment upon 
reasonable request, or if directed by the Commission to do so. The TRS 
Fund administrator shall make payments only to eligible TRS providers 
operating pursuant to the mandatory minimum standards as required in 
this section, and after disbursements to the administrator for 
reasonable expenses incurred by it in connection with TRS Fund 
administration. TRS providers receiving payments shall file a form 
prescribed by the administrator. The administrator shall fashion a form 
that is consistent with 47 CFR parts 32 and 36 procedures reasonably 
tailored to meet the needs of TRS providers.
    (5) The Commission shall have authority to audit providers and have 
access to all data, including carrier specific data, collected by the 
fund administrator. The fund administrator shall have authority to audit 
TRS providers reporting data to the administrator.
    (6) The administrator shall not be obligated to pay any request for 
compensation until it has been established as compensable. A request 
shall be established as compensable only after the administrator, in 
consultation with the Commission, or the Commission determines that the 
provider has met its burden to demonstrate that the claim is compensable 
under applicable Commission rules and the procedures established by the 
administrator. Any request for compensation for which payment has been 
suspended or withheld in accordance with paragraph (c)(5)(iii)(L) of 
this section shall not be established as compensable until the 
administrator, in consultation with the Commission, or the Commission 
determines that the request is compensable in accordance with paragraph 
(c)(5)(iii)(L)(4) of this section.
    (F) Eligibility for payment from the TRS Fund. (1) TRS providers, 
except Internet-based TRS providers, eligible for receiving payments 
from the TRS Fund must be:
    (i) TRS facilities operated under contract with and/or by certified 
state TRS programs pursuant to Sec.  64.606; or
    (ii) TRS facilities owned or operated under contract with a common 
carrier providing interstate services operated pursuant to this section; 
or
    (iii) Interstate common carriers offering TRS pursuant to this 
section.

[[Page 460]]

    (2) Internet-based TRS providers eligible for receiving payments 
from the TRS fund must be certified by the Commission pursuant to Sec.  
64.606.
    (G) Any eligible TRS provider as defined in paragraph (c)(5)(iii)(F) 
of this section shall notify the administrator of its intent to 
participate in the TRS Fund thirty (30) days prior to submitting reports 
of TRS interstate minutes of use in order to receive payment settlements 
for interstate TRS, and failure to file may exclude the TRS provider 
from eligibility for the year.
    (H) Administrator reporting, monitoring, and filing requirements. 
The administrator shall perform all filing and reporting functions 
required in paragraphs (c)(5)(iii)(A) through (c)(5)(iii)(J) of this 
section. TRS payment formulas and revenue requirements shall be filed 
with the Commission on May 1 of each year, to be effective the following 
July 1. The administrator shall report annually to the Commission an 
itemization of monthly administrative costs which shall consist of all 
expenses, receipts, and payments associated with the administration of 
the TRS Fund. The administrator is required to keep the TRS Fund 
separate from all other funds administered by the administrator, shall 
file a cost allocation manual (CAM) and shall provide the Commission 
full access to all data collected pursuant to the administration of the 
TRS Fund. The administrator shall account for the financial transactions 
of the TRS Fund in accordance with generally accepted accounting 
principles for federal agencies and maintain the accounts of the TRS 
Fund in accordance with the United States Government Standard General 
Ledger. When the administrator, or any independent auditor hired by the 
administrator, conducts audits of providers of services under the TRS 
program or contributors to the TRS Fund, such audits shall be conducted 
in accordance with generally accepted government auditing standards. In 
administering the TRS Fund, the administrator shall also comply with all 
relevant and applicable federal financial management and reporting 
statutes. The administrator shall establish a non-paid voluntary 
advisory committee of persons from the hearing and speech disability 
community, TRS users (voice and text telephone), interstate service 
providers, state representatives, and TRS providers, which will meet at 
reasonable intervals (at least semi-annually) in order to monitor TRS 
cost recovery matters. Each group shall select its own representative to 
the committee. The administrator's annual report shall include a 
discussion of the advisory committee deliberations.
    (I) Information filed with the administrator. The Chief Executive 
Officer (CEO), Chief Financial Officer (CFO), or other senior executive 
of a provider submitting minutes to the Fund for compensation must, in 
each instance, certify, under penalty of perjury, that the minutes were 
handled in compliance with section 225 of the Communications Act of 1934 
and the Commission's rules and orders, and are not the result of 
impermissible financial incentives or payments to generate calls. The 
CEO, CFO, or other senior executive of a provider submitting cost and 
demand data to the TRS Fund administrator shall certify under penalty of 
perjury that such information is true and correct. The administrator 
shall keep all data obtained from contributors and TRS providers 
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 Consumer and Governmental Affairs Bureau, 
the TRS Fund administrator may share data obtained from carriers with 
the administrators of the universal support mechanisms (see Sec.  54.701 
of this chapter), the North American Numbering Plan administration cost 
recovery (see Sec.  52.16 of this chapter), and the long-term local 
number portability cost recovery (see Sec.  52.32 of this chapter). The 
TRS Fund administrator shall keep confidential all data obtained from 
other administrators. The administrator shall not use such data except 
for purposes of administering the TRS Fund, calculating the regulatory 
fees of interstate and intrastate common carriers and VoIP service 
providers, and aggregating such fee payments for submission to the 
Commission. The Commission shall have

[[Page 461]]

access to all data reported to the administrator, and authority to audit 
TRS providers. 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.
    (J) [Reserved]
    (K) All parties providing services or contributions or receiving 
payments under this section are subject to the enforcement provisions 
specified in the Communications Act, the Americans with Disabilities 
Act, and the Commission's rules.
    (L) Procedures for the suspension/withholding of payment. (1) The 
Fund administrator will continue the current practice of reviewing 
monthly requests for compensation of TRS minutes of use within two 
months after they are filed with the Fund administrator.
    (2) If the Fund administrator in consultation with the Commission, 
or the Commission on its own accord, determines that payments for 
certain minutes should be withheld, a TRS provider will be notified 
within two months from the date for the request for compensation was 
filed, as to why its claim for compensation has been withheld in whole 
or in part. TRS providers then will be given two additional months from 
the date of notification to provide additional justification for payment 
of such minutes of use. Such justification should be sufficiently 
detailed to provide the Fund administrator and the Commission the 
information needed to evaluate whether the minutes of use in dispute are 
compensable. If a TRS provider does not respond, or does not respond 
with sufficiently detailed information within two months after 
notification that payment for minutes of use is being withheld, payment 
for the minutes of use in dispute will be denied permanently.
    (3) If, the TRS provider submits additional justification for 
payment of the minutes of use in dispute within two months after being 
notified that its initial justification was insufficient, the Fund 
administrator or the Commission will review such additional 
justification documentation, and may ask further questions or conduct 
further investigation to evaluate whether to pay the TRS provider for 
the minutes of use in dispute, within eight months after submission of 
such additional justification.
    (4) If the provider meets its burden to establish that the minutes 
in question are compensable under the Commission's rules, the Fund 
administrator will compensate the provider for such minutes of use. Any 
payment by the Commission will not preclude any future action by either 
the Commission or the U.S. Department of Justice to recover past 
payments (regardless of whether the payment was the subject of 
withholding) if it is determined at any time that such payment was for 
minutes billed to the Commission in violation of the Commission's rules 
or any other civil or criminal law.
    (5) If the Commission determines that the provider has not met its 
burden to demonstrate that the minutes of use in dispute are compensable 
under the Commission's rules, payment will be permanently denied. The 
Fund administrator or the Commission will notify the provider of this 
decision within one year of the initial request for payment.
    (6) If the VRS provider submits a waiver request asserting exigent 
circumstances affecting one or more call centers that will make it 
highly improbable that the VRS provider will meet the speed-of-answer 
standard for call attempts occurring in a period of time identified by 
beginning and ending dates, the Fund administrator shall not withhold 
TRS Fund payments for a VRS provider's failure to meet the speed-of-
answer standard during the identified period of time while the waiver 
request is under review by the Commission. In the event that the waiver 
request is denied, the speed-of-answer requirement is not met, and 
payment has been made to the provider from the TRS Fund for the 
identified period of time or a portion thereof, the provider shall 
return such payment to the TRS Fund for any period of time when the 
speed-of-answer requirement was not met.

[[Page 462]]

    (M) Whistleblower protections. Providers shall not take any reprisal 
in the form of a personnel action against any current or former employee 
or contractor who discloses to a designated manager of the provider, the 
Commission, the TRS Fund administrator or to any Federal or state law 
enforcement entity, any information that the reporting person reasonably 
believes evidences known or suspected violations of the Communications 
Act or TRS regulations, or any other activity that the reporting person 
reasonably believes constitutes waste, fraud, or abuse, or that 
otherwise could result in the improper billing of minutes of use to the 
TRS Fund and discloses that information to a designated manager of the 
provider, the Commission, the TRS Fund administrator or to any Federal 
or state law enforcement entity. Providers shall provide an accurate and 
complete description of these TRS whistleblower protections, including 
the right to notify the FCC's Office of Inspector General or its 
Enforcement Bureau, to all employees and contractors, in writing. 
Providers that already disseminate their internal business policies to 
its employees in writing (e.g. in employee handbooks, policies and 
procedures manuals, or bulletin board postings--either online or in hard 
copy) must include an accurate and complete description of these TRS 
whistleblower protections in those written materials.
    (N) In addition to the provisions set forth above, VRS providers 
shall be subject to the following provisions:
    (1) Eligibility for reimbursement from the TRS Fund. (i) Only an 
eligible VRS provider, as defined in paragraph (c)(5)(iii)(F) of this 
section, may hold itself out to the general public as providing VRS.
    (ii) VRS service must be offered under the name by which the 
eligible VRS provider offering such service became certified and in a 
manner that clearly identifies that provider of the service. Where a TRS 
provider also utilizes sub-brands to identify its VRS, each sub-brand 
must clearly identify the eligible VRS provider. Providers must route 
all VRS calls through a single URL address used for each name or sub-
brand used.
    (iii) An eligible VRS provider may not contract with or otherwise 
authorize any third party to provide interpretation services or call 
center functions (including call distribution, call routing, call setup, 
mapping, call features, billing, and registration) on its behalf, unless 
that authorized third party also is an eligible provider.
    (iv) To the extent that an eligible VRS provider contracts with or 
otherwise authorizes a third party to provide any other services or 
functions related to the provision of VRS other than interpretation 
services or call center functions, that third party must not hold itself 
out as a provider of VRS, and must clearly identify the eligible VRS 
provider to the public. To the extent an eligible VRS provider contracts 
with or authorizes a third party to provide any services or functions 
related to marketing or outreach, and such services utilize VRS, those 
VRS minutes are not compensable on a per minute basis from the TRS fund.
    (v) All third-party contracts or agreements entered into by an 
eligible provider must be in writing. Copies of such agreements shall be 
made available to the Commission and to the TRS Fund administrator upon 
request.
    (2) Call center reports. VRS providers shall file a written report 
with the Commission and the TRS Fund administrator, on April 1st and 
October 1st of each year for each call center that handles VRS calls 
that the provider owns or controls, including centers located outside of 
the United States, that includes:
    (i) The complete street address of the center;
    (ii) The number of individual CAs and CA managers; and
    (iii) The name and contact information (phone number and e-mail 
address) of the manager(s) at the center. VRS providers shall also file 
written notification with the Commission and the TRS Fund administrator 
of any change in a center's location, including the opening, closing, or 
relocation of any center, at least 30 days prior to any such change.
    (3) Compensation of CAs. VRS providers may not compensate, give a 
preferential work schedule or otherwise benefit a CA in any manner that

[[Page 463]]

is based upon the number of VRS minutes or calls that the CA relays, 
either individually or as part of a group.
    (4) Remote training session calls. VRS calls to a remote training 
session or a comparable activity will not be compensable from the TRS 
Fund when the provider submitting minutes for such a call has been 
involved, in any manner, with such a training session. Such prohibited 
involvement includes training programs or comparable activities in which 
the provider or any affiliate or related party thereto, including but 
not limited to its subcontractors, partners, employees or sponsoring 
organizations or entities, has any role in arranging, scheduling, 
sponsoring, hosting, conducting or promoting such programs or 
activities.
    (6) Complaints--(i) Referral of complaint. If a complaint to the 
Commission alleges a violation of this subpart with respect to 
intrastate TRS within a state and certification of the program of such 
state under Sec.  64.606 is in effect, the Commission shall refer such 
complaint to such state expeditiously.
    (ii) Intrastate complaints shall be resolved by the state within 180 
days after the complaint is first filed with a state entity, regardless 
of whether it is filed with the state relay administrator, a state PUC, 
the relay provider, or with any other state entity.
    (iii) Jurisdiction of Commission. After referring a complaint to a 
state entity under paragraph (c)(6)(i) of this section, or if a 
complaint is filed directly with a state entity, the Commission shall 
exercise jurisdiction over such complaint only if:
    (A) Final action under such state program has not been taken within:
    (1) 180 days after the complaint is filed with such state entity; or
    (2) A shorter period as prescribed by the regulations of such state; 
or
    (B) The Commission determines that such state program is no longer 
qualified for certification under Sec.  64.606.
    (iv) The Commission shall resolve within 180 days after the 
complaint is filed with the Commission any interstate TRS complaint 
alleging a violation of section 225 of the Act or any complaint 
involving intrastate relay services in states without a certified 
program. The Commission shall resolve intrastate complaints over which 
it exercises jurisdiction under paragraph (c)(6)(iii) of this section 
within 180 days.
    (v) Complaint procedures. Complaints against TRS providers for 
alleged violations of this subpart may be either informal or formal.
    (A) Informal complaints--(1) Form. An informal complaint may be 
transmitted to the Consumer & Governmental Affairs Bureau by any 
reasonable means, such as letter, facsimile transmission, telephone 
(voice/TRS/TTY), Internet e-mail, or some other method that would best 
accommodate a complainant's hearing or speech disability.
    (2) Content. An informal complaint shall include the name and 
address of the complainant; the name and address of the TRS provider 
against whom the complaint is made; a statement of facts supporting the 
complainant's allegation that the TRS provided it has violated or is 
violating section 225 of the Act and/or requirements under the 
Commission's rules; the specific relief or satisfaction sought by the 
complainant; and the complainant's preferred format or method of 
response to the complaint by the Commission and the defendant TRS 
provider (such as letter, facsimile transmission, telephone (voice/TRS/
TTY), Internet e-mail, or some other method that would best accommodate 
the complainant's hearing or speech disability).
    (3) Service; designation of agents. The Commission shall promptly 
forward any complaint meeting the requirements of this subsection to the 
TRS provider named in the complaint. Such TRS provider shall be called 
upon to satisfy or answer the complaint within the time specified by the 
Commission. Every TRS provider shall file with the Commission a 
statement designating an agent or agents whose principal responsibility 
will be to receive all complaints, inquiries, orders, decisions, and 
notices and other pronouncements forwarded by the Commission. Such 
designation shall include a name or department designation, business 
address, telephone number (voice and TTY), facsimile number and, if 
available, internet e-mail address.

[[Page 464]]

    (B) Review and disposition of informal complaints. (1) Where it 
appears from the TRS provider's answer, or from other communications 
with the parties, that an informal complaint has been satisfied, the 
Commission may, in its discretion, consider the matter closed without 
response to the complainant or defendant. In all other cases, the 
Commission shall inform the parties of its review and disposition of a 
complaint filed under this subpart. Where practicable, this information 
shall be transmitted to the complainant and defendant in the manner 
requested by the complainant (e.g., letter, facsmile transmission, 
telephone (voice/TRS/TTY) or Internet e-mail.
    (2) A complainant unsatisfied with the defendant's response to the 
informal complaint and the staff's decision to terminate action on the 
informal complaint may file a formal complaint with the Commission 
pursuant to paragraph (c)(6)(v)(C) of this section.
    (C) Formal complaints. A formal complaint shall be in writing, 
addressed to the Federal Communications Commission, Enforcement Bureau, 
Telecommunications Consumer Division, Washington, DC 20554 and shall 
contain:
    (1) The name and address of the complainant,
    (2) The name and address of the defendant against whom the complaint 
is made,
    (3) A complete statement of the facts, including supporting data, 
where available, showing that such defendant did or omitted to do 
anything in contravention of this subpart, and
    (4) The relief sought.
    (D) Amended complaints. An amended complaint setting forth 
transactions, occurrences or events which have happened since the filing 
of the original complaint and which relate to the original cause of 
action may be filed with the Commission.
    (E) Number of copies. An original and two copies of all pleadings 
shall be filed.
    (F) Service. (1) Except where a complaint is referred to a state 
pursuant to Sec.  64.604(c)(6)(i), or where a complaint is filed 
directly with a state entity, the Commission will serve on the named 
party a copy of any complaint or amended complaint filed with it, 
together with a notice of the filing of the complaint. Such notice shall 
call upon the defendant to satisfy or answer the complaint in writing 
within the time specified in said notice of complaint.
    (2) All subsequent pleadings and briefs shall be served by the 
filing party on all other parties to the proceeding in accordance with 
the requirements of Sec.  1.47 of this chapter. Proof of such service 
shall also be made in accordance with the requirements of said section.
    (G) Answers to complaints and amended complaints. Any party upon 
whom a copy of a complaint or amended complaint is served under this 
subpart shall serve an answer within the time specified by the 
Commission in its notice of complaint. The answer shall advise the 
parties and the Commission fully and completely of the nature of the 
defense and shall respond specifically to all material allegations of 
the complaint. In cases involving allegations of harm, the answer shall 
indicate what action has been taken or is proposed to be taken to stop 
the occurrence of such harm. Collateral or immaterial issues shall be 
avoided in answers and every effort should be made to narrow the issues. 
Matters alleged as affirmative defenses shall be separately stated and 
numbered. Any defendant failing to file and serve an answer within the 
time and in the manner prescribed may be deemed in default.
    (H) Replies to answers or amended answers. Within 10 days after 
service of an answer or an amended answer, a complainant may file and 
serve a reply which shall be responsive to matters contained in such 
answer or amended answer and shall not contain new matter. Failure to 
reply will not be deemed an admission of any allegation contained in 
such answer or amended answer.
    (I) Defective pleadings. Any pleading filed in a complaint 
proceeding that is not in substantial conformity with the requirements 
of the applicable rules in this subpart may be dismissed.

[[Page 465]]

    (7) Treatment of TRS customer information. Beginning on July 21, 
2000, all future contracts between the TRS administrator and the TRS 
vendor shall provide for the transfer of TRS customer profile data from 
the outgoing TRS vendor to the incoming TRS vendor. Such data must be 
disclosed in usable form at least 60 days prior to the provider's last 
day of service provision. Such data may not be used for any purpose 
other than to connect the TRS user with the called parties desired by 
that TRS user. Such information shall not be sold, distributed, shared 
or revealed in any other way by the relay center or its employees, 
unless compelled to do so by lawful order.
    (8) Incentives for use of IP CTS and VRS. (i) An IP CTS provider 
shall not offer or provide to any person or entity that registers to use 
IP CTS any form of direct or indirect incentives, financial or 
otherwise, to register for or use IP CTS.
    (ii) An IP CTS provider shall not offer or provide to a hearing 
health professional any direct or indirect incentives, financial or 
otherwise, that are tied to a consumer's decision to register for or use 
IP CTS. Where an IP CTS provider offers or provides IP CTS equipment, 
directly or indirectly, to a hearing health professional, and such 
professional makes or has the opportunity to make a profit on the sale 
of the equipment to consumers, such IP CTS provider shall be deemed to 
be offering or providing a form of incentive tied to a consumer's 
decision to register for or use IP CTS.
    (iii) Joint marketing arrangements between IP CTS providers and 
hearing health professionals shall be prohibited.
    (iv) For the purpose of this paragraph (c)(8), a hearing health 
professional is any medical or non-medical professional who advises 
consumers with regard to hearing disabilities.
    (v) A VRS provider shall not offer or provide to any person or 
entity any form of direct or indirect incentives, financial or 
otherwise, for the purpose of encouraging individuals to register for or 
use the VRS provider's service.
    (vi) Any IP CTS or VRS provider that does not comply with this 
paragraph (c)(8) shall be ineligible for compensation for such service 
from the TRS Fund.
    (9) [Reserved]
    (10) IP CTS settings. Each IP CTS provider shall ensure that, for 
each IP CTS device it distributes, directly or indirectly:
    (i) The device includes a button, key, icon, or other comparable 
feature that is easily operable and requires only one step for the 
consumer to turn on captioning; and
    (ii) On or after December 8, 2018, any volume control or other 
amplification feature can be adjusted separately and independently of 
the caption feature.
    (11)(i)[Reserved]
    (ii) No person shall use IP CTS equipment or software with the 
captioning on, unless:
    (A) Such person is registered to use IP CTS pursuant to paragraph 
(c)(9) of this section; or
    (B) Such person was an existing IP CTS user as of March 7, 2013, and 
either paragraph (c)(9)(xi) of this section is not yet in effect or the 
registration deadline in paragraph (c)(9)(xi) of this section has not 
yet passed.
    (iii) IP CTS providers shall ensure that any newly distributed IP 
CTS equipment has a label on its face in a conspicuous location with the 
following language in a clearly legible font: ``FEDERAL LAW PROHIBITS 
ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING THIS DEVICE 
WITH THE CAPTIONS ON.'' For IP CTS equipment already distributed to 
consumers by any IP CTS provider as of July 11, 2014, such provider 
shall, no later than August 11, 2014, distribute to consumers equipment 
labels with the same language as mandated by this paragraph for newly 
distributed equipment, along with clear and specific instructions 
directing the consumer to attach such labels to the face of their IP CTS 
equipment in a conspicuous location. For software applications on mobile 
phones, laptops, tablets, computers or other similar devices, IP CTS 
providers shall ensure that, each time the consumer logs into the 
application, the notification language required by this paragraph 
appears in a conspicuous location on the device screen immediately after 
log-in.

[[Page 466]]

    (iv) IP CTS providers shall maintain, with each consumer's 
registration records, records describing any IP CTS equipment provided, 
directly or indirectly, to such consumer, stating the amount paid for 
such equipment, and stating whether the label required by paragraph 
(c)(11)(iii) of this section was affixed to such equipment prior to its 
provision to the consumer. For consumers to whom IP CTS equipment was 
provided directly or indirectly prior to the effective date of this 
paragraph (c)(11), such records shall state whether and when the label 
required by paragraph (c)(11)(iii) of this section was distributed to 
such consumer. Such records shall be maintained for a minimum period of 
five years after the consumer ceases to obtain service from the 
provider.
    (v) IP CTS providers shall ensure that their informational materials 
and websites used to market, advertise, educate, or otherwise inform 
consumers and professionals about IP CTS include the following language 
in a prominent location in a clearly legible font: ``FEDERAL LAW 
PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING 
INTERNET PROTOCOL (IP) CAPTIONED TELEPHONES WITH THE CAPTIONS TURNED ON. 
IP Captioned Telephone Service may use a live operator. The operator 
generates captions of what the other party to the call says. These 
captions are then sent to your phone. There is a cost for each minute of 
captions generated, paid from a federally administered fund.'' For IP 
CTS provider websites, the language shall be included on the website's 
home page, each page that provides consumer information about IP CTS, 
and each page that provides information on how to order IP CTS or IP CTS 
equipment. IP CTS providers that do not make any use of live CAs to 
generate captions may shorten the notice to leave out the second, third, 
and fourth sentences.
    (12) Discrimination and preferences. A VRS provider shall not:
    (i) Directly or indirectly, by any means or device, engage in any 
unjust or unreasonable discrimination related to practices, facilities, 
or services for or in connection with like relay service,
    (ii) Engage in or give any undue or unreasonable preference or 
advantage to any particular person, class of persons, or locality, or
    (iii) Subject any particular person, class of persons, or locality 
to any undue or unreasonable prejudice or disadvantage.
    (13) Unauthorized and unnecessary use of VRS or IP CTS. (i) A VRS or 
IP CTS provider shall not engage in any practice that the provider knows 
or has reason to know will cause or encourage:
    (A) False or unverified claims for TRS Fund compensation;
    (B) Unauthorized use of VRS or IP CTS;
    (C) The making of VRS or IP CTS calls that would not otherwise be 
made; or
    (D) The use of VRS or IP CTS by persons who do not need the service 
in order to communicate in a functionally equivalent manner.
    (ii) A VRS or IP CTS provider shall not seek payment from the TRS 
Fund for any minutes of service it knows or has reason to know are 
resulting from the practices listed in paragraph (c)(13)(i) of this 
section or from the use of IP CTS by an individual who does not need 
captions to communicate in a functionally equivalent manner.
    (iii) Any VRS or IP CTS provider that becomes aware of any practices 
listed in paragraphs (c)(13)(i) or (ii) of this section being or having 
been committed by any person shall, as soon as practicable, report such 
practices to the Commission or the TRS Fund administrator.
    (iv) An IP CTS provider may complete and request compensation for IP 
CTS calls to or from unregistered users at a temporary, public IP CTS 
device set up in an emergency shelter. The IP CTS provider shall notify 
the TRS Fund administrator of the dates of activation and termination 
for such device.
    (14) TRS calls requiring the use of multiple CAs. The following 
types of calls that require multiple CAs for their handling are 
compensable from the TRS Fund:

[[Page 467]]

    (i) VCO-to-VCO calls between multiple captioned telephone relay 
service users, multiple IP CTS users, or captioned telephone relay 
service users and IP CTS users;
    (ii) Calls between captioned telephone relay service or IP CTS users 
and TTY service users; and
    (iii) Calls between captioned telephone relay service or IP CTS 
users and VRS users.
    (d) Other standards. The applicable requirements of Sec.  9.14 of 
this chapter and Sec. Sec.  64.611, 64.615, 64.621, 64.631, 64.632, 
64.5105, 64.5107, 64.5108, 64.5109, and 64.5110 are to be considered 
mandatory minimum standards.

[65 FR 38436, June 21, 2000]

    Editorial Note: For Federal Register citations affecting Sec.  
64.604, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec.  64.605  [Reserved]



Sec.  64.606  Internet-based TRS provider and TRS program certification.

    (a) Documentation--(1) Certified state program. Any state, through 
its office of the governor or other delegated executive office empowered 
to provide TRS, desiring to establish a state program under this section 
shall submit documentation to the Commission addressed to the Federal 
Communications Commission, Chief, Consumer and Governmental Affairs 
Bureau, TRS Certification Program, Washington, DC 20554, and captioned 
``TRS State Certification Application.'' All documentation shall be 
submitted in narrative form, shall clearly describe the state program 
for implementing intrastate TRS, and the procedures and remedies for 
enforcing any requirements imposed by the state program. The Commission 
shall give public notice of state applications for certification.
    (2) Internet-based TRS provider. Any entity desiring to provide 
Internet-based TRS and to receive compensation from the Interstate TRS 
Fund, shall submit documentation to the Commission addressed to the 
Federal Communications Commission, Chief, Consumer and Governmental 
Affairs Bureau, TRS Certification Program, Washington, DC 20554, and 
captioned ``Internet-based TRS Certification Application.'' The 
documentation shall include, in narrative form:
    (i) A description of the forms of Internet-based TRS to be provided 
(i.e., VRS, IP Relay, and/or IP captioned telephone relay service);
    (ii) A detailed description of how the applicant will meet all non-
waived mandatory minimum standards applicable to each form of TRS 
offered, including documentary and other evidence, and in the case of 
VRS, such documentary and other evidence shall demonstrate that the 
applicant leases, licenses or has acquired its own facilities and 
operates such facilities associated with TRS call centers and employs 
communications assistants, on a full or part-time basis, to staff such 
call centers at the date of the application. Such evidence shall 
include, but not be limited to:
    (A) In the case of VRS applicants or providers,
    (1) Operating five or fewer call centers within the United States, a 
copy of each deed or lease for each call center operated by the 
applicant within the United States;
    (2) Operating more than five call centers within the United States, 
a copy of each deed or lease for a representative sampling (taking into 
account size (by number of communications assistants) and location) of 
five call centers operated by the applicant within the United States, 
together with a list of all other call centers that they operate that 
includes the information required under Sec.  64.604(c)(5)(iii)(N)(2);
    (3) Operating call centers outside of the United States, a copy of 
each deed or lease for each call center operated by the applicant 
outside of the United States;
    (4) A description of the technology and equipment used to support 
their call center functions--including, but not limited to, automatic 
call distribution, routing, call setup, mapping, call features, billing 
for compensation from the TRS Fund, and registration--and for each core 
function of each call center for which the applicant must provide a copy 
of technology and equipment proofs of purchase, leases or license 
agreements in accordance with

[[Page 468]]

paragraphs (a)(2)(ii)(A)(5) through (7) of this section, a statement 
whether such technology and equipment is owned, leased or licensed (and 
from whom if leased or licensed);
    (5) Operating five or fewer call centers within the United States, a 
copy of each proof of purchase, lease or license agreement for all 
technology and equipment used to support their call center functions for 
each call center operated by the applicant within the United States;
    (6) Operating more than five call centers within the United States, 
a copy of each proof of purchase, lease or license agreement for 
technology and equipment used to support their call center functions for 
a representative sampling (taking into account size (by number of 
communications assistants) and location) of five call centers operated 
by the applicant within the United States; a copy of each proof of 
purchase, lease or license agreement for technology and equipment used 
to support their call center functions for all call centers operated by 
the applicant within the United States must be retained by the applicant 
for three years from the date of the application, and submitted to the 
Commission upon request;
    (7) Operating call centers outside of the United States, a copy of 
each proof of purchase, lease or license agreement for all technology 
and equipment used to support their call center functions for each call 
center operated by the applicant outside of the United States; and
    (8) A complete copy of each lease or license agreement for automatic 
call distribution.
    (B) For all applicants, a list of individuals or entities that hold 
at least a 10 percent equity interest in the applicant, have the power 
to vote 10 percent or more of the securities of the applicant, or 
exercise de jure or de facto control over the applicant, a description 
of the applicant's organizational structure, and the names of its 
executives, officers, members of its board of directors, general 
partners (in the case of a partnership), and managing members (in the 
case of a limited liability company);
    (C) For all applicants, a list of the number of applicant's full-
time and part-time employees involved in TRS operations, including and 
divided by the following positions: executives and officers; video phone 
installers (in the case of VRS), communications assistants, and persons 
involved in marketing and sponsorship activities;
    (D) For all applicants, copies of employment agreements for all of 
the provider's employees directly involved in TRS operations, 
executives, and communications assistants, and a list of names of 
employees directly involved in TRS operations, need not be submitted 
with the application, but must be retained by the applicant for five 
years from the date of application, and submitted to the Commission upon 
request; and
    (E) For all applicants, a list of all sponsorship arrangements 
relating to Internet-based TRS, including on that list a description of 
any associated written agreements; copies of all such arrangements and 
agreements must be retained by the applicant for three years from the 
date of the application, and submitted to the Commission upon request;
    (F) In the case of applicants to provide IP CTS or IP CTS providers, 
a description of measures taken by such applicants or providers to 
ensure that they do not and will not request or collect payment from the 
TRS Fund for service to consumers who do not satisfy the registration 
and certification requirements in Sec.  64.604(c)(9), and an explanation 
of how these measures provide such assurance.
    (iii) A description of the provider's complaint procedures; and
    (iv) A statement that the provider will file annual compliance 
reports demonstrating continued compliance with these rules.
    (v) The chief executive officer (CEO), chief financial officer 
(CFO), or other senior executive of an applicant for Internet-based TRS 
certification under this section with first hand knowledge of the 
accuracy and completeness of the information provided, when submitting 
an application for certification under paragraph (a)(2) of this section, 
must certify as follows: I swear under penalty of perjury that I am 
________(name and title), ________an officer of the above-named 
applicant, and

[[Page 469]]

that I have examined the foregoing submissions, and that all information 
required under the Commission's rules and orders has been provided and 
all statements of fact, as well as all documentation contained in this 
submission, are true, accurate, and complete.
    (3) Assessment of internet-based TRS provider certification 
application. In order to assess the merits of a certification 
application submitted by an Internet-based TRS provider, the Commission 
may conduct one or more on-site visits of the applicant's premises, to 
which the applicant must consent.
    (4) At-home VRS call handling. An applicant for initial VRS 
certification that desires to provide at-home VRS call handling shall 
include a detailed plan describing how the VRS provider will ensure 
compliance with the requirements of Sec.  64.604(b)(8).
    (b)(1) Requirements for state certification. After review of state 
documentation, the Commission shall certify, by letter, or order, the 
state program if the Commission determines that the state certification 
documentation:
    (i) Establishes that the state program meets or exceeds all 
operational, technical, and functional minimum standards contained in 
Sec.  64.604;
    (ii) Establishes that the state program makes available adequate 
procedures and remedies for enforcing the requirements of the state 
program, including that it makes available to TRS users informational 
materials on state and Commission complaint procedures sufficient for 
users to know the proper procedures for filing complaints; and
    (iii) Where a state program exceeds the mandatory minimum standards 
contained in Sec.  64.604, the state establishes that its program in no 
way conflicts with federal law.
    (2) Requirements for Internet-based TRS Provider FCC certification. 
After review of certification documentation, the Commission shall 
certify, by Public Notice, that the Internet-based TRS provider is 
eligible for compensation from the Interstate TRS Fund if the Commission 
determines that the certification documentation:
    (i) Establishes that the provision of Internet-based TRS will meet 
or exceed all non-waived operational, technical, and functional minimum 
standards contained in Sec.  64.604;
    (ii) Establishes that the Internet-based TRS provider makes 
available adequate procedures and remedies for ensuring compliance with 
the requirements of this section and the mandatory minimum standards 
contained in Sec.  64.604, including that it makes available for TRS 
users informational materials on complaint procedures sufficient for 
users to know the proper procedures for filing complaints.
    (c)(1) State certification period. State certification shall remain 
in effect for five years. One year prior to expiration of certification, 
a state may apply for renewal of its certification by filing 
documentation as prescribed by paragraphs (a) and (b) of this section.
    (2) Internet-based TRS Provider FCC certification period. 
Certification granted under this section shall remain in effect for five 
years. An Internet-based TRS provider applying for renewal of its 
certification must file documentation with the Commission containing the 
information described in paragraph (a)(2) of this section at least 90 
days prior to expiration of its certification.
    (d) Method of funding. Except as provided in Sec.  64.604, the 
Commission shall not refuse to certify a state program based solely on 
the method such state will implement for funding intrastate TRS, but 
funding mechanisms, if labeled, shall be labeled in a manner that 
promote national understanding of TRS and do not offend the public.
    (e)(1) Suspension or revocation of state certification. The 
Commission may suspend or revoke such certification if, after notice and 
opportunity for hearing, the Commission determines that such 
certification is no longer warranted. In a state whose program has been 
suspended or revoked, the Commission shall take such steps as may be 
necessary, consistent with this subpart, to ensure continuity of TRS. 
The Commission may, on its own motion, require a certified state program 
to submit documentation demonstrating ongoing compliance with the 
Commission's minimum standards if, for example, the Commission receives 
evidence that a state program may not be in compliance with the minimum 
standards.

[[Page 470]]

    (2) Suspension or revocation of Internet-based TRS Provider FCC 
certification. The Commission may suspend or revoke the certification of 
an Internet-based TRS provider if, after notice and opportunity for 
hearing, the Commission determines that such certification is no longer 
warranted. The Commission may, on its own motion, require a certified 
Internet-based TRS provider to submit documentation demonstrating 
ongoing compliance with the Commission's minimum standards if, for 
example, the Commission receives evidence that a certified Internet-
based TRS provider may not be in compliance with the minimum standards.
    (f) Notification of substantive change. (1) States must notify the 
Commission of substantive changes in their TRS programs within 60 days 
of when they occur, and must certify that the state TRS program 
continues to meet federal minimum standards after implementing the 
substantive change.
    (2) VRS and IP Relay providers certified under this section must 
notify the Commission of substantive changes in their TRS programs, 
services, and features within 60 days of when such changes occur, and 
must certify that the interstate TRS provider continues to meet Federal 
minimum standards after implementing the substantive change. Substantive 
changes shall include, but not be limited to:
    (i) The use of new equipment or technologies to facilitate the 
manner in which relay services are provided;
    (ii) Providing services from a new facility not previously 
identified to the Commission or the Fund administrator; and
    (iii) Discontinuation of service from any facility.
    (g) Internet-based TRS providers certified under this section shall 
file with the Commission, on an annual basis, a report demonstrating 
that they are in compliance with Sec.  64.604.
    (1) Such reports must update the information required in paragraph 
(a)(2) of this section and include updated documentation and a summary 
of the updates, or certify that there are no changes to the information 
and documentation submitted with the application for certification, 
application for renewal of certification, or the most recent annual 
report, as applicable.
    (2) The chief executive officer (CEO), chief financial officer 
(CFO), or other senior executive of an Internet-based TRS provider under 
this section with first hand knowledge of the accuracy and completeness 
of the information provided, when submitting an annual report under 
paragraph (g) of this section, must, with each such submission, certify 
as follows:

    I swear under penalty of perjury that I am __________________ (name 
and title), an officer of the above-named reporting entity, and that I 
have examined the foregoing submissions, and that all information 
required under the Commission's rules and orders has been provided and 
all statements of fact, as well as all documentation contained in this 
submission, are true, accurate, and complete.

    (3) Each VRS provider shall include within its annual report a 
compliance plan describing the provider's policies, procedures, and 
practices for complying with the requirements of Sec.  64.604(c)(13) of 
this subpart. Such compliance plan shall include, at a minimum:
    (i) Identification of any officer(s) or managerial employee(s) 
responsible for ensuring compliance with Sec.  64.604(c)(13) of this 
subpart;
    (ii) A description of any compliance training provided to the 
provider's officers, employees, and contractors;
    (iii) Identification of any telephone numbers, Web site addresses, 
or other mechanisms available to employees for reporting abuses;
    (iv) A description of any internal audit processes used to ensure 
the accuracy and completeness of minutes submitted to the TRS Fund 
administrator; and
    (v) A description of all policies and practices that the provider is 
following to prevent waste, fraud, and abuse of the TRS Fund. A provider 
that fails to file a compliance plan shall not be entitled to 
compensation for the provision of VRS during the period of 
noncompliance.
    (4) If, at any time, the Commission determines that a VRS provider's 
compliance plan currently on file is inadequate to prevent waste, fraud, 
and

[[Page 471]]

abuse of the TRS Fund, the Commission shall so notify the provider, 
shall explain the reasons the plan is inadequate, and shall direct the 
provider to correct the identified defects and submit an amended 
compliance plan reflecting such correction within a specified time 
period not to exceed 60 days. A provider that fails to comply with such 
directive shall not be entitled to compensation for the provision of VRS 
during the period of noncompliance. A submitted compliance plan shall 
not be prima facie evidence of the plan's adequacy; nor shall it be 
evidence that the provider has fulfilled its obligations under Sec.  
64.604(c)(13) of this subpart.
    (5) If a VRS provider is authorized to provide at-home call 
handling, its annual compliance report shall include the following 
information:
    (i) The total number of CAs handling VRS calls from home 
workstations over the preceding year;
    (ii) The number of 911 calls handled by the provider's home 
workstations;
    (iii) The total number of complaints, if any, submitted to the 
provider regarding its at-home call handling program or calls handled by 
at-home CAs; and
    (iv) A description of any substantive changes in the VRS provider's 
currently effective at-home call-handling compliance plan.
    (h) Unauthorized service interruptions. (1) Each certified VRS 
provider must provide Internet-based TRS without unauthorized voluntary 
service interruptions.
    (2) A VRS provider seeking to voluntarily interrupt service for a 
period of 30 minutes or more in duration must first obtain Commission 
authorization by submitting a written request to the Commission's 
Consumer and Governmental Affairs Bureau (CGB) at least 60 days prior to 
any planned service interruption, with detailed information of:
    (i) Its justification for such interruption;
    (ii) Its plan to notify customers about the impending interruption; 
and
    (iii) Its plans for resuming service, so as to minimize the impact 
of such disruption on consumers through a smooth transition of temporary 
service to another provider, and restoration of its service at the 
completion of such interruption. CGB will grant or deny such a request 
and provide a response to the provider at least 35 days prior to the 
proposed interruption, in order to afford an adequate period of 
notification to consumers. In evaluating such a request, CGB will 
consider such factors as the length of time of the proposed 
interruption, the reason for such interruption, the frequency with which 
such requests have been made by the provider in the past, the potential 
impact of the interruption on consumers, and the provider's plans for a 
smooth service restoration.
    (3) In the event of an unforeseen service interruption due to 
circumstances beyond an Internet-based TRS service provider's control, 
or in the event of a VRS provider's voluntary service interruption of 
less than 30 minutes in duration, the provider must submit a written 
notification to CGB within two business days of the commencement of the 
service interruption, with an explanation of when and how the provider 
has restored service or the provider's plan to do so imminently. In the 
event the provider has not restored service at the time such report is 
filed, the provider must submit a second report within two business days 
of the restoration of service with an explanation of when and how the 
provider has restored service. The provider also must provide 
notification of service outages covered by this paragraph to consumers 
on an accessible Web site, and that notification of service status must 
be updated in a timely manner.
    (4) A VRS provider that fails to obtain prior Commission 
authorization for a voluntary service interruption or fails to provide 
written notification after a voluntary service interruption of less than 
30 minutes in duration, or an Internet-based TRS provider that fails to 
provide written notification after the commencement of an unforeseen 
service interruption due to circumstances beyond the provider's control 
in accordance with this subsection, may be subject to revocation of 
certification, suspension of payment from the

[[Page 472]]

TRS Fund, or other enforcement action by the Commission, as appropriate.

[70 FR 76215, Dec. 23, 2005. Redesignated at 73 FR 21259, Apr. 21, 2008; 
76 FR 24402, May 2, 2011; 76 FR 47474, 47477, Aug. 5, 2011; 76 FR 67073, 
Oct. 31, 2011;77 FR 33662, June 7, 2012; 78 FR 40608, July 5, 2013; 78 
FR 53694, Aug. 30, 2013; 82 FR 39683, Aug. 22, 2017; 85 FR 27313, May 8, 
2020; 86 FR 10846, Feb. 23, 2021]



Sec.  64.607  Furnishing related customer premises equipment.

    (a) Any communications common carrier may provide, under tariff, 
customer premises equipment (other than hearing aid compatible 
telephones as defined in part 68 of this chapter, needed by persons with 
hearing, speech, vision or mobility disabilities. Such equipment may be 
provided to persons with those disabilities or to associations or 
institutions who require such equipment regularly to communicate with 
persons with disabilities. Examples of such equipment include, but are 
not limited to, artificial larynxes, bone conductor receivers and TTs.
    (b) Any carrier which provides telecommunications devices for 
persons with hearing and/or speech disabilities, whether or not pursuant 
to tariff, shall respond to any inquiry concerning:
    (1) The availability (including general price levels) of TTs using 
ASCII, Baudot, or both formats; and
    (2) The compatibility of any TT with other such devices and 
computers.

[56 FR 36731, Aug. 1, 1991, as amended at 72 FR 43560, Aug. 6, 2007; 73 
FR 21252, Apr. 21, 2008. Redesignated at 73 FR 21259, Apr. 21, 2008]



Sec.  64.608  Provision of hearing aid compatible telephones by
exchange carriers.

    In the absence of alternative suppliers in an exchange area, an 
exchange carrier must provide a hearing aid compatible telephone, as 
defined in Sec.  68.316 of this chapter, and provide related 
installation and maintenance services for such telephones on a 
detariffed basis to any customer with a hearing disability who requests 
such equipment or services.

[61 FR 42185, Aug. 14, 1996. Redesignated at 73 FR 21259, Apr. 21, 2008]



Sec.  64.609  Enforcement of related customer premises equipment rules.

    Enforcement of Sec. Sec.  64.607 and 64.608 is delegated to those 
state public utility or public service commissions which adopt those 
sections and provide for their enforcement. Subpart G--Furnishing of 
Enhanced Services and Customer-Premises Equipment by Communications 
Common Carriers

[56 FR 36731, Aug. 1, 1991. Redesignated and amended at 73 FR 21259, 
Apr. 21, 2008]



Sec.  64.610  Establishment of a National Deaf-Blind Equipment
Distribution Program.

    (a) The National Deaf-Blind Equipment Distribution Program (NDBEDP) 
is established as a pilot program to distribute specialized customer 
premises equipment (CPE) used for telecommunications service, Internet 
access service, and advanced communications, including interexchange 
services and advanced telecommunications and information services, to 
low-income individuals who are deaf-blind. The duration of this pilot 
program will be two years, with a Commission option to extend such 
program for an additional year.
    (b) Certification to receive funding. For each state, the Commission 
will certify a single program as the sole authorized entity to 
participate in the NDBEDP and receive reimbursement for its program's 
activities from the Interstate Telecommunications Relay Service Fund 
(TRS Fund). Such entity will have full oversight and responsibility for 
distributing equipment and providing related services in that state, 
either directly or through collaboration, partnership, or contract with 
other individuals or entities in-state or out-of-state, including other 
NDBEDP certified programs.
    (1) Any state with an equipment distribution program (EDP) may have 
its EDP apply to the Commission for certification as the sole authorized 
entity for the state to participate in the NDBEDP and receive 
reimbursement for its activities from the TRS Fund.
    (2) Other public programs, including, but not limited to, vocational 
rehabilitation programs, assistive technology programs, or schools for 
the deaf, blind

[[Page 473]]

or deaf-blind; or private entities, including but not limited to, 
organizational affiliates, independent living centers, or private 
educational facilities, may apply to the Commission for certification as 
the sole authorized entity for the state to participate in the NDBEDP 
and receive reimbursement for its activities from the TRS Fund.
    (3) The Commission shall review applications and determine whether 
to grant certification based on the ability of a program to meet the 
following qualifications, either directly or in coordination with other 
programs or entities, as evidenced in the application and any 
supplemental materials, including letters of recommendation:
    (i) Expertise in the field of deaf-blindness, including familiarity 
with the culture and etiquette of people who are deaf-blind, to ensure 
that equipment distribution and the provision of related services occurs 
in a manner that is relevant and useful to consumers who are deaf-blind;
    (ii) The ability to communicate effectively with people who are 
deaf-blind (for training and other purposes), by among other things, 
using sign language, providing materials in Braille, ensuring that 
information made available online is accessible, and using other 
assistive technologies and methods to achieve effective communication;
    (iii) Staffing and facilities sufficient to administer the program, 
including the ability to distribute equipment and provide related 
services to eligible individuals throughout the state, including those 
in remote areas;
    (iv) Experience with the distribution of specialized CPE, especially 
to people who are deaf-blind;
    (v) Experience in how to train users on how to use the equipment and 
how to set up the equipment for its effective use; and
    (vi) Familiarity with the telecommunications, Internet access, and 
advanced communications services that will be used with the distributed 
equipment.
    (c) Definitions. For purposes of this section, the following 
definitions shall apply:
    (1) Equipment. Hardware, software, and applications, whether 
separate or in combination, mainstream or specialized, needed by an 
individual who is deaf-blind to achieve access to telecommunications 
service, Internet access service, and advanced communications, including 
interexchange services and advanced telecommunications and information 
services, as these services have been defined by the Communications Act.
    (2) Individual who is deaf-blind. (i) Any person:
    (A) Who has a central visual acuity of 20/200 or less in the better 
eye with corrective lenses, or a field defect such that the peripheral 
diameter of visual field subtends an angular distance no greater than 20 
degrees, or a progressive visual loss having a prognosis leading to one 
or both these conditions;
    (B) Who has a chronic hearing impairment so severe that most speech 
cannot be understood with optimum amplification, or a progressive 
hearing loss having a prognosis leading to this condition; and
    (C) For whom the combination of impairments described in clauses 
(c)(2)(i)(A) and (B) of this section cause extreme difficulty in 
attaining independence in daily life activities, achieving psychosocial 
adjustment, or obtaining a vocation.
    (ii) The definition in this paragraph also includes any individual 
who, despite the inability to be measured accurately for hearing and 
vision loss due to cognitive or behavioral constraints, or both, can be 
determined through functional and performance assessment to have severe 
hearing and visual disabilities that cause extreme difficulty in 
attaining independence in daily life activities, achieving psychosocial 
adjustment, or obtaining vocational objectives. An applicant's 
functional abilities with respect to using telecommunications, Internet 
access, and advanced communications services in various environments 
shall be considered when determining whether the individual is deaf-
blind under clauses (c)(2)(i)(B) and (C) of this section.
    (d) Eligibility criteria (1) Verification of disability. Individuals 
claiming eligibility under the NDBEDP must provide verification of 
disability from a professional with direct knowledge of the individual's 
disability.

[[Page 474]]

    (i) Such professionals may include, but are not limited to, 
community-based service providers, vision or hearing related 
professionals, vocational rehabilitation counselors, educators, 
audiologists, speech pathologists, hearing instrument specialists, and 
medical or health professionals.
    (ii) Such professionals must attest, either to the best of their 
knowledge or under penalty of perjury, that the applicant is an 
individual who is deaf-blind (as defined in 47 CFR 64.610(b)). Such 
professionals may also include, in the attestation, information about 
the individual's functional abilities to use telecommunications, 
Internet access, and advanced communications services in various 
settings.
    (iii) Existing documentation that a person is deaf-blind, such as an 
individualized education program (IEP) or a statement from a public or 
private agency, such as a Social Security determination letter, may 
serve as verification of disability.
    (iv) The verification of disability must include the attesting 
professional's name, title, and contact information, including address, 
phone number, and e-mail address.
    (2) Verification of low income status. An individual claiming 
eligibility under the NDBEDP must provide verification that he or she 
has an income that does not exceed 400 percent of the Federal Poverty 
Guidelines as defined at 42 U.S.C. 9902(2) or that he or she is enrolled 
in a federal program with a lesser income eligibility requirement, such 
as the Federal Public Housing Assistance or Section 8; Supplemental 
Nutrition Assistance Program, formerly known as Food Stamps; Low Income 
Home Energy Assistance Program; Medicaid; National School Lunch 
Program's free lunch program; Supplemental Security Income; or Temporary 
Assistance for Needy Families. The NDBEDP Administrator may identify 
state or other federal programs with income eligibility thresholds that 
do not exceed 400 percent of the Federal Poverty Guidelines for 
determining income eligibility for participation in the NDBEDP. Where an 
applicant is not already enrolled in a qualifying low-income program, 
low-income eligibility may be verified by the certified program using 
appropriate and reasonable means.
    (3) Prohibition against requiring employment. No program certified 
under the NDBEDP may impose a requirement for eligibility in this 
program that an applicant be employed or actively seeking employment.
    (4) Access to communications services. A program certified under the 
NDBEDP may impose, as a program eligibility criterion, a requirement 
that telecommunications, Internet access, or advanced communications 
services are available for use by the applicant.
    (e) Equipment distribution and related services. (1) Each program 
certified under the NDBEDP must:
    (i) Distribute specialized CPE and provide related services needed 
to make telecommunications service, Internet access service, and 
advanced communications, including interexchange services or advanced 
telecommunications and information services, accessible to individuals 
who are deaf-blind;
    (ii) Obtain verification that NDBEDP applicants meet the definition 
of an individual who is deaf-blind contained in 47 CFR 64.610(c)(1) and 
the income eligibility requirements contained in 47 CFR 64.610(d)(2);
    (iii) When a recipient relocates to another state, permit transfer 
of the recipient's account and any control of the distributed equipment 
to the new state's certified program; (iv) Permit transfer of equipment 
from a prior state, by that state's NDBEDP certified program;
    [Reserved]
    (v) Prohibit recipients from transferring equipment received under 
the NDBEDP to another person through sale or otherwise;
    (vi) Conduct outreach, in accessible formats, to inform their state 
residents about the NDBEDP, which may include the development and 
maintenance of a program Web site;
    (vii) Engage an independent auditor to perform annual audits 
designed to detect and prevent fraud, waste, and abuse, and submit, as 
necessary, to audits arranged by the Commission, the Consumer and 
Governmental Affairs Bureau, the NDBEDP Administrator,

[[Page 475]]

or the TRS Fund Administrator for such purpose;
    (viii) Retain all records associated with the distribution of 
equipment and provision of related services under the NDBEDP for two 
years following the termination of the pilot program; and
    (ix) Comply with the reporting requirements contained in 47 CFR 
64.610(g).
    (2) Each program certified under the NDBEDP may not:
    (i) Impose restrictions on specific brands, models or types of 
communications technology that recipients may receive to access the 
communications services covered in this section;
    (ii) Disable or otherwise intentionally make it difficult for 
recipients to use certain capabilities, functions, or features on 
distributed equipment that are needed to access the communications 
services covered in this section, or direct manufacturers or vendors of 
specialized CPE to disable or make it difficult for recipients to use 
certain capabilities, functions, or features on distributed equipment 
that are needed to access the communications services covered in this 
section; or
    (iii) Accept any type of financial arrangement from equipment 
vendors that could incentivize the purchase of particular equipment.
    (f) Payments to NDBEDP certified programs. (1) Programs certified 
under the NDBEDP shall be reimbursed for the cost of equipment that has 
been distributed to eligible individuals and authorized related 
services, up to the state's funding allotment under this program as 
determined by the Commission or any entity authorized to act for the 
Commission on delegated authority.
    (2) Within 30 days after the end of each six-month period of the 
Fund Year, each program certified under the NDBEDP pilot must submit 
documentation that supports its claim for reimbursement of the 
reasonable costs of the following:
    (i) Equipment and related expenses, including maintenance, repairs, 
warranties, returns, refurbishing, upgrading, and replacing equipment 
distributed to consumers;
    (ii) Individual needs assessments;
    (iii) Installation of equipment and individualized consumer 
training;
    (iv) Maintenance of an inventory of equipment that can be loaned to 
the consumer during periods of equipment repair;
    (v) Outreach efforts to inform state residents about the NDBEDP; and
    (vi) Administration of the program, but not to exceed 15 percent of 
the total reimbursable costs for the distribution of equipment and 
related services permitted under the NDBEDP.
    (3) With each request for payment, the chief executive officer, 
chief financial officer, or other senior executive of the certified 
program, such as a manager or director, with first-hand knowledge of the 
accuracy and completeness of the claim in the request, must certify as 
follows:

    I swear under penalty of perjury that I am (name and title), an 
officer of the above-named reporting entity and that I have examined all 
cost data associated with equipment and related services for the claims 
submitted herein, and that all such data are true and an accurate 
statement of the affairs of the above-named certified program.

    (g) Reporting requirements. (1) Each program certified under the 
NDBEDP must submit the following data electronically to the Commission, 
as instructed by the NDBEDP Administrator, every six months, commencing 
with the start of the pilot program:
    (i) For each piece of equipment distributed, the identity of and 
contact information, including street and e-mail addresses, and phone 
number, for the individual receiving that equipment;
    (ii) For each piece of equipment distributed, the identity of and 
contact information, including street and e-mail addresses, and phone 
number, for the individual attesting to the disability of the individual 
who is deaf-blind;
    (iii) For each piece of equipment distributed, its name, serial 
number, brand, function, and cost, the type of communications service 
with which it is used, and the type of relay service it can access;
    (iv) For each piece of equipment distributed, the amount of time, 
following

[[Page 476]]

any assessment conducted, that the requesting individual waited to 
receive that equipment;
    (v) The cost, time and any other resources allocated to assessing an 
individual's equipment needs;
    (vi) The cost, time and any other resources allocated to installing 
equipment and training deaf-blind individuals on using equipment;
    (vii) The cost, time and any other resources allocated to maintain, 
repair, cover under warranty, and refurbish equipment;
    (viii) The cost, time and any other resources allocated to outreach 
activities related to the NDBEDP, and the type of outreach efforts 
undertaken;
    (ix) The cost, time and any other resources allocated to upgrading 
the distributed equipment, along with the nature of such upgrades;
    (x) To the extent that the program has denied equipment requests 
made by their deaf-blind residents, a summary of the number and types of 
equipment requests denied and reasons for such denials;
    (xi) To the extent that the program has received complaints related 
to the program, a summary of the number and types of such complaints and 
their resolution; and
    (xii) The number of qualified applicants on waiting lists to receive 
equipment.
    (2) With each report, the chief executive officer, chief financial 
officer, or other senior executive of the certified program, such as a 
director or manager, with first-hand knowledge of the accuracy and 
completeness of the information provided in the report, must certify as 
follows:

    I swear under penalty of perjury that I am (name and title), an 
officer of the above-named reporting entity and that I have examined the 
foregoing reports and that all requested information has been provided 
and all statements of fact are true and an accurate statement of the 
affairs of the above-named certified program.

    (h) Administration of the program. The Consumer and Governmental 
Affairs Bureau shall designate a Commission official as the NDBEDP 
Administrator.
    (1) The NDBEDP Administrator will work in collaboration with the TRS 
Fund Administrator, and be responsible for:
    (i) Reviewing program applications received from state EDPs and 
alternate entities and certifying those that qualify to participate in 
the program;
    (ii) Allocating NDBEDP funding as appropriate and in consultation 
with the TRS Fund Administrator;
    (iii) Reviewing certified program submissions for reimbursement of 
costs under the NDBEDP, in consultation with the TRS Fund Administrator;
    (iv) Working with Commission staff to establish and maintain an 
NDBEDP Web site, accessible to individuals with disabilities, that 
includes contact information for certified programs by state and links 
to their respective Web sites, if any, and overseeing other outreach 
efforts that may be undertaken by the Commission;
    (v) Obtaining, reviewing, and evaluating reported data for the 
purpose of assessing the pilot program and determining best practices;
    (vi) Conferring with stakeholders, jointly or separately, during the 
course of the pilot program to obtain input and feedback on, among other 
things, the effectiveness of the pilot program, new technologies, 
equipment and services that are needed, and suggestions for the 
permanent program;
    (vii) Working with Commission staff to adopt permanent rules for the 
NDBEDP; and
    (viii) Serving as the Commission point of contact for the NDBEDP, 
including responding to inquiries from certified programs and consumer 
complaints filed directly with the Commission.
    (2) The TRS Fund Administrator, as directed by the NDBEDP 
Administrator, shall have responsibility for:
    (i) Reviewing cost submissions and releasing funds for equipment 
that has been distributed and authorized related services, including 
outreach efforts;
    (ii) Releasing funds for other authorized purposes, as requested by 
the Commission or the Consumer and Governmental Affairs Bureau; and
    (iii) Collecting data as needed for delivery to the Commission and 
the NDBEDP Administrator.

[[Page 477]]

    (i) Whistleblower protections. (1) NDBEDP certified programs shall 
permit, without reprisal in the form of an adverse personnel action, 
purchase or contract cancellation or discontinuance, eligibility 
disqualification, or otherwise, any current or former employee, agent, 
contractor, manufacturer, vendor, applicant, or recipient, to disclose 
to a designated official of the certified program, the NDBEDP 
Administrator, the TRS Fund Administrator, the Commission's Office of 
Inspector General, or to any federal or state law enforcement entity, 
any known or suspected violations of the Act or Commission rules, or any 
other activity that the reporting person reasonably believes to be 
unlawful, wasteful, fraudulent, or abusive, or that otherwise could 
result in the improper distribution of equipment, provision of services, 
or billing to the TRS Fund.
    (2) NDBEDP certified programs shall include these whistleblower 
protections with the information they provide about the program in any 
employee handbooks or manuals, on their Web sites, and in other 
appropriate publications.
    (j) Suspension or revocation of certification. (1) The Commission 
may suspend or revoke NDBEDP certification if, after notice and 
opportunity for hearing, the Commission determines that such 
certification is no longer warranted.
    (2) In the event of suspension or revocation, the Commission shall 
take such steps as may be necessary, consistent with this subpart, to 
ensure continuity of the NDBEDP for the state whose program has been 
suspended or revoked.
    (3) The Commission may, at its discretion and on its own motion, 
require a certified program to submit documentation demonstrating 
ongoing compliance with the Commission's rules if, for example, the 
Commission receives evidence that a state program may not be in 
compliance with those rules.
    (k) Expiration of rules. These rules will expire at the termination 
of the NDBEDP pilot program.

[76 FR 26647, May 9, 2011; 76 FR 31261, May 31, 2011]



Sec.  64.611  Internet-based TRS registration.

    (a) Default provider registration. Every provider of VRS or IP Relay 
must, no later than December 31, 2008, provide users with the capability 
to register with that VRS or IP Relay provider as a ``default 
provider.'' Upon a user's registration, the VRS or IP Relay provider 
shall:
    (1) Either:
    (i) Facilitate the user's valid number portability request as set 
forth in 47 CFR 52.34; or, if the user does not wish to port a number,
    (ii) Assign that user a geographically appropriate North American 
Numbering Plan telephone number; and
    (2) Route and deliver all of that user's inbound and outbound calls 
unless the user chooses to place a call with, or receives a call from, 
an alternate provider.
    (3) Certification of eligibility of VRS users. (i) A VRS provider 
seeking compensation from the TRS Fund for providing VRS to a particular 
user registered with that provider must first obtain a written 
certification from the user, attesting that the user is eligible to use 
VRS.
    (ii) The certification required by paragraph (a)(3)(i) of this 
section must include the user's attestation that:
    (A) The user has a hearing or speech disability; and
    (B) The user understands that the cost of VRS calls is paid for by 
contributions from other telecommunications users to the TRS Fund.
    (iii) The certification required by paragraph (a)(3)(i) of this 
section must be made on a form separate from any other agreement or 
form, and must include a separate user signature specific to the 
certification. For the purposes of this rule, 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. For the purposes of this rule, an 
electronic record, defined by the Electronic Signatures in Global and 
National Commerce Act as a contract or other record

[[Page 478]]

created, generated, sent, communicated, received, or stored by 
electronic means, constitutes a record.
    (iv) Each VRS provider shall maintain the confidentiality of any 
registration and certification information obtained by the provider, and 
may not disclose such registration and certification information or the 
content of such registration and certification information except as 
required by law or regulation.
    (v) VRS providers must, for existing registered Internet-based TRS 
users, submit the certification required by paragraph (a)(3)(i) of this 
section to the TRS User Registration Database within 60 days of notice 
from the Managing Director that the TRS User Registration Database is 
ready to accept such information.
    (vi) When registering a user that is transferring service from 
another VRS provider, VRS providers shall obtain and submit a properly 
executed certification if a query of the TRS User Registration Database 
shows a properly executed certification has not been filed.
    (vii) VRS providers shall require their CAs to terminate any call 
which does not involve an individual eligible to use VRS due to a 
hearing or speech disability or, pursuant to the provider's policies, 
the call does not appear to be a legitimate VRS call, and VRS providers 
may not seek compensation for such calls from the TRS Fund.
    (4) TRS User Registration Database Information Requirements for VRS. 
Each VRS provider shall collect and transmit to the TRS User 
Registration Database, in a format prescribed by the administrator of 
the TRS User Registration Database, the following information for each 
of its new and existing registered internet-based TRS users: Full name; 
address; ten-digit telephone number assigned in the TRS numbering 
directory; last four digits of the social security number or Tribal 
Identification number, if the registered internet-based TRS user is a 
member of a Tribal nation and does not have a social security number; 
date of birth; Registered Location; VRS provider name and dates of 
service initiation and termination; a digital copy of the user's self-
certification of eligibility for VRS and the date obtained by the 
provider; the date on which the user's identification was verified; and 
(for existing users only) the date on which the registered internet-
based TRS user last placed a point-to-point or relay call.
    (i) Each VRS provider must obtain, from each new and existing 
registered internet-based TRS user, consent to transmit the registered 
internet-based TRS user's information to the TRS User Registration 
Database. Prior to obtaining consent, the VRS provider must describe to 
the registered internet-based TRS user, using clear, easily understood 
language, the specific information being transmitted, that the 
information is being transmitted to the TRS User Registration Database 
to ensure proper administration of the TRS program, and that failure to 
provide consent will result in the registered internet-based TRS user 
being denied service. VRS providers must obtain and keep a record of 
affirmative acknowledgment by every registered internet-based TRS user 
of such consent.
    (ii) VRS providers must, for existing registered internet-based TRS 
users, submit the information in paragraph (a)(3) of this section to the 
TRS User Registration Database within 60 days of notice from the 
Commission that the TRS User Registration Database is ready to accept 
such information. Calls from or to existing registered internet-based 
TRS users that have not had their information populated in the TRS User 
Registration Database within 60 days of notice from the Commission that 
the TRS User Registration Database is ready to accept such information 
shall not be compensable.
    (iii) VRS providers must submit the information in the introductory 
text of paragraph (a)(4) of this section upon initiation of service for 
users registered after 60 days of notice from the Commission that the 
TRS User Registration Database is ready to accept such information. VRS 
providers may provide service to such users for up to two weeks after 
the user's registration information has been submitted to the TRS User 
Registration Database pending verification of the user's identity. After 
the user's identity is verified by

[[Page 479]]

the Database administrator, VRS providers may seek TRS Fund compensation 
for calls handled during such pre-verification period of up to two 
weeks.
    (iv) If a VRS user's registration data submitted pursuant to 
paragraph (a)(4)(iii) of this section is not verified by the TRS User 
Registration Database administrator within two weeks after submission, 
the VRS provider shall hold the assigned number for up to 30 days or the 
pendency of an appeal, whichever is later, pending the outcome of any 
further efforts to complete verification, before returning the number to 
inactive status or assigning it to another user. If a VRS user's 
identity is verified within such 30-day period, or during the pendency 
of an appeal, whichever is later, the administrator may enter the number 
into the Database (and the TRS Numbering Directory) as assigned to that 
user.
    (5) Assignment of iTRS Numbers to Hearing Point-to-Point Video 
Users. (i) Before assigning an iTRS telephone number to a hearing 
individual, a VRS provider shall obtain from such individual, the 
individual's full name, residential address, date of birth, and a 
written certification, attesting that the individual:
    (A) Is proficient in sign language;
    (B) Understands that the iTRS number may be used only for the 
purpose of point-to-point communication over distances with registered 
VRS users; and
    (C) Understands that such iTRS number may not be used to access VRS.
    (ii) Before assigning an iTRS telephone number to a hearing 
individual, a VRS provider also shall obtain the individual's consent to 
provide the information required by this paragraph (a)(5) to the TRS 
User Registration Database. Before obtaining such consent, the VRS 
provider, using clear, easily understood language, shall describe the 
specific information to be provided, explain that the information is 
provided to ensure proper administration of the TRS program and inform 
the individual that failure to provide consent will result in denial of 
service. VRS providers shall obtain and keep a record of affirmative 
acknowledgment of such consent by every hearing point-to-point video 
user to whom an iTRS number is assigned.
    (iii) The certification required by paragraph (a)(5)(i) of this 
section must be made on a form separate from any other agreement or 
form, and must include a separate signature specific to the 
certification. For the purposes of this rule, 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. For the purposes of this rule, 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.
    (iv) Before commencing service to any hearing point-to-point video 
user to whom a VRS provider assigns an iTRS number on or after the TRS 
User Registration Database is operational, a VRS provider shall submit 
to the TRS User Registration Database the information listed in 
paragraph (a)(5)(i) of this section and the following additional 
information:
    (A) The ten-digit telephone number assigned in the TRS Numbering 
Directory to the hearing point-to-point user;
    (B) The VRS provider's name and the date of service initiation; and
    (C) The date on which a ten-digit number was assigned to or removed 
from a hearing point-to-point user.
    (v) For all other hearing point-to-point video users to whom a VRS 
provider has assigned an iTRS number, the VRS provider shall transmit 
the information required by paragraph (a)(5)(iv) of this section within 
60 days after the TRS User Registration Database is operational.
    (vi) Upon the termination of service to any hearing point-to-point 
video user, a VRS provider shall submit to the TRS User Registration 
Database the date of termination of service.
    (vii) A VRS provider shall maintain the confidentiality of the 
information about hearing individuals required by this paragraph (a)(5) 
and may not disclose such information except as required by law or 
regulation.

[[Page 480]]

    (viii) Before commencing service to a hearing point-to-point video 
user who is transferring point-to-point video service from another VRS 
provider, a VRS provider shall notify the TRS User Registration Database 
of such transfer and shall obtain and submit a properly executed 
certification under paragraph (a)(5)(i) of this section.
    (ix) Hearing individuals who are assigned iTRS numbers under this 
paragraph (a)(5) shall not be deemed registered VRS users. VRS providers 
shall not be compensated and shall not seek compensation from the TRS 
Fund for any VRS calls to or from such iTRS numbers.
    (6) Enterprise and public videophones--(i) Definition. For purposes 
of this section, a default VRS provider for an enterprise or public 
videophone is the VRS provider that assigns a North American Numbering 
Plan (NANP) telephone number to such videophone or receives a port of 
such number.
    (ii) Enterprise and public videophone certification. (A) Written 
certification. A default VRS provider for an enterprise or public 
videophone shall obtain a written certification from the individual 
responsible for the videophone, attesting that the individual 
understands the functions of the videophone and that the cost of VRS 
calls made on the videophone is financed by the federally regulated 
Interstate TRS Fund, and for enterprise videophones, that the 
organization, business, or agency will make reasonable efforts to ensure 
that only persons with a hearing or speech disability are permitted to 
use the phone for VRS.
    (B) Electronic signatures. The certification required by paragraph 
(a)(6)(ii)(A) of this section must be made on a form separate from any 
other agreement or form, and must include a separate signature specific 
to the certification. For the purposes of this paragraph (a)(6)(ii)(B), 
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. For the purposes of this 
paragraph (a)(6)(ii)(B), 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.
    (C) Consent for transmission and confidentiality of enterprise and 
public videophone registration. A default VRS provider for an enterprise 
or public videophone must obtain consent from the individual responsible 
for the videophone to transmit the information required by this section 
to the TRS User Registration Database. Before obtaining such consent, a 
VRS provider must describe to such individual, using clear, easily 
understood language, the specific information being transmitted, that 
the information is being transmitted to the TRS User Registration 
Database to ensure proper administration of the TRS program, and that 
failure to provide consent will result in denial of service to the 
videophone. A VRS provider must obtain and keep a record of affirmative 
acknowledgment of such consent for every enterprise and public 
videophone. A VRS provider shall maintain the confidentiality of any 
registration and certification information obtained by the provider, and 
may not disclose such registration and certification information, or the 
content of such registration and certification information, except as 
required by law or regulation.
    (iii) Enterprise and public videophone registration. A default VRS 
provider for an enterprise or public videophone shall transmit to the 
TRS User Registration Database, in a format prescribed by the 
administrator of the TRS User Registration Database, the following 
information for each enterprise or public videophone for which it 
assigns (or receives a port of) a North American Numbering Plan 
telephone number or for which it is the default VRS provider:
    (A) The default VRS provider's name;
    (B) The NANP telephone number assigned to the videophone;
    (C) The name and physical address of the organization, business, or 
agency where the enterprise or public

[[Page 481]]

videophone is located, and the Registered Location of the phone if that 
is different from the physical address;
    (D) Whether the videophone is a public or enterprise videophone, and 
for enterprise videophones, the type of location where the videophone is 
located within the organization, business, agency, or other entity, such 
as, but not limited to, a reception desk or other work area, a private 
workspace, a private room in a long-term care facility, or another 
restricted area;
    (E) The date of initiation of service to the videophone by the 
default VRS provider;
    (F) The name of the individual responsible for the videophone, 
confirmation that the provider has obtained the certification required 
by paragraph (a)(6)(ii) of this section, and the date the certification 
was obtained by the provider; and
    (G) Whether the device is assigned to a hearing individual who knows 
sign language.
    (iv) Transmission of data to the TRS User Registration Database. 
Default VRS providers shall transmit the information required by 
paragraph (a)(6)(iii) of this section for existing enterprise and public 
videophones within 120 days after notice from the Commission that the 
TRS User Registration Database is ready to accept such information. For 
videophones placed in service more than 120 days after such notice, the 
default VRS provider shall submit the required information and 
certification before initiating service. VRS calls placed to or from 
enterprise or public videophones more than 120 days after such notice 
shall not be compensable if the required registration information was 
not received by the TRS User Registration Database before placement of 
the call.
    (v) Notice of removal or disconnection of enterprise and public 
videophones. VRS providers shall notify the TRS Fund administrator 
within one business day in the event that a registered enterprise or 
public videophone is removed or permanently disconnected from VRS.
    (b) Mandatory registration of new users. As of December 31, 2008, 
VRS and IP Relay providers must, prior to the initiation of service for 
an individual that has not previously utilized VRS or IP Relay, register 
that new user as described in paragraph (a) of this section.
    (c) Obligations of default providers and former default providers. 
(1) Default providers must:
    (i) Obtain current routing information from their Registered 
internet-based TRS Users, registered enterprise and public videophones, 
and hearing point-to-point video users;
    (ii) Provision such information to the TRS Numbering Directory; and
    (iii) Maintain such information in their internal databases and in 
the TRS Numbering Directory.
    (2) Internet-based TRS providers (and, to the extent necessary, 
their Numbering Partners) must:
    (i) Take such steps as are necessary to cease acquiring routing 
information from any VRS, IP Relay, or hearing point-to-point video 
user, or any individual responsible for maintaining an enterprise or 
public videophone, that ports a NANP telephone number to another VRS or 
IP Relay provider or otherwise selects a new default provider; and
    (ii) Communicate among themselves as necessary to ensure that:
    (A) Only the default provider provisions routing information to the 
central database; and
    (B) VRS and IP Relay providers other than the default provider are 
aware that they must query the TRS Numbering Directory in order to 
obtain accurate routing information for a particular user of VRS or IP 
Relay, or for an enterprise or public videophone.
    (d) Proxy numbers. After December 31, 2008, a VRS or IP Relay 
provider:
    (1) May not assign or issue a proxy or alias for a NANP telephone 
number to any user; and
    (2) Must cease to use any proxy or alias for a NANP telephone number 
assigned or issued to any Registered Internet-based TRS User.
    (e) Toll free numbers. A VRS or IP Relay provider:
    (1) May not assign or issue a toll free number to any VRS or IP 
Relay user.
    (2) That has already assigned or provided a toll free number to a 
VRS or IP Relay user must, at the VRS or IP Relay user's request, 
facilitate the transfer of the toll free number to a

[[Page 482]]

toll free subscription with a toll free service provider that is under 
the direct control of the user.
    (3) Must within one year after the effective date of this Order 
remove from the Internet-based TRS Numbering Directory any toll free 
number that has not been transferred to a subscription with a toll free 
service provider and for which the user is the subscriber of record.
    (f) iTRS access technology. (1) Every VRS or IP Relay provider must 
ensure that all iTRS access technology they have issued, leased, or 
otherwise provided to VRS or IP Relay users delivers routing information 
or other information only to the user's default provider, except as is 
necessary to complete or receive ``dial around'' calls on a case-by-case 
basis.
    (2) All iTRS access technology issued, leased, or otherwise provided 
to VRS or IP Relay users by Internet-based TRS providers must be capable 
of facilitating the requirements of this section.
    (g) User notification. Every VRS or IP Relay provider must include 
an advisory on its website and in any promotional materials addressing 
numbering or E911 services for VRS or IP Relay.
    (1) At a minimum, the advisory must address the following issues:
    (i) The process by which VRS or IP Relay users may obtain ten-digit 
telephone numbers, including a brief summary of the numbering assignment 
and administration processes adopted herein;
    (ii) The portability of ten-digit telephone numbers assigned to VRS 
or IP Relay users;
    (iii) The process by which persons using VRS or IP Relay may submit, 
update, and confirm receipt by the provider of their Registered Location 
information;
    (iv) An explanation emphasizing the importance of maintaining 
accurate, up-to-date Registered Location information with the user's 
default provider in the event that the individual places an emergency 
call via an Internet-based relay service;
    (v) The process by which a VRS or IP Relay user may acquire a toll 
free number, or transfer control of a toll free number from a VRS or IP 
Relay provider to the user;
    (vi) The process by which persons holding a toll free number request 
that the toll free number be linked to their ten-digit telephone number 
in the TRS Numbering Directory; and
    (vii) If the provider assigns iTRS numbers to hearing point-to-point 
video users, an explanation that hearing point-to-point video users will 
not be able to place an emergency call.
    (2) VRS and IP Relay providers must obtain and keep a record of 
affirmative acknowledgment by every Registered Internet-based TRS User 
of having received and understood the advisory described in this 
subsection.
    (h)-(i) [Reserved]
    (j)(1) IP CTS Registration and Certification Requirements.
    (i) IP CTS providers must first obtain the following registration 
information from each consumer prior to requesting compensation from the 
TRS Fund for service provided to the consumer: The consumer's full name, 
date of birth, last four digits of the consumer's social security 
number, full residential address, and telephone number.
    (ii) [Reserved]
    (iii) [Reserved]
    (iv) Self-certification prior to August 28, 2014. IP CTS providers, 
in order to be eligible to receive compensation from the TRS Fund for 
providing IP CTS, also must first obtain a written certification from 
the consumer, and if obtained prior to August 28, 2014, such written 
certification shall attest that the consumer needs IP CTS to communicate 
in a manner that is functionally equivalent to the ability of a hearing 
individual to communicate using voice communication services. The 
certification must include the consumer's certification that:
    (A) The consumer has a hearing loss that necessitates IP CTS to 
communicate in a manner that is functionally equivalent to communication 
by conventional voice telephone users;
    (B) The consumer understands that the captioning service is provided 
by a live communications assistant; and
    (C) The consumer understands that the cost of IP CTS is funded by 
the TRS Fund.

[[Page 483]]

    (v) Self-certification on or after August 28, 2014. IP CTS providers 
must also first obtain from each consumer prior to requesting 
compensation from the TRS Fund for the consumer, a written certification 
from the consumer, and if obtained on or after August 28, 2014, such 
certification shall state that:
    (A) The consumer has a hearing loss that necessitates use of 
captioned telephone service;
    (B) The consumer understands that the captioning on captioned 
telephone service is provided by a live communications assistant who 
listens to the other party on the line and provides the text on the 
captioned phone;
    (C) The consumer understands that the cost of captioning each 
internet protocol captioned telephone call is funded through a federal 
program; and
    (D) The consumer will not permit, to the best of the consumer's 
ability, persons who have not registered to use internet protocol 
captioned telephone service to make captioned telephone calls on the 
consumer's registered IP captioned telephone service or device.
    (vi) The certification required by paragraphs (j)(1)(iv) and (v) of 
this section must be made on a form separate from any other agreement or 
form, and must include a separate consumer signature specific to the 
certification. Beginning on August 28, 2014, such certification shall be 
made under penalty of perjury. For purposes of this rule, an electronic 
signature, defined by the Electronic Signatures in Global and National 
Commerce Act, 15 U.S.C. 7001 et seq., 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.
    (vii) Third-party certification prior to August 28, 2014. Where IP 
CTS equipment is or has been obtained by a consumer from an IP CTS 
provider, directly or indirectly, at no charge or for less than $75 and 
the consumer was registered in accordance with the requirements of 
paragraph (j)(1) of this section prior to August 28, 2014, the IP CTS 
provider must also obtain from each consumer prior to requesting 
compensation from the TRS Fund for the consumer, written certification 
provided and signed by an independent third-party professional, except 
as provided in paragraph (j)(1)(xi) of this section.
    (viii) To comply with paragraph (j)(1)(vii) of this section, the 
independent professional providing certification must:
    (A) Be qualified to evaluate an individual's hearing loss in 
accordance with applicable professional standards, and may include, but 
are not limited to, community-based social service providers, hearing 
related professionals, vocational rehabilitation counselors, 
occupational therapists, social workers, educators, audiologists, speech 
pathologists, hearing instrument specialists, and doctors, nurses and 
other medical or health professionals;
    (B) Provide his or her name, title, and contact information, 
including address, telephone number, and email address; and
    (C) Certify in writing that the IP CTS user is an individual with 
hearing loss who needs IP CTS to communicate in a manner that is 
functionally equivalent to telephone service experienced by individuals 
without hearing disabilities.
    (ix) Third-party certification on or after August 28, 2014. Where IP 
CTS equipment is or has been obtained by a consumer from an IP CTS 
provider, directly or indirectly, at no charge or for less than $75, the 
consumer (in cases where the equipment was obtained directly from the IP 
CTS provider) has not subsequently paid $75 to the IP CTS provider for 
the equipment prior to the date the consumer is registered to use IP 
CTS, and the consumer is registered in accordance with the requirements 
of paragraph (j)(1) of this section on or after August 28, 2014, the IP 
CTS provider must also, prior to requesting compensation from the TRS 
Fund for service to the consumer, obtain from each consumer written 
certification provided and signed by an independent third-party 
professional, except as provided in paragraph (j)(1)(xi) of this 
section.

[[Page 484]]

    (x) To comply with paragraph (j)(1)(ix) of this section, the 
independent third-party professional providing certification must:
    (A) Be qualified to evaluate an individual's hearing loss in 
accordance with applicable professional standards, and must be either a 
physician, audiologist, or other hearing related professional. Such 
professional shall not have been referred to the IP CTS user, either 
directly or indirectly, by any provider of TRS or any officer, director, 
partner, employee, agent, subcontractor, or sponsoring organization or 
entity (collectively ``affiliate'') of any TRS provider. Nor shall the 
third party professional making such certification have any business, 
family or social relationship with the TRS provider or any affiliate of 
the TRS provider from which the consumer is receiving or will receive 
service.
    (B) Provide his or her name, title, and contact information, 
including address, telephone number, and email address.
    (C) Certify in writing, under penalty of perjury, that the IP CTS 
user is an individual with hearing loss that necessitates use of 
captioned telephone service and that the third party professional 
understands that the captioning on captioned telephone service is 
provided by a live communications assistant and is funded through a 
federal program.
    (xi) In instances where the consumer has obtained IP CTS equipment 
from a local, state, or federal governmental program, the consumer may 
present documentation to the IP CTS provider demonstrating that the 
equipment was obtained through one of these programs, in lieu of 
providing an independent, third-party certification under paragraphs 
(j)(1)(vii) and (ix) of this section.
    (xii) Each IP CTS provider shall maintain records of any 
registration and certification information for a period of at least five 
years after the consumer ceases to obtain service from the provider and 
shall maintain the confidentiality of such registration and 
certification information, and may not disclose such registration and 
certification information or the content of such registration and 
certification information except as required by law or regulation.
    (xiii) [Reserved]
    (2) TRS User Registration Database Information for IP CTS. (i) Each 
IP CTS Provider shall collect and transmit to the TRS User Registration 
Database, in a format prescribed by the administrator of the TRS User 
Registration Database, the following information for each of its new and 
existing registered IP CTS users:
    (A) Full name;
    (B) Full residential address;
    (C) Telephone number;
    (D) A unique identifier such as the electronic serial number (ESN) 
of the user's IP CTS device, the user's log-in identification, or the 
user's email address;
    (E) The last four digits of the user's social security number or 
Tribal Identification number (or alternative documentation, if such 
documentation is permitted by and has been collected pursuant to Misuse 
of internet Protocol (IP) Captioned Telephone Service; 
Telecommunications Relay Services and Speech-to-Speech Services for 
Individuals with Hearing and Speech Disabilities, Order, 30 FCC Rcd 1093 
(CGB 2015));
    (F) Date of birth;
    (G) Registered Location (if applicable);
    (H) IP CTS provider name;
    (I) Date of service initiation and (when applicable) termination;
    (J) A digital copy of the user's self-certification of eligibility 
for IP CTS and the date obtained by the provider; and
    (K) For existing users onlythe date on which the IP CTS user last 
placed an IP CTS call.
    (ii) Each IP CTS provider shall obtain, from each new and existing 
registered IP CTS user, consent to transmit the registered IP CTS user's 
information to the TRS User Registration Database. Prior to obtaining 
such consent, the IP CTS provider shall describe to the registered IP 
CTS user, using clear, easily understood language, the specific 
information obtained by the IP CTS provider from the user that is to be 
transmitted, and inform the user that the information is being 
transmitted to the TRS User Registration Database to ensure proper

[[Page 485]]

administration of the TRS program, and that failure to provide consent 
will result in the registered IP CTS user being denied service. IP CTS 
providers shall keep a record of affirmative acknowledgment of such 
consent by every registered IP CTS user.
    (iii) Registration of Emergency Shelter Devices. An IP CTS provider 
may seek and receive TRS Fund compensation for the provision of 
captioning service to users of a temporary, public IP CTS device set up 
in an emergency shelter, provided that, before commencing service to 
such a device, the IP CTS provider collects, maintains in its 
registration records, and submits to the TRS User Registration Database 
all information reasonably requested by the administrator, including the 
telephone number and location of the device. IP CTS providers shall 
remove the device's registration information from the Database when 
service for such a device is terminated.
    (iv) By the date of initiation of service to an IP CTS user or 
device, or one year after notice from the Commission that the TRS User 
Registration Database is ready to accept such information, whichever is 
later, IP CTS providers shall submit to the TRS User Registration 
Database the registration information required by paragraph (j)(2)(i) or 
(iii) of this section. Calls from or to registered IP CTS users or 
devices whose registration information has not been populated in the TRS 
User Registration Database by the applicable date shall not be 
compensable, and an IP CTS provider shall not seek TRS Fund compensation 
for such calls.
    (v) IP CTS providers may provide service to new users for up to two 
weeks after the user's registration information has been submitted to 
the TRS User Registration Database pending verification of the user's 
identity. After a user's identity is verified by the Database 
administrator, IP CTS providers may seek TRS Fund compensation for calls 
handled during such pre-verification period.
    (vi) When registering a user who is transferring service from 
another IP CTS provider, IP CTS providers shall obtain and submit a 
digital copy of a user's self-certification of eligibility if a query of 
the TRS User Registration Database shows a properly executed 
certification has not been filed.
    (3) An IP CTS provider shall not seek TRS Fund compensation for 
providing captioning service to any individual or device if the 
registration information for such individual or device has been removed 
from the TRS User Registration Database, or if the provider obtains 
information that the individual or device is not eligible to receive IP 
CTS.
    (k) Registration for use of TRS in correctional facilities--(1) 
Individual user registration. (i) through (iii) [Reserved]
    (iv) Dial-around calls for VRS. VRS providers shall not allow dial-
around calls by incarcerated persons.
    (2) Enterprise user registration for VRS. Notwithstanding the other 
provisions of this section, for the purpose of providing VRS to 
incarcerated individuals under enterprise registration, pursuant to 
paragraph (a)(6) of this section, a TRS provider may assign to a 
correctional authority a pool of telephone numbers that may be used 
interchangeably with any videophone or other user device made available 
for the use of VRS in correctional facilities overseen by such 
authority. For the purpose of such enterprise registration, the address 
of the organization specified pursuant to paragraph (a)(6)(iii) of this 
section may be the main or administrative address of the correctional 
authority, and a Registered Location need not be provided.

[73 FR 41295, July 18, 2008, as amended at 76 FR 59557, Sept. 27, 2011; 
78 FR 40608, July 5, 2013; 82 FR 17763, Apr. 13, 2017; 82 FR 39683, Aug. 
22, 2017; 84 FR 8461, Mar. 8, 2019; 84 FR 26371, June 6, 2019; 85 FR 
26858, May 6, 2020; 85 FR 52489, Aug. 26, 2020; 87 FR 57468, Sept. 21, 
2022; 87 FR 75513, Dec. 9, 2022]

    Effective Date Note: At 87 FR 75514, Dec. 9, 2022, Sec.  64.611 was 
amended by adding paragraphs (k)(1)(i) through (iii), these paragraphs 
were delayed indefinitely. For the convenience of the user, the added 
text is set forth as follows:



Sec.  64.611  Internet-based TRS registration.

                                * * * * *

    (k) * * *
    (1) * * *--
    (i) Registration information and documentation. If an individual 
eligible to use TRS registers with an internet-based TRS provider

[[Page 486]]

while incarcerated, the provider shall collect and transmit to the TRS 
User Registration Database the information and documentation required by 
the applicable provisions of this section, except that:
    (A) The residential address specified for such incarcerated person 
shall be the name of the correctional authority with custody of that 
person along with the main or administrative address of such authority;
    (B) A Registered Location need not be provided; and
    (C) If an incarcerated person has no Social Security number or 
Tribal Identification number, an identification number assigned by the 
correctional authority along with the facility identification number, if 
there is one, may be provided in lieu of the last four digits of a 
Social Security number or a Tribal Identification number.
    (ii) Verification of VRS and IP CTS registration data. An 
incarcerated person's identity and address may be verified pursuant to 
Sec.  64.615(a)(6), for purposes of VRS or IP CTS registration, based on 
documentation, such as a letter or statement, provided by an official of 
a correctional authority that states the name of the person; the 
person's identification number assigned by the correctional authority; 
the name of the correctional authority; and the address of the 
correctional facility. The VRS or IP CTS provider shall transmit such 
documentation to the TRS User Registration Database administrator.
    (iii) Release or transfer of incarcerated person. Upon release (or 
transfer to a different correctional authority) of an incarcerated 
person who has registered for VRS or IP CTS, the VRS or IP CTS provider 
with which such person has registered shall update the person's 
registration information within 30 days after such release or transfer. 
Such updated information shall include, in the case of release, the 
individual's full residential address and (if required by this section 
or part 9 of this chapter) Registered Location, and in the case of 
transfer, shall include the information required by paragraph (k)(1)(ii) 
of this section.



Sec.  64.613  Numbering directory for Internet-based TRS users.

    (a) TRS Numbering Directory. (1) The TRS Numbering Directory shall 
contain records mapping the geographically appropriate NANP telephone 
number of each Registered internet-based TRS User, registered enterprise 
videophone, registered public videophone, direct video customer support 
center, and hearing point-to-point video user to a unique Uniform 
Resource Identifier (URI).
    (2) For each record associated with a geographically appropriate 
NANP telephone number for a registered VRS user, enterprise videophone, 
public videophone, direct video customer support center, carceral point-
to-point video service, or hearing point-to-point video user, the URI 
shall contain a server domain name or the IP address of the user's 
device. For each record associated with an IP Relay user's 
geographically appropriate NANP telephone number, the URI shall contain 
the user's user name and domain name that can be subsequently resolved 
to reach the user.
    (3) Within one year after the effective date of this Order, 
Internet-based TRS providers must ensure that a user's toll free number 
that is associated with a geographically appropriate NANP number will be 
associated with the same URI as that geographically appropriate NANP 
telephone number.
    (4) Only the TRS Numbering Administrator, internet-based TRS 
providers, and Qualified Direct Video Entities may access the TRS 
Numbering Directory.
    (5) VRS providers shall route all calls placed to NANP numbers 
entered in the TRS Numbering Directory in accordance with the associated 
routing information, except that a call placed by a registered VRS user 
to a NANP number that is capable of receiving either voice or video 
calls may be handled and routed as a VRS call if the caller 
affirmatively so requests.
    (b) Administration--(1) Neutrality. (i) The TRS Numbering 
Administrator shall be a non-governmental entity that is impartial and 
not an affiliate of any Internet-based TRS provider.
    (ii) Neither the TRS Numbering Administrator nor any affiliate may 
issue a majority of its debt to, nor derive a majority of its revenues 
from, any Internet-based TRS provider.
    (iii) Nor may the TRS Numbering Administrator nor any affiliate be 
unduly influenced, as determined by the North American Numbering 
Council, by parties with a vested interest in the outcome of TRS-related 
numbering administration and activities.
    (iv) Any subcontractor that performs any function of the TRS 
Numbering Administrator must also meet these neutrality criteria.

[[Page 487]]

    (2) Terms of Administration. The TRS Numbering Administrator shall 
administer the TRS Numbering Directory pursuant to the terms of its 
contract.
    (3) Compensation. The TRS Fund, as defined by 47 CFR 
64.604(a)(5)(iii), may compensate the TRS Numbering Administrator for 
the reasonable costs of administration pursuant to the terms of its 
contract.
    (c) Direct video customer support and carceral point-to-point video 
service--(1) Registration. Any person seeking to access the TRS 
Numbering Directory as a Qualified Direct Video Entity shall submit an 
application to the Commission addressed to the Federal Communications 
Commission, Chief, Consumer and Governmental Affairs Bureau and 
captioned ``Direct Video Numbering Directory Access Application.'' The 
application shall include:
    (i) The applicant's name, address, telephone number, and email 
address;
    (ii) A description of the service to be provided;
    (iii) An acknowledgment that the authorization granted under this 
paragraph (c) is subject to compliance with applicable Commission rules;
    (iv) Contact information for personnel responsible for addressing 
issues relating to such compliance; and
    (v) Certification that the applicant's description of service meets 
the definition of direct video customer support or carceral point-to-
point video service and that the information provided is accurate and 
complete.
    (2) Commission authorization. The Commission shall approve an 
application for a Qualified Direct Video Entity to have access to the 
TRS Numbering Directory if the applicant demonstrates, through its 
responses to each of the requests for information in paragraph (c)(1) of 
this section and any additional information requested by the Commission, 
that the applicant has a legitimate need for such access and is aware of 
its regulatory obligations.
    (3) Termination of authorization. Authorization to access the TRS 
Numbering Directory shall terminate:
    (i) If a Qualified Direct Video Entity relinquishes its 
authorization by notifying the Commission;
    (ii) Automatically if one year elapses with no call-routing queries 
received regarding any of the Qualified Direct Video Entity's NANP 
telephone numbers for direct video customer support; or
    (iii) If the Commission determines, after notice to the entity and 
an opportunity for the entity to contest the proposed termination, that 
the entity is no longer qualified as described in its application, has 
materially misrepresented information to the Commission, the TRS 
Numbering administrator, or the TRS User Registration Database 
administrator, has failed to provide required information in the format 
requested, or has violated an applicable Commission rule or order or a 
requirement imposed by authority of the TRS Numbering administrator or 
the TRS User Registration Database administrator. Following the 
termination of an authorization, the TRS Numbering administrator shall 
remove the previously authorized entity's telephone numbers from the TRS 
Numbering Directory.
    (4) Notification of material change. A Qualified Direct Video Entity 
that is granted access to the TRS Numbering Directory shall notify the 
Commission within 60 days of any material changes to information 
provided in its application.
    (5) Qualified Direct Video Entities' obligations. A Qualified Direct 
Video Entity shall comply with all relevant rules and obligations 
applicable to VRS providers' access to the TRS Numbering Directory and 
the use of numbers provisioned in the TRS Numbering Directory, 
including, but not limited to:
    (i) Provisioning and maintaining current routing information in the 
TRS Numbering Directory for each NANP telephone number that it enters in 
such directory;
    (ii) Being able to make point-to-point calls to any VRS user in 
accordance with all interoperability standards applicable to VRS 
providers, including, but not limited to, the relevant technical 
standards specified in Sec.  64.621(b);
    (iii) For direct video customer support being able to receive point-
to-point or VRS calls from any VRS user in accordance with all 
interoperability standards applicable to VRS providers,

[[Page 488]]

including, but not limited to, the relevant technical standards 
specified in Sec.  64.621(b);
    (iv) Protecting customer proprietary network information of any VRS 
user obtained in accordance with Sec. Sec.  64.5101 through 64.5111 (TRS 
Customer Proprietary Network Information);
    (v) Following TRS Numbering Directory access procedures and 
performing related administrative functions as directed by the TRS 
Numbering administrator in consultation with the Managing Director and 
the Chief, Consumer and Governmental Affairs Bureau; and
    (vi) Adhering to all other applicable standards pertaining to 
privacy, security, and reliability.
    (6) Call transfer capability. A Qualified Direct Video Entity 
engaged in direct video customer support shall ensure that each customer 
support center is able to initiate a call transfer that converts a 
point-to-point video call into a VRS call, in the event that a VRS user 
communicating with a direct video customer agent needs to be transferred 
to a hearing person while the call is in progress. Each VRS provider 
shall be capable of activating an effective call transfer procedure 
within 60 days after receiving a request to do so from a Qualified 
Direct Video Entity engaged in direct video customer support.
    (7) TRS User Registration Database. For each direct video number to 
be entered into the TRS Numbering Directory, unless otherwise instructed 
by the TRS User Registration Database administrator, a Qualified Direct 
Video Entity must create an equivalent entry in the TRS User 
Registration Database by providing:
    (i) The Qualified Direct Video Entity's name;
    (ii) The date that the Qualified Direct Video Entity was approved 
for TRS Numbering Directory access;
    (iii) The name of the correctional facility or end-user customer 
support center (if different from the Qualified Direct Video Entity);
    (iv) Contact information for the correction facility or end-user 
customer support call center(s); and
    (v) Other information reasonably requested by the TRS User 
Registration Database administrator.

[73 FR 41296, July 18, 2008, as amended at 76 FR 59577, Sept. 27, 2011; 
82 FR 17764, Apr. 13, 2017; 82 FR 39683, Aug. 22, 2017; 84 FR 26371, 
June 6, 2019; 87 FR 75514, Dec. 9, 2022]



Sec.  64.615  TRS User Registration Database and administrator.

    (a) TRS User Registration Database.
    (1) VRS users call validation. VRS providers shall validate the 
eligibility of the party on the video side of each call by querying the 
TRS User Registration Database or the TRS Numbering Directory, as 
directed by the Commission, the TRS Fund administrator, or the TRS 
Numbering Administrator, on a per-call basis. Emergency 911 calls are 
excepted from the requirement in this paragraph (a)(1).
    (i) Validation shall occur during the call setup process, prior to 
the placement of the call.
    (ii) If the eligibility of at least one party to the call is not 
validated using the TRS User Registration Database, the call shall not 
be completed, and the VRS provider shall either terminate the call or, 
if appropriate, offer to register the user if they are able to 
demonstrate eligibility.
    (iii) Calls that VRS providers are prohibited from completing 
because the user's eligibility cannot be validated shall not be included 
in speed of answer calculations and shall not be eligible for 
compensation from the TRS Fund.
    (2) Enterprise and public videophone call validation. (i) VRS 
providers shall validate the registration of an enterprise or public 
videophone used for a VRS call by querying the designated database in 
accordance with paragraph (a)(1) of this section.
    (ii) [Reserved]
    (iii) VRS providers shall require their CAs to terminate any call 
which does not include a registered enterprise or public videophone or, 
pursuant to the provider's policies, the call does not appear to be a 
legitimate VRS call, and VRS providers may not seek compensation for 
such calls from the TRS Fund.
    (iv) Emergency 911 calls from enterprise and public videophones 
shall be exempt from the videophone validation

[[Page 489]]

requirements of paragraph (a)(2)(i) of this section.
    (3) The administrator of the TRS User Registration Database shall 
assign a unique identifier to each user in the TRS User Registration 
Database.
    (4) Data integrity. (i) Each VRS and IP CTS provider shall request 
that the administrator of the TRS User Registration Database remove from 
the TRS User Registration Database user information for any registered 
user or hearing point-to-point user:
    (A) Who informs its default VRS provider or its IP CTS provider that 
it no longer wants use of a ten-digit number for TRS or (in the case of 
a hearing point-to-point video user) for point-to-point video service; 
or
    (B) For whom the provider obtains information that the user is not 
eligible to use the service.
    (ii) The administrator of the TRS User Registration Database shall 
remove the data of:
    (A) Any VRS user that has neither placed nor received a VRS or 
point-to-point call in a one-year period; and
    (B) Any user for which a VRS or IP CTS provider makes a request 
under paragraph (a)(3)(i) of this section.
    (5) A VRS or IP CTS provider may query the TRS User Registration 
Database only for the purposes provided in this subpart, and to 
determine whether information with respect to its registered users 
already in the database is correct and complete.
    (6) User verification. (i) The TRS User Registration Database shall 
have the capability of performing an identification verification check 
when a VRS provider, IP CTS provider, or other party submits a query to 
the database about an existing or potential user or an enterprise or 
public videophone.
    (ii) VRS and IP CTS providers shall not register individuals or 
enterprise or public videophones that do not pass the identification 
verification check conducted through the TRS User Registration Database.
    (iii) VRS providers shall not seek compensation for calls placed by 
individuals or for calls placed to or from enterprise or public 
videophones that do not pass the identification verification check 
conducted through the TRS User Registration Database.
    (iv) IP CTS providers shall not seek compensation for calls placed 
to or from individuals that do not pass the identification verification 
check conducted through the TRS User Registration Database.
    (v) Notwithstanding paragraphs (a)(6)(ii) through (iv) of this 
section, VRS and IP CTS providers may provide service to a new or 
porting user for up to two weeks after the user's registration 
information has been submitted to the TRS User Registration Database, 
pending verification of the user's identity. After such user's identity 
is verified by the Database administrator, a TRS provider may seek TRS 
Fund compensation for calls handled during such pre-verification period.
    (vi) If a VRS provider submits registration information for a TRS 
telephone number that is being ported from another VRS provider, and 
user's identity cannot be immediately verified, then the porting-in 
provider's routing information for that telephone number shall be 
provisionally entered in the TRS Numbering Directory for up to two weeks 
to allow the routing of calls to the porting-in VRS provider pursuant to 
paragraph (a)(6)(v) of this section. If the user's identity is not 
verified by the TRS User Registration Database administrator within the 
allowed two-week period, the porting-out provider's routing information 
shall be re-entered in the TRS Number Directory.
    (b) Administration--(1) Terms of administration. The administrator 
of the TRS User Registration Database shall administer the TRS User 
Registration Database pursuant to the terms of its contract.
    (2) Compensation. The TRS Fund, as defined by Sec.  
64.604(a)(5)(iii) of this subpart, may be used to compensate the 
administrator of the TRS User Registration Database for the reasonable 
costs of administration pursuant to the terms of its contract.

[78 FR 40609, July 5, 2013, as amended at 82 FR 17764, Apr. 13, 2017; 84 
FR 8463, Mar. 8, 2019; 84 FR 26372, June 6, 2019; 85 FR 26858, May 6, 
2020; 87 FR 57648, Sept. 21, 2022]

[[Page 490]]



Sec.  64.619  VRS Access Technology Reference Platform and administrator.

    (a) VRS Access Technology Reference Platform. (1) The VRS Access 
Technology Reference Platform shall be a software product that performs 
consistently with the rules in this subpart, including any standards 
adopted in Sec.  64.621 of this subpart.
    (2) The VRS Access Technology Reference Platform shall be available 
for use by the public and by developers.
    (b) Administration--(1) Terms of administration. The administrator 
of the VRS Access Technology Reference Platform shall administer the VRS 
Access Technology Reference Platform pursuant to the terms of its 
contract.
    (2) Compensation. The TRS Fund, as defined by Sec.  
64.604(a)(5)(iii) of this subpart, may be used to compensate the 
administrator of the VRS Access Technology Reference Platform for the 
reasonable costs of administration pursuant to the terms of its 
contract.

[78 FR 40609, July 5, 2013]



Sec.  64.621  Interoperability and portability.

    (a) General obligations of VRS providers. (1) All Video Relay 
Service (VRS) users and hearing point-to-point video users must be able 
to place a VRS or point-to-point video call through any of the VRS 
providers' services, and all VRS providers must be able to receive calls 
from, and make calls to, any VRS or hearing point-to-point video user.
    (2) A VRS provider may not take steps that restrict a user's 
unfettered access to another provider's service, such as providing 
degraded service quality to VRS users using VRS equipment or service 
with another provider's service.
    (3) All VRS providers must ensure that their VRS access technologies 
and their video communication service platforms are interoperable with 
the VRS Access Technology Reference Platform, including for point-to-
point calls. No VRS provider shall be compensated for minutes of use 
involving their VRS access technologies or video communication service 
platforms that are not interoperable with the VRS Access Technology 
Reference Platform.
    (4) All VRS providers must ensure that their VRS access technologies 
and their video communication service platforms are interoperable with 
the Neutral Video Communication Service Platform, including for point-
to-point calls. No VRS provider shall be compensated for minutes of use 
involving their VRS access technologies or video communication service 
platforms that are not interoperable with the Neutral Video 
Communication Service Platform.
    (b) Technical standards for interoperability and portability. (1) 
Beginning no later than December 20, 2017, VRS providers shall ensure 
that their provision of VRS and video communications, including their 
access technology, meets the requirements of the VRS Provider 
Interoperability Profile.
    (2) Beginning no later than October 24, 2017, VRS providers shall 
provide a standard xCard export interface to enable users to import 
their lists of contacts in xCard XML format, in accordance with IETF RFC 
6351.
    (c) Incorporation by reference. The material listed in this 
paragraph (c) is incorporated by reference into this section with the 
approval of the Director of the Federal Register under 5 U.S.C. 552(a) 
and 1 CFR part 51. All approved incorporation by reference (IBR) 
material is available for inspection at the FCC and the National 
Archives and Records Administration (NARA). Contact the FCC through the 
Federal Communications Commission's Reference Information Center, phone: 
(202) 418-0270. For information on the availability of this material at 
NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or 
email [email protected]. The material may be obtained from the 
following sources in this paragraph (c):
    (1) FCC (on behalf of SIP Forum), located at the address indicated 
in 47 CFR 0.401(a), Tel: (888) 225-5322 (voice), (844) 432-2275 
(videophone), (888) 835-5322 (TTY).
    (i) VRS US Providers Profile TWG-6.1, the US VRS Provider 
Interoperability Profile, September 23, 2015. https://www.fcc.gov/files/
sip-forum-vrs-us-providers-profile-twg-6-1.
    (ii) [Reserved]

[[Page 491]]

    (2) The following standards are available from the Internet 
Engineering Task Force (IETF) Secretariat, 5177 Brandin Court, Fremont, 
CA 94538, 510-492-4080.
    (i) [Reserved]
    (ii) Request for Comments (RFC) 6351, xCard: vCard XML 
Representation (August 2011) https://tools.ietf.org/html/rfc6351.

[78 FR 40609, July 5, 2013, as amended at 82 FR 17764, Apr. 13, 2017; 82 
FR 19325, Apr. 27, 2017; 82 FR 39683, Aug. 22, 2017; 85 FR 64407, Oct. 
13, 2020; 86 FR 35633, July 7, 2021; 86 FR 54871, Oct. 5, 2021; 88 FR 
21445, Apr. 10, 2023]



Sec.  64.623  Administrator requirements.

    (a) For the purposes of this section, the term ``Administrator'' 
shall refer to each of the TRS Numbering administrator, the 
administrator of the TRS User Registration Database, the administrator 
of the VRS Access Technology Reference Platform, and the provider of the 
Neutral Video Communication Service Platform. A single entity may serve 
in one or more of these capacities.
    (b) Neutrality. (1) The Administrator shall be a non-governmental 
entity that is impartial and not an affiliate of any Internet-based TRS 
provider.
    (2) Neither the Administrator nor any affiliate thereof shall issue 
a majority of its debt to, nor derive a majority of its revenues from, 
any Internet-based TRS provider.
    (3) Neither the TRS Numbering administrator nor any affiliate 
thereof shall be unduly influenced, as determined by the North American 
Numbering Council, by parties with a vested interest in the outcome of 
TRS-related numbering administration and activities.
    (4) None of the administrator of the TRS User Registration Database, 
the administrator of the VRS Access Technology Reference Platform, or 
the provider of the Neutral Video Communication Service Platform, nor 
any affiliates thereof, shall be unduly influenced, as determined by the 
Commission, by parties with a vested interest in the outcome of TRS-
related activities.
    (5) Any subcontractor that performs any function of any 
Administrator shall also meet the neutrality criteria applicable to such 
Administrator.
    (c) Terms of administration. The Administrator shall administer 
pursuant to the terms of its contract.
    (d) Compensation. The TRS Fund, as defined by Sec.  
64.604(a)(5)(iii) of this subpart, may be used to compensate the 
Administrator for the reasonable costs of administration pursuant to the 
terms of its contract.

[78 FR 40609, July 5, 2013]



Sec.  64.630  Applicability of change of default TRS provider rules.

    (a) Sections 64.630 through 64.636 governing changes in default TRS 
providers shall apply to any provider of IP Relay or VRS eligible to 
receive payments from the TRS Fund.
    (b) For purposes of Sec. Sec.  64.630 through 64.636, the term iTRS 
users is defined as any individual that has been assigned a ten-digit 
NANP number from the TRS Numbering Directory for IP Relay, VRS, or 
point-to-point video service.

[82 FR 17764, Apr. 13, 2017]



Sec.  64.631  Verification of orders for change of default TRS providers.

    (a) No iTRS provider, either directly or through its numbering 
partner, shall initiate or implement the process to change an iTRS 
user's selection of a default provider prior to obtaining:
    (1) Authorization from the iTRS user, and
    (2) Verification of that authorization in accordance with the 
procedures prescribed in this section. The new default provider shall 
maintain and preserve without alteration or modification all records of 
verification of the iTRS user's authorization for a minimum period of 
five years after obtaining such verification and shall make such records 
available to the Commission upon request. In any case where the iTRS 
provider is unable, unwilling or otherwise fails to make such records 
available to the Commission upon request, it shall be presumed that the 
iTRS provider has failed to comply with its verification obligations 
under the rules.
    (b) Where an iTRS provider is offering more than one type of TRS, 
that

[[Page 492]]

provider must obtain separate authorization from the iTRS user for each 
service, although the authorizations may be obtained within the same 
transaction. Each authorization must be verified separately from any 
other authorizations obtained in the same transaction. Each 
authorization must be verified in accordance with the verification 
procedures prescribed in this part.
    (c) A new iTRS provider shall not, either directly or through its 
numbering partner, initiate or implement the process to change a default 
provider unless and until the order has been verified in accordance with 
one of the following procedures:
    (1) The iTRS provider has obtained the iTRS user's written or 
electronically signed authorization in a form that meets the 
requirements of Sec.  64.632 of this part; or
    (2) An independent third party meeting the qualifications in this 
subsection has obtained, in accordance with the procedures set forth in 
paragraphs (c)(2)(i) through (iv) of this section, the iTRS user's 
authorization to implement the default provider change order that 
confirms and includes appropriate verification of registration data with 
the TRS User Registration Database as defined in Sec.  64.601(a) of this 
part. The independent third party must not be owned, managed, 
controlled, or directed by the iTRS provider or the iTRS provider's 
marketing agent; must not have any financial incentive to confirm 
default provider change orders for the iTRS provider or the iTRS 
provider's marketing agent; and must operate in a location physically 
separate from the iTRS provider or the iTRS provider's marketing agent.
    (i) Methods of third party verification. Third party verification 
systems and three-way conference calls may be used for verification 
purposes so long as the requirements of paragraphs (c)(3)(ii) through 
(iv) of this section are satisfied. It shall be a per se violation of 
these rules if at any time the iTRS provider, an iTRS provider's 
marketing representative, or any other person misleads the iTRS user 
with respect to the authorization that the iTRS user is giving, the 
purpose of that authorization, the purpose of the verification, the 
verification process, or the identity of the person who is placing the 
call as well as on whose behalf the call is being placed, if applicable.
    (ii) Provider initiation of third party verification. An iTRS 
provider or an iTRS provider's marketing representative initiating a 
three-way conference call must drop off the call once the three-way 
connection has been established.
    (iii) Requirements for content and format of third party 
verification. Any description of the default provider change transaction 
by a third party verifier must not be misleading. At the start of the 
third party verification process, the third party verifier shall 
identify the new default provider to the iTRS user and shall confirm 
that the iTRS user understands that the iTRS user is changing default 
providers and will no longer receive service from the iTRS user's 
current iTRS provider. In addition, all third party verification methods 
shall elicit, at a minimum: The date of the verification; the identity 
of the iTRS user; confirmation that the person on the call is the iTRS 
user; confirmation that the iTRS user wants to make the default provider 
change; confirmation that the iTRS user understands that a default 
provider change, not an upgrade to existing service, or any other 
misleading description of the transaction, is being authorized; 
confirmation that the iTRS user understands what the change in default 
provider means, including that the iTRS user may need to return any 
video equipment belonging to the original default provider; the name of 
the new default provider affected by the change; the telephone number of 
record to be transferred to the new default provider; and the type of 
TRS used with the telephone number being transferred. If the iTRS user 
has additional questions for the iTRS provider's marketing 
representative during the verification process, the verifier shall 
instruct the iTRS user that they are terminating the verification 
process, that the iTRS user may contact the marketing representative 
with additional questions, and that the iTRS user's default provider 
will not be changed. The marketing representative

[[Page 493]]

may again initiate the verification process following the procedures set 
out in this section after the iTRS user contacts the marketing 
representative with any additional questions. Third party verifiers may 
not market the iTRS provider's services by providing additional 
information.
    (iv) Other requirements for third party verification. All third 
party verifications shall be conducted in the same language and format 
that were used in the underlying marketing transaction and shall be 
recorded in their entirety. In the case of VRS, this means that if the 
marketing process was conducted in American Sign Language (ASL), then 
the third party verification shall be conducted in ASL. In the event 
that the underlying marketing transaction was conducted via text over IP 
Relay, such text format shall be used for the third party verification. 
The third party verifier shall inform both the iTRS user and, where 
applicable, the communications assistant relaying the call, that the 
call is being recorded. The third party verifier shall provide the new 
default provider an audio, video, or IP Relay transcript of the 
verification of the iTRS user authorization. New default providers shall 
maintain and preserve audio and video records of verification of iTRS 
user authorization in accordance with the procedures set forth in 
paragraph (a)(2) of this section.
    (d) A new default provider shall implement an iTRS user's default 
provider change order within 60 days of obtaining either:
    (1) A written or electronically signed letter of agency in 
accordance with Sec.  64.632 of this part or
    (2) Third party verification of the iTRS user's default provider 
change order in accordance with paragraph (c)(2) of this section. If not 
implemented within 60 days as required herein, such default provider 
change order shall be deemed void.
    (e) At any time during the process of changing an iTRS user's 
default provider, and until such process is completed, which is when the 
new default provider assumes the role of default provider, the original 
default provider shall not:
    (1) Reduce the level or quality of iTRS service provided to such 
iTRS user, or
    (2) Reduce the functionality of any VRS access technology provided 
by the iTRS provider to such iTRS user.
    (f) An iTRS provider that is certified pursuant to Sec.  
64.606(a)(2) of this part may acquire, through a sale or transfer, 
either part or all of another iTRS provider's iTRS user base without 
obtaining each iTRS user's authorization and verification in accordance 
with paragraph (c) of this section, provided that the acquiring iTRS 
provider complies with the following streamlined procedures. An iTRS 
provider shall not use these streamlined procedures for any fraudulent 
purpose, including any attempt to avoid liability for violations under 
part 64 of the Commission rules.
    (1) Not later than 30 days before the transfer of the affected iTRS 
users from the selling or transferring iTRS provider to the acquiring 
iTRS provider, the acquiring iTRS provider shall provide notice to each 
affected iTRS user of the information specified herein. The acquiring 
iTRS provider is required to fulfill the obligations set forth in the 
advance iTRS user notice. In the case of VRS, the notice shall be 
provided as a pre-recorded video message in American Sign Language sent 
to all affected iTRS users. In the case of IP Relay, the notice shall be 
provided as a pre-recorded text message sent to all affected iTRS users. 
The advance iTRS user notice shall be provided in a manner consistent 
with 47 U.S.C. 255, 617, 619 and the Commission's rules regarding 
accessibility to blind and visually-impaired consumers, Sec. Sec.  6.3, 
6.5, 14.20, and 14.21 of this chapter. The following information must be 
included in the advance iTRS user notice:
    (i) The date on which the acquiring iTRS provider will become the 
iTRS user's new default provider;
    (ii) The iTRS user's right to select a different default provider 
for the iTRS at issue, if an alternative iTRS provider is available;
    (iii) Whether the acquiring iTRS provider will be responsible for 
handling any complaints filed, or otherwise raised, prior to or during 
the transfer

[[Page 494]]

against the selling or transferring iTRS provider, and
    (iv) The toll-free customer service telephone number of the 
acquiring iTRS provider.
    (2) All iTRS users receiving the notice will be transferred to the 
acquiring iTRS provider, unless they have selected a different default 
provider before the transfer date.

[78 FR 40609, July 5, 2013]



Sec.  64.632  Letter of authorization form and content.

    (a) An iTRS provider may use a written or electronically signed 
letter of authorization to obtain authorization of an iTRS user's 
request to change his or her default provider. A letter of authorization 
that does not conform with this section is invalid for purposes of this 
subpart.
    (b) The letter of authorization shall be a separate document or 
located on a separate screen or Web page. The letter of authorization 
shall contain the following title ``Letter of Authorization to Change my 
Default Provider'' at the top of the page, screen, or Web page, as 
applicable, in clear and legible type.
    (c) The letter of authorization shall contain only the authorizing 
language described in paragraph (d) of this section and be strictly 
limited to authorizing the new default provider to implement a default 
provider change order. The letter of authorization shall be signed and 
dated by the iTRS user requesting the default provider change.
    (d) At a minimum, the letter of authorization must be printed with a 
type of sufficient size and readable type to be clearly legible and must 
contain clear and unambiguous language that confirms:
    (1) The iTRS user's registered name and address and each telephone 
number to be covered by the default provider change order;
    (2) The decision to change the default provider from the original 
default provider to the new default provider;
    (3) That the iTRS user designates [insert the name of the new 
default provider] to act as the iTRS user's agent and authorizing the 
new default provider to implement the default provider change; and
    (4) That the iTRS user understands that only one iTRS provider may 
be designated as the TRS user's default provider for any one telephone 
number.
    (e) If any portion of a letter of authorization is translated into 
another language then all portions of the letter of authorization must 
be translated into that language. Every letter of authorization must be 
translated into the same language as any promotional materials, 
descriptions or instructions provided with the letter of authorization.
    (f) Letters of authorization submitted with an electronically signed 
authorization must include the consumer disclosures required by Section 
101(c) of the Electronic Signatures in Global and National Commerce Act.

[78 FR 40609, July 5, 2013]



Sec.  64.633  Procedures for resolution of unauthorized changes
in default provider.

    (a) Notification of alleged unauthorized provider change. Original 
default providers who are informed of an unauthorized default provider 
change by an iTRS user shall immediately notify the allegedly 
unauthorized provider and the Commission's Consumer and Governmental 
Affairs Bureau of the incident.
    (b) Referral of complaint. Any iTRS provider that is informed by an 
iTRS user or original default provider of an unauthorized default 
provider change shall:
    (1) Notify the Commission's Consumer and Governmental Affairs 
Bureau, and
    (2) Shall inform that iTRS user of the iTRS user's right to file a 
complaint with the Commission's Consumer and Governmental Affairs 
Bureau. iTRS providers shall also inform the iTRS user that the iTRS 
user may contact and file a complaint with the alleged unauthorized 
default provider. An original default provider shall have the right to 
file a complaint with the Commission in the event that one of its 
respective iTRS users is the subject of an alleged unauthorized default 
provider change.

[[Page 495]]

    (c) Notification of receipt of complaint. Upon receipt of an 
unauthorized default provider change complaint or notification filed 
pursuant to this section, the Commission will notify the allegedly 
unauthorized provider and the Fund administrator of the complaint or 
notification and order that the unauthorized provider identify to the 
Fund administrator all minutes attributable to the iTRS user after the 
alleged unauthorized change of default provider is alleged to have 
occurred. The Fund administrator shall withhold reimbursement for such 
minutes pending Commission determination of whether an unauthorized 
change, as defined by Sec.  64.601(a) of this part, has occurred, if it 
has not already done so.
    (d) Proof of verification. Not more than 30 days after notification 
of the complaint or other notification, the alleged unauthorized default 
provider shall provide to the Commission's Consumer and Governmental 
Affairs Bureau a copy of any valid proof of verification of the default 
provider change. This proof of verification must clearly demonstrate a 
valid authorized default provider change, as that term is defined in 
Sec.  Sec.  64.631 through 64.632 of this part. The Commission will 
determine whether an unauthorized change, as defined by Sec.  64.601(a) 
of this part, has occurred using such proof and any evidence supplied by 
the iTRS user or other iTRS providers. Failure by the allegedly 
unauthorized provider to respond or provide proof of verification will 
be presumed to be sufficient evidence of a violation.

[78 FR 40609, July 5, 2013]



Sec.  64.634  Procedures where the Fund has not yet reimbursed
the provider.

    (a) This section shall only apply after an iTRS user or iTRS 
provider has complained to or notified the Commission that an allegedly 
unauthorized change, as defined by Sec.  64.601(a) of this part, has 
occurred, and the TRS Fund (Fund), as defined in Sec.  64.604(c)(5)(iii) 
of this part, has not reimbursed the allegedly unauthorized default 
provider for service attributable to the iTRS user after the allegedly 
unauthorized change occurred.
    (b) An allegedly unauthorized provider shall identify to the Fund 
administrator all minutes submitted by the allegedly unauthorized 
provider to the Fund for reimbursement that are attributable to the iTRS 
user after the allegedly unauthorized change of default provider, as 
defined by Sec.  64.601(a) of this part, is alleged to have occurred.
    (c) If the Commission determines that an unauthorized change, as 
defined by Sec.  64.601(a) of this part, has occurred, the Commission 
shall direct the Fund administrator to not reimburse for any minutes 
attributable to the iTRS user after the unauthorized change occurred, 
and neither the authorized nor the unauthorized default provider may 
seek reimbursement from the fund for those charges. The remedies 
provided in this section are in addition to any other remedies available 
by law.
    (d) If the Commission determines that the default provider change 
was authorized, the default provider may seek reimbursement from the 
Fund for minutes of service provided to the iTRS user.

[78 FR 40609, July 5, 2013]



Sec.  64.635  Procedures where the Fund has already reimbursed the provider.

    (a) The procedures in this section shall only apply after an iTRS 
user or iTRS provider has complained to or notified the Commission that 
an unauthorized change, as defined by Sec.  64.601(a) of this part, has 
occurred, and the Fund has reimbursed the allegedly unauthorized default 
provider for minutes of service provided to the iTRS user.
    (b) If the Commission determines that an unauthorized change, as 
defined by Sec.  64.601(a) of this part, has occurred, it shall direct 
the unauthorized default provider to remit to the Fund an amount equal 
to 100% of all payments the unauthorized default provider received from 
the Fund for minutes attributable to the iTRS user after the 
unauthorized change occurred. The remedies provided in this

[[Page 496]]

section are in addition to any other remedies available by law.

[78 FR 40609, July 5, 2013]



Sec.  64.636  Prohibition of default provider freezes.

    (a) A default provider freeze prevents a change in an iTRS user's 
default provider selection unless the iTRS user gives the provider from 
whom the freeze was requested his or her express consent.
    (b) Default provider freezes shall be prohibited.

[78 FR 40609, July 5, 2013]



Sec.  64.640  Compensation for IP Relay.

    (a) For the period from July 1, 2022, through June 30, 2026, TRS 
Fund compensation for the provision of IP Relay shall be as described in 
this section.
    (b) For Fund Year 2022-23, comprising the period from July 1, 2022, 
through June 30, 2023, the Compensation Level for IP Relay shall be 
$1.9576 per minute.
    (c) For each succeeding Fund Year through June 30, 2026, the per-
minute Compensation Level (LFY) shall be determined in 
accordance with the following equation:

LFY = LFY-1 * (1+IFFY)

where IFFY is the Inflation Adjustment Factor for that Fund 
          Year, determined in accordance with paragraph (d) of this 
          section.

    (d) The inflation adjustment factor for a Fund Year 
(IFFY), to be determined annually on or before June 30, is 1/
100 times the difference between the values of the Employment Cost Index 
compiled by the Bureau of Labor Statistics, U.S. Department of Labor, 
for total compensation for private industry workers in professional, 
scientific, and technical services, for the following periods:
    (1) The fourth quarter of the Calendar Year ending 6 months before 
the beginning of the Fund Year; and
    (2) The fourth quarter of the preceding Calendar Year.
    (e) In addition to LFY, an IP Relay provider shall be 
paid a per-minute exogenous cost adjustment if claims for exogenous cost 
recovery are submitted by the provider and approved by the Commission on 
or before June 30. Such exogenous cost adjustment shall equal the amount 
of such approved claims divided by the provider's projected minutes for 
the Fund Year. Exogenous cost adjustments, if any, are not included in 
the previous Fund Year's per-minute Compensation Level 
(LFY-1) for purposes of paragraph (c) of this section.
    (f) An exogenous cost adjustment shall be paid if an IP Relay 
provider incurs well-documented costs that:
    (1) Belong to a category of costs that the Commission has deemed 
allowable;
    (2) Result from new TRS requirements or other causes beyond the 
provider's control;
    (3) Are new costs that were not factored into the applicable 
compensation formula; and
    (4) If unrecovered, would cause a provider's current allowable-
expenses-plus-operating margin to exceed its revenues.

[87 FR 42660, July 18, 2022]



    Subpart G_Furnishing of Enhanced Services and Customer-Premises 
   Equipment by Bell Operating Companies; Telephone Operator Services



Sec.  64.702  Furnishing of enhanced services and customer-premises equipment.

    (a) For the purpose of this subpart, the term enhanced service shall 
refer to services, offered over common carrier transmission facilities 
used in interstate communications, which employ computer processing 
applications that act on the format, content, code, protocol or similar 
aspects of the subscriber's transmitted information; provide the 
subscriber additional, different, or restructured information; or 
involve subscriber interaction with stored information. Enhanced 
services are not regulated under title II of the Act.
    (b) Bell Operating Companies common carriers subject, in whole or in 
part, to the Communications Act may directly provide enhanced services 
and customer-premises equipment; provided, however, that the Commission 
may prohibit any such common carrier from engaging directly or 
indirectly in

[[Page 497]]

furnishing enhanced services or customer-premises equipment to others 
except as provided for in paragraph (c) of this section, or as otherwise 
authorized by the Commission.
    (c) A Bell Operating Company common carrier prohibited by the 
Commission pursuant to paragraph (b) of this section from engaging in 
the furnishing of enhanced services or customer-premises equipment may, 
subject to other provisions of law, have a controlling or lesser 
interest in, or be under common control with, a separate corporate 
entity that furnishes enhanced services or customer-premises equipment 
to others provided the following conditions are met:
    (1) Each such separate corporation shall obtain all transmission 
facilities necessary for the provision of enhanced services pursuant to 
tariff, and may not own any network or local distribution transmission 
facilities or equipment.
    (2) Each such separate corporation shall operate independently in 
the furnishing of enhanced services and customer-premises equipment. It 
shall maintain its own books of account, have separate officers, utilize 
separate operating, marketing, installation, and maintenance personnel, 
and utilize separate computer facilities in the provision of enhanced 
services.
    (3) Each such separate corporation which provides customer-premises 
equipment or enhanced services shall deal with any affiliated 
manufacturing entity only on an arm's length basis.
    (4) Any research or development performed on a joint or separate 
basis for the subsidiary must be done on a compensatory basis. Except 
for generic software within equipment, manufactured by an affiliate, 
that is sold ``off the shelf'' to any interested purchaser, the separate 
corporation must develop its own software, or contract with non-
affiliated vendors.
    (5) All transactions between the separate corporation and the 
carrier or its affiliates which involve the transfer, either direct or 
by accounting or other record entries, of money, personnel, resources, 
other assets or anything of value, shall be reduced to writing. A copy 
of any contract, agreement, or other arrangement entered into between 
such entities shall be filed with the Commission within 30 days after 
the contract, agreement, or other arrangement is made. This provision 
shall not apply to any transaction governed by the provision of an 
effective state or federal tariff.
    (d) A carrier subject to the proscription set forth in paragraph (c) 
of this section:
    (1) Shall not engage in the sale or promotion of enhanced services 
or customer-premises equipment, on behalf of the separate corporation, 
or sell, lease or otherwise make available to the separate corporation 
any capacity or computer system component on its computer system or 
systems which are used in any way for the provision of its common 
carrier communications services. (This does not apply to communications 
services offered the separate subsidiary pursuant to tariff);
    (2) Shall disclose to the public all information relating to network 
design and technical standards and information affecting changes to the 
telecommunications network which would affect either intercarrier 
interconnection or the manner in which customer-premises equipment is 
attached to the interstate network prior to implementation and with 
reasonable advance notification. Such information shall be disclosed in 
compliance with the procedures set forth in 47 CFR 51.325 through 
51.335.
    (3) [Reserved]
    (4) Must obtain Commission approval as to the manner in which the 
separate corporation is to be capitalized, prior to obtaining any 
interest in the separate corporation or transferring any assets, and 
must obtain Commission approval of any modification to a Commission 
approved capitalization plan.
    (e) Except as otherwise ordered by the Commission, the carrier 
provision of customer premises equipment used

[[Page 498]]

in conjunction with the interstate telecommunications network may be 
offered in combination with the provision of common carrier 
communications services, except that the customer premises equipment 
shall not be offered on a tariffed basis.

[45 FR 31364, May 13, 1980, as amended at 46 FR 6008, Jan. 21, 1981; 63 
FR 20338, Apr. 24, 1998; 64 FR 14148, Mar. 24, 1999; 66 FR 19402, Apr. 
16, 2001]



Sec.  64.703  Consumer information.

    (a) Each provider of operator services shall:
    (1) Identify itself, audibly and distinctly, to the consumer at the 
beginning of each telephone call and before the consumer incurs any 
charge for the call;
    (2) Permit the consumer to terminate the telephone call at no charge 
before the call is connected;
    (3) Disclose immediately to the consumer, upon request and at no 
charge to the consumer--
    (i) A quotation of its rates or charges for the call;
    (ii) The methods by which such rates or charges will be collected; 
and
    (iii) The methods by which complaints concerning such rates, 
charges, or collection practices will be resolved; and
    (4) Disclose, audibly and distinctly to the consumer, at no charge 
and before connecting any interstate non-access code operator service 
call, how to obtain the total cost of the call, including any aggregator 
surcharge, or the maximum possible total cost of the call, including any 
aggregator surcharge, before providing further oral advice to the 
consumer on how to proceed to make the call. The oral disclosure 
required in this subsection shall instruct consumers that they may 
obtain applicable rate and surcharge quotations either, at the option of 
the provider of operator services, by dialing no more than two digits or 
by remaining on the line. The phrase ``total cost of the call'' as used 
in this paragraph means both the variable (duration-based) charges for 
the call and the total per-call charges, exclusive of taxes, that the 
carrier, or its billing agent, may collect from the consumer for the 
call. It does not include additional charges that may be assessed and 
collected without the involvement of the carrier, such as a hotel 
surcharge billed by a hotel. Such charges are addressed in paragraph (b) 
of this section.
    (b) Each aggregator shall post on or near the telephone instrument, 
in plain view of consumers:
    (1) The name, address, and toll-free telephone number of the 
provider of operator services;
    (2) Except for CMRS aggregators, a written disclosure that the rates 
for all operator-assisted calls are available on request, and that 
consumers have a right to obtain access to the interstate common carrier 
of their choice and may contact their preferred interstate common 
carriers for information on accessing that carrier's service using that 
telephone;
    (3) In the case of a pay telephone, the local coin rate for the pay 
telephone location; and
    (4) The name and address of the Consumer Information Bureau of the 
Commission (Federal Communications Commission, Consumer Information 
Bureau, Consumer Complaints--Telephone, Washington, D.C. 20554), to 
which the consumer may direct complaints regarding operator services. An 
existing posting that displays the address that was required prior to 
the amendment of this rules (i.e., the address of the Common Carrier 
Bureau's Enforcement Division, which no longer exists) may remain until 
such time as the posting is replaced for any other purpose. Any posting 
made after the effective date of this amendment must display the updated 
address (i.e., the address of the Consumer Information Bureau).
    (c) Updating of postings. The posting required by this section shall 
be updated as soon as practicable following any change of the carrier 
presubscribed to provide interstate service at an aggregator location, 
but no later than 30 days following such change. This requirement may be 
satisfied by applying to a payphone a temporary sticker displaying the 
required posting information, provided that any such temporary sticker 
shall be replaced with permanent signage during the next regularly 
scheduled maintenance visit.

[[Page 499]]

    (d) Effect of state law or regulation. The requirements of paragraph 
(b) of this section shall not apply to an aggregator in any case in 
which State law or State regulation requires the aggregator to take 
actions that are substantially the same as those required in paragraph 
(b) of this section.
    (e) Each provider of operator services shall ensure, by contract or 
tariff, that each aggregator for which such provider is the 
presubscribed provider of operator services is in compliance with the 
requirements of paragraph (b) of this section.

[56 FR 18523, Apr. 23, 1991, as amended at 61 FR 14981, Apr. 4, 1996; 61 
FR 52323, Oct. 7, 1996; 63 FR 11617, Mar. 10, 1998; 63 FR 43041, Aug. 
11, 1998; 64 FR 47119, Aug. 30, 1999; 67 FR 2819, Jan. 22, 2002]



Sec.  64.704  Call blocking prohibited.

    (a) Each aggregator shall ensure that each of its telephones 
presubscribed to a provider of operator services allows the consumer to 
use ``800'' and ``950'' access code numbers to obtain access to the 
provider of operator services desired by the consumer.
    (b) Each provider of operator services shall:
    (1) Ensure, by contract or tariff, that each aggregator for which 
such provider is the presubscribed provider of operator services is in 
compliance with the requirements of paragraphs (a) and (c) of this 
section; and
    (2) Withhold payment (on a location-by-location basis) of any 
compensation, including commissions, to aggregators if such provider 
reasonably believes that the aggregator is blocking access to interstate 
common carriers in violation of paragraphs (a) or (c) of this section.
    (c) Each aggregator shall, by the earliest applicable date set forth 
in this paragraph, ensure that any of its equipment presubscribed to a 
provider of operator services allows the consumer to use equal access 
codes to obtain access to the consumer's desired provider of operator 
services.
    (1) Each pay telephone shall, within six (6) months of the effective 
date of this paragraph, allow the consumer to use equal access codes to 
obtain access to the consumer's desired provider of operator services.
    (2) All equipment that is technologically capable of identifying the 
dialing of an equal access code followed by any sequence of numbers that 
will result in billing to the originating telephone and that is 
technologically capable of blocking access through such dialing 
sequences without blocking access through other dialing sequences 
involving equal access codes, shall, within six (6) months of the 
effective date of this paragraph or upon installation, whichever is 
sooner, allow the consumer to use equal access codes to obtain access to 
the consumer's desired provider of operator services.
    (3) All equipment or software that is manufactured or imported on or 
after April 17, 1992, and installed by any aggregator shall, immediately 
upon installation by the aggregator, allow the consumer to use equal 
access codes to obtain access to the consumer's desired provider of 
operator services.
    (4) All equipment that can be modified at a cost of no more than 
$15.00 per line to be technologically capable of identifying the dialing 
of an equal access code followed by any sequence of numbers that will 
result in billing to the originating telephone and to be technologically 
capable of blocking access through such dialing sequences without 
blocking access through other dialing sequences involving equal access 
codes, shall, within eighteen (18) months of the effective date of this 
paragraph, allow the consumer to use equal access codes to obtain access 
to the consumer's desired provider of operator services.
    (5) All equipment not included in paragraphs (c)(1), (c)(2), (c)(3), 
or (c)(4) of this section shall, no later than April 17, 1997, allow the 
consumer to use equal access codes to obtain access to the consumer's 
desired provider of operator services.
    (6) This paragraph does not apply to the use by consumers of equal 
access code dialing sequences that result in billing to the originating 
telephone.
    (d) All providers of operator services, except those employing a 
store-and-forward device that serves only consumers at the location of 
the device, shall establish an ``800'' or ``950'' access code number 
within six (6) months of the effective date of this paragraph.

[[Page 500]]

    (e) The requirements of this section shall not apply to CMRS 
aggregators and providers of CMRS operator services.

[56 FR 18523, Apr. 23, 1991, as amended at 56 FR 40799, Aug. 16, 1991; 
57 FR 34260, Aug. 4, 1992; 63 FR 43041, Aug. 11, 1998]



Sec.  64.705  Restrictions on charges related to the provision
of operator services.

    (a) A provider of operator services shall:
    (1) Not bill for unanswered telephone calls in areas where equal 
access is available;
    (2) Not knowingly bill for unanswered telephone calls where equal 
access is not available;
    (3) Not engage in call splashing, unless the consumer requests to be 
transferred to another provider of operator services, the consumer is 
informed prior to incurring any charges that the rates for the call may 
not reflect the rates from the actual originating location of the call, 
and the consumer then consents to be transferred;
    (4) Except as provided in paragraph (a)(3) of this section, not bill 
for a call that does not reflect the location of the origination of the 
call; and
    (5) Ensure, by contract or tariff, that each aggregator for which 
such provider is the presubscribed provider of operator services is in 
compliance with the requirements of paragraph (b) of this section.
    (b) An aggregator shall ensure that no charge by the aggregator to 
the consumer for using an ``800'' or ``950'' access code number, or any 
other access code number, is greater than the amount the aggregator 
charges for calls placed using the presubscribed provider of operator 
services.
    (c) The requirements of paragraphs (a)(5) and (b) of this section 
shall not apply to CMRS aggregators and providers of CMRS operator 
services.

[56 FR 18523, Apr. 23, 1991, as amended at 63 FR 43041, Aug. 11, 1998]



Sec.  64.706  Minimum standards for the routing and handling of
emergency telephone calls.

    Upon receipt of any emergency telephone call, providers of operator 
services and aggregators shall ensure immediate connection of the call 
to the appropriate emergency service of the reported location of the 
emergency, if known, and, if not known, of the originating location of 
the call.

[61 FR 14981, Apr. 4, 1996]



Sec.  64.707  Public dissemination of information by providers
of operator services.

    Providers of operator services shall regularly publish and make 
available at no cost to inquiring consumers written materials that 
describe any recent changes in operator services and in the choices 
available to consumers in that market.

[56 FR 18524, Apr. 23, 1991]



Sec.  64.708  Definitions.

    As used in Sec. Sec.  64.703 through 64.707 of this part and Sec.  
68.318 of this chapter (47 CFR 64.703-64.707, 68.318):
    (a) Access code means a sequence of numbers that, when dialed, 
connect the caller to the provider of operator services associated with 
that sequence;
    (b) Aggregator means any person that, in the ordinary course of its 
operations, makes telephones available to the public or to transient 
users of its premises, for interstate telephone calls using a provider 
of operator services;
    (c) Call splashing means the transfer of a telephone call from one 
provider of operator services to another such provider in such a manner 
that the subsequent provider is unable or unwilling to determine the 
location of the origination of the call and, because of such inability 
or unwillingness, is prevented from billing the call on the basis of 
such location;
    (d) CMRS aggregator means an aggregator that, in the ordinary course 
of its operations, makes telephones available to the public or to 
transient users of its premises for interstate telephone calls using a 
provider of CMRS operator services;
    (e) CMRS operator services means operator services provided by means 
of a commercial mobile radio service as defined in section 20.3 of this 
chapter.
    (f) Consumer means a person initiating any interstate telephone call

[[Page 501]]

using operator services. In collect calling arrangements handled by a 
provider of operator services, the term consumer also includes the party 
on the terminating end of the call. For bill-to-third-party calling 
arrangements handled by a provider of operator services, the term 
consumer also includes the party to be billed for the call if the latter 
is contacted by the operator service provider to secure billing 
approval.
    (g) Equal access has the meaning given that term in Appendix B of 
the Modification of Final Judgment entered by the United States District 
Court on August 24, 1982, in United States v. Western Electric, Civil 
Action No. 82-0192 (D.D.C. 1982), as amended by the Court in its orders 
issued prior to October 17, 1990;
    (h) Equal access code means an access code that allows the public to 
obtain an equal access connection to the carrier associated with that 
code;
    (i) Operator services means any interstate telecommunications 
service initiated from an aggregator location that includes, as a 
component, any automatic or live assistance to a consumer to arrange for 
billing or completion, or both, of an interstate telephone call through 
a method other than:
    (1) Automatic completion with billing to the telephone from which 
the call originated; or
    (2) Completion through an access code used by the consumer, with 
billing to an account previously established with the carrier by the 
consumer;
    (j) Presubscribed provider of operator services means the interstate 
provider of operator services to which the consumer is connected when 
the consumer places a call using a provider of operator services without 
dialing an access code;
    (k) Provider of CMRS operator services means a provider of operator 
services that provides CMRS operator services;
    (l) Provider of operator services means any common carrier that 
provides operator services or any other person determined by the 
Commission to be providing operator services.

[56 FR 18524, Apr. 23, 1991; 56 FR 25721, June 5, 1991, as amended at 61 
FR 14981, Apr. 4, 1996; 63 FR 43041, Aug. 11, 1998; 67 FR 2820, Jan. 22, 
2002]



Sec.  64.709  Informational tariffs.

    (a) Informational tariffs filed pursuant to 47 U.S.C. 226(h)(1)(A) 
shall contain specific rates expressed in dollars and cents for each 
interstate operator service of the carrier and shall also contain 
applicable per call aggregator surcharges or other per-call fees, if 
any, collected from consumers by, or on behalf of, the carrier.
    (b) Per call fees, if any, billed on behalf of aggregators or 
others, shall be specified in informational tariffs in dollars and 
cents.
    (c) In order to remove all doubt as to their proper application, all 
informational tariffs must contain clear and explicit explanatory 
statements regarding the rates, i.e., the tariffed price per unit of 
service, and the regulations governing the offering of service in that 
tariff.
    (d) Informational tariffs shall be accompanied by a cover letter, 
addressed to the Secretary of the Commission, explaining the purpose of 
the filing.
    (1) The original of the cover letter shall be submitted to the 
Secretary without attachments, along with FCC Form 159, and the 
appropriate fee to the address set forth in Sec.  1.1105 of this 
chapter.
    (2) Carriers should file informational tariffs and associated 
documents, such as cover letters and attachments, electronically in 
accordance with Sec. Sec.  61.13 and 61.14 of this chapter.
    (e) Any changes to the tariff shall be submitted under a new cover 
letter with a complete copy of the tariff, including changes.
    (1) Changes to a tariff shall be explained in the cover letter but 
need not be symbolized on the tariff pages.
    (2) Revised tariffs shall be filled pursuant to the procedures 
specified in this section.

[63 FR 11617, Mar. 10, 1998; 63 FR 15316, Mar. 31, 1998, as amended at 
67 FR 2820, Jan. 22, 2002; 73 FR 9031, Feb. 19, 2008; 76 FR 43217, July 
20, 2011]



Sec.  64.710  Operator services for prison inmate phones.

    (a) Each provider of inmate operator services shall:
    (1) Identify itself and disclose, audibly and distinctly to the 
consumer, at no charge and before connecting any

[[Page 502]]

interstate, non-access code operator service call, how to obtain the 
total cost of the call, including any surcharge or premises-imposed-fee. 
The oral disclosure required in this paragraph shall instruct consumers 
that they may obtain applicable rate and surcharge quotations either, at 
the option of the provider of inmate operator services, by dialing no 
more than two digits or by remaining on the line. The phrase ``total 
cost of the call,'' as used in this paragraph, means both the variable 
(duration-based) charges for the call and the total per-call charges, 
exclusive of taxes, that the carrier, or its billing agent, may collect 
from the consumer for the call. Such phrase shall include any per-call 
surcharge imposed by the correctional institution, unless it is subject 
to regulation itself as a common carrier for imposing such surcharges, 
if the contract between the carrier and the correctional institution 
prohibits both resale and the use of pre-paid calling card arrangements.
    (2) Permit the consumer to terminate the telephone call at no charge 
before the call is connected; and
    (3) Disclose immediately to the consumer, upon request and at no 
charge to the consumer--
    (i) The methods by which its rates or charges for the call will be 
collected; and
    (ii) The methods by which complaints concerning such rates, charges 
or collection practices will be resolved.
    (b) As used in this subpart:
    (1) Consumer means the party to be billed for any interstate call 
from an inmate telephone;
    (2) Inmate telephone means a telephone instrument set aside by 
authorities of a prison or other correctional institution for use by 
inmates.
    (3) Inmate operator services means any interstate telecommunications 
service initiated from an inmate telephone that includes, as a 
component, any automatic or live assistance to a consumer to arrange for 
billing or completion, or both, of an interstate telephone call through 
a method other than:
    (i) Automatic completion with billing to the telephone from which 
the call originated; or
    (ii) Completion through an access code used by the consumer, with 
billing to an account previously established with the carrier by the 
consumer;
    (4) Provider of inmate operator services means any common carrier 
that provides outbound interstate operator services from inmate 
telephones.

[63 FR 11617, Mar. 10, 1998, as amended at 67 FR 2820, Jan. 22, 2002]



   Subpart H_Extension of Unsecured Credit for Interstate and Foreign 
        Communications Services to Candidates for Federal Office

    Authority: Secs. 4, 201, 202, 203, 218, 219, 48 Stat. 1066, 1070, 
1077; 47 U.S.C. 154, 201, 202, 203, 218, 219; sec. 401, 86 Stat. 19; 2 
U.S.C. 451.

    Source: 37 FR 9393, May 10, 1972, unless otherwise noted.



Sec.  64.801  Purpose.

    Pursuant to section 401 of the Federal Election Campaign Act of 
1971, Public Law 92-225, these rules prescribe the general terms and 
conditions for the extension of unsecured credit by a communication 
common carrier to a candidate or person on behalf of such candidate for 
Federal office.



Sec.  64.802  Applicability.

    These rules shall apply to each communication common carrier subject 
to the whole or part of the Communications Act of 1934, as amended.



Sec.  64.803  Definitions.

    For the purposes of this subpart:
    (a) Candidate means an individual who seeks nomination for election, 
or election, to Federal office, whether or not such individual is 
elected, and an individual shall be deemed to seek nomination for 
election, or election, if he has (1) taken the action necessary under 
the law of a State to qualify himself for nomination for election, or 
election, to Federal office, or (2) received contributions or made 
expenditures, or has given his consent for any other person to receive 
contributions or make expenditures, with a view to bringing about his 
nomination for election, or election, to such office.

[[Page 503]]

    (b) Election means (1) a general, special, primary, or runoff 
election, (2) a convention or caucus of a political party held to 
nominate a candidate, (3) a primary election held for the selection of 
delegates to a national nominating convention of a political party, and 
(4) a primary election held for the expression of a preference for the 
nomination of persons for election to the office of President.
    (c) Federal office means the office of President or Vice President 
of the United States: or of Senator or Representative in, or Delegate or 
Resident Commissioner to, the Congress of the United States.
    (d) Person means an individual, partnership, committee, association, 
corporation, labor organization, and any other organization or group of 
persons.
    (e) Unsecured credit means the furnishing of service without 
maintaining on a continuing basis advance payment, deposit, or other 
security, that is designed to assure payment of the estimated amount of 
service for each future 2 months period, with revised estimates to be 
made on at least a monthly basis.



Sec.  64.804  Rules governing the extension of unsecured credit to
candidates or persons on behalf of such candidates for Federal 
office for interstate and 
          foreign common carrier communication services.

    (a) There is no obligation upon a carrier to extend unsecured credit 
for interstate and foreign communication services to a candidate or 
person on behalf of such candidate for Federal office. However, if the 
carrier chooses to extend such unsecured credit, it shall comply with 
the requirements set forth in paragraphs (b) through (g) of this 
section.
    (b) If a carrier decides to extend unsecured credit to any candidate 
for Federal office or any person on behalf of such candidate, then 
unsecured credit shall be extended on substantially equal terms and 
conditions to all candidates and all persons on behalf of all candidates 
for the same office, with due regard for differences in the estimated 
quantity of service to be furnished each such candidate or person.

[37 FR 9393, May 10, 1972, as amended at 62 FR 5166, Feb. 4, 1997; 82 FR 
48778, Oct. 20, 2017]



                      Subpart I_Allocation of Costs



Sec.  64.901  Allocation of costs.

    (a) Carriers required to separate their regulated costs from 
nonregulated costs shall use the attributable cost method of cost 
allocation for such purpose.
    (b) In assigning or allocating costs to regulated and nonregulated 
activities, carriers shall follow the principles described herein.
    (1) Tariffed services provided to a nonregulated activity will be 
charged to the nonregulated activity at the tariffed rates and credited 
to the regulated revenue account for that service. Nontariffed services, 
offered pursuant to a section 252(e) agreement, provided to a 
nonregulated activity will be charged to the nonregulated activity at 
the amount set forth in the applicable interconnection agreement 
approved by a state commission pursuant to section 252(e) and credited 
to the regulated revenue account for that service.
    (2) Costs shall be directly assigned to either regulated or 
nonregulated activities whenever possible.
    (3) Costs which cannot be directly assigned to either regulated or 
nonregulated activities will be described as common costs. Common costs 
shall be grouped into homogeneous cost categories designed to facilitate 
the proper allocation of costs between a carrier's regulated and 
nonregulated activities. Each cost category shall be allocated between 
regulated and nonregulated activities in accordance with the following 
hierarchy:
    (i) Whenever possible, common cost categories are to be allocated 
based upon direct analysis of the origin of the cost themselves.
    (ii) When direct analysis is not possible, common cost categories 
shall be allocated based upon an indirect, cost-causative linkage to 
another cost category (or group of cost categories) for which a direct 
assignment or allocation is available.

[[Page 504]]

    (iii) When neither direct nor indirect measures of cost allocation 
can be found, the cost category shall be allocated based upon a general 
allocator computed by using the ratio of all expenses directly assigned 
or attributed to regulated and nonregulated activities.
    (4) The allocation of central office equipment and outside plant 
investment costs between regulated and nonregulated activities shall be 
based upon the relative regulated and nonregulated usage of the 
investment during the calendar year when nonregulated usage is greatest 
in comparison to regulated usage during the three calendar years 
beginning with the calendar year during which the investment usage 
forecast is filed.
    (c) A telecommunications carrier may not use services that are not 
competitive to subsidize services subject to competition. Services 
included in the definition of universal service shall bear no more than 
a reasonable share of the joint and common costs of facilities used to 
provide those services.

[52 FR 6560, Mar. 4, 1987, as amended at 52 FR 39534, Oct. 22, 1987; 54 
FR 49762, Dec. 1, 1989; 62 FR 45588, Aug. 28, 1997; 67 FR 5702, Feb. 6, 
2002]



Sec.  64.902  Transactions with affiliates.

    Except for carriers which employ average schedules in lieu of 
determining their costs, all carriers subject to Sec.  64.901 are also 
subject to the provisions of Sec.  32.27 of this chapter concerning 
transactions with affiliates.

[55 FR 30461, July 26, 1990]



Sec.  64.903  Cost allocation manuals.

    (a) Each incumbent local exchange carrier having annual revenues 
from regulated telecommunications operations that are equal to or above 
the indexed revenue threshold (as defined in Sec.  32.9000 of this 
chapter) except mid-sized incumbent local exchange carriers is required 
to file a cost allocation manual describing how it separates regulated 
from nonregulated costs. The manual shall contain the following 
information regarding the carrier's allocation of costs between 
regulated and nonregulated activities:
    (1) A description of each of the carrier's nonregulated activities;
    (2) A list of all the activities to which the carrier now accords 
incidental accounting treatment and the justification therefor;
    (3) A chart showing all of the carrier's corporate affiliates;
    (4) A statement identifying each affiliate that engages in or will 
engage in transactions with the carrier and describing the nature, terms 
and frequency of each transaction;
    (5) A cost apportionment table showing, for each account containing 
costs incurred in providing regulated services, the cost pools with that 
account, the procedures used to place costs into each cost pool, and the 
method used to apportion the costs within each cost pool between 
regulated and nonregulated activities; and
    (6) A description of the time reporting procedures that the carrier 
uses, including the methods or studies designed to measure and allocate 
non-productive time.
    (b) Each carrier shall ensure that the information contained in its 
cost allocation manual is accurate. Carriers must update their cost 
allocation manuals at least annually, except that changes to the cost 
apportionment table and to the description of time reporting procedures 
must be filed at the time of implementation. Annual cost allocation 
manual updates shall be filed on or before the last working day of each 
calendar year. Proposed changes in the description of time reporting 
procedures, the statement concerning affiliate transactions, and the 
cost apportionment table must be accompanied by a statement quantifying 
the impact of each change on regulated operations. Changes in the 
description of time reporting procedures and the statement concerning 
affiliate transactions must be quantified in $100,000 increments at the 
account level. Changes in cost apportionment tables must be quantified 
in $100,000 increments at the cost pool level. The Chief, Wireline 
Competition Bureau may suspend any such changes for a period not to 
exceed 180 days, and may thereafter allow the change to become effective 
or prescribe a different procedure.

[[Page 505]]

    (c) The Commission may by order require any other communications 
common carrier to file and maintain a cost allocation manual as provided 
in this section.

[57 FR 4375, Feb. 5, 1992, as amended at 59 FR 46358, Sept. 8, 1994; 61 
FR 50246, Sept. 25, 1996; 62 FR 39779, July 24, 1997; 65 FR 16335, Mar. 
28, 2000; 67 FR 5702, Feb. 6, 2002; 67 FR 13229, Mar. 21, 2002]



Sec.  64.904  Independent audits.

    (a) Each carrier required to file a cost allocation manual shall 
elect to either have an attest engagement performed by an independent 
auditor every two years, covering the prior two year period, or have a 
financial audit performed by an independent auditor every two years, 
covering the prior two year period. In either case, the initial 
engagement shall be performed in the calendar year after the carrier is 
first required to file a cost allocation manual.
    (b) The attest engagement shall be an examination engagement and 
shall provide a written communication that expresses an opinion that the 
systems, processes, and procedures applied by the carrier to generate 
the results reported pursuant to Sec.  43.21(e)(2) of this chapter 
comply with the Commission's Joint Cost Orders issued in conjunction 
with CC Docket No. 86-111, the Commission's Accounting Safeguards 
proceeding in CC Docket No. 96-150, and the Commission's rules and 
regulations including Sec. Sec.  32.23 and 32.27 of this chapter, and 
Sec. Sec.  64.901, and 64.903 in force as of the date of the auditor's 
report. At least 30 days prior to beginning the attestation engagement, 
the independent auditors shall provide the Commission with the audit 
program. The attest engagement shall be conducted in accordance with the 
attestation standards established by the American Institute of Certified 
Public Accountants, except as otherwise directed by the Chief, 
Enforcement Bureau.
    (c) The biennial financial audit shall provide a positive opinion on 
whether the applicable date shown in the carrier's annual report 
required by Sec.  43.21(e)(2) of this chapter present fairly, in all 
material respects, the information of the Commission's Joint Cost Orders 
issued in conjunction with CC Docket No. 86-111, the Commission's 
Accounting Safeguards proceeding in CC Docket No. 96-150, and the 
Commission's rules and regulations including Sec. Sec.  32.23 and 32.27 
of this chapter, and Sec. Sec.  64.901, and 64.903 in force as of the 
date of the auditor's report. The audit shall be conducted in accordance 
with generally accepted auditing standards, except as otherwise directed 
by the Chief, Enforcement Bureau. The report of the independent auditor 
shall be filed at the time that the carrier files the annual reports 
required by Sec.  43.21(e)(2) of this chapter.

[67 FR 5702, Feb. 6, 2002, as amended at 67 FR 13229, Mar. 21, 2002]



Sec.  64.905  Annual certification.

    A mid-sized incumbent local exchange carrier, as defined in Sec.  
32.9000 of this chapter, shall file a certification with the Commission 
stating that it is complying with Sec.  64.901. The certification must 
be signed, under oath, by an officer of the mid-sized incumbent LEC, and 
filed with the Commission on an annual basis at the time that the mid-
sized incumbent LEC files the annual reports required by Sec.  
43.21(e)(2) of this chapter.

[67 FR 5702, Feb. 6, 2002]



 Subpart J_Recovery of Investments and Expenses in Regulated Interstate 
                                  Rates

    Source: 83 FR 18965, May 1, 2018, unless otherwise noted.



Sec.  64.1000  Scope.

    This subpart is applicable only to rate-of-return carriers as 
defined in Sec.  54.5 of this chapter receiving Connect America Fund 
Broadband Loop Support as described in Sec.  54.901 of this chapter.



Sec.  64.1001  Purpose.

    This subpart is intended to ensure that only used and useful 
investments and expenses are recovered through regulated interstate 
rates pursuant to section 201(b) of the Communications Act as amended 
(the Act), 47 U.S.C. 201(b).

[[Page 506]]



Sec.  64.1002  Investments and expenses.

    (a) Investment and expenses not used and useful in the ordinary 
course. The following investments and expenses are presumed not used and 
useful (and thus unreasonable):
    (1) Personal expenses, including but not limited to personal 
expenses for food and beverages, housing, such as rent or mortgages, 
vehicles for personal use, and personal travel;
    (2) Tangible property not logically related or necessary to offering 
voice or broadband services;
    (3) Political contributions;
    (4) Membership fees and dues in social, service and recreational, or 
athletic clubs or organizations;
    (5) Penalties or fines for statutory or regulatory violations; and
    (6) Penalties or fees for late payments on debt, loans, or other 
payments.
    (b) Non-customary investments and expenses. Unless customary for 
similarly situated companies, the following investments and expenses are 
presumed not used and useful (and thus unreasonable):
    (1) Personal benefits, such as gifts, housing allowances, and 
childcare, that are not part of taxable compensation;
    (2) Artwork and other objects that possess aesthetic value that are 
displayed in the workplace;
    (3) Aircraft, watercraft, and off-road vehicles used for work and 
work-related purposes;
    (4) Cafeterias and dining facilities;
    (5) Charitable donations;
    (6) Entertainment;
    (7) Food and beverage expenses for work and work-related travel;
    (8) Membership fees and dues associated with professional 
organizations;
    (9) Scholarships; and
    (10) Sponsorships of conferences or community events.



   Subpart K_Changes in Preferred Telecommunications Service Providers



Sec.  64.1100  Definitions.

    (a) The term submitting carrier is generally any telecommunications 
carrier that requests on the behalf of a subscriber that the 
subscriber's telecommunications carrier be changed, and seeks to provide 
retail services to the end user subscriber. A carrier may be treated as 
a submitting carrier, however, if it is responsible for any unreasonable 
delays in the submission of carrier change requests or for the 
submission of unauthorized carrier change requests, including fraudulent 
authorizations.
    (b) The term executing carrier is generally any telecommunications 
carrier that effects a request that a subscriber's telecommunications 
carrier be changed. A carrier may be treated as an executing carrier, 
however, if it is responsible for any unreasonable delays in the 
execution of carrier changes or for the execution of unauthorized 
carrier changes, including fraudulent authorizations.
    (c) The term authorized carrier is generally any telecommunications 
carrier that submits a change, on behalf of a subscriber, in the 
subscriber's selection of a provider of telecommunications service with 
the subscriber's authorization verified in accordance with the 
procedures specified in this part.
    (d) The term unauthorized carrier is generally any 
telecommunications carrier that submits a change, on behalf of a 
subscriber, in the subscriber's selection of a provider of 
telecommunications service but fails to obtain the subscriber's 
authorization verified in accordance with the procedures specified in 
this part.
    (e) The term unauthorized change is a change in a subscriber's 
selection of a provider of telecommunications service that was made 
without authorization verified in accordance with the verification 
procedures specified in this part.
    (f) The term state commission shall include any state entity with 
the state-designated authority to resolve the complaints of such state's 
residents arising out of an allegation that an unauthorized change of a 
telecommunication service provider has occurred that has elected, in 
accordance with the requirements of Sec.  64.1110(a), to administer the 
Federal Communications Commission's slamming rules and remedies, as 
enumerated in Sec. Sec.  64.1100 through 64.1190.

[[Page 507]]

    (g) The term relevant governmental agency shall be the state 
commission if the complainant files a complaint with the state 
commission or if the complaint is forwarded to the state commission by 
the Federal Communications Commission, and the Federal Communications 
Commission if the complainant files a complaint with the Federal 
Communications Commission, and the complaint is not forwarded to a state 
commission.
    (h) The term subscriber is any one of the following:
    (1) The party identified in the account records of a common carrier 
as responsible for payment of the telephone bill;
    (2) Any adult person authorized by such party to change 
telecommunications services or to charge services to the account; or
    (3) Any person contractually or otherwise lawfully authorized to 
represent such party.

[65 FR 47690, Aug. 3, 2000, as amended at 66 FR 12892, Mar. 1, 2001]



Sec.  64.1110  State notification of election to administer FCC rules.

    (a) Initial Notification. State notification of an intention to 
administer the Federal Communications Commission's unauthorized carrier 
change rules and remedies, as enumerated in Sec. Sec.  64.1100 through 
64.1190, shall be filed with the Commission Secretary in CC Docket No. 
94-129 with a copy of such notification provided to the Consumer & 
Governmental Affairs Bureau Chief. Such notification shall contain, at a 
minimum, information on where consumers should file complaints, the type 
of documentation, if any, that must accompany a complaint, and the 
procedures the state will use to adjudicate complaints.
    (b) Withdrawal of Notification. State notification of an intention 
to discontinue administering the Federal Communications Commission's 
unauthorized carrier change rules and remedies, as enumerated in 
Sec. Sec.  64.1100 through 64.1190, shall be filed with the Commission 
Secretary in CC Docket No. 94-129 with a copy of such amended 
notification provided to the Consumer & Governmental Affairs Bureau 
Chief. Such discontinuance shall become effective 60 days after the 
Commission's receipt of the state's letter.

[65 FR 47691, Aug. 3, 2000, as amended at 73 FR 13149, Mar. 12, 2008]



Sec.  64.1120  Verification of orders for telecommunications service.

    (a) No telecommunications carrier shall submit or execute a change 
on the behalf of a subscriber in the subscriber's selection of a 
provider of telecommunications service except in accordance with the 
procedures prescribed in this subpart. Nothing in this section shall 
preclude any State commission from enforcing these procedures with 
respect to intrastate services.
    (1) No submitting carrier shall submit a change on the behalf of a 
subscriber in the subscriber's selection of a provider of 
telecommunications service prior to obtaining:
    (i) Authorization from the subscriber, subject to the following:
    (A) Material misrepresentation on the sales call is prohibited. Upon 
a consumer's credible allegation of a sales call misrepresentation, the 
burden of proof shifts to the carrier making the sales call to provide 
persuasive evidence to rebut the claim. Upon a finding that such a 
material misrepresentation has occurred on a sales call, the 
subscriber's authorization to switch carriers will be deemed invalid.
    (B) [Reserved]
    (ii) Verification of that authorization in accordance with the 
procedures prescribed in this section. The submitting carrier shall 
maintain and preserve records of verification of subscriber 
authorization for a minimum period of two years after obtaining such 
verification.
    (2) An executing carrier shall not verify the submission of a change 
in a subscriber's selection of a provider of telecommunications service 
received from a submitting carrier. For an executing carrier, compliance 
with the procedures described in this part shall be defined as prompt 
execution, without any unreasonable delay, of changes that have been 
verified by a submitting carrier.
    (3) Commercial mobile radio services (CMRS) providers shall be 
excluded from the verification requirements of

[[Page 508]]

this part as long as they are not required to provide equal access to 
common carriers for the provision of telephone toll services, in 
accordance with 47 U.S.C. 332(c)(8).
    (b) Any telecommunications carrier that becomes the subject of a 
Commission forfeiture action through a violation of the third-party 
verification process set forth in paragraph (c)(3) of this section will 
be suspended for a five-year period from utilizing the third-party 
verification process to confirm a carrier change.
    (c) No telecommunications carrier shall submit a preferred carrier 
change order unless and until the order has been confirmed in accordance 
with one of the following procedures:
    (1) The telecommunications carrier has obtained the subscriber's 
written or electronically signed authorization in a form that meets the 
requirements of Sec.  64.1130; or
    (2) The telecommunications carrier has obtained the subscriber's 
electronic authorization to submit the preferred carrier change order. 
Such authorization must be placed from the telephone number(s) on which 
the preferred carrier is to be changed and must confirm the information 
in paragraph (a)(1) of this section. Telecommunications carriers 
electing to confirm sales electronically shall establish one or more 
toll-free telephone numbers exclusively for that purpose. Calls to the 
number(s) will connect a subscriber to a voice response unit, or similar 
mechanism, that records the required information regarding the preferred 
carrier change, including automatically recording the originating 
automatic number identification; or
    (3) An appropriately qualified independent third party has obtained, 
in accordance with the procedures set forth in paragraphs (c)(3)(i) 
through (c)(3)(iv) of this section, the subscriber's oral authorization 
to submit the preferred carrier change order that confirms and includes 
appropriate verification data (e.g., the subscriber's date of birth or 
social security number). The independent third party must not be owned, 
managed, controlled, or directed by the carrier or the carrier's 
marketing agent; must not have any financial incentive to confirm 
preferred carrier change orders for the carrier or the carrier's 
marketing agent; and must operate in a location physically separate from 
the carrier or the carrier's marketing agent.
    (i) Methods of third party verification. Automated third party 
verification systems and three-way conference calls may be used for 
verification purposes so long as the requirements of paragraphs 
(c)(3)(ii) through (c)(3)(iv) of this section are satisfied.
    (ii) Carrier initiation of third party verification. A carrier or a 
carrier's sales representative initiating a three-way conference call or 
a call through an automated verification system must drop off the call 
once the three-way connection has been established.
    (iii) Requirements for content and format of third party 
verification. Any description of the carrier change transaction by a 
third party verifier must not be misleading, and all third party 
verification methods shall elicit, at a minimum: The date of the 
verification; the identity of the subscriber; confirmation that the 
person on the call is authorized to make the carrier change; 
confirmation that the person on the call wants to make the carrier 
change; confirmation that the person on the call understands that a 
carrier change, not an upgrade to existing service, bill consolidation, 
or any other misleading description of the transaction, is being 
authorized; the names of the carriers affected by the change (not 
including the name of the displaced carrier); the telephone numbers to 
be switched; and the types of service involved (including a brief 
description of a service about which the subscriber demonstrates 
confusion regarding the nature of that service). Except in Hawaii, any 
description of interLATA or long distance service shall convey that it 
encompasses both international and state-to-state calls, as well as some 
intrastate calls where applicable. If the subscriber has additional 
questions for the carrier's sales representative during the 
verification, the verifier shall indicate to the subscriber that, upon 
completion of the verification process, the subscriber will have 
authorized a carrier change. Third party verifiers may not market the 
carrier's services by

[[Page 509]]

providing additional information, including information regarding 
preferred carrier freeze procedures.
    (iv) Other requirements for third party verification. All third 
party verifications shall be conducted in the same language that was 
used in the underlying sales transaction and shall be recorded in their 
entirety. In accordance with the procedures set forth in 
64.1120(a)(1)(ii), submitting carriers shall maintain and preserve audio 
records of verification of subscriber authorization for a minimum period 
of two years after obtaining such verification. Automated systems must 
provide consumers with an option to speak with a live person at any time 
during the call.
    (4) Any State-enacted verification procedures applicable to 
intrastate preferred carrier change orders only.
    (d) Telecommunications carriers must provide subscribers the option 
of using one of the authorization and verification procedures specified 
in Sec.  64.1120(c) in addition to an electronically signed 
authorization and verification procedure under 64.1120(c)(1).
    (e) A telecommunications carrier may acquire, through a sale or 
transfer, either part or all of another telecommunica- tions carrier's 
subscriber base without obtaining each subscriber's authorization and 
verification in accordance with Sec.  64.1120(c), provided that the 
acquiring carrier complies with the following streamlined procedures. A 
telecommunications carrier may not use these streamlined procedures for 
any fraudulent purpose, including any attempt to avoid liability for 
violations under part 64, subpart K of the Commission rules.
    (1) No later than 30 days before the planned transfer of the 
affected subscribers from the selling or transferring carrier to the 
acquiring carrier, the acquiring carrier shall file with the 
Commission's Office of the Secretary a letter notification in CC Docket 
No. 00-257 providing the names of the parties to the transaction, the 
types of telecommunications services to be provided to the affected 
subscribers, and the date of the transfer of the subscriber base to the 
acquiring carrier. In the letter notification, the acquiring carrier 
also shall certify compliance with the requirement to provide advance 
subscriber notice in accordance with Sec.  64.1120(e)(3), with the 
obligations specified in that notice, and with other statutory and 
Commission requirements that apply to this streamlined process. In 
addition, the acquiring carrier shall attach a copy of the notice sent 
to the affected subscribers.
    (2) If, subsequent to the filing of the letter notification with the 
Commission required by Sec.  64.1120(e)(1), any material changes to the 
required information should develop, the acquiring carrier shall file 
written notification of these changes with the Commission no more than 
10 days after the transfer date announced in the prior notification. The 
Commission reserves the right to require the acquiring carrier to send 
an additional notice to the affected subscribers regarding such material 
changes.
    (3) Not later than 30 days before the transfer of the affected 
subscribers from the selling or transferring carrier to the acquiring 
carrier, the acquiring carrier shall provide written notice to each 
affected subscriber of the information specified. The acquiring carrier 
is required to fulfill the obligations set forth in the advance 
subscriber notice. The advance subscriber notice shall be provided in a 
manner consistent with 47 U.S.C. 255 and the Commission's rules 
regarding accessibility to blind and visually-impaired consumers, 47 CFR 
6.3, 6.5 of this chapter. The following information must be included in 
the advance subscriber notice:
    (i) The date on which the acquiring carrier will become the 
subscriber's new provider of telecommunications service,
    (ii) The rates, terms, and conditions of the service(s) to be 
provided by the acquiring carrier upon the subscriber's transfer to the 
acquiring carrier, and the means by which the acquiring carrier will 
notify the subscriber of any change(s) to these rates, terms, and 
conditions.
    (iii) The acquiring carrier will be responsible for any carrier 
change charges associated with the transfer, except where the carrier is 
acquiring customers by default, other than

[[Page 510]]

through bankruptcy, and state law requires the exiting carrier to pay 
these costs;
    (iv) The subscriber's right to select a different preferred carrier 
for the telecommunications service(s) at issue, if an alternative 
carrier is available,
    (v) All subscribers receiving the notice, even those who have 
arranged preferred carrier freezes through their local service providers 
on the service(s) involved in the transfer, will be transferred to the 
acquiring carrier, unless they have selected a different carrier before 
the transfer date; existing preferred carrier freezes on the service(s) 
involved in the transfer will be lifted; and the subscribers must 
contact their local service providers to arrange a new freeze.
    (vi) Whether the acquiring carrier will be responsible for handling 
any complaints filed, or otherwise raised, prior to or during the 
transfer against the selling or transferring carrier, and
    (vii) The toll-free customer service telephone number of the 
acquiring carrier.

[65 FR 47691, Aug. 3, 2000, as amended at 66 FR 12892, Mar. 1, 2001; 66 
FR 28124, May 22, 2001; 68 FR 19159, Apr. 18, 2003; 70 FR 12611, Mar. 
15, 2005; 73 FR 13149, Mar. 12, 2008; 83 FR 33143, July 17, 2018]



Sec.  64.1130  Letter of agency form and content.

    (a) A telecommunications carrier may use a written or electronically 
signed letter of agency to obtain authorization and/or verification of a 
subscriber's request to change his or her preferred carrier selection. A 
letter of agency that does not conform with this section is invalid for 
purposes of this part.
    (b) The letter of agency shall be a separate document (or an easily 
separable document) or located on a separate screen or webpage 
containing only the authorizing language described in paragraph (e) of 
this section having the sole purpose of authorizing a telecommunications 
carrier to initiate a preferred carrier change. The letter of agency 
must be signed and dated by the subscriber to the telephone line(s) 
requesting the preferred carrier change.
    (c) The letter of agency shall not be combined on the same document, 
screen, or webpage with inducements of any kind.
    (d) Notwithstanding paragraphs (b) and (c) of this section, the 
letter of agency may be combined with checks that contain only the 
required letter of agency language as prescribed in paragraph (e) of 
this section and the necessary information to make the check a 
negotiable instrument. The letter of agency check shall not contain any 
promotional language or material. The letter of agency check shall 
contain in easily readable, bold-face type on the front of the check, a 
notice that the subscriber is authorizing a preferred carrier change by 
signing the check. The letter of agency language shall be placed near 
the signature line on the back of the check.
    (e) At a minimum, the letter of agency must be printed with a type 
of sufficient size and readable type to be clearly legible and must 
contain clear and unambiguous language that confirms:
    (1) The subscriber's billing name and address and each telephone 
number to be covered by the preferred carrier change order;
    (2) The decision to change the preferred carrier from the current 
telecommunications carrier to the soliciting telecommunications carrier;
    (3) That the subscriber designates [insert the name of the 
submitting carrier] to act as the subscriber's agent for the preferred 
carrier change;
    (4) That the subscriber understands that only one telecommunications 
carrier may be designated as the subscriber's interstate or interLATA 
preferred interexchange carrier for any one telephone number. To the 
extent that a jurisdiction allows the selection of additional preferred 
carriers (e.g., local exchange, intraLATA toll, interLATA toll, or 
international interexchange), the letter of agency must contain separate 
statements regarding those choices, although a separate letter of agency 
for each choice is not necessary; and
    (5) That the subscriber may consult with the carrier as to whether a 
fee will apply to the change in the subscriber's preferred carrier.

[[Page 511]]

    (f) Any carrier designated in a letter of agency as a preferred 
carrier must be the carrier directly setting the rates for the 
subscriber.
    (g) Letters of agency shall not suggest or require that a subscriber 
take some action in order to retain the subscriber's current 
telecommunications carrier.
    (h) If any portion of a letter of agency is translated into another 
language then all portions of the letter of agency must be translated 
into that language. Every letter of agency must be translated into the 
same language as any promotional materials, oral descriptions or 
instructions provided with the letter of agency.
    (i) Letters of agency submitted with an electronically signed 
authorization must include the consumer disclosures required by Section 
101(c) of the Electronic Signatures in Global and National Commerce Act.
    (j) A telecommunications carrier shall submit a preferred carrier 
change order on behalf of a subscriber within no more than 60 days of 
obtaining a written or electronically signed letter of agency. However, 
letters of agency for multi-line and/or multi-location business 
customers that have entered into negotiated agreements with carriers to 
add presubscribed lines to their business locations during the course of 
a term agreement shall be valid for the period specified in the term 
agreement.

[64 FR 7760, Feb. 16, 1999. Redesignated at 65 FR 47692, Aug. 3, 2000, 
as amended at 66 FR 12893, Mar. 1, 2001; 66 FR 16151, Mar. 23, 2001; 68 
FR 19159, Apr. 18, 2003; 73 FR 13149, Mar. 12, 2008]



Sec.  64.1140  Carrier liability for slamming.

    (a) Carrier Liability for Charges. Any submitting telecommunications 
carrier that fails to comply with the procedures prescribed in this part 
shall be liable to the subscriber's properly authorized carrier in an 
amount equal to 150% of all charges paid to the submitting 
telecommunications carrier by such subscriber after such violation, as 
well as for additional amounts as prescribed in Sec.  64.1170. The 
remedies provided in this part are in addition to any other remedies 
available by law.
    (b) Subscriber Liability for Charges. Any subscriber whose selection 
of telecommunications services provider is changed without authorization 
verified in accordance with the procedures set for in this part is 
liable for charges as follows:
    (1) If the subscriber has not already paid charges to the 
unauthorized carrier, the subscriber is absolved of liability for 
charges imposed by the unauthorized carrier for service provided during 
the first 30 days after the unauthorized change. Upon being informed by 
a subscriber that an unauthorized change has occurred, the authorized 
carrier, the unauthorized carrier, or the executing carrier shall inform 
the subscriber of this 30-day absolution period. Any charges imposed by 
the unauthorized carrier on the subscriber for service provided after 
this 30-day period shall be paid by the subscriber to the authorized 
carrier at the rates the subscriber was paying to the authorized carrier 
at the time of the unauthorized change in accordance with the provisions 
of Sec.  64.1160(e).
    (2) If the subscriber has already paid charges to the unauthorized 
carrier, and the authorized carrier receives payment from the 
unauthorized carrier as provided for in paragraph (a) of this section, 
the authorized carrier shall refund or credit to the subscriber any 
amounts determined in accordance with the provisions of Sec.  
64.1170(c).
    (3) If the subscriber has been absolved of liability as prescribed 
by this section, the unauthorized carrier shall also be liable to the 
subscriber for any charge required to return the subscriber to his or 
her properly authorized carrier, if applicable.

[65 FR 47691, Aug. 3, 2000]



Sec.  64.1150  Procedures for resolution of unauthorized changes in preferred carrier.

    (a) Notification of alleged unauthorized carrier change. Executing 
carriers who are informed of an unauthorized carrier change by a 
subscriber must immediately notify both the authorized and allegedly 
unauthorized carrier of the incident. This notification must include the 
identity of both carriers.

[[Page 512]]

    (b) Referral of complaint. Any carrier, executing, authorized, or 
allegedly unauthorized, that is informed by a subscriber or an executing 
carrier of an unauthorized carrier change shall direct that subscriber 
either to the state commission or, where the state commission has not 
opted to administer these rules, to the Federal Communications 
Commission's Consumer & Governmental Affairs Bureau, for resolution of 
the complaint. Carriers shall also inform the subscriber that he or she 
may contact and seek resolution from the alleged unauthorized carrier 
and, in addition, may contact the authorized carrier.
    (c) Notification of receipt of complaint. Upon receipt of an 
unauthorized carrier change complaint, the relevant governmental agency 
will notify the allegedly unauthorized carrier of the complaint and 
order that the carrier remove all unpaid charges for the first 30 days 
after the slam from the subscriber's bill pending a determination of 
whether an unauthorized change, as defined by Sec.  64.1100(e), has 
occurred, if it has not already done so.
    (d) Proof of verification. Not more than 30 days after notification 
of the complaint, or such lesser time as is required by the state 
commission if a matter is brought before a state commission, the alleged 
unauthorized carrier shall provide to the relevant government agency a 
copy of any valid proof of verification of the carrier change. This 
proof of verification must contain clear and convincing evidence of a 
valid authorized carrier change, as that term is defined in Sec. Sec.  
64.1120 through 64.1130. The relevant governmental agency will determine 
whether an unauthorized change, as defined by Sec.  64.1100(e), has 
occurred using such proof and any evidence supplied by the subscriber. 
Failure by the carrier to respond or provide proof of verification will 
be presumed to be clear and convincing evidence of a violation.
    (e) Election of forum. The Federal Communications Commission will 
not adjudicate a complaint filed pursuant to Sec.  1.719 or Sec. Sec.  
1.720 through 1.736 of this chapter, involving an alleged unauthorized 
change, as defined by Sec.  64.1100(e), while a complaint based on the 
same set of facts is pending with a state commission.

[65 FR 47692, Aug. 3, 2000, as amended at 68 FR 19159, Apr. 18, 2003; 73 
FR 13149, Mar. 12, 2008]



Sec.  64.1160  Absolution procedures where the subscriber has not paid charges.

    (a) This section shall only apply after a subscriber has determined 
that an unauthorized change, as defined by Sec.  64.1100(e), has 
occurred and the subscriber has not paid charges to the allegedly 
unauthorized carrier for service provided for 30 days, or a portion 
thereof, after the unauthorized change occurred.
    (b) An allegedly unauthorized carrier shall remove all charges 
incurred for service provided during the first 30 days after the alleged 
unauthorized change occurred, as defined by Sec.  64.1100(e), from a 
subscriber's bill upon notification that such unauthorized change is 
alleged to have occurred.
    (c) An allegedly unauthorized carrier may challenge a subscriber's 
allegation that an unauthorized change, as defined by Sec.  64.1100(e), 
occurred. An allegedly unauthorized carrier choosing to challenge such 
allegation shall immediately notify the complaining subscriber that: The 
complaining subscriber must file a complaint with a State commission 
that has opted to administer the FCC's rules, pursuant to Sec.  64.1110, 
or the FCC within 30 days of either the date of removal of charges from 
the complaining subscriber's bill in accordance with paragraph (b) of 
this section, or the date the allegedly unauthorized carrier notifies 
the complaining subscriber of the requirements of this paragraph, 
whichever is later; and a failure to file such a complaint within this 
30-day time period will result in the charges removed pursuant to 
paragraph (b) of this section being reinstated on the subscriber's bill 
and, consequently, the complaining subscriber will only be entitled to 
remedies for the alleged unauthorized change other than those provided 
for in Sec.  64.1140(b)(1). No allegedly unauthorized carrier shall 
reinstate charges to a subscriber's bill pursuant to the provisions of 
this paragraph without first

[[Page 513]]

providing such subscriber with a reasonable opportunity to demonstrate 
that the requisite complaint was timely filed within the 30-day period 
described in this paragraph.
    (d) If the relevant governmental agency determines after reasonable 
investigation that an unauthorized change, as defined by Sec.  
64.1100(e), has occurred, an order shall be issued providing that the 
subscriber is entitled to absolution from the charges incurred during 
the first 30 days after the unauthorized carrier change occurred, and 
neither the authorized or unauthorized carrier may pursue any collection 
against the subscriber for those charges.
    (e) The Federal Communications Commission will not adjudicate a 
complaint filed pursuant to Sec. Sec.  1.719 or Sec. Sec.  1.720-1.740 
of this chapter, involving an alleged unauthorized change, as defined by 
Sec.  64.1100(e), while a complaint based on the same set of facts is 
pending with a state commission.
    (f) If the unauthorized carrier received payment from the subscriber 
for services provided after the first 30 days after the unauthorized 
change occurred, the obligations for payments and refunds provided for 
in Sec.  64.1170 shall apply to those payments. If the relevant 
governmental agency determines after reasonable investigation that the 
carrier change was authorized, the carrier may re-bill the subscriber 
for charges incurred.
    (g) When a LEC has assigned a subscriber to a carrier without 
authorization, and where the subscriber has not paid the unauthorized 
charges, the LEC shall switch the subscriber to the desired carrier at 
no cost to the subscriber, and shall also secure the removal of the 
unauthorized charges from the subscriber's bill in accordance with the 
procedures specified in paragraphs (a) through (f) of this section.

[65 FR 47692, Aug. 3, 2000, as amended at 68 FR 19159, Apr. 18, 2003; 73 
FR 13149, Mar. 12, 2008; 83 FR 44843, Sept. 4, 2018]



Sec.  64.1170  Reimbursement procedures where the subscriber has paid charges.

    (a) The procedures in this section shall only apply after a 
subscriber has determined that an unauthorized change, as defined by 
Sec.  64.1100(e), has occurred and the subscriber has paid charges to an 
allegedly unauthorized carrier.
    (b) If the relevant governmental agency determines after reasonable 
investigation that an unauthorized change, as defined by Sec.  
64.1100(e), has occurred, it shall issue an order directing the 
unauthorized carrier to forward to the authorized carrier the following, 
in addition to any appropriate state remedies:
    (1) An amount equal to 150% of all charges paid by the subscriber to 
the unauthorized carrier; and
    (2) Copies of any telephone bills issued from the unauthorized 
carrier to the subscriber. This order shall be sent to the subscriber, 
the unauthorized carrier, and the authorized carrier.
    (c) Within ten days of receipt of the amount provided for in 
paragraph (b)(1) of this section, the authorized carrier shall provide a 
refund or credit to the subscriber in the amount of 50% of all charges 
paid by the subscriber to the unauthorized carrier. The subscriber has 
the option of asking the authorized carrier to re-rate the unauthorized 
carrier's charges based on the rates of the authorized carrier and, on 
behalf of the subscriber, seek an additional refund from the 
unauthorized carrier, to the extent that the re-rated amount exceeds the 
50% of all charges paid by the subscriber to the unauthorized carrier. 
The authorized carrier shall also send notice to the relevant 
governmental agency that it has given a refund or credit to the 
subscriber.
    (d) If an authorized carrier incurs billing and collection expenses 
in collecting charges from the unauthorized carrier, the unauthorized 
carrier shall reimburse the authorized carrier for reasonable expenses.
    (e) If the authorized carrier has not received payment from the 
unauthorized carrier as required by paragraph (c) of this section, the 
authorized carrier is not required to provide any refund or credit to 
the subscriber. The authorized carrier must, within 45 days of receiving 
an order as described in paragraph (b) of this section, inform the 
subscriber and the relevant governmental agency that issued the order if 
the unauthorized carrier has failed to

[[Page 514]]

forward to it the appropriate charges, and also inform the subscriber of 
his or her right to pursue a claim against the unauthorized carrier for 
a refund of all charges paid to the unauthorized carrier.
    (f) Where possible, the properly authorized carrier must reinstate 
the subscriber in any premium program in which that subscriber was 
enrolled prior to the unauthorized change, if the subscriber's 
participation in that program was terminated because of the unauthorized 
change. If the subscriber has paid charges to the unauthorized carrier, 
the properly authorized carrier shall also provide or restore to the 
subscriber any premiums to which the subscriber would have been entitled 
had the unauthorized change not occurred. The authorized carrier must 
comply with the requirements of this section regardless of whether it is 
able to recover from the unauthorized carrier any charges that were paid 
by the subscriber.
    (g) When a LEC has assigned a subscriber to a non-affiliated carrier 
without authorization, and when a subscriber has paid the non-affiliated 
carrier the charges for the billed service, the LEC shall reimburse the 
subscriber for all charges paid by the subscriber to the unauthorized 
carrier and shall switch the subscriber to the desired carrier at no 
cost to the subscriber. When a LEC makes an unauthorized carrier change 
to an affiliated carrier, and when the customer has paid the charges, 
the LEC must pay to the authorized carrier 150% of the amounts collected 
from the subscriber in accordance with paragraphs (a) through (f) of 
this section.

[65 FR 47693, Aug. 3, 2000, as amended at 68 FR 19159, Apr. 18, 2003]



Sec.  64.1190  Preferred carrier freezes.

    (a) A preferred carrier freeze (or freeze) prevents a change in a 
subscriber's preferred carrier selection unless the subscriber gives the 
carrier from whom the freeze was requested his or her express consent. 
All local exchange carriers who offer preferred carrier freezes must 
comply with the provisions of this section.
    (b) All local exchange carriers who offer preferred carrier freezes 
shall offer freezes on a nondiscriminatory basis to all subscribers, 
regardless of the subscriber's carrier selections.
    (c) Preferred carrier freeze procedures, including any solicitation, 
must clearly distinguish among telecommunications services (e.g., local 
exchange, intraLATA toll, and interLATA toll) subject to a preferred 
carrier freeze. The carrier offering the freeze must obtain separate 
authorization for each service for which a preferred carrier freeze is 
requested.
    (d) Solicitation and imposition of preferred carrier freezes. (1) 
All carrier-provided solicitation and other materials regarding 
preferred carrier freezes must include:
    (i) An explanation, in clear and neutral language, of what a 
preferred carrier freeze is and what services may be subject to a 
freeze;
    (ii) A description of the specific procedures necessary to lift a 
preferred carrier freeze; an explanation that these steps are in 
addition to the Commission's verification rules in Sec. Sec.  64.1120 
and 64.1130 for changing a subscriber's preferred carrier selections; 
and an explanation that the subscriber will be unable to make a change 
in carrier selection unless he or she lifts the freeze.
    (iii) An explanation of any charges associated with the preferred 
carrier freeze.
    (2) No local exchange carrier shall implement a preferred carrier 
freeze unless the subscriber's request to impose a freeze has first been 
confirmed in accordance with one of the following procedures:
    (i) The local exchange carrier has obtained the subscriber's written 
or electronically signed authorization in a form that meets the 
requirements of Sec.  64.1190(d)(3); or
    (ii) The local exchange carrier has obtained the subscriber's 
electronic authorization, placed from the telephone number(s) on which 
the preferred carrier freeze is to be imposed, to impose a preferred 
carrier freeze. The electronic authorization should confirm appropriate 
verification data (e.g., the subscriber's date of birth or social 
security number) and the information required in Sec. Sec.  
64.1190(d)(3)(ii)(A) through (D). Telecommunications carriers electing 
to confirm preferred carrier

[[Page 515]]

freeze orders electronically shall establish one or more toll-free 
telephone numbers exclusively for that purpose. Calls to the number(s) 
will connect a subscriber to a voice response unit, or similar mechanism 
that records the required information regarding the preferred carrier 
freeze request, including automatically recording the originating 
automatic numbering identification; or
    (iii) An appropriately qualified independent third party has 
obtained the subscriber's oral authorization to submit the preferred 
carrier freeze and confirmed the appropriate verification data (e.g., 
the subscriber's date of birth or social security number) and the 
information required in Sec.  64.1190(d)(3)(ii)(A) through (D). The 
independent third party must not be owned, managed, or directly 
controlled by the carrier or the carrier's marketing agent; must not 
have any financial incentive to confirm preferred carrier freeze 
requests for the carrier or the carrier's marketing agent; and must 
operate in a location physically separate from the carrier or the 
carrier's marketing agent. The content of the verification must include 
clear and conspicuous confirmation that the subscriber has authorized a 
preferred carrier freeze.
    (3) Written authorization to impose a preferred carrier freeze. A 
local exchange carrier may accept a subscriber's written and signed 
authorization to impose a freeze on his or her preferred carrier 
selection. Written authorization that does not conform with this section 
is invalid and may not be used to impose a preferred carrier freeze.
    (i) The written authorization shall comply with Sec. Sec.  
64.1130(b), (c), and (h) of the Commission's rules concerning the form 
and content for letters of agency.
    (ii) At a minimum, the written authorization must be printed with a 
readable type of sufficient size to be clearly legible and must contain 
clear and unambiguous language that confirms:
    (A) The subscriber's billing name and address and the telephone 
number(s) to be covered by the preferred carrier freeze;
    (B) The decision to place a preferred carrier freeze on the 
telephone number(s) and particular service(s). To the extent that a 
jurisdiction allows the imposition of preferred carrier freezes on 
additional preferred carrier selections (e.g., for local exchange, 
intraLATA toll, and interLATA toll), the authorization must contain 
separate statements regarding the particular selections to be frozen;
    (C) That the subscriber understands that she or he will be unable to 
make a change in carrier selection unless she or he lifts the preferred 
carrier freeze; and
    (D) That the subscriber understands that any preferred carrier 
freeze may involve a charge to the subscriber.
    (e) Procedures for lifting preferred carrier freezes. All local 
exchange carriers who offer preferred carrier freezes must, at a 
minimum, offer subscribers the following procedures for lifting a 
preferred carrier freeze:
    (1) A local exchange carrier administering a preferred carrier 
freeze must accept a subscriber's written or electronically signed 
authorization stating his or her intent to lift a preferred carrier 
freeze; and
    (2) A local exchange carrier administering a preferred carrier 
freeze must accept a subscriber's oral authorization stating her or his 
intent to lift a preferred carrier freeze and must offer a mechanism 
that allows a submitting carrier to conduct a three-way conference call 
with the carrier administering the freeze and the subscriber in order to 
lift a freeze. When engaged in oral authorization to lift a preferred 
carrier freeze, the carrier administering the freeze shall confirm 
appropriate verification data (e.g., the subscriber's date of birth or 
social security number) and the subscriber's intent to lift the 
particular freeze.

[64 FR 7762, Feb. 16, 1999, as amended at 66 FR 12893, Mar. 1, 2001; 73 
FR 13150, Mar. 12, 2008]



Sec.  64.1195  Registration requirement.

    (a) Applicability. A telecommunications carrier that will provide 
interstate telecommunications service shall file the registration 
information described in paragraph (b) of this section in accordance 
with the procedures described in paragraphs (c) and (g) of this

[[Page 516]]

section. Any telecommunications carrier already providing interstate 
telecommunications service on the effective date of these rules shall 
submit the relevant portion of its FCC Form 499-A in accordance with 
paragraphs (b) and (c) of this section.
    (b) Information required for purposes of part 64. A 
telecommunications carrier that is subject to the registration 
requirement pursuant to paragraph (a) of this section shall provide the 
following information:
    (1) The carrier's business name(s) and primary address;
    (2) The names and business addresses of the carrier's chief 
executive officer, chairperson, and president, or, in the event that a 
company does not have such executives, three similarly senior-level 
officials of the company;
    (3) The carrier's regulatory contact and/or designated agent;
    (4) All names that the carrier has used in the past; and
    (5) The state(s) in which the carrier provides telecommunications 
service.
    (c) Submission of registration. A carrier that is subject to the 
registration requirement pursuant to paragraph (a) of this section shall 
submit the information described in paragraph (b) of this section in 
accordance with the Instructions to FCC Form 499-A. FCC Form 499-A must 
be submitted under oath and penalty of perjury.
    (d) Rejection of registration. The Commission may reject or suspend 
a carrier's registration for any of the reasons identified in paragraphs 
(e) or (f) of this section.
    (e) Revocation or suspension of operating authority. After notice 
and opportunity to respond, the Commission may revoke or suspend the 
authorization of a carrier to provide service if the carrier provides 
materially false or incomplete information in its FCC Form 499-A or 
otherwise fails to comply with paragraphs (a), (b), and (c) of this 
section.
    (f) Imposition of fine. After notice and opportunity to respond, the 
Commission may impose a fine on a carrier that is subject to the 
registration requirement pursuant to paragraph (a) of this section if 
that carrier fails to submit an FCC Form 499-A in accordance with 
paragraphs (a), (b), and (c) of this section.
    (g) Changes in information. A carrier must notify the Commission of 
any changes to the information provided pursuant to paragraph (b) of 
this section within no more than one week of the change. Carriers may 
satisfy this requirement by filing the relevant portion of FCC Form 499-
A in accordance with the Instructions to such form.
    (h) Duty to confirm registration of other carriers. The Commission 
shall make available to the public a comprehensive listing of 
registrants and the information that they have provided pursuant to 
paragraph (b) of this section. A telecommunications carrier providing 
telecommunications service for resale shall have an affirmative duty to 
ascertain whether a potential carrier-customer (i.e., reseller) that is 
subject to the registration requirement pursuant to paragraph (a) of 
this section has filed an FCC Form 499-A with the Commission prior to 
offering service to that carrier-customer. After notice and opportunity 
to respond, the Commission may impose a fine on a carrier for failure to 
confirm the registration status of a potential carrier-customer before 
providing that carrier-customer with service.

[66 FR 12894, Mar. 1, 2001, as amended at 88 FR 21445, Apr. 10, 2023]



  Subpart L_Restrictions on Telemarketing, Telephone Solicitation, and 
                          Facsimile Advertising



Sec.  64.1200  Delivery restrictions.

    (a) No person or entity may:
    (1) Except as provided in paragraph (a)(2) of this section, initiate 
any telephone call (other than a call made for emergency purposes or is 
made with the prior express consent of the called party) using an 
automatic telephone dialing system or an artificial or prerecorded 
voice;
    (i) To any emergency telephone line, including any 911 line and any 
emergency line of a hospital, medical physician or service office, 
health care facility, poison control center, or fire protection or law 
enforcement agency;

[[Page 517]]

    (ii) To the telephone line of any guest room or patient room of a 
hospital, health care facility, elderly home, or similar establishment; 
or
    (iii) To any telephone number assigned to a paging service, cellular 
telephone service, specialized mobile radio service, or other radio 
common carrier service, or any service for which the called party is 
charged for the call.
    (iv) A person will not be liable for violating the prohibition in 
paragraph (a)(1)(iii) of this section when the call is placed to a 
wireless number that has been ported from wireline service and such call 
is a voice call; not knowingly made to a wireless number; and made 
within 15 days of the porting of the number from wireline to wireless 
service, provided the number is not already on the national do-not-call 
registry or caller's company-specific do-not-call list. A person will 
not be liable for violating the prohibition in paragraph (a)(1)(iii) of 
this section when making calls exempted by paragraph (a)(9) of this 
section.
    (2) Initiate, or cause to be initiated, any telephone call that 
includes or introduces an advertisement or constitutes telemarketing, 
using an automatic telephone dialing system or an artificial or 
prerecorded voice, to any of the lines or telephone numbers described in 
paragraphs (a)(1)(i) through (iii) of this section, other than a call 
made with the prior express written consent of the called party or the 
prior express consent of the called party when the call is made by or on 
behalf of a tax-exempt nonprofit organization, or a call that delivers a 
``health care'' message made by, or on behalf of, a ``covered entity'' 
or its ``business associate,'' as those terms are defined in the HIPAA 
Privacy Rule, 45 CFR 160.103.
    (3) Initiate any telephone call to any residential line using an 
artificial or prerecorded voice to deliver a message that includes or 
introduces an advertisement or constitutes telemarketing without the 
prior express written consent of the called party, or that exceeds the 
applicable numerical limitation on calls identified in paragraphs 
(a)(3)(ii) through (v) of this section without the prior express consent 
of the called party. A telephone call to any residential line using an 
artificial or prerecorded voice to deliver a message requires no consent 
if the call:
    (i) Is made for emergency purposes;
    (ii) Is not made for a commercial purpose and the caller makes no 
more than three calls within any consecutive 30-day period to the 
residential line and honors the called party's request to opt out of 
future calls as required in paragraphs (b) and (d) of this section;
    (iii) Is made for a commercial purpose but does not include or 
introduce an advertisement or constitute telemarketing and the caller 
makes no more than three calls within any consecutive 30-day period to 
the residential line and honors the called party's request to opt out of 
future calls as required in paragraphs (b) and (d) of this section;
    (iv) Is made by or on behalf of a tax-exempt nonprofit organization 
and the caller makes no more than three calls within any consecutive 30-
day period to the residential line and honors the called party's request 
to opt out of future calls as required in paragraphs (b) and (d) of this 
section; or
    (v) Delivers a ``health care'' message made by, or on behalf of, a 
``covered entity'' or its ``business associate,'' as those terms are 
defined in the HIPAA Privacy Rule, 45 CFR 160.103, and the caller makes 
no more than one call per day to each patient's residential line, up to 
a maximum of three calls combined per week to each patient's residential 
line and honors the called party's request to opt out of future calls as 
required in paragraphs (b) and (d) of this section.
    (4) Use a telephone facsimile machine, computer, or other device to 
send an unsolicited advertisement to a telephone facsimile machine, 
unless--
    (i) The unsolicited advertisement is from a sender with an 
established business relationship, as defined in paragraph (f)(6) of 
this section, with the recipient; and
    (ii) The sender obtained the number of the telephone facsimile 
machine through--
    (A) The voluntary communication of such number by the recipient 
directly to the sender, within the context of

[[Page 518]]

such established business relationship; or
    (B) A directory, advertisement, or site on the Internet to which the 
recipient voluntarily agreed to make available its facsimile number for 
public distribution. If a sender obtains the facsimile number from the 
recipient's own directory, advertisement, or Internet site, it will be 
presumed that the number was voluntarily made available for public 
distribution, unless such materials explicitly note that unsolicited 
advertisements are not accepted at the specified facsimile number. If a 
sender obtains the facsimile number from other sources, the sender must 
take reasonable steps to verify that the recipient agreed to make the 
number available for public distribution.
    (C) This clause shall not apply in the case of an unsolicited 
advertisement that is sent based on an established business relationship 
with the recipient that was in existence before July 9, 2005 if the 
sender also possessed the facsimile machine number of the recipient 
before July 9, 2005. There shall be a rebuttable presumption that if a 
valid established business relationship was formed prior to July 9, 
2005, the sender possessed the facsimile number prior to such date as 
well; and
    (iii) The advertisement contains a notice that informs the recipient 
of the ability and means to avoid future unsolicited advertisements. A 
notice contained in an advertisement complies with the requirements 
under this paragraph only if--
    (A) The notice is clear and conspicuous and on the first page of the 
advertisement;
    (B) The notice states that the recipient may make a request to the 
sender of the advertisement not to send any future advertisements to a 
telephone facsimile machine or machines and that failure to comply, 
within 30 days, with such a request meeting the requirements under 
paragraph (a)(4)(v) of this section is unlawful;
    (C) The notice sets forth the requirements for an opt-out request 
under paragraph (a)(4)(v) of this section;
    (D) The notice includes--
    (1) A domestic contact telephone number and facsimile machine number 
for the recipient to transmit such a request to the sender; and
    (2) If neither the required telephone number nor facsimile machine 
number is a toll-free number, a separate cost-free mechanism including a 
Web site address or email address, for a recipient to transmit a request 
pursuant to such notice to the sender of the advertisement. A local 
telephone number also shall constitute a cost-free mechanism so long as 
recipients are local and will not incur any long distance or other 
separate charges for calls made to such number; and
    (E) The telephone and facsimile numbers and cost-free mechanism 
identified in the notice must permit an individual or business to make 
an opt-out request 24 hours a day, 7 days a week.
    (iv) A request not to send future unsolicited advertisements to a 
telephone facsimile machine complies with the requirements under this 
subparagraph only if--
    (A) The request identifies the telephone number or numbers of the 
telephone facsimile machine or machines to which the request relates;
    (B) The request is made to the telephone number, facsimile number, 
Web site address or email address identified in the sender's facsimile 
advertisement; and
    (C) The person making the request has not, subsequent to such 
request, provided express invitation or permission to the sender, in 
writing or otherwise, to send such advertisements to such person at such 
telephone facsimile machine.
    (v) A sender that receives a request not to send future unsolicited 
advertisements that complies with paragraph (a)(4)(v) of this section 
must honor that request within the shortest reasonable time from the 
date of such request, not to exceed 30 days, and is prohibited from 
sending unsolicited advertisements to the recipient unless the recipient 
subsequently provides prior express invitation or permission to the 
sender. The recipient's opt-out request terminates the established 
business relationship exemption for purposes of sending future 
unsolicited advertisements. If such requests are recorded or maintained 
by a party other than the sender on whose behalf the

[[Page 519]]

unsolicited advertisement is sent, the sender will be liable for any 
failures to honor the opt-out request.
    (vi) A facsimile broadcaster will be liable for violations of 
paragraph (a)(4) of this section, including the inclusion of opt-out 
notices on unsolicited advertisements, if it demonstrates a high degree 
of involvement in, or actual notice of, the unlawful activity and fails 
to take steps to prevent such facsimile transmissions.
    (5) Use an automatic telephone dialing system in such a way that two 
or more telephone lines of a multi-line business are engaged 
simultaneously.
    (6) Disconnect an unanswered telemarketing call prior to at least 15 
seconds or four (4) rings.
    (7) Abandon more than three percent of all telemarketing calls that 
are answered live by a person, as measured over a 30-day period for a 
single calling campaign. If a single calling campaign exceeds a 30-day 
period, the abandonment rate shall be calculated separately for each 
successive 30-day period or portion thereof that such calling campaign 
continues. A call is ``abandoned'' if it is not connected to a live 
sales representative within two (2) seconds of the called person's 
completed greeting.
    (i) Whenever a live sales representative is not available to speak 
with the person answering the call, within two (2) seconds after the 
called person's completed greeting, the telemarketer or the seller must 
provide:
    (A) A prerecorded identification and opt-out message that is limited 
to disclosing that the call was for ``telemarketing purposes'' and 
states the name of the business, entity, or individual on whose behalf 
the call was placed, and a telephone number for such business, entity, 
or individual that permits the called person to make a do-not-call 
request during regular business hours for the duration of the 
telemarketing campaign; provided, that, such telephone number may not be 
a 900 number or any other number for which charges exceed local or long 
distance transmission charges, and
    (B) An automated, interactive voice- and/or key press-activated opt-
out mechanism that enables the called person to make a do-not-call 
request prior to terminating the call, including brief explanatory 
instructions on how to use such mechanism. When the called person elects 
to opt-out using such mechanism, the mechanism must automatically record 
the called person's number to the seller's do-not-call list and 
immediately terminate the call.
    (ii) A call for telemarketing purposes that delivers an artificial 
or prerecorded voice message to a residential telephone line or to any 
of the lines or telephone numbers described in paragraphs (a)(1)(i) 
through (iii) of this section after the subscriber to such line has 
granted prior express written consent for the call to be made shall not 
be considered an abandoned call if the message begins within two (2) 
seconds of the called person's completed greeting.
    (iii) The seller or telemarketer must maintain records establishing 
compliance with paragraph (a)(7) of this section.
    (iv) Calls made by or on behalf of tax-exempt nonprofit 
organizations are not covered by this paragraph (a)(7).
    (8) Use any technology to dial any telephone number for the purpose 
of determining whether the line is a facsimile or voice line.
    (9) A person will not be liable for violating the prohibition in 
paragraph (a)(1)(iii) of this section for making any call exempted in 
this paragraph (a)(9), provided that the call is not charged to the 
called person or counted against the called person's plan limits on 
minutes or texts. As used in this paragraph (a)(9), the term ``call'' 
includes a text message, including a short message service (SMS) call.
    (i) Calls made by a package delivery company to notify a consumer 
about a package delivery, provided that all of the following conditions 
are met:
    (A) The notification must be sent only to the telephone number for 
the package recipient;
    (B) The notification must identify the name of the package delivery 
company and include contact information for the package delivery 
company;
    (C) The notification must not include any telemarketing, 
solicitation, or advertising content;
    (D) The voice call or text message notification must be concise, 
generally

[[Page 520]]

one minute or less in length for voice calls or 160 characters or less 
in length for text messages;
    (E) The package delivery company shall send only one notification 
(whether by voice call or text message) per package, except that one 
additional notification may be sent for each attempt to deliver the 
package, up to two attempts, if the recipient's signature is required 
for the package and the recipient was not available to sign for the 
package on the previous delivery attempt;
    (F) The package delivery company must offer package recipients the 
ability to opt out of receiving future delivery notification calls and 
messages and must honor an opt-out request within a reasonable time from 
the date such request is made, not to exceed 30 days; and,
    (G) Each notification must include information on how to opt out of 
future delivery notifications; voice call notifications that could be 
answered by a live person must include an automated, interactive voice- 
and/or key press-activated opt-out mechanism that enables the called 
person to make an opt-out request prior to terminating the call; voice 
call notifications that could be answered by an answering machine or 
voice mail service must include a toll-free number that the consumer can 
call to opt out of future package delivery notifications; text 
notifications must include the ability for the recipient to opt out by 
replying ``STOP.''
    (ii) Calls made by an inmate collect call service provider following 
an unsuccessful collect call to establish a billing arrangement with the 
called party to enable future collect calls, provided that all of the 
following conditions are met:
    (A) Notifications must identify the name of the inmate collect call 
service provider and include contact information;
    (B) Notifications must not include any telemarketing, solicitation, 
debt collection, or advertising content;
    (C) Notifications must be clear and concise, generally one minute or 
less;
    (D) Inmate collect call service providers shall send no more than 
three notifications following each inmate collect call that is 
unsuccessful due to the lack of an established billing arrangement, and 
shall not retain the called party's number after call completion or, in 
the alternative, after the third notification attempt; and
    (E) Each notification call must include information on how to opt 
out of future calls; voice calls that could be answered by a live person 
must include an automated, interactive voice- and/or key press-activated 
opt-out mechanism that enables the called person to make an opt-out 
request prior to terminating the call; voice calls that could be 
answered by an answering machine or voice mail service must include a 
toll-free number that the consumer can call to opt out of future 
notification calls; and,
    (F) The inmate collect call service provider must honor opt-out 
requests immediately.
    (iii) Calls made by any financial institution as defined in section 
4(k) of the Bank Holding Company Act of 1956, 15 U.S.C. 6809(3)(A), 
provided that all of the following conditions are met:
    (A) Voice calls and text messages must be sent only to the wireless 
telephone number provided by the customer of the financial institution;
    (B) Voice calls and text messages must state the name and contact 
information of the financial institution (for voice calls, these 
disclosures must be made at the beginning of the call);
    (C) Voice calls and text messages are strictly limited to those for 
the following purposes: transactions and events that suggest a risk of 
fraud or identity theft; possible breaches of the security of customers' 
personal information; steps consumers can take to prevent or remedy harm 
caused by data security breaches; and actions needed to arrange for 
receipt of pending money transfers;
    (D) Voice calls and text messages must not include any 
telemarketing, cross-marketing, solicitation, debt collection, or 
advertising content;
    (E) Voice calls and text messages must be concise, generally one 
minute or less in length for voice calls (unless more time is needed to 
obtain customer responses or answer customer questions) or 160 
characters or less in length for text messages;

[[Page 521]]

    (F) A financial institution may initiate no more than three messages 
(whether by voice call or text message) per event over a three-day 
period for an affected account;
    (G) A financial institution must offer recipients within each 
message an easy means to opt out of future such messages; voice calls 
that could be answered by a live person must include an automated, 
interactive voice- and/or key press-activated opt-out mechanism that 
enables the call recipient to make an opt-out request prior to 
terminating the call; voice calls that could be answered by an answering 
machine or voice mail service must include a toll-free number that the 
consumer can call to opt out of future calls; text messages must inform 
recipients of the ability to opt out by replying ``STOP,'' which will be 
the exclusive means by which consumers may opt out of such messages; 
and,
    (H) A financial institution must honor opt-out requests immediately.
    (iv) Calls made by, or on behalf of, healthcare providers, which 
include hospitals, emergency care centers, medical physician or service 
offices, poison control centers, and other healthcare professionals, 
provided that all of the following conditions are met:
    (A) Voice calls and text messages must be sent only to the wireless 
telephone number provided by the patient;
    (B) Voice calls and text messages must state the name and contact 
information of the healthcare provider (for voice calls, these 
disclosures would need to be made at the beginning of the call);
    (C) Voice calls and text messages are strictly limited to those for 
the following purposes: appointment and exam confirmations and 
reminders, wellness checkups, hospital pre-registration instructions, 
pre-operative instructions, lab results, post-discharge follow-up 
intended to prevent readmission, prescription notifications, and home 
healthcare instructions;
    (D) Voice calls and text messages must not include any 
telemarketing, solicitation, or advertising; may not include accounting, 
billing, debt-collection, or other financial content; and must comply 
with HIPAA privacy rules, 45 CFR 160.103;
    (E) Voice calls and text messages must be concise, generally one 
minute or less in length for voice calls or 160 characters or less in 
length for text messages;
    (F) A healthcare provider may initiate only one message (whether by 
voice call or text message) per day to each patient, up to a maximum of 
three voice calls or text messages combined per week to each patient;
    (G) A healthcare provider must offer recipients within each message 
an easy means to opt out of future such messages; voice calls that could 
be answered by a live person must include an automated, interactive 
voice- and/or key press-activated opt-out mechanism that enables the 
call recipient to make an opt-out request prior to terminating the call; 
voice calls that could be answered by an answering machine or voice mail 
service must include a toll-free number that the consumer can call to 
opt out of future healthcare calls; text messages must inform recipients 
of the ability to opt out by replying ``STOP,'' which will be the 
exclusive means by which consumers may opt out of such messages; and,
    (H) A healthcare provider must honor opt-out requests immediately.
    (b) All artificial or prerecorded voice telephone messages shall:
    (1) At the beginning of the message, state clearly the identity of 
the business, individual, or other entity that is responsible for 
initiating the call. If a business is responsible for initiating the 
call, the name under which the entity is registered to conduct business 
with the State Corporation Commission (or comparable regulatory 
authority) must be stated;
    (2) During or after the message, state clearly the telephone number 
(other than that of the autodialer or prerecorded message player that 
placed the call) of such business, other entity, or individual. The 
telephone number provided may not be a 900 number or any other number 
for which charges exceed local or long distance transmission charges. 
For telemarketing messages and messages made pursuant to an exemption 
under paragraphs (a)(3)(ii) through (v) of this section to residential 
telephone subscribers, such

[[Page 522]]

telephone number must permit any individual to make a do-not-call 
request during regular business hours; and
    (3) In every case where the artificial or prerecorded-voice 
telephone message is made pursuant to an exemption under paragraphs 
(a)(3)(ii) through (v) of this section or includes or introduces an 
advertisement or constitutes telemarketing and is delivered to a 
residential telephone line or any of the lines or telephone numbers 
described in paragraphs (a)(1)(i) through (iii) of this section, provide 
an automated, interactive voice- and/or key press-activated opt-out 
mechanism for the called person to make a do-not-call request, including 
brief explanatory instructions on how to use such mechanism, within two 
(2) seconds of providing the identification information required in 
paragraph (b)(1) of this section. When the called person elects to opt 
out using such mechanism, the mechanism must automatically record the 
called person's number to the caller's do-not-call list and immediately 
terminate the call. When the artificial or prerecorded-voice telephone 
message is left on an answering machine or a voice mail service, such 
message must also provide a toll free number that enables the called 
person to call back at a later time and connect directly to the 
automated, interactive voice- and/or key press-activated opt-out 
mechanism and automatically record the called person's number to the 
caller's do-not-call list.
    (c) No person or entity shall initiate any telephone solicitation 
to:
    (1) Any residential telephone subscriber before the hour of 8 a.m. 
or after 9 p.m. (local time at the called party's location), or
    (2) A residential telephone subscriber who has registered his or her 
telephone number on the national do-not-call registry of persons who do 
not wish to receive telephone solicitations that is maintained by the 
Federal Government. Such do-not-call registrations must be honored 
indefinitely, or until the registration is cancelled by the consumer or 
the telephone number is removed by the database administrator. Any 
person or entity making telephone solicitations (or on whose behalf 
telephone solicitations are made) will not be liable for violating this 
requirement if:
    (i) It can demonstrate that the violation is the result of error and 
that as part of its routine business practice, it meets the following 
standards:
    (A) Written procedures. It has established and implemented written 
procedures to comply with the national do-not-call rules;
    (B) Training of personnel. It has trained its personnel, and any 
entity assisting in its compliance, in procedures established pursuant 
to the national do-not-call rules;
    (C) Recording. It has maintained and recorded a list of telephone 
numbers that the seller may not contact;
    (D) Accessing the national do-not-call database. It uses a process 
to prevent telephone solicitations to any telephone number on any list 
established pursuant to the do-not-call rules, employing a version of 
the national do-not-call registry obtained from the administrator of the 
registry no more than 31 days prior to the date any call is made, and 
maintains records documenting this process.

    Note to paragraph (c)(2)(i)(D): The requirement in paragraph 
64.1200(c)(2)(i)(D) for persons or entities to employ a version of the 
national do-not-call registry obtained from the administrator no more 
than 31 days prior to the date any call is made is effective January 1, 
2005. Until January 1, 2005, persons or entities must continue to employ 
a version of the registry obtained from the administrator of the 
registry no more than three months prior to the date any call is made.

    (E) Purchasing the national do-not-call database. It uses a process 
to ensure that it does not sell, rent, lease, purchase or use the 
national do-not-call database, or any part thereof, for any purpose 
except compliance with this section and any such state or federal law to 
prevent telephone solicitations to telephone numbers registered on the 
national database. It purchases access to the relevant do-not-call data 
from the administrator of the national database and does not participate 
in any arrangement to share the cost of accessing the national database, 
including any arrangement with telemarketers who may not divide the 
costs to access the national database among various client sellers; or

[[Page 523]]

    (ii) It has obtained the subscriber's prior express invitation or 
permission. Such permission must be evidenced by a signed, written 
agreement between the consumer and seller which states that the consumer 
agrees to be contacted by this seller and includes the telephone number 
to which the calls may be placed; or
    (iii) The telemarketer making the call has a personal relationship 
with the recipient of the call.
    (d) No person or entity shall initiate any artificial or 
prerecorded-voice telephone call pursuant to an exemption under 
paragraphs (a)(3)(ii) through (v) of this section or any call for 
telemarketing purposes to a residential telephone subscriber unless such 
person or entity has instituted procedures for maintaining a list of 
persons who request not to receive such calls made by or on behalf of 
that person or entity. The procedures instituted must meet the following 
minimum standards:
    (1) Written policy. Persons or entities making artificial or 
prerecorded-voice telephone calls pursuant to an exemption under 
paragraphs (a)(3)(ii) through (v) of this section or calls for 
telemarketing purposes must have a written policy, available upon 
demand, for maintaining a do-not-call list.
    (2) Training of personnel. Personnel engaged in making artificial or 
prerecorded-voice telephone calls pursuant to an exemption under 
paragraphs (a)(3)(ii) through (v) of this section or who are engaged in 
any aspect of telemarketing must be informed and trained in the 
existence and use of the do-not-call list.
    (3) Recording, disclosure of do-not-call requests. If a person or 
entity making an artificial or prerecorded-voice telephone call pursuant 
to an exemption under paragraphs (a)(3)(ii) through (v) of this section 
or any call for telemarketing purposes (or on whose behalf such a call 
is made) receives a request from a residential telephone subscriber not 
to receive calls from that person or entity, the person or entity must 
record the request and place the subscriber's name, if provided, and 
telephone number on the do-not-call list at the time the request is 
made. Persons or entities making such calls (or on whose behalf such 
calls are made) must honor a residential subscriber's do-not-call 
request within a reasonable time from the date such request is made. 
This period may not exceed 30 days from the date of such request. If 
such requests are recorded or maintained by a party other than the 
person or entity on whose behalf the call is made, the person or entity 
on whose behalf the call is made will be liable for any failures to 
honor the do-not-call request. A person or entity making an artificial 
or prerecorded-voice telephone call pursuant to an exemption under 
paragraphs (a)(3)(ii) through (v) of this section or any call for 
telemarketing purposes must obtain a consumer's prior express permission 
to share or forward the consumer's request not to be called to a party 
other than the person or entity on whose behalf a call is made or an 
affiliated entity.
    (4) Identification of callers and telemarketers. A person or entity 
making an artificial or prerecorded-voice telephone call pursuant to an 
exemption under paragraphs (a)(3)(ii) through (v) of this section or any 
call for telemarketing purposes must provide the called party with the 
name of the individual caller, the name of the person or entity on whose 
behalf the call is being made, and a telephone number or address at 
which the person or entity may be contacted. The telephone number 
provided may not be a 900 number or any other number for which charges 
exceed local or long distance transmission charges.
    (5) Affiliated persons or entities. In the absence of a specific 
request by the subscriber to the contrary, a residential subscriber's 
do-not-call request shall apply to the particular entity making the call 
(or on whose behalf a call is made), and will not apply to affiliated 
entities unless the consumer reasonably would expect them to be included 
given the identification of the caller and (for telemarketing calls) the 
product being advertised.
    (6) Maintenance of do-not-call lists. A person or entity making 
artificial or

[[Page 524]]

prerecorded-voice telephone calls pursuant to an exemption under 
paragraphs (a)(3)(ii) through (v) of this section or any call for 
telemarketing purposes must maintain a record of a consumer's request 
not to receive further calls. A do-not-call request must be honored for 
5 years from the time the request is made.
    (e) The rules set forth in paragraph (c) and (d) of this section are 
applicable to any person or entity making telephone solicitations or 
telemarketing calls to wireless telephone numbers to the extent 
described in the Commission's Report and Order, CG Docket No. 02-278, 
FCC 03-153, ``Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991.''
    (f) As used in this section:
    (1) The term advertisement means any material advertising the 
commercial availability or quality of any property, goods, or services.
    (2) The terms automatic telephone dialing system and autodialer mean 
equipment which has the capacity to store or produce telephone numbers 
to be called using a random or sequential number generator and to dial 
such numbers.
    (3) The term clear and conspicuous means a notice that would be 
apparent to the reasonable consumer, separate and distinguishable from 
the advertising copy or other disclosures. With respect to facsimiles 
and for purposes of paragraph (a)(4)(iii)(A) of this section, the notice 
must be placed at either the top or bottom of the facsimile.
    (4) The term emergency purposes means calls made necessary in any 
situation affecting the health and safety of consumers.
    (5) The term established business relationship for purposes of 
telephone solicitations means a prior or existing relationship formed by 
a voluntary two-way communication between a person or entity and a 
residential subscriber with or without an exchange of consideration, on 
the basis of the subscriber's purchase or transaction with the entity 
within the eighteen (18) months immediately preceding the date of the 
telephone call or on the basis of the subscriber's inquiry or 
application regarding products or services offered by the entity within 
the three months immediately preceding the date of the call, which 
relationship has not been previously terminated by either party.
    (i) The subscriber's seller-specific do-not-call request, as set 
forth in paragraph (d)(3) of this section, terminates an established 
business relationship for purposes of telemarketing and telephone 
solicitation even if the subscriber continues to do business with the 
seller.
    (ii) The subscriber's established business relationship with a 
particular business entity does not extend to affiliated entities unless 
the subscriber would reasonably expect them to be included given the 
nature and type of goods or services offered by the affiliate and the 
identity of the affiliate.
    (6) The term established business relationship for purposes of 
paragraph (a)(4) of this section on the sending of facsimile 
advertisements means a prior or existing relationship formed by a 
voluntary two-way communication between a person or entity and a 
business or residential subscriber with or without an exchange of 
consideration, on the basis of an inquiry, application, purchase or 
transaction by the business or residential subscriber regarding products 
or services offered by such person or entity, which relationship has not 
been previously terminated by either party.
    (7) The term facsimile broadcaster means a person or entity that 
transmits messages to telephone facsimile machines on behalf of another 
person or entity for a fee.
    (8) The term one-ring scam means a scam in which a caller makes a 
call and allows the call to ring the called party for a short duration, 
in order to prompt the called party to return the call, thereby 
subjecting the called party to charges.
    (9) The term prior express written consent means an agreement, in 
writing, bearing the signature of the person called that clearly 
authorizes the seller to deliver or cause to be delivered to the person 
called advertisements or telemarketing messages using an automatic 
telephone dialing system or an artificial or prerecorded voice, and the 
telephone number to which the signatory authorizes such advertisements 
or

[[Page 525]]

telemarketing messages to be delivered.
    (i) The written agreement shall include a clear and conspicuous 
disclosure informing the person signing that:
    (A) By executing the agreement, such person authorizes the seller to 
deliver or cause to be delivered to the signatory telemarketing calls 
using an automatic telephone dialing system or an artificial or 
prerecorded voice; and
    (B) The person is not required to sign the agreement (directly or 
indirectly), or agree to enter into such an agreement as a condition of 
purchasing any property, goods, or services.
    (ii) The term ``signature'' shall include an electronic or digital 
form of signature, to the extent that such form of signature is 
recognized as a valid signature under applicable federal law or state 
contract law.
    (10) The term seller means the person or entity on whose behalf a 
telephone call or message is initiated for the purpose of encouraging 
the purchase or rental of, or investment in, property, goods, or 
services, which is transmitted to any person.
    (11) The term sender for purposes of paragraph (a)(4) of this 
section means the person or entity on whose behalf a facsimile 
unsolicited advertisement is sent or whose goods or services are 
advertised or promoted in the unsolicited advertisement.
    (12) The term telemarketer means the person or entity that initiates 
a telephone call or message for the purpose of encouraging the purchase 
or rental of, or investment in, property, goods, or services, which is 
transmitted to any person.
    (13) The term telemarketing means the initiation of a telephone call 
or message for the purpose of encouraging the purchase or rental of, or 
investment in, property, goods, or services, which is transmitted to any 
person.
    (14) The term telephone facsimile machine means equipment which has 
the capacity to transcribe text or images, or both, from paper into an 
electronic signal and to transmit that signal over a regular telephone 
line, or to transcribe text or images (or both) from an electronic 
signal received over a regular telephone line onto paper.
    (15) The term telephone solicitation means the initiation of a 
telephone call or message for the purpose of encouraging the purchase or 
rental of, or investment in, property, goods, or services, which is 
transmitted to any person, but such term does not include a call or 
message:
    (i) To any person with that person's prior express invitation or 
permission;
    (ii) To any person with whom the caller has an established business 
relationship; or
    (iii) By or on behalf of a tax-exempt nonprofit organization.
    (16) The term unsolicited advertisement means any material 
advertising the commercial availability or quality of any property, 
goods, or services which is transmitted to any person without that 
person's prior express invitation or permission, in writing or 
otherwise.
    (17) The term personal relationship means any family member, friend, 
or acquaintance of the telemarketer making the call.
    (18) The term effectively mitigate means identifying the source of 
the traffic and preventing that source from continuing to originate 
traffic of the same or similar nature.
    (19) The term gateway provider means a U.S.-based intermediate 
provider that receives a call directly from a foreign originating 
provider or foreign intermediate provider at its U.S.-based facilities 
before transmitting the call downstream to another U.S.-based provider. 
For purposes of this paragraph (f)(19):
    (i) U.S.-based means that the provider has facilities located in the 
United States, including a point of presence capable of processing the 
call; and
    (ii) Receives a call directly from a provider means the foreign 
provider directly upstream of the gateway provider in the call path sent 
the call to the gateway provider, with no providers in-between.
    (g) Beginning January 1, 2004, common carriers shall:
    (1) When providing local exchange service, provide an annual notice, 
via an insert in the subscriber's bill, of the right to give or revoke a 
notification of an objection to receiving telephone solicitations 
pursuant to the national do-not-call database maintained by the

[[Page 526]]

federal government and the methods by which such rights may be exercised 
by the subscriber. The notice must be clear and conspicuous and include, 
at a minimum, the Internet address and toll-free number that residential 
telephone subscribers may use to register on the national database.
    (2) When providing service to any person or entity for the purpose 
of making telephone solicitations, make a one-time notification to such 
person or entity of the national do-not-call requirements, including, at 
a minimum, citation to 47 CFR 64.1200 and 16 CFR 310. Failure to receive 
such notification will not serve as a defense to any person or entity 
making telephone solicitations from violations of this section.
    (h) The administrator of the national do-not-call registry that is 
maintained by the federal government shall make the telephone numbers in 
the database available to the States so that a State may use the 
telephone numbers that relate to such State as part of any database, 
list or listing system maintained by such State for the regulation of 
telephone solicitations.
    (i)-(j) [Reserved]
    (k) Voice service providers may block calls so that they do not 
reach a called party as follows:
    (1) A provider may block a voice call when the subscriber to which 
the originating number is assigned has requested that calls purporting 
to originate from that number be blocked because the number is used for 
inbound calls only.
    (2) A provider may block a voice call purporting to originate from 
any of the following:
    (i) A North American Numbering Plan number that is not valid;
    (ii) A valid North American Numbering Plan number that is not 
allocated to a provider by the North American Numbering Plan 
Administrator or the Pooling Administrator; and
    (iii) A valid North American Numbering Plan number that is allocated 
to a provider by the North American Numbering Plan Administrator or 
Pooling Administrator, but is unused, so long as the provider blocking 
the calls is the allocatee of the number and confirms that the number is 
unused or has obtained verification from the allocatee that the number 
is unused at the time of the blocking.
    (iv) A telephone number that the provider identifies, based on 
reasonable analytics, as highly likely to be associated with a one-ring 
scam.
    (3) A terminating provider may block a voice call without liability 
under the Communications Act or the Commission's rules where:
    (i) Calls are blocked based on the use of reasonable analytics 
designed to identify unwanted calls;
    (ii) Those analytics include consideration of caller ID 
authentication information where available;
    (iii) A consumer may opt out of blocking and is provided with 
sufficient information to make an informed decision;
    (iv) All analytics are applied in a non-discriminatory, 
competitively neutral manner;
    (v) Blocking services are provided with no additional line-item 
charge to consumers; and
    (vi) The terminating provider provides, without charge to the 
caller, the redress requirements set forth in paragraph (k)(8) of this 
section.
    (4) A provider may block voice calls or cease to accept traffic from 
an originating or intermediate provider without liability under the 
Communications Act or the Commission's rules where the originating or 
intermediate provider, when notified by the Commission, fails to 
effectively mitigate illegal traffic within 48 hours or fails to 
implement effective measures to prevent new and renewing customers from 
using its network to originate illegal calls. Prior to initiating 
blocking, the provider shall provide the Commission with notice and a 
brief summary of the basis for its determination that the originating or 
intermediate provider meets one or more of these two conditions for 
blocking.
    (5) A provider may not block a voice call under paragraphs (k)(1) 
through (4), paragraph (k)(11), paragraphs (n)(5) and (6), or paragraph 
(o) of this section if the call is an emergency call placed to 911.
    (6) When blocking consistent with paragraphs (k)(1) through (4), 
paragraph (k)(11), paragraphs (n)(5) and (6),

[[Page 527]]

or paragraph (o) of this section, a provider must making all reasonable 
efforts to ensure that calls from public safety answering points and 
government emergency numbers are not blocked.
    (7) For purposes of this section, a provider may rely on Caller ID 
information to determine the purported originating number without regard 
to whether the call, in fact originated from that number.
    (8) Each terminating provider that blocks calls pursuant to this 
section or utilizes caller ID authentication information in determining 
how to deliver calls must provide a single point of contact, readily 
available on the terminating provider's public-facing website, for 
receiving call blocking error complaints and verifying the authenticity 
of the calls of a calling party that is adversely affected by 
information provided by caller ID authentication. The terminating 
provider must resolve disputes pertaining to caller ID authentication 
information within a reasonable time and, at a minimum, provide a status 
update within 24 hours. When a caller makes a credible claim of 
erroneous blocking and the terminating provider determines that the 
calls should not have been blocked, or the call delivery decision is not 
appropriate, the terminating provider must promptly cease the call 
treatment for that number unless circumstances change. The terminating 
provider may not impose any charge on callers for reporting, 
investigating, or resolving either category of complaints, so long as 
the complaint is made in good faith.
    (9) Any terminating provider that blocks calls based on any 
analytics program, either itself or through a third-party blocking 
service, must immediately return, and all voice service providers in the 
call path must transmit, an appropriate response code to the origination 
point of the call. For purposes of this rule, an appropriate response 
code is:
    (i) In the case of a call terminating on an IP network, the use of 
Session Initiation Protocol (SIP) code 603, 607, or 608;
    (ii) In the case of a call terminating on a non-IP network, the use 
of ISDN User Part (ISUP) code 21 with the cause location ``user'';
    (iii) In the case of a code transmitting from an IP network to a 
non-IP network, SIP codes 607 and 608 must map to ISUP code 21; and
    (iv) In the case of a code transmitting from a non-IP network to an 
IP network, ISUP code 21 must map to SIP code 603, 607, or 608 where the 
cause location is ``user.''
    (10) Any terminating provider that blocks calls pursuant to an opt-
out or opt-in analytics program, either itself or through a third-party 
blocking service, must provide, at the request of the subscriber to a 
number, at no additional charge and within 3 business days of such a 
request, a list of calls to that number, including the date and time of 
the call and the calling number, that the terminating provider or its 
designee blocked pursuant to such analytics program within the 28 days 
prior to the request.
    (11) A terminating provider may block calls without liability under 
the Communications Act and the Commission's rules, without giving 
consumers the opportunity to opt out of such blocking, so long as:
    (i) The provider reasonably determines, based on reasonable 
analytics that include consideration of caller ID authentication 
information where available, that calls are part of a particular call 
pattern that is highly likely to be illegal;
    (ii) The provider manages its network-based blocking with human 
oversight and network monitoring sufficient to ensure that it blocks 
only calls that are highly likely to be illegal, which must include a 
process that reasonably determines that the particular call pattern is 
highly likely to be illegal before initiating blocking of calls that are 
part of that pattern;
    (iii) The provider ceases blocking calls that are part of the call 
pattern as soon as the provider has actual knowledge that the blocked 
calls are likely lawful;
    (iv) The provider discloses to consumers that it is engaging in such 
blocking;
    (v) All analytics are applied in a non-discriminatory, competitively 
neutral manner;

[[Page 528]]

    (vi) Blocking services are provided with no additional line-item 
charge to consumers; and
    (vii) The terminating provider provides, without line item charge to 
the caller, the redress requirements set forth in subparagraphs 8 and 9.
    (l) A reporting carrier subject to Sec.  52.15(f) of this title 
shall:
    (1) Maintain records of the most recent date each North American 
Numbering Plan (NANP) telephone number allocated or ported to the 
reporting carrier was permanently disconnected.
    (2) Beginning on the 15th day of the month after the Consumer and 
Governmental Affairs Bureau announces that the Administrator is ready to 
begin accepting these reports and on the 15th day of each month 
thereafter, report to the Administrator the most recent date each NANP 
telephone number allocated to or ported to it was permanently 
disconnected.
    (3) For purposes of this paragraph (l), a NANP telephone number has 
been permanently disconnected when a subscriber permanently has 
relinquished the number, or the provider permanently has reversed its 
assignment of the number to the subscriber such that the number has been 
disassociated with the subscriber. A NANP telephone number that is 
ported to another provider is not permanently disconnected.
    (4) Reporting carriers serving 100,000 or fewer domestic retail 
subscriber lines as reported on their most recent Forms 477, aggregated 
over all the providers' affiliates, must begin keeping the records 
required by paragraph (l)(1) of this section six months after the 
effective date for large providers and must begin filing the reports 
required by paragraph (l)(2) of this section no later than the 15th day 
of the month that is six months after the date announced by the Consumer 
and Governmental Affairs Bureau pursuant to paragraph (l)(2).
    (m) A person will not be liable for violating the prohibitions in 
paragraph (a)(1), (2), or (3) of this section by making a call to a 
number for which the person previously had obtained prior express 
consent of the called party as required in paragraph (a)(1), (2), or (3) 
but at the time of the call, the number is not assigned to the 
subscriber to whom it was assigned at the time such prior express 
consent was obtained if the person, bearing the burden of proof and 
persuasion, demonstrates that:
    (1) The person, based upon the most recent numbering information 
reported to the Administrator pursuant to paragraph (l) of this section, 
by querying the database operated by the Administrator and receiving a 
response of ``no'', has verified that the number has not been 
permanently disconnected since the date prior express consent was 
obtained as required in paragraph (a)(1), (2), or (3) of this section; 
and
    (2) The person's call to the number was the result of the database 
erroneously returning a response of ``no'' to the person's query 
consisting of the number for which prior express consent was obtained as 
required in paragraph (a)(1), (2), or (3) of this section and the date 
on which such prior express consent was obtained.
    (n) A voice service provider must:
    (1) Upon receipt of a traceback request from the Commission, civil 
law enforcement, criminal law enforcement, or the industry traceback 
consortium:
    (i) If the provider is an originating, terminating, or non-gateway 
intermediate provider for all calls specified in the traceback request, 
the provider must respond fully and in a timely manner;
    (ii) If the provider receiving a traceback request is the gateway 
provider for any calls specified in the traceback request, the provider 
must fully respond to the traceback request within 24 hours of receipt 
of the request. The 24-hour clock does not start outside of business 
hours, and requests received during that time are deemed received at 8 
a.m. on the next business day. If the 24-hour response period would end 
on a non-business day, either a weekend or a Federal legal holiday, the 
24-hour clock does not run for the weekend or holiday in question, and 
restarts at 12:01 a.m. on the next business day following when the 
request would otherwise be due. For example, a request received at 3 
p.m. on a Friday will be due at 3 p.m. on the following Monday, assuming 
that Monday is not a Federal legal holiday. For purposes of this 
paragraph (n)(1)(ii),

[[Page 529]]

business day is defined as Monday through Friday, excluding Federal 
legal holidays, and business hours is defined as 8 a.m. to 5:30 p.m. on 
a business day. For purposes of this paragraph (n)(1)(ii), all times are 
local time for the office that is required to respond to the request.
    (2) Take steps to effectively mitigate illegal traffic when it 
receives actual written notice of such traffic from the Commission 
through its Enforcement Bureau. In providing notice, the Enforcement 
Bureau shall identify with as much particularity as possible the 
suspected traffic; provide the basis for the Enforcement Bureau's 
reasonable belief that the identified traffic is unlawful; cite the 
statutory or regulatory provisions the suspected traffic appears to 
violate; and direct the voice service provider receiving the notice that 
it must comply with this section. Each notified provider must promptly 
investigate the identified traffic. Each notified provider must then 
promptly report the results of its investigation to the Enforcement 
Bureau, including any steps the provider has taken to effectively 
mitigate the identified traffic or an explanation as to why the provider 
has reasonably concluded that the identified calls were not illegal and 
what steps it took to reach that conclusion. Should the notified 
provider find that the traffic comes from an upstream provider with 
direct access to the U.S. Public Switched Telephone Network, that 
provider must promptly inform the Enforcement Bureau of the source of 
the traffic and, if possible, take steps to mitigate this traffic; and
    (3) Take affirmative, effective measures to prevent new and renewing 
customers from using its network to originate illegal calls, including 
knowing its customers and exercising due diligence in ensuring that its 
services are not used to originate illegal traffic.
    (4) If the provider acts as a gateway provider, take reasonable and 
effective steps to ensure that any foreign originating provider or 
foreign intermediate provider from which it directly receives traffic is 
not using the gateway provider to carry or process a high volume of 
illegal traffic onto the U.S. network. Compliance with this paragraph 
(n)(4) will not be required until January 16, 2023.
    (5) If the provider acts as a gateway provider, and is properly 
notified under this section, block identified illegal traffic and any 
substantially similar traffic on an ongoing basis (unless its 
investigation determines that the traffic is not illegal) when it 
receives actual written notice of such traffic by the Commission through 
its Enforcement Bureau. The gateway provider will not be held liable 
under the Communications Act or the Commission's rules in this chapter 
for gateway providers that inadvertently block lawful traffic as part of 
the requirement to block substantially similar traffic so long as it is 
blocking consistent with the requirements of this paragraph (n)(5). For 
purposes of this paragraph (n)(5), identified traffic means the illegal 
traffic identified in the Notification of Suspected Illegal Traffic 
issued by the Enforcement Bureau. The following procedures shall apply:
    (i)(A) The Enforcement Bureau will issue a Notification of Suspected 
Illegal Traffic that identifies with as much particularity as possible 
the suspected illegal traffic; provides the basis for the Enforcement 
Bureau's reasonable belief that the identified traffic is unlawful; 
cites the statutory or regulatory provisions the identified traffic 
appears to violate; and directs the provider receiving the notice that 
it must comply with this section. The Enforcement Bureau's Notification 
of Suspected Illegal Traffic shall give the identified provider a 
minimum of 14 days to comply with the notice. Each notified provider 
must promptly investigate the identified traffic and report the results 
of that investigation to the Enforcement Bureau within the timeframe 
specified in the Notification of Suspected Illegal Traffic. If the 
provider's investigation determines that it served as the gateway 
provider for the identified traffic, it must block the identified 
traffic within the timeframe specified in the Notification of Suspected 
Illegal Traffic and include in its report to the Enforcement Bureau:
    (1) A certification that it is blocking the identified traffic and 
will continue to do so; and

[[Page 530]]

    (2) A description of its plan to identify and block substantially 
similar traffic on an ongoing basis.
    (B) If the provider's investigation determines that the identified 
traffic is not illegal, it shall provide an explanation as to why the 
provider reasonably concluded that the identified traffic is not illegal 
and what steps it took to reach that conclusion. Absent such a showing, 
or if the Enforcement Bureau determines based on the evidence that the 
traffic is illegal despite the provider's assertions, the identified 
traffic will be deemed illegal. If the notified provider determines 
during this investigation that it did not serve as the gateway provider 
for any of the identified traffic, it shall provide an explanation as to 
how it reached that conclusion and, if it is a non-gateway intermediate 
or terminating provider for the identified traffic, it must identify the 
upstream provider(s) from which it received the identified traffic and, 
if possible, take lawful steps to mitigate this traffic. If the notified 
provider determines that it is the originating provider, or the traffic 
otherwise comes from a source that does not have direct access to the 
U.S. public switched telephone network, it must promptly comply with 
paragraph (n)(2) of this section by effectively mitigating the 
identified traffic and reporting to the Enforcement Bureau any steps it 
has taken to effectively mitigate the identified traffic. If the 
Enforcement Bureau finds that an approved plan is not blocking 
substantially similar traffic, the identified provider shall modify its 
plan to block such traffic. If the Enforcement Bureau finds, that the 
identified provider continues to allow suspected illegal traffic onto 
the U.S. network, it may proceed under paragraph (n)(5)(ii) or (iii) of 
this section as appropriate.
    (ii) If the provider fails to respond to the Notification of 
Suspected Illegal Traffic, the Enforcement Bureau determines that the 
response is insufficient, the Enforcement Bureau determines that the 
gateway provider is continuing to allow substantially similar traffic 
onto the U.S. network after the timeframe specified in the Notification 
of Suspected Illegal Traffic, or the Enforcement Bureau determines based 
on the evidence that the traffic is illegal despite the provider's 
assertions, the Enforcement Bureau shall issue an Initial Determination 
Order to the gateway provider stating the Bureau's initial determination 
that the gateway provider is not in compliance with this section. The 
Initial Determination Order shall include the Enforcement Bureau's 
reasoning for its determination and give the gateway provider a minimum 
of 14 days to provide a final response prior to the Enforcement Bureau 
making a final determination on whether the provider is in compliance 
with this section.
    (iii) If the gateway provider does not provide an adequate response 
to the Initial Determination Order within the timeframe permitted in 
that Order or continues to allow substantially similar traffic onto the 
U.S. network, the Enforcement Bureau shall issue a Final Determination 
Order finding that the gateway provider is not in compliance with this 
section. The Final Determination Orders shall be published in EB Docket 
No. 22-174 at https://www.fcc.gov/ecfs/search/search-filings. A Final 
Determination Order may be issued up to one year after the release date 
of the Initial Determination Order, and may be based on either an 
immediate failure to comply with this rule or a determination that the 
gateway provider has failed to meet its ongoing obligation under this 
rule to block substantially similar traffic.
    (6) When notified by the Commission through its Enforcement Bureau 
that a Final Determination Order has been issued finding that a gateway 
provider has failed to block as required under paragraph (n)(5) of this 
section, block and cease accepting all traffic received directly from 
the identified gateway provider beginning 30 days after the release date 
of the Final Determination Order. This paragraph (n)(6) applies to any 
provider immediately downstream from the gateway provider. The 
Enforcement Bureau shall provide notification by publishing the Final 
Determination Order in EB Docket No. 22-174 at https://www.fcc.gov/ecfs/
search/search-filings. Providers must monitor EB Docket No. 22-174 and 
initiate blocking no later than 30 days from the

[[Page 531]]

release date of the Final Determination Order. A provider that chooses 
to initiate blocking sooner than 30 days from the release date may do so 
consistent with paragraph (k)(4) of this section.
    (o)A provider that serves as a gateway provider for particular calls 
must, with respect to those calls, block any calls purporting to 
originate from a number on a reasonable do-not-originate list. A list so 
limited in scope that it leaves out obvious numbers that could be 
included with little effort may be deemed unreasonable. The do-not-
originate list may include only:
    (1) Numbers for which the subscriber to which the number is assigned 
has requested that calls purporting to originate from that number be 
blocked because the number is used for inbound calls only;
    (2) North American Numbering Plan numbers that are not valid;
    (3) Valid North American Numbering Plan Numbers that are not 
allocated to a provider by the North American Numbering Plan 
Administrator; and
    (4) Valid North American Numbering Plan numbers that are allocated 
to a provider by the North American Numbering Plan Administrator, but 
are unused, so long as the provider blocking the calls is the allocatee 
of the number and confirms that the number is unused or has obtained 
verification from the allocatee that the number is unused at the time of 
blocking.
    (p) A mobile wireless provider must block a text message purporting 
to originate from a North American Numbering Plan number on a reasonable 
do-not-originate list. A list so limited in scope that it leaves out 
obvious North American Numbering Plan numbers that could be included 
with little effort may be deemed unreasonable. The do-not-originate list 
may include only:
    (1) North American Numbering Plan Numbers for which the subscriber 
to the number has requested that texts purporting to originate from that 
number be blocked;
    (2) North American Numbering Plan numbers that are not valid;
    (3) Valid North American Numbering Plan numbers that are not 
allocated to a provider by the North American Numbering Plan 
Administrator; and
    (4) Valid North American Numbering Plan numbers that are allocated 
to a provider by the North American Numbering Plan Administrator, but 
are unused, so long as the provider blocking the message is the 
allocatee of the number and confirms that the number is unused or has 
obtained verification from the allocatee that the number is unused at 
the time of blocking.
    (q) Paragraph (p) of this section may contain an information-
collection and/or recordkeeping requirement. Compliance with paragraph 
(p) will not be required until this paragraph (q) is removed or contains 
a compliance date, which will not occur until after the Office of 
Management and Budget completes review of such requirements pursuant to 
the Paperwork Reduction Act or until after the Consumer and Governmental 
Affairs Bureau determines that such review is not required.
    (r) A mobile wireless provider must provide a point of contact or 
ensure its aggregator partners or blocking contractors that block text 
messages on its network provide a point of contact to resolve complaints 
about erroneous blocking from message senders that can document that 
their messages have been blocked. Such point of contact may be the same 
point of contact for voice call blocking error complaints.

[68 FR 44177, July 25, 2003, as amended at 68 FR 59131, Oct. 14, 2003; 
69 FR 60316, Oct. 8, 2004; 70 FR 19337, Apr. 13, 2005; 71 FR 25977, May 
3, 2006; 71 FR 56893, Sept. 28, 2006; 71 FR 75122, Dec. 14, 2006; 73 FR 
40185, July 14, 2008; 77 FR 34246, June 11, 2012; 83 FR 1577, Jan. 12, 
2018; 84 FR 10267, Mar. 20, 2019; 84 FR 11232, Mar. 26, 2019; 85 FR 
56534, Sept. 14, 2020; 86 FR 2563, Jan. 13, 2021; 86 FR 11447, 11448, 
Feb. 25, 2021; 86 FR 17734,17735, Apr. 6, 2021; 86 FR 74375, Dec. 30, 
2021; 87 FR 7044, Feb. 8, 2022; 87 FR 42944, July 18, 2022; 87 FR 51921, 
Aug. 24, 2022; 87 FR 69207, Nov. 18, 2022; 88 FR 3677, Jan. 20, 2023; 88 
FR 21500, Apr. 11, 2023]

    Editorial Note: At 87 FR 42944, July 18, 2022, Sec.  64.1200 was 
amended by adding paragraph (o), however, this amendment was delayed 
indefinitely.

    Effective Date Note: At 88 FR 43458, July 10, 2023, Sec.  64.1200 
was amended by revising paragraphs (k)(5) and (6)and (n)(1), removing 
paragraph (n)(2), redesignating paragraphs (n)(3), (4),(5), and (6) as 
paragraphs (n)(4), (5), (2), and (3), and revising newly redesignating 
paragraphs (n)(2), (3), and (5), effective Jan. 8, 2024. For the 
convenience of the user, the revised text is set forth as follows:

[[Page 532]]



Sec.  64.1200  Delivery restrictions.

                                * * * * *

    (k) * * *
    (5) A provider may not block a voice call under paragraphs (k)(1) 
through (4), paragraph (k)(11), paragraphs (n)(2) and (3), paragraph 
(n)(5), or paragraph (o) of this section if the call is an emergency 
call placed to 911.
    (6) When blocking consistent with paragraphs (k)(1) through (4), 
paragraph (k)(11), paragraphs (n)(2) and (3), paragraph (n)(5), or 
paragraph (o) of this section, a provider must make all reasonable 
efforts to ensure that calls from public safety answering points and 
government emergency numbers are not blocked.

                                * * * * *

    (n) * * *
    (1) Upon receipt of a traceback request from the Commission, civil 
law enforcement, criminal law enforcement, or the industry traceback 
consortium, the provider must fully respond to the traceback request 
within 24 hours of receipt of the request. The 24-hour clock does not 
start outside of business hours, and requests received during that time 
are deemed received at 8 a.m. on the next business day. If the 24-hour 
response period would end on a non-business day, either a weekend or a 
Federal legal holiday, the 24-hour clock does not run for the weekend or 
holiday in question, and restarts at 12:01 a.m. on the next business day 
following when the request would otherwise be due. For example, a 
request received at 3 p.m. on a Friday will be due at 3 p.m. on the 
following Monday, assuming that Monday is not a Federal legal holiday. 
For purposes of this paragraph (n)(1), business day is defined as Monday 
through Friday, excluding Federal legal holidays, and business hours is 
defined as 8 a.m. to 5:30 p.m. on a business day. For purposes of this 
paragraph (n)(1), all times are local time for the office that is 
required to respond to the request.
    (2) Upon receipt of a Notice of Suspected Illegal Traffic from the 
Commission through its Enforcement Bureau, take the applicable actions 
with respect to the identified traffic described in paragraphs (n)(2)(i) 
through (iii) of this section. The provider will not be held liable 
under the Communications Act or the Commission's rules in this chapter 
for providers that inadvertently block lawful traffic as part of the 
requirement to block substantially similar traffic so long as it is 
blocking consistent with the requirements of paragraphs (n)(2)(i) 
through (iii). For purposes of this paragraph (n)(2), identified traffic 
means the illegal traffic identified in the Notification of Suspected 
Illegal Traffic issued by the Enforcement Bureau. The following 
procedures shall apply:
    (i)(A) The Enforcement Bureau will issue a Notification of Suspected 
Illegal Traffic that identifies with as much particularity as possible 
the suspected illegal traffic; provides the basis for the Enforcement 
Bureau's reasonable belief that the identified traffic is unlawful; 
cites the statutory or regulatory provisions the identified traffic 
appears to violate; and directs the provider receiving the notice that 
it must comply with this section. The Enforcement Bureau's Notification 
of Suspected Illegal Traffic shall give the identified provider a 
minimum of 14 days to comply with the notice. Each notified provider 
must promptly investigate the identified traffic and report the results 
of that investigation to the Enforcement Bureau within the timeframe 
specified in the Notification of Suspected Illegal Traffic. If the 
provider's investigation determines that it served as the gateway or 
originating provider for the identified traffic, it must block or cease 
accepting the identified traffic and substantially similar traffic on an 
ongoing basis within the timeframe specified in the Notification of 
Suspected Illegal Traffic. The provider must include in its report to 
the Enforcement Bureau:
    (1) A certification that it is blocking the identified traffic and 
will continue to do so; and
    (2) A description of its plan to identify and block or cease 
accepting substantially similar traffic on an ongoing basis.
    (B) If the provider's investigation determines that the identified 
traffic is not illegal, it shall provide an explanation as to why the 
provider reasonably concluded that the identified traffic is not illegal 
and what steps it took to reach that conclusion. Absent such a showing, 
or if the Enforcement Bureau determines based on the evidence that the 
traffic is illegal despite the provider's assertions, the identified 
traffic will be deemed illegal. If the notified provider determines 
during this investigation that it did not serve as the gateway provider 
or originating provider for any of the identified traffic, it shall 
provide an explanation as to how it reached that conclusion and, if it 
is a non-gateway intermediate or terminating provider for the identified 
traffic, it must identify the upstream provider(s) from which it 
received the identified traffic and, if possible, take lawful steps to 
mitigate this traffic. If the Enforcement Bureau finds that an approved 
plan is not blocking substantially similar traffic, the identified 
provider shall modify its plan to block such traffic. If the Enforcement 
Bureau finds that the identified provider continues to allow suspected 
illegal traffic onto the U.S. network, it may proceed under paragraph 
(n)(2)(ii) or (iii) of this section, as appropriate.
    (ii) If the provider fails to respond to the Notification of 
Suspected Illegal Traffic, the

[[Page 533]]

Enforcement Bureau determines that the response is insufficient, the 
Enforcement Bureau determines that the provider is continuing to 
originate substantially similar traffic or allow substantially similar 
traffic onto the U.S. network after the timeframe specified in the 
Notification of Suspected Illegal Traffic, or the Enforcement Bureau 
determines based on the evidence that the traffic is illegal despite the 
provider's assertions, the Enforcement Bureau shall issue an Initial 
Determination Order to the provider stating the Bureau's initial 
determination that the provider is not in compliance with this section. 
The Initial Determination Order shall include the Enforcement Bureau's 
reasoning for its determination and give the provider a minimum of 14 
days to provide a final response prior to the Enforcement Bureau making 
a final determination on whether the provider is in compliance with this 
section.
    (iii) If the provider does not provide an adequate response to the 
Initial Determination Order within the timeframe permitted in that Order 
or continues to originate substantially similar traffic onto the U.S. 
network, the Enforcement Bureau shall issue a Final Determination Order 
finding that the provider is not in compliance with this section. The 
Final Determination Orders shall be published in EB Docket No. 22-174 at 
https://www.fcc.gov/ecfs/search/search-filings. A Final Determination 
Order may be issued up to one year after the release date of the Initial 
Determination Order, and may be based on either an immediate failure to 
comply with this section or a determination that the provider has failed 
to meet its ongoing obligation under this section to block substantially 
similar traffic.
    (3) When notified by the Commission through its Enforcement Bureau 
that a Final Determination Order has been issued finding that an 
upstream provider has failed to comply with paragraph (n)(2) of this 
section, block and cease accepting all traffic received directly from 
the upstream provider beginning 30 days after the release date of the 
Final Determination Order. This paragraph (n)(3) applies to any provider 
immediately downstream from the upstream provider. The Enforcement 
Bureau shall provide notification by publishing the Final Determination 
Order in EB Docket No. 22-174 at https://www.fcc.gov/ecfs/search/search-
filings. Providers must monitor EB Docket No. 22-174 and initiate 
blocking no later than 30 days from the release date of the Final 
Determination Order. A provider that chooses to initiate blocking sooner 
than 30 days from the release date may do so consistent with paragraph 
(k)(4) of this section.

                                * * * * *

    (5) Take reasonable and effective steps to ensure that any 
originating provider or intermediate provider, foreign or domestic, from 
which it directly receives traffic is not using the provider to carry or 
process a high volume of illegal traffic onto the U.S. network.



Sec.  64.1201  Restrictions on billing name and address disclosure.

    (a) As used in this section:
    (1) The term billing name and address means the name and address 
provided to a local exchange company by each of its local exchange 
customers to which the local exchange company directs bills for its 
services.
    (2) The term ``telecommunications service provider'' means 
interexchange carriers, operator service providers, enhanced service 
providers, and any other provider of interstate telecommunications 
services.
    (3) The term authorized billing agent means a third party hired by a 
telecommunications service provider to perform billing and collection 
services for the telecommunications service provider.
    (4) The term bulk basis means billing name and address information 
for all the local exchange service subscribers of a local exchange 
carrier.
    (5) The term LEC joint use card means a calling card bearing an 
account number assigned by a local exchange carrier, used for the 
services of the local exchange carrier and a designated interexchange 
carrier, and validated by access to data maintained by the local 
exchange carrier.
    (b) No local exchange carrier providing billing name and address 
shall disclose billing name and address information to any party other 
than a telecommunications service provider or an authorized billing and 
collection agent of a telecommunications service provider.
    (c)(1) No telecommunications service provider or authorized billing 
and collection agent of a telecommunications service provider shall use 
billing name and address information for any purpose other than the 
following:
    (i) Billing customers for using telecommunications services of that 
service provider and collecting amounts due;

[[Page 534]]

    (ii) Any purpose associated with the ``equal access'' requirement of 
United States v. AT&T 552 F.Supp. 131 (D.D.C. 1982); and
    (iii) Verification of service orders of new customers, 
identification of customers who have moved to a new address, fraud 
prevention, and similar nonmarketing purposes.
    (2) In no case shall any telecommunications service provider or 
authorized billing and collection agent of a telecommunications service 
provider disclose the billing name and address information of any 
subscriber to any third party, except that a telecommunications service 
provider may disclose billing name and address information to its 
authorized billing and collection agent.
    (d) [Reserved]
    (e)(1) All local exchange carriers providing billing name and 
address information shall notify their subscribers that:
    (i) The subscriber's billing name and address will be disclosed, 
pursuant to Policies and Rules Concerning Local Exchange Carrier 
Validation and Billing Information for Joint Use Calling Cards, CC 
Docket No. 91-115, FCC 93-254, adopted May 13, 1993, whenever the 
subscriber uses a LEC joint use card to pay for services obtained from 
the telecommunications service provider, and
    (ii) The subscriber's billing name and address will be disclosed, 
pursuant to Policies and Rules Concerning Local Exchange Carrier 
Validation and Billing Information for Joint Use Calling Cards, CC 
Docket No. 91-115, FCC 93-254, adopted May 13, 1993, whenever the 
subscriber accepts a third party or collect call to a telephone station 
provided by the LEC to the subscriber.
    (2) In addition to the notification specified in paragraph (e)(1) of 
this section, all local exchange carriers providing billing name and 
address information shall notify their subscribers with unlisted or 
nonpublished telephone numbers that:
    (i) Customers have a right to request that their BNA not be 
disclosed, and that customers may prevent BNA disclosure for third party 
and collect calls as well as calling card calls;
    (ii) LECs will presume that unlisted and nonpublished end users 
consent to disclosure and use of their BNA if customers do not 
affirmatively request that their BNA not be disclosed; and
    (iii) The presumption in favor of consent for disclosure will begin 
30 days after customers receive notice.
    (3) No local exchange carrier shall disclose the billing name and 
address information associated with any calling card call made by any 
subscriber who has affirmatively withheld consent for disclosure of BNA 
information, or for any third party or collect call charged to any 
subscriber who has affirmatively withheld consent for disclosure of BNA 
information.

[53 FR 36145, July 6, 1993, as amended at 58 FR 65671, Dec. 16, 1993; 61 
FR 8880, Mar. 6, 1996]



Sec.  64.1202  Public safety answering point do-not-call registry.

    (a) As used in this section, the following terms are defined as:
    (1) Operators of automatic dialing or robocall equipment. Any person 
or entity who uses an automatic telephone dialing system, as defined in 
section 227(a)(1) of the Communications Act of 1934, as amended, to make 
telephone calls with such equipment.
    (2) Public Safety Answering Point (PSAP). A facility that has been 
designated to receive emergency calls and route them to emergency 
service personnel pursuant to section 222(h)(4) of the Communications 
Act of 1934, as amended. As used in this section, this term includes 
both primary and secondary PSAPs.
    (3) Emergency purpose. A call made necessary in any situation 
affecting the health and safety of any person.
    (b) PSAP numbers and registration. Each PSAP may designate a 
representative who shall be required to file a certification with the 
administrator of the PSAP registry, under penalty of law, that they are 
authorized and eligible to place numbers onto the PSAP Do-Not-Call 
registry on behalf of that PSAP. The designated PSAP representative 
shall provide contact information, including the PSAP represented, 
contact name, title, address, telephone number, and email address. 
Verified PSAPs shall be permitted to upload to the registry any PSAP 
telephone numbers associated with the provision of

[[Page 535]]

emergency services or communications with other public safety agencies. 
On an annual basis designated PSAP representatives shall access the 
registry, review their numbers placed on the registry to ensure that 
they remain eligible for inclusion on the registry, and remove 
ineligible numbers.
    (c) Prohibiting the use of autodialers to contact registered PSAP 
numbers. An operator of automatic dialing or robocall equipment is 
prohibited from using such equipment to contact any telephone number 
registered on the PSAP Do-Not-Call registry other than for an emergency 
purpose. This prohibition encompasses both voice and text calls.
    (d) Granting and tracking access to the PSAP registry. An operator 
of automatic dialing or robocall equipment may not obtain access or use 
the PSAP Do-Not-Call registry until it provides to the designated 
registry administrator contact information that includes the operator's 
name and all alternative names under which the registrant operates, a 
business address, a contact person, the contact person's telephone 
number, the operator's email address, and all outbound telephone numbers 
used to place autodialed calls, including both actual originating 
numbers and numbers that are displayed on caller identification 
services, and thereafter obtains a unique identification number or 
password from the designated registry administrator. All such contact 
information provided to the designated registry administrator must be 
updated within 30 days of any change to such information. In addition, 
an operator of automatic dialing equipment must certify when it accesses 
the registry, under penalty of law, that it is accessing the registry 
solely to prevent autodialed calls to numbers on the registry.
    (e) Accessing the registry. An operator of automatic dialing 
equipment or robocall equipment shall, to prevent such calls to any 
telephone number on the registry, access and employ a version of the 
PSAP Do-Not-Call registry obtained from the registry administrator no 
more than 31 days prior to the date any call is made, and shall maintain 
records documenting this process. It shall not be a violation of 
paragraph (c) of this section to contact a number added to the registry 
subsequent to the last required access to the registry by operators of 
automatic dialing or robocall equipment.
    (f) Restrictions on disclosing or dissemination of the PSAP 
registry. No person or entity, including an operator of automatic 
dialing equipment or robocall equipment, may sell, rent, lease, 
purchase, share, or use the PSAP Do-Not-Call registry, or any part 
thereof, for any purpose except to comply with this section and any such 
state or Federal law enacted to prevent autodialed calls to telephone 
numbers in the PSAP registry.

[77 FR 71137, Nov. 29, 2012]



Sec.  64.1203  --Consortium registration process.

    (a) The Enforcement Bureau shall issue a public notice no later than 
April 28 annually seeking registration of a single consortium that 
conducts private-led efforts to trace back the origin of suspected 
unlawful robocalls.
    (b) Except as provided in paragraph (c) of this section, an entity 
that seeks to register as the single consortium that conducts private-
led efforts to trace back the origin of suspected unlawful robocalls 
must submit a letter and associated documentation in response to the 
public notice issued pursuant to paragraph (a) of this section. In the 
letter, the entity must:
    (1) Demonstrate that the consortium is a neutral third party 
competent to manage the private-led effort to trace back the origin of 
suspected unlawful robocalls;
    (2) Include a copy of the consortium's written best practices, with 
an explanation thereof, regarding the management of its traceback 
efforts and regarding voice service providers' participation in the 
consortium's efforts to trace back the origin of suspected unlawful 
robocalls;
    (3) Certify that, consistent with section 222(d)(2) of the 
Communications Act of 1934, as amended, the consortium's efforts will 
focus on fraudulent, abusive, or unlawful traffic;
    (4) Certify that the consortium has notified the Commission that it 
intends to conduct traceback efforts of

[[Page 536]]

suspected unlawful robocalls in advance of registration as the single 
consortium; and
    (5) Certify that, if selected to be the registered consortium, it 
will:
    (i) Remain in compliance with the requirements of paragraphs (b)(1) 
through (4) of this section;
    (ii) Conduct an annual review to ensure compliance with the 
requirements set forth in paragraphs (b)(1) through (4) of this section; 
and
    (iii) Promptly notify the Commission of any changes that reasonably 
bear on its certification.
    (c) The entity selected to be the registered consortium will not be 
required to file the letter mandated in paragraph (b) of this section in 
subsequent years after the consortium's initial registration. The 
registered consortium's initial certifications, required by paragraph 
(b) of this section, will continue for the duration of each subsequent 
year unless the registered consortium notifies the Commission otherwise 
in writing on or before the date for filing letters set forth in the 
annual public notice issued pursuant to paragraph (a) of this section.
    (d) The current registered consortium shall continue its traceback 
efforts until the effective date of the selection of any new registered 
consortium.

[85 FR 21798, Apr. 20, 2020]



Sec.  64.1204  Private entity submissions of robocall violations.

    (a) Any private entity may submit to the Enforcement Bureau 
information related to a call made or a text message sent that the 
private entity has reason to believe was in violation of Sec.  
64.1200(a) or 47 U.S.C. 227(b).
    (b) For the purposes of this section, the term ``private entity'' 
shall mean any entity other than a natural individual person or a public 
entity.

[86 FR 52843, Sept. 23, 2021, as amended at 87 FR 67827, Nov. 10, 2022]



                 Subpart M_Provision of Payphone Service



Sec.  64.1300  Payphone compensation obligation.

    (a) For purposes of this subpart, a Completing Carrier is a long 
distance carrier or switch-based long distance reseller that completes a 
coinless access code or subscriber toll-free payphone call or a local 
exchange carrier that completes a local, coinless access code or 
subscriber toll-free payphone call.
    (b) Except as provided herein, a Completing Carrier that completes a 
coinless access code or subscriber toll-free payphone call from a switch 
that the Completing Carrier either owns or leases shall compensate the 
payphone service provider for that call at a rate agreed upon by the 
parties by contract.
    (c) The compensation obligation set forth herein shall not apply to 
calls to emergency numbers, calls by hearing disabled persons to a 
telecommunications relay service or local calls for which the caller has 
made the required coin deposit.
    (d) In the absence of an agreement as required by paragraph (b) of 
this section, the carrier is obligated to compensate the payphone 
service provider at a per-call rate of $.494.

[71 FR 3014, Jan. 19, 2006]



Sec.  64.1301  Per-payphone compensation.

    In the absence of a negotiated agreement to pay a different amount, 
each entity listed in Appendix C of the Fifth Order on Reconsideration 
and Order on Remand in CC Docket No. 96-128, FCC 02-292, must pay 
default compensation to payphone service providers for access code calls 
and payphone subscriber 800 calls for the period beginning April 21, 
1999, in the amount listed in Appendix C for any payphone for any month 
during which per-call compensation for that payphone for that month was 
or is not paid by the listed entity. A complete copy of Appendix C is 
available at www.fcc.gov.

[83 FR 11428, Mar. 15, 2018]

[[Page 537]]



Sec.  64.1310  Payphone compensation procedures.

    (a) Unless the payphone service provider consents to an alternative 
compensation arrangement, each Completing Carrier identified in Sec.  
64.1300(a) shall compensate the payphone service provider in accordance 
with paragraphs (a)(1) through (a)(4) of this section. A payphone 
service provider may not unreasonably withhold its consent to an 
alternative compensation arrangement.
    (1) Each Completing Carrier shall establish a call tracking system 
that accurately tracks coinless access code or subscriber toll-free 
payphone calls to completion.
    (2) Each Completing Carrier shall pay compensation to payphone 
service providers on a quarterly basis for each completed payphone call 
identified in the Completing Carrier's quarterly report required by 
paragraph (a)(4) of this section.
    (3) When payphone compensation is tendered for a quarter, a company 
official with the authority to bind the Completing Carrier shall submit 
to each payphone service provider to which compensation is tendered a 
sworn statement that the payment amount for that quarter is accurate and 
is based on 100% of all completed calls that originated from that 
payphone service provider's payphones. Instead of transmitting 
individualized statements to each payphone service provider, a 
Completing Carrier may provide a single, blanket sworn statement 
addressed to all payphone service providers to which compensation is 
tendered for that quarter and may notify the payphone service providers 
of the sworn statement through any electronic method, including 
transmitting the sworn statement with the Sec.  64.1310(a)(4) quarterly 
report, or posting the sworn statement on the Completing Carrier or 
clearinghouse website. If a Completing Carrier chooses to post the sworn 
statement on its website, the Completing Carrier shall state in its 
Sec.  64.1310(a)(4) quarterly report the web address of the sworn 
statement.
    (4) At the conclusion of each quarter, the Completing Carrier shall 
submit to the payphone service provider, in computer readable format, a 
report on that quarter that includes:
    (i) A list of the toll-free and access numbers dialed and completed 
by the Completing Carrier from each of that payphone service provider's 
payphones and the ANI for each payphone;
    (ii) The volume of calls for each number identified in paragraph 
(a)(4)(i) of this section that were completed by the Completing Carrier;
    (iii) The name, address, and phone number of the person or persons 
responsible for handling the Completing Carrier's payphone compensation; 
and
    (iv) The carrier identification code (``CIC'') of all facilities-
based long distance carriers that routed calls to the Completing 
Carrier, categorized according to the list of toll-free and access code 
numbers identified in paragraph (a)(4)(i) of this section.
    (b) For purposes of this subpart, an Intermediate Carrier is a 
facilities-based long distance carrier that switches payphone calls to 
other facilities-based long distance carriers.
    (c) Unless the payphone service provider agrees to other reporting 
arrangements, each Intermediate Carrier shall provide the payphone 
service provider with quarterly reports, in computer readable format, 
that include:
    (1) A list of all the facilities-based long distance carriers to 
which the Intermediate Carrier switched toll-free and access code calls 
dialed from each of that payphone service provider's payphones;
    (2) For each facilities-based long distance carrier identified in 
paragraph (c)(1) of this section, a list of the toll-free and access 
code numbers dialed from each of that payphone service provider's 
payphones that all local exchange carriers have delivered to the 
Intermediate Carrier and that the Intermediate Carrier switched to the 
identified facilities-based long distance carrier;
    (3) The volume of calls for each number identified in paragraph 
(c)(2) of this section that the Intermediate Carrier has received from 
each of that payphone service provider's payphones, identified by their 
ANIs, and switched to each facilities-based long distance carrier 
identified in paragraph (c)(1) of this section; and

[[Page 538]]

    (4) The name, address and telephone number and other identifying 
information of the person or persons for each facilities-based long 
distance carrier identified in paragraph (c)(1) of this section who 
serves as the Intermediate Carrier's contact at each identified 
facilities-based long distance carrier.
    (d) Local Exchange Carriers must provide to carriers required to pay 
compensation pursuant to Sec.  64.1300(a) a list of payphone numbers in 
their service areas. The list must be provided on a quarterly basis. 
Local Exchange Carriers must verify disputed numbers in a timely manner, 
and must maintain verification data for 18 months after close of the 
compensation period.
    (e) Local Exchange Carriers must respond to all carrier requests for 
payphone number verification in connection with the compensation 
requirements herein, even if such verification is a negative response.
    (f) A payphone service provider that seeks compensation for 
payphones that are not included on the Local Exchange Carrier's list 
satisfies its obligation to provide alternative reasonable verification 
to a payor carrier if it provides to that carrier:
    (1) A notarized affidavit attesting that each of the payphones for 
which the payphone service provider seeks compensation is a payphone 
that was in working order as of the last day of the compensation period; 
and
    (2) Corroborating evidence that each such payphone is owned by the 
payphone service provider seeking compensation and was in working order 
on the last day of the compensation period. Corroborating evidence shall 
include, at a minimum, the telephone bill for the last month of the 
billing quarter indicating use of a line screening service.
    (g) Each Completing Carrier and each Intermediate Carrier must 
maintain verification data to support the quarterly reports submitted 
pursuant to paragraphs (a)(4) and (c) of this section for 27 months 
after the close of that quarter. This data must include the time and 
date that each call identified in paragraphs (a)(4) and (c) of this 
section was made. This data must be provided to the payphone service 
provider upon request.

[68 FR 62755, Nov. 6, 2003, as amended at 70 FR 722, Jan. 5, 2005; 83 FR 
11428, Mar. 15, 2018]



Sec.  64.1330  State review of payphone entry and exit
regulations and public interest payphones.

    (a) Each state must review and remove any of its regulations 
applicable to payphones and payphone service providers that impose 
market entry or exit requirements.
    (b) Each state must ensure that access to dialtone, emergency calls, 
and telecommunications relay service calls for the hearing disabled is 
available from all payphones at no charge to the caller.
    (c) Each state must review its rules and policies to determine 
whether it has provided for public interest payphones consistent with 
applicable Commission guidelines, evaluate whether it needs to take 
measures to ensure that such payphones will continue to exist in light 
of the Commission's implementation of Section 276 of the Communications 
Act, and administer and fund such programs so that such payphones are 
supported fairly and equitably.

[61 FR 52323, Oct. 7, 1996, as amended at 71 FR 65751, Nov. 9, 2006]



Sec.  64.1340  Right to negotiate.

    Unless prohibited by Commission order, payphone service providers 
have the right to negotiate with the location provider on the location 
provider's selecting and contracting with, and, subject to the terms of 
any agreement with the location provider, to select and contract with, 
the carriers that carry interLATA and intraLATA calls from their 
payphones.

[61 FR 52323, Oct. 7, 1996]



                   Subpart N_Expanded Interconnection



Sec.  64.1401  Expanded interconnection.

    (a) Every local exchange carrier 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 of this

[[Page 539]]

chapter, shall offer expanded interconnection for interstate special 
access services at their central offices that are classified as end 
offices or serving wire centers, and at other rating points used for 
interstate special access.
    (b) The local exchange carriers specified in paragraph (a) of this 
section shall offer expanded interconnection for interstate switched 
transport services:
    (1) In their central offices that are classified as end offices or 
serving wire centers, as well as at all tandem offices housed in 
buildings containing such carriers' end offices or serving wire centers 
for which interstate switched transport expanded interconnection has 
been tariffed;
    (2) Upon bona fide request, in tandem offices housed in buildings 
not containing such carriers' end offices or serving wire centers, or in 
buildings containing the carriers' end offices or serving wire centers 
for which interstate switched transport expanded interconnection has not 
been tariffed; and
    (3) Upon bona fide request, at remote nodes/switches that serve as 
rating points for interstate switched transport and that are capable of 
routing outgoing interexchange access traffic to interconnectors and in 
which interconnectors can route terminating traffic to such carriers. No 
such carrier is required to enhance remote nodes/switches or to build 
additional space to accommodate interstate switched transport expanded 
interconnection at these locations.
    (c) The local exchange carriers specified in paragraph (a) of this 
section shall offer expanded interconnection for interstate special 
access and switched transport services through virtual collocation, 
except that they may offer physical collocation, instead of virtual 
collocation, in specific central offices, as a service subject to non-
streamlined communications common carrier regulation under Title II of 
the Communications Act (47 U.S.C. 201-228).
    (d) For the purposes of this subpart, physical collocation means an 
offering that enables interconnectors:
    (1) To place their own equipment needed to terminate basic 
transmission facilities, including optical terminating equipment and 
multiplexers, within or upon the local exchange carrier's central office 
buildings;
    (2) To use such equipment to connect interconnectors' fiber optic 
systems or microwave radio transmission facilities (where reasonably 
feasible) with the local exchange carrier's equipment and facilities 
used to provide interstate special access services;
    (3) To enter the local exchange carrier's central office buildings, 
subject to reasonable terms and conditions, to install, maintain, and 
repair the equipment described in paragraph (d)(1) of this section; and
    (4) To obtain reasonable amounts of space in central offices for the 
equipment described in paragraph (d)(1) of this section, allocated on a 
first-come, first-served basis.
    (e) For purposes of this subpart, virtual collocation means an 
offering that enables interconnectors:
    (1) To designate or specify equipment needed to terminate basic 
transmission facilities, including optical terminating equipment and 
multiplexers, to be located within or upon the local exchange carrier's 
buildings, and dedicated to such interconnectors' use,
    (2) To use such equipment to connect interconnectors' fiber optic 
systems or microwave radio transmission facilities (where reasonably 
feasible) with the local exchange carrier's equipment and facilities 
used to provide interstate special and switched access services, and
    (3) To monitor and control their communications channels terminating 
in such equipment.
    (f) Under both physical collocation offering and virtual collocation 
offerings for expanded interconnection of fiber optic facilities, local 
exchange carriers shall provide:
    (1) An interconnection point or points at which the fiber optic 
cable carrying an interconnectors' circuits can enter each local 
exchange carrier location, provided that the local exchange carrier 
shall designate interconnection points as close as reasonably possible 
to each location; and
    (2) At least two such interconnection points at any local exchange 
carrier location at which there are at least two

[[Page 540]]

entry points for the local exchange carrier's cable facilities, and 
space is available for new facilities in at least two of those entry 
points.
    (g) The local exchange carriers specified in paragraph (a) of this 
section shall offer signalling for tandem switching, as defined in Sec.  
69.2(vv) of this chapter, at central offices that are classified as 
equal office end offices or serving wire centers, or at signal transfer 
points if such information is offered via common channel signalling.

[57 FR 54331, Nov. 18, 1992, as amended at 58 FR 48762, Sept. 17, 1993; 
59 FR 32930, June 27, 1994; 59 FR 38930, Aug. 1, 1994]



Sec.  64.1402  Rights and responsibilities of interconnectors.

    (a) For the purposes of this subpart, an interconnector means a 
party taking expanded interconnection offerings. Any party shall be 
eligible to be an interconnector.
    (b) Interconnectors shall have the right, under expanded 
interconnection, to interconnect their fiber optic systems and, where 
reasonably feasible, their microwave transmission facilities.
    (c) Interconnectors shall not be allowed to use interstate special 
access expanded interconnection offerings to connect their transmission 
facilities with the local exchange carrier's interstate switched 
services until that local exchange carrier's tariffs implementing 
expanded interconnection for switched transport have become effective.

[57 FR 54331, Nov. 18, 1992, as amended at 61 FR 43160, Aug. 21, 1996]



    Subpart O_Interstate Pay-Per-Call and Other Information Services

    Source: 58 FR 44773, Aug. 25, 1993, unless otherwise noted.



Sec.  64.1501  Definitions.

    For purposes of this subpart, the following definitions shall apply:
    (a) Pay-per-call service means any service:
    (1) In which any person provides or purports to provide:
    (i) Audio information or audio entertainment produced or packaged by 
such person;
    (ii) Access to simultaneous voice conversation services; or
    (iii) Any service, including the provision of a product, the charges 
for which are assessed on the basis of the completion of the call;
    (2) For which the caller pays a per-call or per-time-interval charge 
that is greater than, or in addition to, the charge for transmission of 
the call; and
    (3) Which is accessed through use of a 900 number;
    (4) Provided, however, such term does not include directory services 
provided by a common carrier or its affiliate or by a local exchange 
carrier or its affiliate, or any service for which users are assessed 
charges only after entering into a presubscription or comparable 
arrangement with the provider of such service.
    (b) Presubscription or comparable arrangement means a contractual 
agreement in which:
    (1) The service provider clearly and conspicuously discloses to the 
consumer all material terms and conditions associated with the use of 
the service, including the service provider's name and address, a 
business telephone number which the consumer may use to obtain 
additional information or to register a complaint, and the rates for the 
service;
    (2) The service provider agrees to notify the consumer of any future 
rate changes;
    (3) The consumer agrees to use the service on the terms and 
conditions disclosed by the service provider; and
    (4) The service provider requires the use of an identification 
number or other means to prevent unauthorized access to the service by 
nonsubscribers;
    (5) Provided, however, that disclosure of a credit, prepaid account, 
debit, charge, or calling card number, along with authorization to bill 
that number, made during the course of a call to an information service 
shall constitute a presubscription or comparable arrangement if an 
introductory message containing the information specified in Sec.  
64.1504(c)(2) is provided prior to, and independent of, assessment of 
any charges. No other action taken by a

[[Page 541]]

consumer during the course of a call to an information service, for 
which charges are assessed, can create a presubscription or comparable 
arrangement.
    (6) Provided, that a presubscription arrangement to obtain 
information services provided by means of a toll-free number shall 
conform to the requirements of Sec.  64.1504(c).
    (c) Calling card means an identifying number or code unique to the 
individual, that is issued to the individual by a common carrier and 
enables the individual to be charged by means of a phone bill for 
charges incurred independent of where the call originates.

[61 FR 39087, July 26, 1996]



Sec.  64.1502  Limitations on the provision of pay-per-call services.

    Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call service shall require, by contract or tariff, 
that such provider comply with the provisions of this subpart and of 
titles II and III of the Telephone Disclosure and Dispute Resolution Act 
(Pub. L. No. 102-556) (TDDRA) and the regulations prescribed by the 
Federal Trade Commission pursuant to those titles.



Sec.  64.1503  Termination of pay-per-call and other information programs.

    (a) Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call service shall specify by contract or tariff that 
pay-per-call programs not in compliance with Sec.  64.1502 shall be 
terminated following written notice to the information provider. The 
information provider shall be afforded a period of no less than seven 
and no more than 14 days during which a program may be brought into 
compliance. Programs not in compliance at the expiration of such period 
shall be terminated immediately.
    (b) Any common carrier providing transmission or billing and 
collection services to a provider of interstate information service 
through any 800 telephone number, or other telephone number advertised 
or widely understood to be toll-free, shall promptly investigate any 
complaint that such service is not provided in accordance with Sec.  
64.1504 or Sec.  64.1510(c), and, if the carrier reasonably determines 
that the complaint is valid, may terminate the provision of service to 
an information provider unless the provider supplies evidence of a 
written agreement that meets the requirements of this Sec.  
64.1504(c)(1).

[61 FR 39087, July 26, 1996]



Sec.  64.1504  Restrictions on the use of toll-free numbers.

    A common carrier shall prohibit by tariff or contract the use of any 
800 telephone number, or other telephone number advertised or widely 
understood to be toll-free, in a manner that would result in:
    (a) The calling party or the subscriber to the originating line 
being assessed, by virtue of completing the call, a charge for a call;
    (b) The calling party being connected to a pay-per-call service;
    (c) The calling party being charged for information conveyed during 
the call unless:
    (1) The calling party has a written agreement (including an 
agreement transmitted through electronic medium) that specifies the 
material terms and conditions under which the information is offered and 
includes:
    (i) The rate at which charges are assessed for the information;
    (ii) The information provider's name;
    (iii) The information provider's business address;
    (iv) The information provider's regular business telephone number;
    (v) The information provider's agreement to notify the subscriber at 
least one billing cycle in advance of all future changes in the rates 
charged for the information;
    (vi) The subscriber's choice of payment method, which may be by 
direct remit, debit, prepaid account, phone bill, or credit or calling 
card and, if a subscriber elects to pay by means of phone bill, a clear 
explanation that the subscriber will be assessed for calls made to the 
information service from the subscriber's phone line;
    (vii) A unique personal identification number or other subscriber-
specific identifier that must be used to obtain access to the 
information service and

[[Page 542]]

instructions on its use, and, in addition, assures that any charges for 
services accessed by use of the subscriber's personal identification 
number or subscriber-specific identifier be assessed to subscriber's 
source of payment elected pursuant to paragraph (c)(1)(vi) of this 
section; or
    (2) The calling party is charged for the information by means of a 
credit, prepaid, debit, charge, or calling card and the information 
service provider includes in response to each call an introductory 
message that:
    (i) Clearly states that there is a charge for the call;
    (ii) Clearly states the service's total cost per minute and any 
other fees for the service or for any service to which the caller may be 
transferred;
    (iii) Explains that the charges must be billed on either a credit, 
prepaid, debit, charge, or calling card;
    (iv) Asks the caller for the card number;
    (v) Clearly states that charges for the call begin at the end of the 
introductory message; and
    (vi) Clearly states that the caller can hang up at or before the end 
of the introductory message without incurring any charge whatsoever.
    (d) The calling party being called back collect for the provision of 
audio or data information services, simultaneous voice conversation 
services, or products; and
    (e) The calling party being assessed by virtue of the caller being 
asked to connect or otherwise transfer to a pay-per-call service, a 
charge for the call.
    (f) Provided, however, that:
    (1) Notwithstanding paragraph (c)(1) of this section, a written 
agreement that meets the requirements of that paragraph is not required 
for:
    (i) Calls utilizing telecommunications devices for the deaf;
    (ii) Directory services provided by a common carrier or its 
affiliate or by a local exchange carrier or its affiliate; or
    (iii) Any purchase of goods or of services that are not information 
services.
    (2) The requirements of paragraph (c)(2) of this section shall not 
apply to calls from repeat callers using a bypass mechanism to avoid 
listening to the introductory message: Provided, That information 
providers shall disable such a bypass mechanism after the institution of 
any price increase for a period of time determined to be sufficient by 
the Federal Trade Commission to give callers adequate and sufficient 
notice of a price increase.

[61 FR 39087, July 26, 1996, as amended at 69 FR 61154, Oct. 15, 2004]



Sec.  64.1505  Restrictions on collect telephone calls.

    (a) No common carrier shall provide interstate transmission or 
billing and collection services to an entity offering any service within 
the scope of Sec.  64.1501(a)(1) that is billed to a subscriber on a 
collect basis at a per-call or per-time-interval charge that is greater 
than, or in addition to, the charge for transmission of the call.
    (b) No common carrier shall provide interstate transmission services 
for any collect information services billed to a subscriber at a 
tariffed rate unless the called party has taken affirmative action 
clearly indicating that it accepts the charges for the collect service.



Sec.  64.1506  Number designation.

    Any interstate service described in Sec.  64.1501(a)(1)-(2), and not 
subject to the exclusions contained in Sec.  64.1501(a)(4), shall be 
offered only through telephone numbers beginning with a 900 service 
access code.

[59 FR 46770, Sept. 12, 1994]



Sec.  64.1507  Prohibition on disconnection or interruption
of service for failure to remit pay-per-call and similar service charges.

    No common carrier shall disconnect or interrupt in any manner, or 
order the disconnection or interruption of, a telephone subscriber's 
local exchange or long distance telephone service as a result of that 
subscriber's failure to pay:
    (a) Charges for interstate pay-per-call service;
    (b) Charges for interstate information services provided pursuant to 
a presubscription or comparable arrangement; or
    (c) Charges for interstate information services provided on a 
collect

[[Page 543]]

basis which have been disputed by the subscriber.

[58 FR 44773, Aug. 25, 1993, as amended at 59 FR 46770, Sept. 12, 1994]



Sec.  64.1508  Blocking access to 900 service.

    (a) Local exchange carriers must offer to their subscribers, where 
technically feasible, an option to block access to services offered on 
the 900 service access code. Blocking is to be offered at no charge, on 
a one-time basis, to:
    (1) All telephone subscribers during the period from November 1, 
1993 through December 31, 1993; and
    (2) Any subscriber who subscribes to a new telephone number for a 
period of 60 days after the new number is effective.
    (b) For blocking requests not within the one-time option or outside 
the time frames specified in paragraph (a) of this section, and for 
unblocking requests, local exchange carriers may charge a reasonable 
one-time fee. Requests by subscribers to remove 900 services blocking 
must be in writing.
    (c) The terms and conditions under which subscribers may obtain 900 
services blocking are to be included in tariffs filed with this 
Commission.



Sec.  64.1509  Disclosure and dissemination of pay-per-call information.

    (a) Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call services shall make readily available, at no 
charge, to Federal and State agencies and all other interested persons:
    (1) A list of the telephone numbers for each of the pay-per-call 
services it carries;
    (2) A short description of each such service;
    (3) A statement of the total cost or the cost per minute and any 
other fees for each such service; and
    (4) A statement of the pay-per-call service provider's name, 
business address, and business telephone number.
    (b) Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call services and offering billing and collection 
services to such provider shall:
    (1) Establish a local or toll-free telephone number to answer 
questions and provide information on subscribers' rights and obligations 
with regard to their use of pay-per-call services and to provide to 
callers the name and mailing address of any provider of pay-per-call 
services offered by that carrier; and
    (2) Provide to all its telephone subscribers, either directly or 
through contract with any local exchange carrier providing billing and 
collection services to that carrier, a disclosure statement setting 
forth all rights and obligations of the subscriber and the carrier with 
respect to the use and payment of pay-per-call services. Such statement 
must include the prohibition against disconnection of basic 
communications services for failure to pay pay-per-call charges 
established by Sec.  64.1507, the right of a subscriber to obtain 
blocking in accordance with Sec.  64.1508, the right of a subscriber not 
to be billed for pay-per-call services not offered in compliance with 
federal laws and regulations established by Sec.  64.1510(a)(1), and the 
possibility that a subscriber's access to 900 services may be 
involuntarily blocked pursuant to Sec.  64.1512 for failure to pay 
legitimate pay-per-call charges. Disclosure statements must be forwarded 
to:
    (i) All telephone subscribers no later than 60 days after these 
regulations take effect;
    (ii) All new telephone subscribers no later than 60 days after 
service is established;
    (iii) All telephone subscribers requesting service at a new location 
no later than 60 days after service is established; and
    (iv) Thereafter, to all subscribers at least once per calendar year, 
at intervals of not less than 6 months nor more than 18 months.

[58 FR 44773, Aug. 25, 1993, as amended at 61 FR 55582, Oct. 28, 1996]



Sec.  64.1510  Billing and collection of pay-per-call and similar service charges.

    (a) Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call services and offering billing and collection 
services to such provider shall:

[[Page 544]]

    (1) Ensure that a subscriber is not billed for interstate pay-per-
call services that such carrier knows or reasonably should know were 
provided in violation of the regulations set forth in this subpart or 
prescribed by the Federal Trade Commission pursuant to titles II or III 
of the TDDRA or any other federal law;
    (2) In any billing to telephone subscribers that includes charges 
for any interstate pay-per-call service:
    (i) Include a statement indicating that:
    (A) Such charges are for non-communications services;
    (B) Neither local nor long distances services can be disconnected 
for non-payment although an information provider may employ private 
entities to seek to collect such charges;
    (C) 900 number blocking is available upon request; and
    (D) Access to pay-per-call services may be involuntarily blocked for 
failure to pay legitimate charges;
    (ii) Display any charges for pay-per-call services in a part of the 
bill that is identified as not being related to local and long distance 
telephone charges;
    (iii) Specify, for each pay-per-call charge made, the type of 
service, the amount of the charge, and the date, time, and, for calls 
billed on a time-sensitive basis, the duration of the call; and
    (iv) Identify the local or toll-free number established in 
accordance with Sec.  64.1509(b)(1).
    (b) Any common carrier offering billing and collection services to 
an entity providing interstate information services on a collect basis 
shall, to the extent possible, display the billing information in the 
manner described in paragraphs (a)(2)(i), (A), (B), (D) and (a)(2)(ii) 
of this section.
    (c) If a subscriber elects, pursuant to Sec.  64.1504(c)(1)(vi), to 
pay by means of a phone bill for any information service provided by 
through any 800 telephone number, or other telephone number advertised 
or widely understood to be toll-free, the phone bill shall:
    (1) Include, in prominent type, the following disclaimer: ``Common 
carriers may not disconnect local or long distance telephone service for 
failure to pay disputed charges for information services;'' and
    (2) Clearly list the 800 or other toll-free number dialed.

[58 FR 44773, Aug. 25, 1993, as amended at 59 FR 46771, Sept. 12, 1994; 
61 FR 39088, July 26, 1996]



Sec.  64.1511  Forgiveness of charges and refunds.

    (a) Any carrier assigning a telephone number to a provider of 
interstate pay-per-call services or providing transmission for 
interstate information services provided pursuant to a presubscription 
or comparable arrangement or on a collect basis, and providing billing 
and collection for such services, shall establish procedures for the 
handling of subscriber complaints regarding charges for those services. 
A billing carrier is afforded discretion to set standards for 
determining when a subscriber's complaint warrants forgiveness, refund 
or credit of interstate pay-per-call or information services charges 
provided that such charges must be forgiven, refunded, or credited when 
a subscriber has complained about such charges and either this 
Commission, the Federal Trade Commission, or a court of competent 
jurisdiction has found or the carrier has determined, upon 
investigation, that the service has been offered in violation of federal 
law or the regulations that are either set forth in this subpart or 
prescribed by the Federal Trade Commission pursuant to titles II or III 
of the TDDRA. Carriers shall observe the record retention requirements 
set forth in Sec.  42.6 of this chapter except that relevant records 
shall be retained by carriers beyond the requirements of part 42 of this 
chapter when a complaint is pending at the time the specified retention 
period expires.
    (b) Any carrier assigning a telephone number to a provider of 
interstate pay-per-call services but not providing billing and 
collection services for such services, shall, by tariff or contract, 
require that the provider and/or its billing and collection agents have 
in place procedures whereby, upon complaint, pay-per-call charges may be 
forgiven, refunded, or credited, provided that such charges must be 
forgiven, refunded, or credited when a subscriber

[[Page 545]]

has complained about such charges and either this Commission, the 
Federal Trade Commission, or a court of competent jurisdiction has found 
or the carrier has determined, upon investigation, that the service has 
been offered in violation of federal law or the regulations that are 
either set forth in this subpart or prescribed by the Federal Trade 
Commission pursuant to titles II or III of the TDDRA.

[58 FR 44773, Aug. 25, 1993, as amended at 59 FR 46771, Sept. 12, 1994]



Sec.  64.1512  Involuntary blocking of pay-per-call services.

    Nothing in this subpart shall preclude a common carrier or 
information provider from blocking or ordering the blocking of its 
interstate pay-per-call programs from numbers assigned to subscribers 
who have incurred, but not paid, legitimate pay-per-call charges, except 
that a subscriber who has filed a complaint regarding a particular pay-
per-call program pursuant to procedures established by the Federal Trade 
Commission under title III of the TDDRA shall not be involuntarily 
blocked from access to that program while such a complaint is pending. 
This restriction is not intended to preclude involuntary blocking when a 
carrier or IP has decided in one instance to sustain charges against a 
subscriber but that subscriber files additional separate complaints.



Sec.  64.1513  Verification of charitable status.

    Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call services that the carrier knows or reasonably 
should know is engaged in soliciting charitable contributions shall 
obtain verification that the entity or individual for whom contributions 
are solicited has been granted tax exempt status by the Internal Revenue 
Service.



Sec.  64.1514  Generation of signalling tones.

    No common carrier shall assign a telephone number for any pay-per-
call service that employs broadcast advertising which generates the 
audible tones necessary to complete a call to a pay-per-call service.



Sec.  64.1515  Recovery of costs.

    No common carrier shall recover its cost of complying with the 
provisions of this subpart from local or long distance ratepayers.



            Subpart P_Calling Party Telephone Number; Privacy

    Source: 59 FR 18319, Apr. 18, 1994, unless otherwise noted.



Sec.  64.1600  Definitions.

    (a) Aggregate information. The term ``aggregate information'' means 
collective data that relate to a group or category of services or 
customers, from which individual customer identities or characteristics 
have been removed.
    (b) ANI. The term ``ANI'' (automatic number identification) refers 
to the delivery of the calling party's billing number by a local 
exchange carrier to any interconnecting carrier for billing or routing 
purposes, and to the subsequent delivery of such number to end users.
    (c) Caller identification information. The term ``caller 
identification information'' means information provided by a caller 
identification service regarding the telephone number of, or other 
information regarding the origination of, a call made using a voice 
service or a text message sent using a text messaging service.
    (d) Caller identification service. The term ``caller identification 
service'' means any service or device designed to provide the user of 
the service or device with the telephone number of, or other information 
regarding the origination of, a call made using a voice service or a 
text message sent using a text messaging service.
    (e) Calling party number. The term ``Calling Party Number'' refers 
to the subscriber line number or the directory number contained in the 
calling party number parameter of the call set-up message associated 
with an interstate call on a Signaling System 7 network.
    (f) Charge number. The term ``charge number'' refers to the delivery 
of the calling party's billing number in a Signaling System 7 
environment by a

[[Page 546]]

local exchange carrier to any interconnecting carrier for billing or 
routing purposes, and to the subsequent delivery of such number to end 
users.
    (g) Information regarding the origination. The term ``information 
regarding the origination'' means any:
    (1) Telephone number;
    (2) Portion of a telephone number, such as an area code;
    (3) Name;
    (4) Location information;
    (5) Billing number information, including charge number, ANI, or 
pseudo-ANI; or
    (6) Other information regarding the source or apparent source of a 
telephone call.
    (h) Interconnected VoIP service. The term ``interconnected VoIP 
service'' has the same meaning given the term ``interconnected VoIP 
service'' in 47 CFR 9.3 as it currently exists or may hereafter be 
amended.
    (i) Intermediate provider. The term ``intermediate provider'' means 
any entity that carries or processes traffic that traverses or will 
traverse the public switched telephone network (PSTN) at any point 
insofar as that entity neither originates nor terminates that traffic.
    (j) N11 service code. For purposes of this subpart, the term ``N11 
service code'' means an abbreviated dialing code that allows telephone 
users to connect with a particular node in the network by dialing only 
three digits, of which the first digit is any digit other than `1' or 
`0', and each of the last two digits is `1'.
    (k) Multimedia message service (MMS). The term ``multimedia message 
service'' or MMS refers to a wireless messaging service that is an 
extension of the SMS protocol and can deliver a variety of media, and 
enables users to send pictures, videos, and attachments over wireless 
messaging channels.
    (l) Privacy indicator. The term ``privacy indicator'' refers to 
information, contained in the calling party number parameter of the call 
set-up message associated with an interstate call on an Signaling System 
7 network, that indicates whether the calling party authorizes 
presentation of the calling party number to the called party.
    (m) Short message service (SMS). The term ``short message service'' 
or SMS refers to a wireless messaging service that enables users to send 
and receive short text messages, typically 160 characters or fewer, to 
or from mobile phones and can support a host of applications.
    (n) Signaling System 7. The term ``Signaling System 7'' (SS7) refers 
to a carrier to carrier out-of-band signaling network used for call 
routing, billing and management.
    (o) Text message. The term ``text message'':
    (1) Means a message consisting of text, images, sounds, or other 
information that is transmitted to or from a device that is identified 
as the receiving or transmitting device by means of a 10-digit telephone 
number or N11 service code;
    (2) Includes a short message service (SMS) message, and a multimedia 
message service (MMS) message and
    (3) Does not include:
    (i) A real-time, two-way voice or video communication; or
    (ii) A message sent over an IP-enabled messaging service to another 
user of the same messaging service, except a message described in 
paragraph (o)(2) of this section.
    (p) Text messaging service. The term ``text messaging service'' 
means a service that enables the transmission or receipt of a text 
message, including a service provided as part of or in connection with a 
voice service.
    (q) Threatening call. The term ``threatening call'' is any call that 
conveys an emergency involving danger of death or serious physical 
injury to any person requiring disclosure without delay of information 
relating to the emergency.
    (r) Voice service. The term ``voice service'':
    (1) Means any service that is interconnected with the public 
switched telephone network and that furnishes voice communications to an 
end user using resources from the North American Numbering Plan or any 
successor to the North American Numbering Plan adopted by the Commission 
under section 251(e)(1) of the Communications Act of 1934, as amended; 
and

[[Page 547]]

    (2) Includes transmissions from a telephone facsimile machine, 
computer, or other device to a telephone facsimile machine.

[60 FR 29490, June 5, 1995, as amended at 76 FR 43205, July 20, 2011; 76 
FR 73882, Nov. 29, 2011; 82 FR 56917, Dec. 1, 2017; 84 FR 45678, Aug. 
30, 2019]



Sec.  64.1601  Delivery requirements and privacy restrictions.

    (a) Delivery. Except as provided in paragraphs (d) and (e) of this 
section:
    (1) Telecommunications carriers and providers of interconnected 
Voice over Internet Protocol (VoIP) services, in originating interstate 
or intrastate traffic on the public switched telephone network (PSTN) or 
originating interstate or intrastate traffic that is destined for the 
PSTN (collectively ``PSTN Traffic''), are required to transmit for all 
PSTN Traffic the telephone number received from or assigned to or 
otherwise associated with the calling party to the next provider in the 
path from the originating provider to the terminating provider. This 
provision applies regardless of the voice call signaling and 
transmission technology used by the carrier or VoIP provider. Entities 
subject to this provision that use Signaling System 7 (SS7) are required 
to transmit the calling party number (CPN) associated with all PSTN 
Traffic in the SS7 ISUP (ISDN User Part) CPN field to interconnecting 
providers, and are required to transmit the calling party's charge 
number (CN) in the SS7 ISUP CN field to interconnecting providers for 
any PSTN Traffic where CN differs from CPN. Entities subject to this 
provision who use multi-frequency (MF) signaling are required to 
transmit CPN, or CN if it differs from CPN, associated with all PSTN 
Traffic in the MF signaling automatic numbering information (ANI) field.
    (2) Intermediate providers within an interstate or intrastate call 
path that originates and/or terminates on the PSTN must pass unaltered 
to subsequent providers in the call path signaling information 
identifying the telephone number, or billing number, if different, of 
the calling party that is received with a call. This requirement applies 
to SS7 information including but not limited to CPN and CN, and also 
applies to MF signaling information or other signaling information 
intermediate providers receive with a call. This requirement also 
applies to VoIP signaling messages, such as calling party and charge 
information identifiers contained in Session Initiation Protocol (SIP) 
header fields, and to equivalent identifying information as used in 
other VoIP signaling technologies, regardless of the voice call 
signaling and transmission technology used by the carrier or VoIP 
provider.
    (b) Privacy. Except as provided in paragraph (d) of this section, 
originating carriers using Signaling System 7 and offering or 
subscribing to any service based on Signaling System 7 functionality 
will recognize *67 dialed as the first three digits of a call (or 1167 
for rotary or pulse dialing phones) as a caller's request that the CPN 
not be passed on an interstate call. Such carriers providing line 
blocking services will recognize *82 as a caller's request that the CPN 
be passed on an interstate call. No common carrier subscribing to or 
offering any service that delivers CPN may override the privacy 
indicator associated with an interstate call. Carriers must arrange 
their CPN-based services, and billing practices, in such a manner that 
when a caller requests that the CPN not be passed, a carrier may not 
reveal that caller's number or name, nor may the carrier use the number 
or name to allow the called party to contact the calling party. The 
terminating carrier must act in accordance with the privacy indicator 
unless the call is made to a called party that subscribes to an ANI or 
charge number based service and the call is paid for by the called 
party.
    (c) Charges. No common carrier subscribing to or offering any 
service that delivers calling party number may
    (1) Impose on the calling party charges associated with per call 
blocking of the calling party's telephone number, or
    (2) Impose charges upon connecting carriers for the delivery of the 
calling party number parameter or its associated privacy indicator.
    (d) Exemptions. Section 64.1601(a) and (b) shall not apply when:
    (1) A call originates from a payphone.

[[Page 548]]

    (2) A local exchange carrier with Signaling System 7 capability does 
not have the software to provide *67 or *82 functionalities. Such 
carriers are prohibited from passing CPN.
    (3) A Private Branch Exchange or Centrex system does not pass end 
user CPN. Centrex systems that rely on *6 or *8 for a function other 
than CPN blocking or unblocking, respectively, are also exempt if they 
employ alternative means of blocking or unblocking.
    (4) CPN delivery--
    (i) Is used solely in connection with calls within the same limited 
system, including (but not limited to) a Centrex system, virtual private 
network, or Private Branch Exchange;
    (ii) Is used on a public agency's emergency telephone line or in 
conjunction with 911 emergency services, on a telephone line to contact 
non-public emergency services licensed by the state or municipality, or 
on any entity's emergency assistance poison control telephone line; or
    (iii) Is provided in connection with legally authorized call tracing 
or trapping procedures specifically requested by a law enforcement 
agency.
    (e) Any person or entity that engages in telemarketing, as defined 
in section 64.1200(f)(10) must transmit caller identification 
information.
    (1) For purposes of this paragraph, caller identification 
information must include either CPN or ANI, and, when available by the 
telemarketer's carrier, the name of the telemarketer. It shall not be a 
violation of this paragraph to substitute (for the name and phone number 
used in, or billed for, making the call) the name of the seller on 
behalf of which the telemarketing call is placed and the seller's 
customer service telephone number. The telephone number so provided must 
permit any individual to make a do-not-call request during regular 
business hours.
    (2) Any person or entity that engages in telemarketing is prohibited 
from blocking the transmission of caller identification information.
    (3) Tax-exempt nonprofit organizations are not required to comply 
with this paragraph.
    (f) Paragraph (b) of this section shall not apply when CPN delivery 
is made in connection with a threatening call. Upon report of such a 
threatening call by law enforcement on behalf of the threatened party, 
the carrier will provide any CPN of the calling party to law enforcement 
and, as directed by law enforcement, to security personnel for the 
called party for the purpose of identifying the party responsible for 
the threatening call.
    (g) For law enforcement or security personnel of the called party 
investigating the threat:
    (1) The CPN on incoming restricted calls may not be passed on to the 
line called;
    (2) Any system used to record CPN must be operated in a secure way, 
limiting access to designated telecommunications and security personnel, 
as directed by law enforcement;
    (3) Telecommunications and security personnel, as directed by law 
enforcement, may access restricted CPN data only when investigating 
phone calls of a threatening and serious nature, and shall document that 
access as part of the investigative report;
    (4) Carriers transmitting restricted CPN information must take 
reasonable measures to ensure security of such communications;
    (5) CPN information must be destroyed in a secure manner after a 
reasonable retention period; and
    (6) Any violation of these conditions must be reported promptly to 
the Commission.

[60 FR 29490, June 5, 1995; 60 FR 54449, Oct. 24, 1995, as amended at 62 
FR 34015, June 24, 1997; 68 FR 44179, July 25, 2003; 71 FR 75122, Dec. 
14, 2006; 76 FR 73882, Nov. 29, 2011; 82 FR 56917, Dec. 1, 2017]



Sec.  64.1602  Restrictions on use and sale of telephone subscriber 
information provided pursuant to automatic number identification or
charge number services.

    (a) Any common carrier providing Automatic Number Identification or 
charge number services on interstate calls to any person shall provide 
such services under a contract or tariff containing telephone subscriber 
information requirements that comply with this subpart. Such 
requirements shall:
    (1) Permit such person to use the telephone number and billing 
information for billing and collection, routing,

[[Page 549]]

screening, and completion of the originating telephone subscriber's call 
or transaction, or for services directly related to the originating 
telephone subscriber's call or transaction;
    (2) Prohibit such person from reusing or selling the telephone 
number or billing information without first
    (i) Notifying the originating telephone subscriber and,
    (ii) Obtaining the affirmative consent of such subscriber for such 
reuse or sale; and,
    (3) Prohibit such person from disclosing, except as permitted by 
paragraphs (a) (1) and (2) of this section, any information derived from 
the automatic number identification or charge number service for any 
purpose other than
    (i) Performing the services or transactions that are the subject of 
the originating telephone subscriber's call,
    (ii) Ensuring network performance security, and the effectiveness of 
call delivery,
    (iii) Compiling, using, and disclosing aggregate information, and
    (iv) Complying with applicable law or legal process.
    (b) The requirements imposed under paragraph (a) of the section 
shall not prevent a person to whom automatic number identification or 
charge number services are provided from using
    (1) The telephone number and billing information provided pursuant 
to such service, and
    (2) Any information derived from the automatic number identification 
or charge number service, or from the analysis of the characteristics of 
a telecommunications transmission, to offer a product or service that is 
directly related to the products or services previously acquired by that 
customer from such person. Use of such information is subject to the 
requirements of 47 CFR 64.1200 and 64.1504(c).

[60 FR 29490, June 5, 1995]



Sec.  64.1603  Customer notification.

    Any common carrier participating in the offering of services 
providing calling party number, ANI, or charge number on interstate 
calls must notify its subscribers, individually or in conjunction with 
other carriers, that their telephone numbers may be identified to a 
called party. Such notification must be made not later than December 1, 
1995, and at such times thereafter as to ensure notice to subscribers. 
The notification must be effective in informing subscribers how to 
maintain privacy by dialing *67 (or 1167 for rotary or pulse-dialing 
phones) on interstate calls. The notice shall inform subscribers whether 
dialing *82 (or 1182 for rotary or pulse-dialing phones) on interstate 
calls is necessary to present calling party number to called parties. 
For ANI or charge number services for which such privacy is not 
provided, the notification shall inform subscribers of the restrictions 
on the reuse or sale of subscriber information.

[60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24, 1995]



Sec.  64.1604  Prohibition on transmission of inaccurate or misleading
caller identification information.

    (a) No person or entity in the United States, nor any person or 
entity outside the United States if the recipient is within the United 
States, shall, with the intent to defraud, cause harm, or wrongfully 
obtain anything of value, knowingly cause, directly, or indirectly, any 
caller identification service to transmit or display misleading or 
inaccurate caller identification information in connection with any 
voice service or text messaging service.
    (b)Paragraph (a) of this section shall not apply to:
    (1) Lawfully authorized investigative, protective, or intelligence 
activity of a law enforcement agency of the United States, a State, or a 
political subdivision of a State, or of an intelligence agency of the 
United States; or
    (2) Activity engaged in pursuant to a court order that specifically 
authorizes the use of caller identification manipulation.
    (c) A person or entity that blocks or seeks to block a caller 
identification service from transmitting or displaying that person or 
entity's own caller identification information pursuant to Sec.  
64.1601(b) of this part shall not be liable for violating the 
prohibition in paragraph (a) of this section. This paragraph (c) does 
not relieve any person or entity that engages in telemarketing, as 
defined in Sec.  64.1200(f)(10)

[[Page 550]]

of this part, of the obligation to transmit caller identification 
information under Sec.  64.1601(e).

[76 FR 43205, July 20, 2011, as amended at 84 FR 45678, Aug. 30, 2019]



Sec.  64.1605  Effective date.

    The provisions of Sec. Sec.  64.1600 and 64.1602 are effective April 
12, 1995. The provisions of Sec. Sec.  64.1601 and 64.1603 are effective 
December 1, 1995, except Sec. Sec.  64.1601 and 64.1603 do not apply to 
public payphones and partylines until January 1, 1997.

[60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24, 1995. Redesignated at 
76 FR 43205, July 20, 2011]



Sec.  64.1606  Private entity submissions of spoofing violations.

    (a) Any private entity may submit to the Enforcement Bureau 
information related to a call or text message that the private entity 
has reason to believe included misleading or inaccurate caller 
identification information in violation of Sec.  64.1604(a) or 47 U.S.C. 
227(e).
    (b) For the purposes of this section, the term ``private entity'' 
shall mean any entity other than a natural individual person or a public 
entity.

[86 FR 52843, Sept. 23, 2021, as amended at 87 FR 67827, Nov. 10, 2022]



Subpart Q_Implementation of Section 273(d)(5) of the Communications Act: 
            Dispute Resolution Regarding Equipment Standards

    Source: 61 FR 24903, May 17, 1996, unless otherwise noted.



Sec.  64.1700  Purpose and scope.

    The purpose of this subpart is to implement the Telecommunications 
Act of 1996 which amended the Communications Act by creating section 
273(d)(5), 47 U.S.C. 273(d)(5). Section 273(d) sets forth procedures to 
be followed by non-accredited standards development organizations when 
these organizations set industry-wide standards and generic requirements 
for telecommunications equipment or customer premises equipment. The 
statutory procedures allow outside parties to fund and participate in 
setting the organization's standards and require the organization and 
the parties to develop a process for resolving any technical disputes. 
In cases where all parties cannot agree to a mutually satisfactory 
dispute resolution process, section 273(d)(5) requires the Commission to 
prescribe a dispute resolution process.



Sec.  64.1701  Definitions.

    For purposes of this subpart, the terms accredited standards 
development organization, funding party, generic requirement, and 
industry-wide have the same meaning as found in 47 U.S.C. 273.



Sec.  64.1702  Procedures.

    If a non-accredited standards development organization (NASDO) and 
the funding parties are unable to agree unanimously on a dispute 
resolution process prior to publishing a text for comment pursuant to 47 
U.S.C. 273(d)(4)(A)(v), a funding party may use the default dispute 
resolution process set forth in section 64.1703.



Sec.  64.1703  Dispute resolution default process.

    (a) Tri-Partite Panel. Technical disputes governed by this section 
shall be resolved in accordance with the recommendation of a three-
person panel, subject to a vote of the funding parties in accordance 
with paragraph (b) of this section. Persons who participated in the 
generic requirements or standards development process are eligible to 
serve on the panel. The panel shall be selected and operate as follows:
    (1) Within two (2) days of the filing of a dispute with the NASDO 
invoking the dispute resolution default process, both the funding party 
seeking dispute resolution and the NASDO shall select a representative 
to sit on the panel;
    (2) Within four (4) days of their selection, the two panelists shall 
select a neutral third panel member to create a tri-partite panel;
    (3) The tri-partite panel shall, at a minimum, review the proposed 
text of the NASDO and any explanatory material provided to the funding 
parties by the NASDO, the comments and any alternative text provided by 
the funding party seeking dispute resolution, any

[[Page 551]]

relevant standards which have been established or which are under 
development by an accredited-standards development organization, and any 
comments submitted by other funding parties;
    (4) Any party in interest submitting information to the panel for 
consideration (including the NASDO, the party seeking dispute resolution 
and the other funding parties) shall be asked by the panel whether there 
is knowledge of patents, the use of which may be essential to the 
standard or generic requirement being considered. The fact that the 
question was asked along with any affirmative responses shall be 
recorded, and considered, in the panel's recommendation; and
    (5) The tri-partite panel shall, within fifteen (15) days after 
being established, decide by a majority vote, the issue or issues raised 
by the party seeking dispute resolution and produce a report of their 
decision to the funding parties. The tri-partite panel must adopt one of 
the five options listed below:
    (i) The NASDO's proposal on the issue under consideration;
    (ii) The position of the party seeking dispute resolution on the 
issue under consideration;
    (iii) A standard developed by an accredited standards development 
organization that addresses the issue under consideration;
    (iv) A finding that the issue is not ripe for decision due to 
insufficient technical evidence to support the soundness of any one 
proposal over any other proposal; or
    (v) Any other resolution that is consistent with the standard 
described in section 64.1703(a)(6).
    (6) The tri-partite panel must choose, from the five options 
outlined above, the option that they believe provides the most 
technically sound solution and base its recommendation upon the 
substantive evidence presented to the panel. The panel is not precluded 
from taking into account complexity of implementation and other 
practical considerations in deciding which option is most technically 
sound. Neither of the disputants (i.e., the NASDO and the funding party 
which invokes the dispute resolution process) will be permitted to 
participate in any decision to reject the mediation panel's 
recommendation.
    (b) The tri-partite panel's recommendation(s) must be included in 
the final industry-wide standard or industry-wide generic requirement, 
unless three-fourths of the funding parties who vote decide within 
thirty (30) days of the filing of the dispute to reject the 
recommendation and accept one of the options specified in paragraphs 
(a)(5) (i) through (v) of this section. Each funding party shall have 
one vote.
    (c) All costs sustained by the tri-partite panel will be 
incorporated into the cost of producing the industry-wide standard or 
industry-wide generic requirement.



Sec.  64.1704  Frivolous disputes/penalties.

    (a) No person shall willfully refer a dispute to the dispute 
resolution process under this subpart unless to the best of his 
knowledge, information and belief there is good ground to support the 
dispute and the dispute is not interposed for delay.
    (b) Any person who fails to comply with the requirements in 
paragraph (a) of this section, may be subject to forfeiture pursuant to 
section 503(b) of the Communications Act, 47 U.S.C. 503(b).



        Subpart R_Geographic Rate Averaging and Rate Integration

    Authority: 47 U.S.C. Sec. Sec.  151, 154(i), 201-205, 214(e), 215 
and 254(g).



Sec.  64.1801  Geographic rate averaging and rate integration.

    (a) The rates charged by providers of interexchange 
telecommunications services to subscribers in rural and high-cost areas 
shall be no higher than the rates charged by each such provider to its 
subscribers in urban areas.
    (b) A provider of interstate interexchange telecommunications 
services shall provide such services to its subscribers in each U.S. 
state at rates no higher than the rates charged to its subscribers in 
any other state.

[61 FR 42564, Aug. 16, 1996]

[[Page 552]]



  Subpart S_Nondominant Interexchange Carrier Certifications Regarding 
       Geographic Rate Averaging and Rate Integration Requirements



Sec.  64.1900  Nondominant interexchange carrier certifications 
regarding geographic rate averaging and rate integration requirements.

    (a) A nondominant provider of interexchange telecommunications 
services, which provides detariffed interstate, domestic, interexchange 
services, shall file with the Commission, on an annual basis, a 
certification that it is providing such services in compliance with its 
geographic rate averaging and rate integration obligations pursuant to 
section 254(g) of the Communications Act of 1934, as amended.
    (b) The certification filed pursuant to paragraph (a) of this 
section shall be signed by an officer of the company under oath.

[61 FR 59366, Nov. 22, 1996]



  Subpart T_Separate Affiliate Requirements for Incumbent Independent 
  Local Exchange Carriers That Provide In-Region, Interstate Domestic 
Interexchange Services or In-Region International Interexchange Services

    Source: 62 FR 36017, July 3, 1997, unless otherwise noted.



Sec.  64.1901  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 regulate the provision 
of in-region, interstate, domestic, interexchange services and in-region 
international interexchange services by incumbent independent local 
exchange carriers.



Sec.  64.1902  Terms and definitions.

    Terms used in this part have the following meanings:
    Books of account. Books of account refer to the financial accounting 
system a company uses to record, in monetary terms, the basic 
transactions of a company. These books of account reflect the company's 
assets, liabilities, and equity, and the revenues and expenses from 
operations. Each company has its own separate books of account.
    Incumbent Independent Local Exchange Carrier (Incumbent Independent 
LEC). The term incumbent independent local exchange carrier means, with 
respect to an area, the independent 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 title; 
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. The Commission may also, by rule, treat an independent 
local exchange carrier as an incumbent independent local exchange 
carrier pursuant to section 251(h)(2) of the Communications Act of 1934, 
as amended.
    Independent Local Exchange Carrier (Independent LEC). Independent 
local exchange carriers are local exchange carriers, including GTE, 
other than the BOCs.
    Independent Local Exchange Carrier Affiliate (Independent LEC 
Affiliate). An independent local exchange carrier affiliate is a carrier 
that is owned (in whole or in part) or controlled by, or under common 
ownership (in whole or in part) or control with, an independent local 
exchange carrier.
    In-region service. In-region service means telecommunications 
service originating in an independent local exchange carrier's local 
service areas or 800 service, private line service, or their equivalents 
that:
    (1) Terminate in the independent LEC's local exchange areas; and
    (2) Allow the called party to determine the interexchange carrier, 
even if the service originates outside the independent LEC's local 
exchange areas.
    Local Exchange Carrier. The term local exchange carrier means any 
person that is engaged in the provision of

[[Page 553]]

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), except to the extent 
that the Commission finds that such service should be included in the 
definition of that term.

[64 FR 44425, Aug. 16, 1999]



Sec.  64.1903  Obligations of all incumbent independent local exchange carriers.

    (a) An incumbent independent LEC providing in-region, interstate, 
interexchange services or in-region international interexchange services 
shall provide such services through an affiliate that satisfies the 
following requirements:
    (1) The affiliate shall maintain separate books of account from its 
affiliated exchange companies. Nothing in this section requires the 
affiliate to maintain separate books of account that comply with part 32 
of this title;
    (2) The affiliate shall not jointly own transmission or switching 
facilities with its affiliated exchange companies. Nothing in this 
section prohibits an affiliate from sharing personnel or other resources 
or assets with an affiliated exchange company; and
    (3) The affiliate shall acquire any services from its affiliated 
exchange companies for which the affiliated exchange companies are 
required to file a tariff at tariffed rates, terms, and conditions. 
Nothing in this section shall prohibit the affiliate from acquiring any 
unbundled network elements or exchange services for the provision of a 
telecommunications service from its affiliated exchange companies, 
subject to the same terms and conditions as provided in an agreement 
approved under section 252 of the Communications Act of 1934, as 
amended.
    (b) Except as provided in paragraph (b)(1) of this section, the 
affiliate required in paragraph (a) of this section shall be a separate 
legal entity from its affiliated exchange companies. The affiliate may 
be staffed by personnel of its affiliated exchange companies, housed in 
existing offices of its affiliated exchange companies, and use its 
affiliated exchange companies' marketing and other services, subject to 
paragraph (a)(3) of this section.
    (1) For an incumbent independent LEC that provides in-region, 
interstate domestic interexchange services or in-region international 
interexchange services using no interexchange switching or transmission 
facilities or capability of the LEC's own (i.e., ``independent LEC 
reseller,'') the affiliate required in paragraph (a) of this section may 
be a separate corporate division of such incumbent independent LEC. All 
other provisions of this Subpart applicable to an independent LEC 
affiliate shall continue to apply, as applicable, to such separate 
corporate division.
    (2) [Reserved]

[64 FR 44425, Aug. 16, 1999, as amended at 71 FR 65751, Nov. 9, 2006]



           Subpart U_Customer Proprietary Network Information

    Source: 82 FR 44419, Sept. 21, 2017 unless otherwise noted.



Sec.  64.2001  Basis and purpose.

    (a) Basis. The rules in this subpart are issued pursuant to the 
Communications Act of 1934, as amended.
    (b) Purpose. The purpose of the rules in this subpart is to 
implement section 222 of the Communications Act of 1934, as amended, 47 
U.S.C. 222.



Sec.  64.2003  Definitions.

    (a) Account information. ``Account information'' is information that 
is specifically connected to the customer's service relationship with 
the carrier, including such things as an account number or any component 
thereof, the telephone number associated with the account, or the bill's 
amount.
    (b) Address of record. An ``address of record,'' whether postal or 
electronic, is an address that the carrier has associated with the 
customer's account for at least 30 days.
    (c) Affiliate. The term ``affiliate'' has the same meaning given 
such term in section 3(1) of the Communications Act of 1934, as amended, 
47 U.S.C. 153(1).
    (d) Call detail information. Any information that pertains to the 
transmission of specific telephone calls, including, for outbound calls, 
the number

[[Page 554]]

called, and the time, location, or duration of any call and, for inbound 
calls, the number from which the call was placed, and the time, 
location, or duration of any call.
    (e) Communications-related services. The term ``communications-
related services'' means telecommunications services, information 
services typically provided by telecommunications carriers, and services 
related to the provision or maintenance of customer premises equipment.
    (f) Customer. A customer of a telecommunications carrier is a person 
or entity to which the telecommunications carrier is currently providing 
service.
    (g) Customer proprietary network information (CPNI). The term 
``customer proprietary network information (CPNI)'' has the same meaning 
given to such term in section 222(h)(1) of the Communications Act of 
1934, as amended, 47 U.S.C. 222(h)(1).
    (h) Customer premises equipment (CPE). The term ``customer premises 
equipment (CPE)'' has the same meaning given to such term in section 
3(14) of the Communications Act of 1934, as amended, 47 U.S.C. 153(14).
    (i) Information services typically provided by telecommunications 
carriers. The phrase ``information services typically provided by 
telecommunications carriers'' means only those information services (as 
defined in section 3(20) of the Communication Act of 1934, as amended, 
47 U.S.C. 153(20)) that are typically provided by telecommunications 
carriers, such as Internet access or voice mail services. Such phrase 
``information services typically provided by telecommunications 
carriers,'' as used in this subpart, shall not include retail consumer 
services provided using Internet Web sites (such as travel reservation 
services or mortgage lending services), whether or not such services may 
otherwise be considered to be information services.
    (j) Local exchange carrier (LEC). The term ``local exchange carrier 
(LEC)'' has the same meaning given to such term in section 3(26) of the 
Communications Act of 1934, as amended, 47 U.S.C. 153(26).
    (k) Opt-in approval. The term ``opt-in approval'' refers to a method 
for obtaining customer consent to use, disclose, or permit access to the 
customer's CPNI. This approval method requires that the carrier obtain 
from the customer affirmative, express consent allowing the requested 
CPNI usage, disclosure, or access after the customer is provided 
appropriate notification of the carrier's request consistent with the 
requirements set forth in this subpart.
    (l) Opt-out approval. The term ``opt-out approval'' refers to a 
method for obtaining customer consent to use, disclose, or permit access 
to the customer's CPNI. Under this approval method, a customer is deemed 
to have consented to the use, disclosure, or access to the customer's 
CPNI if the customer has failed to object thereto within the waiting 
period described in Sec.  64.2008(d)(1) after the customer is provided 
appropriate notification of the carrier's request for consent consistent 
with the rules in this subpart.
    (m) Readily available biographical information. ``Readily available 
biographical information'' is information drawn from the customer's life 
history and includes such things as the customer's social security 
number, or the last four digits of that number; mother's maiden name; 
home address; or date of birth.
    (n) Subscriber list information (SLI). The term ``subscriber list 
information (SLI)'' has the same meaning given to such term in section 
222(h)(3) of the Communications Act of 1934, as amended, 47 U.S.C. 
222(h)(3).
    (o) Telecommunications carrier or carrier. The terms 
``telecommunications carrier'' or ``carrier'' shall have the same 
meaning as set forth in section 3(44) of the Communications Act of 1934, 
as amended, 47 U.S.C. 153(44). For the purposes of this subpart, the 
term ``telecommunications carrier'' or ``carrier'' shall include an 
entity that provides interconnected VoIP service, as that term is 
defined in section 9.3 of these rules.
    (p) Telecommunications service. The term ``telecommunications 
service'' has the same meaning given to such term in section 3(46) of 
the Communications Act of 1934, as amended, 47 U.S.C. 153(46).

[[Page 555]]

    (q) Telephone number of record. The telephone number associated with 
the underlying service, not the telephone number supplied as a 
customer's ``contact information.''
    (r) Valid photo ID. A ``valid photo ID'' is a government-issued 
means of personal identification with a photograph such as a driver's 
license, passport, or comparable ID that is not expired.



Sec.  64.2005  Use of customer proprietary network information
without customer approval.

    (a) Any telecommunications carrier may use, disclose, or permit 
access to CPNI for the purpose of providing or marketing service 
offerings among the categories of service (i.e., local, interexchange, 
and CMRS) to which the customer already subscribes from the same 
carrier, without customer approval.
    (1) If a telecommunications carrier provides different categories of 
service, and a customer subscribes to more than one category of service 
offered by the carrier, the carrier is permitted to share CPNI among the 
carrier's affiliated entities that provide a service offering to the 
customer.
    (2) If a telecommunications carrier provides different categories of 
service, but a customer does not subscribe to more than one offering by 
the carrier, the carrier is not permitted to share CPNI with its 
affiliates, except as provided in Sec.  64.2007(b).
    (b) A telecommunications carrier may not use, disclose, or permit 
access to CPNI to market to a customer service offerings that are within 
a category of service to which the subscriber does not already subscribe 
from that carrier, unless that carrier has customer approval to do so, 
except as described in paragraph (c) of this section.
    (1) A wireless provider may use, disclose, or permit access to CPNI 
derived from its provision of CMRS, without customer approval, for the 
provision of CPE and information service(s). A wireline carrier may use, 
disclose or permit access to CPNI derived from its provision of local 
exchange service or interexchange service, without customer approval, 
for the provision of CPE and call answering, voice mail or messaging, 
voice storage and retrieval services, fax store and forward, and 
protocol conversion.
    (2) A telecommunications carrier may not use, disclose or permit 
access to CPNI to identify or track customers that call competing 
service providers. For example, a local exchange carrier may not use 
local service CPNI to track all customers that call local service 
competitors.
    (c) A telecommunications carrier may use, disclose, or permit access 
to CPNI, without customer approval, as described in this paragraph (c).
    (1) A telecommunications carrier may use, disclose, or permit access 
to CPNI, without customer approval, in its provision of inside wiring 
installation, maintenance, and repair services.
    (2) CMRS providers may use, disclose, or permit access to CPNI for 
the purpose of conducting research on the health effects of CMRS.
    (3) LECs, CMRS providers, and entities that provide interconnected 
VoIP service as that term is defined in Sec.  9.3 of this chapter, may 
use CPNI, without customer approval, to market services formerly known 
as adjunct-to-basic services, such as, but not limited to, speed 
dialing, computer-provided directory assistance, call monitoring, call 
tracing, call blocking, call return, repeat dialing, call tracking, call 
waiting, caller I.D., call forwarding, and certain centrex features.
    (d) A telecommunications carrier may use, disclose, or permit access 
to CPNI to protect the rights or property of the carrier, or to protect 
users of those services and other carriers from fraudulent, abusive, or 
unlawful use of, or subscription to, such services.



Sec.  64.2007  Approval required for use of customer proprietary
network information.

    (a) A telecommunications carrier may obtain approval through 
written, oral or electronic methods.
    (1) A telecommunications carrier relying on oral approval shall bear 
the burden of demonstrating that such approval has been given in 
compliance with the Commission's rules in this part.

[[Page 556]]

    (2) Approval or disapproval to use, disclose, or permit access to a 
customer's CPNI obtained by a telecommunications carrier must remain in 
effect until the customer revokes or limits such approval or 
disapproval.
    (3) A telecommunications carrier must maintain records of approval, 
whether oral, written or electronic, for at least one year.
    (b) Use of opt-out and opt-in approval processes. A 
telecommunications carrier may, subject to opt-out approval or opt-in 
approval, use its customer's individually identifiable CPNI for the 
purpose of marketing communications-related services to that customer. A 
telecommunications carrier may, subject to opt-out approval or opt-in 
approval, disclose its customer's individually identifiable CPNI, for 
the purpose of marketing communications-related services to that 
customer, to its agents and its affiliates that provide communications-
related services. A telecommunications carrier may also permit such 
persons or entities to obtain access to such CPNI for such purposes. 
Except for use and disclosure of CPNI that is permitted without customer 
approval under Sec.  64.2005, or that is described in this paragraph, or 
as otherwise provided in section 222 of the Communications Act of 1934, 
as amended, a telecommunications carrier may only use, disclose, or 
permit access to its customer's individually identifiable CPNI subject 
to opt-in approval.



Sec.  64.2008  Notice required for use of customer proprietary
network information.

    (a) Notification, generally. (1) Prior to any solicitation for 
customer approval, a telecommunications carrier must provide 
notification to the customer of the customer's right to restrict use of, 
disclosure of, and access to that customer's CPNI.
    (2) A telecommunications carrier must maintain records of 
notification, whether oral, written or electronic, for at least one 
year.
    (b) Individual notice to customers must be provided when soliciting 
approval to use, disclose, or permit access to customers' CPNI.
    (c) Content of notice. Customer notification must provide sufficient 
information to enable the customer to make an informed decision as to 
whether to permit a carrier to use, disclose, or permit access to, the 
customer's CPNI.
    (1) The notification must state that the customer has a right, and 
the carrier has a duty, under federal law, to protect the 
confidentiality of CPNI.
    (2) The notification must specify the types of information that 
constitute CPNI and the specific entities that will receive the CPNI, 
describe the purposes for which CPNI will be used, and inform the 
customer of his or her right to disapprove those uses, and deny or 
withdraw access to CPNI at any time.
    (3) The notification must advise the customer of the precise steps 
the customer must take in order to grant or deny access to CPNI, and 
must clearly state that a denial of approval will not affect the 
provision of any services to which the customer subscribes. However, 
carriers may provide a brief statement, in clear and neutral language, 
describing consequences directly resulting from the lack of access to 
CPNI.
    (4) The notification must be comprehensible and must not be 
misleading.
    (5) If written notification is provided, the notice must be clearly 
legible, use sufficiently large type, and be placed in an area so as to 
be readily apparent to a customer.
    (6) If any portion of a notification is translated into another 
language, then all portions of the notification must be translated into 
that language.
    (7) A carrier may state in the notification that the customer's 
approval to use CPNI may enhance the carrier's ability to offer products 
and services tailored to the customer's needs. A carrier also may state 
in the notification that it may be compelled to disclose CPNI to any 
person upon affirmative written request by the customer.
    (8) A carrier may not include in the notification any statement 
attempting to encourage a customer to freeze third-party access to CPNI.
    (9) The notification must state that any approval, or denial of 
approval for the use of CPNI outside of the service to which the 
customer already subscribes from that carrier is valid until

[[Page 557]]

the customer affirmatively revokes or limits such approval or denial.
    (10) A telecommunications carrier's solicitation for approval must 
be proximate to the notification of a customer's CPNI rights.
    (d) Notice requirements specific to opt-out. A telecommunications 
carrier must provide notification to obtain opt out approval through 
electronic or written methods, but not by oral communication (except as 
provided in paragraph (f) of this section). The contents of any such 
notification must comply with the requirements of paragraph (c) of this 
section.
    (1) Carriers must wait a 30-day minimum period of time after giving 
customers notice and an opportunity to opt-out before assuming customer 
approval to use, disclose, or permit access to CPNI. A carrier may, in 
its discretion, provide for a longer period. Carriers must notify 
customers as to the applicable waiting period for a response before 
approval is assumed.
    (i) In the case of an electronic form of notification, the waiting 
period shall begin to run from the date on which the notification was 
sent; and
    (ii) In the case of notification by mail, the waiting period shall 
begin to run on the third day following the date that the notification 
was mailed.
    (2) Carriers using the opt-out mechanism must provide notices to 
their customers every two years.
    (3) Telecommunications carriers that use email to provide opt-out 
notices must comply with the following requirements in addition to the 
requirements generally applicable to notification:
    (i) Carriers must obtain express, verifiable, prior approval from 
consumers to send notices via email regarding their service in general, 
or CPNI in particular;
    (ii) Carriers must allow customers to reply directly to emails 
containing CPNI notices in order to opt-out;
    (iii) Opt-out email notices that are returned to the carrier as 
undeliverable must be sent to the customer in another form before 
carriers may consider the customer to have received notice;
    (iv) Carriers that use email to send CPNI notices must ensure that 
the subject line of the message clearly and accurately identifies the 
subject matter of the email; and
    (v) Telecommunications carriers must make available to every 
customer a method to opt-out that is of no additional cost to the 
customer and that is available 24 hours a day, seven days a week. 
Carriers may satisfy this requirement through a combination of methods, 
so long as all customers have the ability to opt-out at no cost and are 
able to effectuate that choice whenever they choose.
    (e) Notice requirements specific to opt-in. A telecommunications 
carrier may provide notification to obtain opt-in approval through oral, 
written, or electronic methods. The contents of any such notification 
must comply with the requirements of paragraph (c) of this section.
    (f) Notice requirements specific to one-time use of CPNI. (1) 
Carriers may use oral notice to obtain limited, one-time use of CPNI for 
inbound and outbound customer telephone contacts for the duration of the 
call, regardless of whether carriers use opt-out or opt-in approval 
based on the nature of the contact.
    (2) The contents of any such notification must comply with the 
requirements of paragraph (c) of this section, except that 
telecommunications carriers may omit any of the following notice 
provisions if not relevant to the limited use for which the carrier 
seeks CPNI:
    (i) Carriers need not advise customers that if they have opted-out 
previously, no action is needed to maintain the opt-out election;
    (ii) Carriers need not advise customers that they may share CPNI 
with their affiliates or third parties and need not name those entities, 
if the limited CPNI usage will not result in use by, or disclosure to, 
an affiliate or third party;
    (iii) Carriers need not disclose the means by which a customer can 
deny or withdraw future access to CPNI, so long as carriers explain to 
customers that the scope of the approval the carrier seeks is limited to 
one-time use; and
    (iv) Carriers may omit disclosure of the precise steps a customer 
must take

[[Page 558]]

in order to grant or deny access to CPNI, as long as the carrier clearly 
communicates that the customer can deny access to his CPNI for the call.



Sec.  64.2009  Safeguards required for use of customer proprietary network information.

    (a) Telecommunications carriers must implement a system by which the 
status of a customer's CPNI approval can be clearly established prior to 
the use of CPNI.
    (b) Telecommunications carriers must train their personnel as to 
when they are and are not authorized to use CPNI, and carriers must have 
an express disciplinary process in place.
    (c) All carriers shall maintain a record, electronically or in some 
other manner, of their own and their affiliates' sales and marketing 
campaigns that use their customers' CPNI. All carriers shall maintain a 
record of all instances where CPNI was disclosed or provided to third 
parties, or where third parties were allowed access to CPNI. The record 
must include a description of each campaign, the specific CPNI that was 
used in the campaign, and what products and services were offered as a 
part of the campaign. Carriers shall retain the record for a minimum of 
one year.
    (d) Telecommunications carriers must establish a supervisory review 
process regarding carrier compliance with the rules in this subpart for 
outbound marketing situations and maintain records of carrier compliance 
for a minimum period of one year. Specifically, sales personnel must 
obtain supervisory approval of any proposed outbound marketing request 
for customer approval.
    (e) A telecommunications carrier must have an officer, as an agent 
of the carrier, sign and file with the Commission a compliance 
certificate on an annual basis. The officer must state in the 
certification that he or she has personal knowledge that the company has 
established operating procedures that are adequate to ensure compliance 
with the rules in this subpart. The carrier must provide a statement 
accompanying the certificate explaining how its operating procedures 
ensure that it is or is not in compliance with the rules in this 
subpart. In addition, the carrier must include an explanation of any 
actions taken against data brokers and a summary of all customer 
complaints received in the past year concerning the unauthorized release 
of CPNI. This filing must be made annually with the Enforcement Bureau 
on or before March 1 in EB Docket No. 06-36, for data pertaining to the 
previous calendar year.
    (f) Carriers must provide written notice within five business days 
to the Commission of any instance where the opt-out mechanisms do not 
work properly, to such a degree that consumers' inability to opt-out is 
more than an anomaly.
    (1) The notice shall be in the form of a letter, and shall include 
the carrier's name, a description of the opt-out mechanism(s) used, the 
problem(s) experienced, the remedy proposed and when it will be/was 
implemented, whether the relevant state commission(s) has been notified 
and whether it has taken any action, a copy of the notice provided to 
customers, and contact information.
    (2) Such notice must be submitted even if the carrier offers other 
methods by which consumers may opt-out.



Sec.  64.2010  Safeguards on the disclosure of customer proprietary
network information.

    (a) Safeguarding CPNI. Telecommunications carriers must take 
reasonable measures to discover and protect against attempts to gain 
unauthorized access to CPNI. Telecommunications carriers must properly 
authenticate a customer prior to disclosing CPNI based on customer-
initiated telephone contact, online account access, or an in-store 
visit.
    (b) Telephone access to CPNI. Telecommunications carriers may only 
disclose call detail information over the telephone, based on customer-
initiated telephone contact, if the customer first provides the carrier 
with a password, as described in paragraph (e) of this section, that is 
not prompted by the carrier asking for readily available biographical 
information, or account information. If the customer does not provide a 
password, the telecommunications carrier may only disclose call

[[Page 559]]

detail information by sending it to the customer's address of record, or 
by calling the customer at the telephone number of record. If the 
customer is able to provide call detail information to the 
telecommunications carrier during a customer-initiated call without the 
telecommunications carrier's assistance, then the telecommunications 
carrier is permitted to discuss the call detail information provided by 
the customer.
    (c) Online access to CPNI. A telecommunications carrier must 
authenticate a customer without the use of readily available 
biographical information, or account information, prior to allowing the 
customer online access to CPNI related to a telecommunications service 
account. Once authenticated, the customer may only obtain online access 
to CPNI related to a telecommunications service account through a 
password, as described in paragraph (e) of this section, that is not 
prompted by the carrier asking for readily available biographical 
information, or account information.
    (d) In-store access to CPNI. A telecommunications carrier may 
disclose CPNI to a customer who, at a carrier's retail location, first 
presents to the telecommunications carrier or its agent a valid photo ID 
matching the customer's account information.
    (e) Establishment of a password and back-up authentication methods 
for lost or forgotten passwords. To establish a password, a 
telecommunications carrier must authenticate the customer without the 
use of readily available biographical information, or account 
information. Telecommunications carriers may create a back-up customer 
authentication method in the event of a lost or forgotten password, but 
such back-up customer authentication method may not prompt the customer 
for readily available biographical information, or account information. 
If a customer cannot provide the correct password or the correct 
response for the back-up customer authentication method, the customer 
must establish a new password as described in this paragraph.
    (f) Notification of account changes. Telecommunications carriers 
must notify customers immediately whenever a password, customer response 
to a back-up means of authentication for lost or forgotten passwords, 
online account, or address of record is created or changed. This 
notification is not required when the customer initiates service, 
including the selection of a password at service initiation. This 
notification may be through a carrier-originated voicemail or text 
message to the telephone number of record, or by mail to the address of 
record, and must not reveal the changed information or be sent to the 
new account information.
    (g) Business customer exemption. Telecommunications carriers may 
bind themselves contractually to authentication regimes other than those 
described in this section for services they provide to their business 
customers that have both a dedicated account representative and a 
contract that specifically addresses the carriers' protection of CPNI.



Sec.  64.2011  Notification of customer proprietary network information
security breaches.

    (a) A telecommunications carrier shall notify law enforcement of a 
breach of its customers' CPNI as provided in this section. The carrier 
shall not notify its customers or disclose the breach publicly, whether 
voluntarily or under state or local law or these rules, until it has 
completed the process of notifying law enforcement pursuant to paragraph 
(b) of this section.
    (b) As soon as practicable, and in no event later than seven (7) 
business days, after reasonable determination of the breach, the 
telecommunications carrier shall electronically notify the United States 
Secret Service (USSS) and the Federal Bureau of Investigation (FBI) 
through a central reporting facility. The Commission will maintain a 
link to the reporting facility at http://www.fcc.gov/eb/cpni.
    (1) Notwithstanding any state law to the contrary, the carrier shall 
not notify customers or disclose the breach to the public until 7 full 
business days have passed after notification to the USSS and the FBI 
except as provided in paragraphs (b)(2) and (b)(3) of this section.

[[Page 560]]

    (2) If the carrier believes that there is an extraordinarily urgent 
need to notify any class of affected customers sooner than otherwise 
allowed under paragraph (b)(1) of this section, in order to avoid 
immediate and irreparable harm, it shall so indicate in its notification 
and may proceed to immediately notify its affected customers only after 
consultation with the relevant investigating agency. The carrier shall 
cooperate with the relevant investigating agency's request to minimize 
any adverse effects of such customer notification.
    (3) If the relevant investigating agency determines that public 
disclosure or notice to customers would impede or compromise an ongoing 
or potential criminal investigation or national security, such agency 
may direct the carrier not to so disclose or notify for an initial 
period of up to 30 days. Such period may be extended by the agency as 
reasonably necessary in the judgment of the agency. If such direction is 
given, the agency shall notify the carrier when it appears that public 
disclosure or notice to affected customers will no longer impede or 
compromise a criminal investigation or national security. The agency 
shall provide in writing its initial direction to the carrier, any 
subsequent extension, and any notification that notice will no longer 
impede or compromise a criminal investigation or national security and 
such writings shall be contemporaneously logged on the same reporting 
facility that contains records of notifications filed by carriers.
    (c) Customer notification. After a telecommunications carrier has 
completed the process of notifying law enforcement pursuant to paragraph 
(b) of this section, it shall notify its customers of a breach of those 
customers' CPNI.
    (d) Recordkeeping. All carriers shall maintain a record, 
electronically or in some other manner, of any breaches discovered, 
notifications made to the USSS and the FBI pursuant to paragraph (b) of 
this section, and notifications made to customers. The record must 
include, if available, dates of discovery and notification, a detailed 
description of the CPNI that was the subject of the breach, and the 
circumstances of the breach. Carriers shall retain the record for a 
minimum of 2 years.
    (e) Definitions. As used in this section, a ``breach'' has occurred 
when a person, without authorization or exceeding authorization, has 
intentionally gained access to, used, or disclosed CPNI.
    (f) This section does not supersede any statute, regulation, order, 
or interpretation in any State, except to the extent that such statute, 
regulation, order, or interpretation is inconsistent with the provisions 
of this section, and then only to the extent of the inconsistency.



                     Subpart V_Rural Call Completion

    Source: 78 FR 76239, Dec. 17, 2013, unless otherwise noted.



Sec.  64.2101  Definitions.

    For purposes of this subpart, the following definitions will apply:
    Affiliate. The term ``affiliate'' has the same meaning as in 47 
U.S.C. 153(2).
    Call attempt. The term ``call attempt'' means a call that results in 
transmission by the covered provider toward an incumbent local exchange 
carrier (LEC) of the initial call setup message, regardless of the voice 
call signaling and transmission technology used.
    Covered provider. The term ``covered provider'' means a provider of 
long-distance voice service that makes the initial long-distance call 
path choice for more than 100,000 domestic retail subscriber lines, 
counting the total of all business and residential fixed subscriber 
lines and mobile phones and aggregated over all of the providers' 
affiliates. A covered provider may be a local exchange carrier as 
defined in Sec.  64.4001(e), an interexchange carrier as defined in 
Sec.  64.4001(d), a provider of commercial mobile radio service as 
defined in Sec.  20.3 of this chapter, a provider of interconnected 
voice over Internet Protocol (VoIP) service as defined in 47 U.S.C. 
153(25), or a provider of non-interconnected VoIP service as defined in 
47 U.S.C. 153(36) to the extent such a provider offers the capability to 
place calls to the public switched telephone network.
    Covered voice communication. The term ``covered voice 
communication''

[[Page 561]]

means a voice communication (including any related signaling 
information) that is generated--
    (1) From the placement of a call from a connection using a North 
American Numbering Plan resource or a call placed to a connection using 
such a numbering resource; and
    (2) Through any service provided by a covered provider.
    Initial long-distance call path choice. The term ``initial long-
distance call path choice'' means the static or dynamic selection of the 
path for a long-distance call based on the called number of the 
individual call.
    Intermediate provider. The term ``intermediate provider'' means any 
entity that--
    (1) Enters into a business arrangement with a covered provider or 
other intermediate provider for the specific purpose of carrying, 
routing, or transmitting voice traffic that is generated from the 
placement of a call placed--
    (i) From an end user connection using a North American Numbering 
Plan resource; or
    (ii) To an end user connection using such a numbering resource; and
    (2) Does not itself, either directly or in conjunction with an 
affiliate, serve as a covered provider in the context of originating or 
terminating a given call.
    Long-distance voice service. For purposes of subparts V and W, the 
term ``long-distance voice service'' includes interstate interLATA, 
intrastate interLATA, interstate interexchange, intrastate 
interexchange, intraLATA toll, inter-MTA interstate and inter-MTA 
intrastate voice services.
    Operating company number (OCN). The term ``operating company 
number'' means a four-place alphanumeric code that uniquely identifies a 
local exchange carrier.
    Rural OCN. The term ``rural OCN'' means an operating company number 
that uniquely identifies an incumbent LEC (as defined in Sec.  51.5 of 
this chapter) that is a rural telephone company (as defined in Sec.  
51.5 of this chapter). The term ``nonrural OCN'' means an operating 
company number that uniquely identifies an incumbent LEC (as defined in 
Sec.  51.5 of this chapter) that is not a rural telephone company (as 
defined in Sec.  51.5 of this chapter). We direct NECA to update the 
lists of rural and nonrural OCNs annually and provide them to the 
Wireline Competition Bureau in time for the Bureau to publish the lists 
no later than November 15. These lists will be the definitive lists of 
rural OCNs and nonrural OCNs for purposes of this subpart for the 
following calendar year.
    Rural telephone company. The term ``rural telephone company'' shall 
have the same meaning as in Sec.  51.5 of this chapter.

[78 FR 76239, Dec. 17, 2013, as amended at 79 FR 73227, Dec. 10, 2014; 
80 FR 1007, Jan. 8, 2015; 82 FR 19615, Apr. 28, 2017; 83 FR 21737, May 
10, 2018; 83 FR 47308, Sept. 19, 2018]



Sec.  64.2103  Retention of call attempt records.

    (a) Except as described in Sec.  64.2107, each covered provider 
shall record and retain information about each call attempt to a rural 
OCN from subscriber lines for which the covered provider makes the 
initial long-distance call path choice in a readily retrievable form for 
a period that includes the six most recent complete calendar months.
    (b) Affiliated covered providers may record and retain the 
information required by this rule individually or in the aggregate.
    (c) A call attempt that is returned by an intermediate provider to 
the covered provider and reassigned shall count as a single call 
attempt.
    (d) Call attempts to toll-free numbers, as defined in Sec.  
52.101(f) of this chapter, are excluded from these requirements.
    (e) IntraLATA toll calls carried entirely over the covered 
provider's network or handed off by the covered provider directly to the 
terminating local exchange carrier or directly to the tandem switch 
serving the terminating local exchange carrier's end office (terminating 
tandem), are excluded from these requirements.
    (f) The information contained in each record shall include:
    (1) The calling party number;
    (2) The called party number;
    (3) The date;
    (4) The time;

[[Page 562]]

    (5) An indication whether the call attempt was handed off to an 
intermediate provider or not and, if so, which intermediate provider;
    (6) The rural OCN associated with the called party number;
    (7) An indication whether the call attempt was interstate or 
intrastate;
    (8) An indication whether the call attempt was answered, which may 
take the form of an SS7 signaling cause code or SIP signaling message 
code associated with each call attempt; and
    (9) An indication whether the call attempt was completed to the 
incumbent local exchange carrier but signaled as busy, ring no answer, 
or unassigned number. This indication may take the form of an SS7 
signaling cause code or SIP signaling message code associated with each 
call attempt.
    (g) The provisions of this section shall expire on September 15, 
2020.

[78 FR 76239, Dec. 17, 2013, as amended at 79 FR 73227, Dec. 10, 2014; 
82 FR 11594, Mar. 4, 2015; 82 FR 19615, Apr. 28, 2017; 84 FR 25706, June 
4, 2019]



Sec.  64.2105  [Reserved]



Sec.  64.2107  Reduced recording and retention requirements for
qualifying providers under the Safe Harbor.

    (a)(1) A covered provider may reduce its recording and retention 
requirements under Sec.  64.2103 if it files one of the following 
certifications, signed by an officer or director of the covered provider 
regarding the accuracy and completeness of the information provided, in 
WC Docket No. 13-39.
    I ___ (name), ___ (title), an officer of ___ (entity), certify 
that___ (entity) uses no intermediate providers;
    or
    I ___ (name), ___ (title), an officer of ___ (entity), certify 
that___ (entity) restricts by contract any intermediate provider to 
which a call is directed by ___ (entity) from permitting more than one 
additional intermediate provider in the call path before the call 
reaches the terminating provider or terminating tandem. I certify that 
any nondisclosure agreement with an intermediate provider permits ___ 
(entity) to reveal the identity of the intermediate provider and any 
additional intermediate provider to the Commission and to the rural 
incumbent local exchange carrier(s) whose incoming long-distance calls 
are affected by the intermediate provider's performance. I certify that 
___ (entity) has a process in place to monitor the performance of its 
intermediate providers.
    (2) Covered providers that file the second certification must 
describe the process they have in place to monitor the performance of 
their intermediate providers.
    (b) A covered provider that meets the requirements described in 
paragraph (a) of this section must comply with the data retention 
requirements in Sec.  64.2103 for a period that includes only the three 
most recent complete calendar months, so long as it continues to meet 
the requirements of paragraph (a) of this section. A covered provider 
that ceases to meet the requirements described in paragraph (a) of this 
must immediately begin retaining data for six months, as required by 
Sec.  64.2103.
    (c) Affiliated covered providers may meet the requirements of 
paragraph (a) of this section individually or in the aggregate.
    (d) The provisions of this section shall expire on September 15, 
2020.

[78 FR 76239, Dec. 17, 2013, as amended at 80 FR 11594, Mar. 4, 2015; 82 
FR 19615, Apr. 28, 2017; 83 FR 21737, May 10, 2018; 84 FR 25706, June, 
4, 2019]



Sec.  64.2109  Safe harbor from intermediate provider service quality standards.

    (a)(1) A covered provider may qualify as a safe harbor provider 
under this subpart if it files, in WC Docket No. 13-39, one of the 
following certifications, signed under penalty of perjury by an officer 
or director of the covered provider regarding the accuracy and 
completeness of the information provided:
    ``I ___(name), ____(title), an officer of ____(entity), certify that 
____(entity) uses no intermediate providers;'' or
    ``I ____(name), ____(title), an officer of ____(entity), certify 
that ____(entity) restricts by contract any intermediate provider to 
which a call is directed by ____(entity) from permitting more than one 
additional intermediate provider in the call path before the call 
reaches

[[Page 563]]

the terminating provider or terminating tandem. I certify that any 
nondisclosure agreement with an intermediate provider permits 
____(entity) to reveal the identity of the intermediate provider and any 
additional intermediate provider to the Commission and to the rural 
incumbent local exchange carrier(s) whose incoming long-distance calls 
are affected by the intermediate provider's performance. I certify that 
____(entity) has a process in place to monitor the performance of its 
intermediate providers.''
    (2) The certification in paragraph (a)(1) of this section must be 
submitted:
    (i) For the first time on or before February 26, 2019; and
    (ii) Annually thereafter.
    (b) The requirements of Sec.  64.2119 shall not apply to 
intermediate provider traffic transmitted by safe harbor qualifying 
covered providers functioning as intermediate providers.

[84 FR 25706, June 4, 2019]



Sec.  64.2111  Covered provider rural call completion practices.

    For each intermediate provider with which it contracts, a covered 
provider shall:
    (a) Monitor the intermediate provider's performance in the 
completion of call attempts to rural telephone companies from subscriber 
lines for which the covered provider makes the initial long-distance 
call path choice; and
    (b) Based on the results of such monitoring, take steps that are 
reasonably calculated to correct any identified performance problem with 
the intermediate provider, including removing the intermediate provider 
from a particular route after sustained inadequate performance.

[83 FR 21737, May 10, 2018]



Sec.  64.2113  Covered provider point of contact.

    Covered providers shall make publicly available contact information 
for the receipt and handling of rural call completion issues. Covered 
providers must designate a telephone number and email address for the 
express purpose of receiving and responding to any rural call completion 
issues. Covered providers shall include this information on their 
websites, and the required contact information must be easy to find and 
use. Covered providers shall keep this information current and update it 
to reflect any changes within ten (10) business days. Covered providers 
shall ensure that any staff reachable through this contact information 
has the technical capability to promptly respond to and address rural 
call completion issues. Covered providers must respond to communications 
regarding rural call completion issues via the contact information 
required under this rule as soon as reasonably practicable and, under 
ordinary circumstances, within a single business day.

[83 FR 21738, May 10, 2018]



Sec.  64.2115  Registration of Intermediate Providers.

    (a) Registration. An intermediate provider that offers or holds 
itself out as offering the capability to transmit covered voice 
communications from one destination to another and that charges any rate 
to any other entity (including an affiliated entity) for the 
transmission shall register with the Commission in accordance with this 
section. The intermediate provider shall provide the following 
information in its registration:
    (1) The intermediate provider's business name(s) and primary 
address;
    (2) The name(s), telephone number(s), email address(es), and 
business address(es) of the intermediate provider's regulatory contact 
and/or designated agent for service of process;
    (3) All business names that the intermediate provider has used in 
the past;
    (4) The state(s) in which the intermediate provider provides 
service;
    (5) The name, title, business address, telephone number, and email 
address of at least one person as well as the department within the 
company responsible for addressing rural call completion issues, and;
    (6) The name(s), business address, and business telephone number(s) 
for an executive leadership contact, such as the chief executive 
officer, chief operating officer, or owner(s) of the intermediate 
provider, or persons performing an

[[Page 564]]

equivalent function, who directs or manages the entity.
    (b) Submission of registration. An intermediate provider that is 
subject to the registration requirement in paragraph (a) of this section 
shall submit the information described therein to the intermediate 
provider registry on the Commission's website. The registration shall be 
made under penalty of perjury.
    (c) Changes in information. An intermediate provider must update its 
submission to the intermediate provider registry on the Commission's 
website within 10 business days of any change to the information it must 
provide pursuant to paragraph (a) of this section.

[83 FR 47308, Sept. 19, 2018]



Sec.  64.2117  Use of Registered Intermediate Providers.

    (a) Prohibition on use of unregistered intermediate providers. A 
covered provider shall not use an intermediate provider to carry, route, 
or transmit covered voice communications unless such intermediate 
provider is registered pursuant to section 64.2115 of this subpart.
    (b) Force majeure exemption. (1) If, due to a force majeure for 
which a covered provider has instituted a disaster recovery plan, there 
are no registered intermediate providers available to carry, route, or 
transmit covered voice communications, a covered provider need not 
comply with paragraph (a) of this section for a period of up to 180 days 
with respect to those covered voice communications. A covered provider 
shall submit to the Commission a certification, signed by a corporate 
officer or official with authority to bind the corporation, and 
knowledge of the details of the covered provider's inability to comply 
with our rules, explaining the circumstances justifying an exemption 
under this section as soon as practicable.
    (2) A covered provider seeking an extension of the exemption 
described in paragraph (b)(1) of this section must submit a request for 
an extension of the exemption period to the Commission. Such an 
extension request shall, at minimum, include a status report on the 
covered provider's attempts to comply with paragraph (a) of this 
section; and a statement detailing how the covered provider intends to 
ensure that calls are completed notwithstanding the unavailability of 
registered intermediate providers.
    (3) For purposes of this section, ``force majeure'' means a highly 
disruptive event beyond the control of the covered provider, such as a 
natural disaster or a terrorist attack.
    (4) For purposes of this section, ``disaster recovery plan'' means a 
disaster response plan developed by the covered provider for the purpose 
of responding to a force majeure event.

[83 FR 47309, Sept. 19, 2018]



Sec.  64.2119  Intermediate provider service quality standards.

    Any intermediate provider that offers or holds itself out as 
offering the capability to transmit covered voice communications from 
one destination to another and that charges any rate to any other entity 
(including an affiliated entity) for the transmission must abide by the 
following service quality standards:
    (a) Duty to complete calls. Intermediate providers must take steps 
reasonably calculated to ensure that all covered voice communications 
that traverse their networks are delivered to their destination. An 
intermediate provider may violate this duty to complete calls if it 
knows, or should know, that calls are not being completed to certain 
areas, and it engages in acts or omissions that allow, or effectively 
allow, these conditions to persist.
    (b) Rural call completion performance monitoring. For each 
intermediate provider with which it contracts, an intermediate provider 
shall:
    (1) Monitor the intermediate provider's performance in the 
completion of call attempts to rural telephone companies; and
    (2) Based on the results of such monitoring, take steps that are 
reasonably calculated to correct any identified performance problem with 
the intermediate provider, including removing that provider for 
sustained poor performance.
    (c) Registration of subsequent intermediate providers. Intermediate 
providers shall ensure that any additional intermediate providers to 
which they

[[Page 565]]

hand off calls are registered with the Commission pursuant to Sec.  
64.2115.

[84 FR 25706, June 4, 2019]



                   Subpart W_Ring Signaling Integrity

    Source: 78 FR 76241, Dec. 17, 2013, unless otherwise noted.



Sec.  64.2201  Ringing indication requirements.

    (a) A long-distance voice service provider shall not convey a 
ringing indication to the calling party until the terminating provider 
has signaled that the called party is being alerted to an incoming call, 
such as by ringing.
    (1) If the terminating provider signals that the called party is 
being alerted and provides an audio tone or announcement, originating 
providers must cease any locally generated audible tone or announcement 
and convey the terminating provider's tone or announcement to the 
calling party.
    (2) The requirements in this paragraph apply to all voice call 
signaling and transmission technologies and to all long-distance voice 
service providers, including local exchange carriers as defined in Sec.  
64.4001(e), interexchange carriers as defined in Sec.  64.4001(d), 
providers of commercial mobile radio service as defined in Sec.  20.3 of 
this chapter, providers of interconnected voice over Internet Protocol 
(VoIP) service as defined in 47 U.S.C. 153(25), and providers of non-
interconnected VoIP service as defined in 47 U.S.C. 153(36) to the 
extent such providers offer the capability to place calls to or receive 
calls from the public switched telephone network.
    (b) Intermediate providers must return unaltered to providers in the 
call path any signaling information that indicates that the terminating 
provider is alerting the called party, such as by ringing.
    (1) An intermediate provider may not generate signaling information 
that indicates the terminating provider is alerting the called party. An 
intermediate provider must pass the signaling information indicating 
that the called party is being alerted unaltered to subsequent providers 
in the call path.
    (2) Intermediate providers must also return unaltered any audio tone 
or announcement provided by the terminating provider.
    (3) In this section, the term ``intermediate provider'' has the same 
meaning as in Sec.  64.1600(f).
    (4) The requirements in this section apply to all voice call 
signaling and transmission technologies.
    (c) The requirements in paragraphs (a) and (b) of this section apply 
to both interstate and intrastate calls, as well as to both originating 
and terminating international calls while they are within the United 
States.



                  Subpart X_Subscriber List Information

    Source: 64 FR 53947, Oct. 5, 2000, unless otherwise noted.



Sec.  64.2301  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 
222(e) of the Communications Act of 1934, as amended, 47 U.S.C. 222. 
Section 222(e) requires that ``a telecommunications carrier that 
provides telephone exchange service shall provide subscriber list 
information gathered in its capacity as a provider of such service on a 
timely and unbundled basis, under nondiscriminatory and reasonable 
rates, terms, and conditions, to any person upon request for the purpose 
of publishing directories in any format.''



Sec.  64.2305  Definitions.

    Terms used in this subpart have the following meanings:
    (a) Base file subscriber list information. A directory publisher 
requests base file subscriber list information when the publisher 
requests, as of a given date, all of a carrier's subscriber list 
information that the publisher wishes to include in one or more 
directories.
    (b) Business subscriber. Business subscriber refers to a subscriber 
to telephone exchange service for businesses.
    (c) Primary advertising classification. A primary advertising 
classification is

[[Page 566]]

the principal business heading under which a subscriber to telephone 
exchange service for businesses chooses to be listed in the yellow 
pages, if the carrier either assigns that heading or is obligated to 
provide yellow pages listings as part of telephone exchange service to 
businesses. In other circumstances, a primary advertising classification 
is the classification of a subscriber to telephone exchange service as a 
business subscriber.
    (d) Residential subscriber. Residential subscriber refers to a 
subscriber to telephone exchange service that is not a business 
subscriber.
    (e) Subscriber list information. Subscriber list information is any 
information:
    (1) Identifying the listed names of subscribers of a carrier and 
such subscribers' 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 carrier or an affiliate has published, caused to be 
published, or accepted for publication in any directory format.
    (f) 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 47 
U.S.C. 226(a)(2)).
    (g) Telephone exchange service. Telephone exchange service means:
    (1) 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
    (B) 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.
    (h) Updated subscriber list information. A directory publisher 
requests updated subscriber list information when the publisher requests 
changes to all or any part of a carrier's subscriber list information 
occurring between specified dates.



Sec.  64.2309  Provision of subscriber list information.

    (a) A telecommunications carrier that provides telephone exchange 
service shall provide subscriber list information gathered in its 
capacity as a provider of such service on a timely and unbundled basis, 
under nondiscriminatory and reasonable rates, terms, and conditions, to 
any person upon request for the purpose of publishing directories in any 
format.
    (b) The obligation under paragraph (a) to provide a particular 
telephone subscriber's subscriber list information extends only to the 
carrier that provides that subscriber with telephone exchange service.



Sec.  64.2313  Timely basis.

    (a) For purposes of Sec.  64.2309, a telecommunications carrier 
provides subscriber list information on a timely basis only if the 
carrier provides the requested information to the requesting directory 
publisher either:
    (1) At the time at which, or according to the schedule under which, 
the directory publisher requests that the subscriber list information be 
provided;
    (2) When the carrier does not receive at least thirty days advance 
notice of the time the directory publisher requests that subscriber list 
information be provided, on the first business day that is at least 
thirty days from date the carrier receives that request; or
    (3) At a time determined in accordance with paragraph (b) of this 
section.
    (b) If a carrier's internal systems do not permit the carrier to 
provide subscriber list information within either of the time frames 
specified in paragraph (a)(1) of this section, the carrier shall:
    (1) Within thirty days of receiving the publisher's request, inform 
the directory publisher that the requested schedule cannot be 
accommodated and tell the directory publisher which schedules can be 
accommodated; and
    (2) Adhere to the schedule the directory publisher chooses from 
among the available schedules.

[[Page 567]]



Sec.  64.2317  Unbundled basis.

    (a) A directory publisher may request that a carrier unbundle 
subscriber list information on any basis for the purpose of publishing 
one or more directories.
    (b) For purposes of Sec.  64.2309, a telecommunications carrier 
provides subscriber list information on an unbundled basis only if the 
carrier provides:
    (1) The listings the directory publisher requests and no other 
listings, products, or services; or
    (2) Subscriber list information on a basis determined in accordance 
with paragraph (c) of this section.
    (c) If the carrier's internal systems do not permit it unbundle 
subscriber list information on the basis a directory publisher requests, 
the carrier must:
    (1) Within thirty days of receiving the publisher's request, inform 
the directory publisher that it cannot unbundle subscriber list 
information on the requested basis and tell the directory publisher the 
bases on which the carrier can unbundle subscriber list information; and
    (2) In accordance with paragraph (d) of this section, provide 
subscriber list information to the directory publisher unbundled on the 
basis the directory publisher chooses from among the available bases.
    (d) If a carrier provides a directory publisher listings in addition 
to those the directory publisher requests, the carrier may impose 
charges for, and the directory publisher may publish, only the requested 
listings.
    (e) A carrier must not require directory publishers to purchase any 
product or service other than subscriber list information as a condition 
of obtaining subscriber list information.



Sec.  64.2321  Nondiscriminatory rates, terms, and conditions.

    For purposes of Sec.  64.2309, a telecommunications carrier provides 
subscriber list information under nondiscriminatory rates, terms, and 
conditions only if the carrier provides subscriber list information 
gathered in its capacity as a provider of telephone exchange service to 
a requesting directory publisher at the same rates, terms, and 
conditions that the carrier provides the information to its own 
directory publishing operation, its directory publishing affiliate, or 
other directory publishers.



Sec.  64.2325  Reasonable rates, terms, and conditions.

    (a) For purposes of Sec.  64.2309, a telecommunications carrier will 
be presumed to provide subscriber list information under reasonable 
rates if its rates are no more than $0.04 a listing for base file 
subscriber list information and no more than $0.06 a listing for updated 
subscriber list information.
    (b) For purposes of Sec.  64.2309, a telecommunications carrier 
provides subscriber list information under reasonable terms and 
conditions only if the carrier does not restrict a directory publisher's 
choice of directory format.



Sec.  64.2329  Format.

    (a) A carrier shall provide subscriber list information obtained in 
its capacity as a provider of telephone exchange service to a requesting 
directory publisher in the format the publisher specifies, if the 
carrier's internal systems can accommodate that format.
    (b) If a carrier's internal systems do not permit the carrier to 
provide subscriber list information in the format the directory 
publisher specifies, the carrier shall:
    (1) Within thirty days of receiving the publisher's request, inform 
the directory publisher that the requested format cannot be accommodated 
and tell the directory publisher which formats can be accommodated; and
    (2) Provide the requested subscriber list information in the format 
the directory publisher chooses from among the available formats.



Sec.  64.2333  Burden of proof.

    (a) In any future proceeding arising under section 222(e) of the 
Communications Act or Sec.  64.2309, the burden of proof will be on the 
carrier to the extent it claims its internal subscriber list information 
systems cannot accommodate the delivery time, delivery schedule, 
unbundling level, or format requested by a directory publisher.

[[Page 568]]

    (b) In any future proceeding arising under section 222(e) of the 
Communications Act or Sec.  64.2309, the burden of proof will be on the 
carrier to the extent it seeks a rate exceeding $0.04 per listing for 
base file subscriber list information or $0.06 per listing for updated 
subscriber list information.



Sec.  64.2337  Directory publishing purposes.

    (a) Except to the extent the carrier and directory publisher 
otherwise agree, a directory publisher shall use subscriber list 
information obtained pursuant to section 222(e) of the Communications 
Act or Sec.  64.2309 only for the purpose of publishing directories.
    (b) A directory publisher uses subscriber list information ``for the 
purpose of publishing directories'' if the publisher includes that 
information in a directory, or uses that information to determine what 
information should be included in a directory, solicit advertisers for a 
directory, or deliver directories.
    (c) A telecommunications carrier may require any person requesting 
subscriber list information pursuant to section 222(e) of the 
Communications Act or Sec.  64.2309 to certify that the publisher will 
use the information only for purposes of publishing a directory.
    (d) A carrier must provide subscriber list information to a 
requesting directory publisher even if the carrier believes that the 
directory publisher will use that information for purposes other than or 
in addition to directory publishing.



Sec.  64.2341  Record keeping.

    (a) A telecommunications carrier must retain, for at least one year 
after its expiration, each written contract that it has executed for the 
provision of subscriber list information for directory publishing 
purposes to itself, an affiliate, or an entity that publishes 
directories on the carrier's behalf.
    (b) A telecommunications carrier must maintain, for at least one 
year after the carrier provides subscriber list information for 
directory publishing purposes to itself, an affiliate, or an entity that 
publishes directories on the carrier's behalf, records of any of its 
rates, terms, and conditions for providing that subscriber list 
information which are not set forth in a written contract.
    (c) Except to the extent specified in paragraph (d), a carrier shall 
make the contracts and records described in paragraphs (a) and (b) 
available, upon request, to the Commission and to any directory 
publisher that requests those contracts and records for the purpose of 
publishing a directory.
    (d) A carrier need not disclose to a directory publisher pursuant to 
paragraph (c) portions of requested contracts that are wholly unrelated 
to the rates, terms, or conditions under which the carrier provides 
subscriber list information to itself, an affiliate, or an entity that 
publishes directories on the carrier's behalf.
    (e) A carrier may subject its disclosure of subscriber list 
information contracts or records to a directory publisher pursuant to 
paragraph (c) to a confidentiality agreement that limits access to and 
use of the information to the purpose of determining the rates, terms, 
and conditions under which the carrier provides subscriber list 
information to itself, an affiliate, or an entity that publishes 
directories on the carrier's behalf.

[28 FR 13239, Dec. 5, 1963, as amended at 69 FR 62816, Oct. 28, 2004]



Sec.  64.2345  Primary advertising classification.

    A primary advertising classification is assigned at the time of the 
establishment of telephone exchange service if the carrier that provides 
telephone exchange service assigns the classification or if a tariff or 
State requirement obligates the carrier to provide yellow pages listings 
as part of telephone exchange service to businesses.



Subpart Y_Truth-in-Billing Requirements for Common Carriers; Billing for 
                          Unauthorized Charges

    Source: 64 FR 34497, June 25, 1999, unless otherwise noted.

[[Page 569]]



Sec.  64.2400  Purpose and scope.

    (a) The purpose of these rules is to reduce slamming and other 
telecommunications fraud by setting standards for bills for 
telecommunications service. These rules are also intended to aid 
customers in understanding their telecommunications bills, and to 
provide them with the tools they need to make informed choices in the 
market for telecommunications service.
    (b) These rules shall apply to all telecommunications common 
carriers and to all bills containing charges for intrastate or 
interstate services, except as follows:
    (1) Sections 64.2401(a)(2), 64.2401(a)(3), 64.2401(c), and 
64.2401(f) shall not apply to providers of Commercial Mobile Radio 
Service as defined in Sec.  20.9 of this chapter, or to other providers 
of mobile service as defined in Sec.  20.7 of this chapter, unless the 
Commission determines otherwise in a further rulemaking.
    (2) Sections 64.2401(a)(3) and 64.2401(f) shall not apply to bills 
containing charges only for intrastate services.
    (c) Preemptive effect of rules. The requirements contained in this 
subpart are not intended to preempt the adoption or enforcement of 
consistent truth-in-billing requirements by the states.

[64 FR 34497, June 25, 1999; 64 FR 56177, Oct. 18, 1999; 65 FR 36637, 
June 9, 2000, as amended at 65 FR 43258, July 13, 2000; 69 FR 34950, 
June 23, 2004; 70 FR 29983, May 25, 2005; 77 FR 30919, May 24, 2012]



Sec.  64.2401  Truth-in-Billing Requirements.

    (a) Bill organization. Telephone bills shall be clearly organized, 
and must comply with the following requirements:
    (1) The name of the service provider associated with each charge 
must be clearly and conspicuously identified on the telephone bill.
    (2) Where charges for two or more carriers appear on the same 
telephone bill, the charges must be separated by service provider.
    (3) Carriers that place on their telephone bills charges from third 
parties for non-telecommunications services must place those charges in 
a distinct section of the bill separate from all carrier charges. 
Charges in each distinct section of the bill must be separately 
subtotaled. These separate subtotals for carrier and non-carrier charges 
also must be clearly and conspicuously displayed along with the bill 
total on the payment page of a paper bill or equivalent location on an 
electronic bill. For purposes of this subparagraph ``equivalent location 
on an electronic bill'' shall mean any location on an electronic bill 
where the bill total is displayed and any location where the bill total 
is displayed before the bill recipient accesses the complete electronic 
bill, such as in an electronic mail message notifying the bill recipient 
of the bill and an electronic link or notice on a Web site or electronic 
payment portal.
    (4) The telephone bill must clearly and conspicuously identify any 
change in service provider, including identification of charges from any 
new service provider. For purpose of this subparagraph ``new service 
provider'' means a service provider that did not bill the subscriber for 
service during the service provider's last billing cycle. This 
definition shall include only providers that have continuing 
relationships with the subscriber that will result in periodic charges 
on the subscriber's bill, unless the service is subsequently canceled.
    (b) Descriptions of billed charges. Charges contained on telephone 
bills must be accompanied by a brief, clear, non-misleading, plain 
language description of the service or services rendered. The 
description must be sufficiently clear in presentation and specific 
enough in content so that customers can accurately assess that the 
services for which they are billed correspond to those that they have 
requested and received, and that the costs assessed for those services 
conform to their understanding of the price charged.
    (c) ``Deniable'' and ``Non-Deniable'' Charges. Where a bill contains 
charges for basic local service, in addition to other charges, the bill 
must distinguish between charges for which non-payment will result in 
disconnection of basic, local service, and charges for which non-payment 
will not result in such disconnection. The carrier must

[[Page 570]]

explain this distinction to the customer, and must clearly and 
conspicuously identify on the bill those charges for which non-payment 
will not result in disconnection of basic, local service. Carriers may 
also elect to devise other methods of informing consumers on the bill 
that they may contest charges prior to payment.
    (d) Clear and conspicuous disclosure of inquiry contacts. Telephone 
bills must contain clear and conspicuous disclosure of any information 
that the subscriber may need to make inquiries about, or contest, 
charges on the bill. Common carriers must prominently display on each 
bill a toll-free number or numbers by which subscribers may inquire or 
dispute any charges on the bill. A carrier may list a toll-free number 
for a billing agent, clearinghouse, or other third party, provided such 
party possesses sufficient information to answer questions concerning 
the subscriber's account and is fully authorized to resolve the 
consumer's complaints on the carrier's behalf. Where the subscriber does 
not receive a paper copy of his or her telephone bill, but instead 
accesses that bill only by e-mail or internet, the carrier may comply 
with this requirement by providing on the bill an e-mail or web site 
address. Each carrier must make a business address available upon 
request from a consumer.
    (e) Definition of clear and conspicuous. For purposes of this 
section, ``clear and conspicuous'' means notice that would be apparent 
to the reasonable consumer.
    (f) Blocking of third-party charges. (1) Carriers that offer 
subscribers the option to block third-party charges from appearing on 
telephone bills must clearly and conspicuously notify subscribers of 
this option at the point of sale and on each carrier's Web site.
    (2) Carriers that offer subscribers the option to block third-party 
charges from appearing on telephone bills must clearly and conspicuously 
notify subscribers of this option on each telephone bill.
    (g) Prohibition against unauthorized charges. Carriers shall not 
place or cause to be placed on any telephone bill charges that have not 
been authorized by the subscriber.

[64 FR 34497, June 25, 1999, as amended at 65 FR 43258, July 13, 2000; 
76 FR 63563, Oct. 13, 2011; 77 FR 30919, May 24, 2012; 77 FR 71354, Nov. 
30, 2012; 83 FR 33143, July 17, 2018]



     Subpart Z_Prohibition on Exclusive Telecommunications Contracts

    Source: 66 FR 2334, Jan. 11, 2001, unless otherwise noted.



Sec.  64.2500  Prohibited agreements and required disclosures.

    (a) No common carrier shall enter into any contract, written or 
oral, that would in any way restrict the right of any commercial 
multiunit premises owner, or any agent or representative thereof, to 
permit any other common carrier to access and serve commercial tenants 
on that premises.
    (b) No common carrier shall enter into or enforce any contract, 
written or oral, that would in any way restrict the right of any 
residential multiunit premises owner, or any agent or representative 
thereof, to permit any other common carrier to access and serve 
residential tenants on that premises.
    (c) No common carrier shall enter into or enforce any contract 
regarding the provision of communications service in a multiunit 
premise, written or oral, in which it gives the multiunit premise owner 
compensation on a graduated basis.
    (1) Definition. For purposes of this paragraph (c), a ``graduated 
basis'' means that the compensation a common carrier pays to a multiunit 
premise owner for each tenant served increases as the total number of 
tenants served by the common carrier in the multiunit premise increases.
    (2) Compliance dates--(i) Compliance date for new contracts. After 
April 27, 2022, no common carrier shall enter into any contract 
regarding the provision of communications service in a multiunit 
premise, written or oral, in which it gives the multiunit premise owner 
compensation on a graduated basis.
    (ii) Compliance date for existing contracts. After September 26, 
2022, no

[[Page 571]]

common carrier shall enforce any contract regarding the provision of 
communications service in a multiunit premise, written or oral, in 
existence as of April 27, 2022, in which it gives the multiunit premise 
owner compensation on a graduated basis.
    (d) No common carrier shall enter into or enforce any contract 
regarding the provision of communications service in a multiunit 
premise, written or oral, in which it receives the exclusive right to 
provide the multiunit premise owner compensation in return for access to 
the multiunit premise and its tenants.
    (1) Compliance date for new contracts. After April 27, 2022, no 
common carrier shall enter into any contract, written or oral, in which 
it receives the exclusive right to provide the multiunit premise owner 
compensation in return for access to the multiunit premise and its 
tenants.
    (2) Compliance date for existing contracts. After September 26, 
2022, no common carrier shall enforce any contract regarding the 
provision of communications service in a multiunit premise written or 
oral, in existence as of April 27, 2022, in which it receives the 
exclusive right to provide the multiunit premise owner compensation in 
return for access to the multiunit premise and its tenants.
    (e) A common carrier shall disclose the existence of any contract 
regarding the provision of communications service in a multiunit 
premise, written or oral, in which it receives the exclusive right to 
market its service to tenants of a multiunit premise.
    (1) Such disclosure must:
    (i) Be included on all written marketing material, whether 
electronic or in print, that is directed at tenants or prospective 
tenants of the affected multiunit premise;
    (ii) Identify the existence of the contract and include a plain-
language description of the arrangement, including that the provider has 
the right to exclusively market its communications services to tenants 
in the multiunit premise, that such a right does not mean that the 
provider is the only entity that can provide such services to tenants in 
the multiunit premise, and that service from an alternative provider may 
be available; and
    (iii) Be made in a manner that it is clear, conspicuous, and 
legible.
    (2)(i) Compliance date for new contracts. After August 22, 2022, a 
common carrier shall disclose the existence of any contract entered into 
on or after April 27, 2022, regarding the provision of communications 
service in a multiunit premise, written or oral, in which it receives 
the exclusive right to market its service to tenants of a multiunit 
premise.
    (ii) Compliance date for existing contracts. After September 26, 
2022, a common carrier shall disclose the existence of any contract in 
existence as of April 27, 2022, regarding the provision of 
communications service in a multiunit premise, written or oral, in which 
it receives the exclusive right to market its service to tenants of a 
multiunit premise.

[73 FR 28057, May 15, 2008, as amended at 87 FR 17193, Mar. 28, 2022; 87 
FR 51268, Aug. 22, 2022]



Sec.  64.2501  Scope of limitation.

    For the purposes of this subpart, a multiunit premises is any 
contiguous area under common ownership or control that contains two or 
more distinct units. A commercial multiunit premises is any multiunit 
premises that is predominantly used for non-residential purposes, 
including for-profit, non-profit, and governmental uses. A residential 
multiunit premises is any multiunit premises that is predominantly used 
for residential purposes.

[73 FR 28057, May 15, 2008]



Sec.  64.2502  Effect of state law or regulation.

    This subpart shall not preempt any state law or state regulation 
that requires a governmental entity to enter into a contract or 
understanding with a common carrier which would restrict such 
governmental entity's right to obtain telecommunications service from 
another common carrier.

Subpart AA [Reserved]

[[Page 572]]



 Subpart BB_Restrictions on Unwanted Mobile Service Commercial Messages

    Authority: 15 U.S.C. 7701-7713, Public Law 108-187, 117 Stat. 2699.



Sec.  64.3100  Restrictions on mobile service commercial messages.

    (a) No person or entity may initiate any mobile service commercial 
message, as those terms are defined in paragraph (c)(7) of this section, 
unless:
    (1) That person or entity has the express prior authorization of the 
addressee;
    (2) That person or entity is forwarding that message to its own 
address;
    (3) That person or entity is forwarding to an address provided that
    (i) The original sender has not provided any payment, consideration 
or other inducement to that person or entity; and
    (ii) That message does not advertise or promote a product, service, 
or Internet website of the person or entity forwarding the message; or
    (4) The address to which that message is sent or directed does not 
include a reference to a domain name that has been posted on the FCC's 
wireless domain names list for a period of at least 30 days before that 
message was initiated, provided that the person or entity does not 
knowingly initiate a mobile service commercial message.
    (b) Any person or entity initiating any mobile service commercial 
message must:
    (1) Cease sending further messages within ten (10) days after 
receiving such a request by a subscriber;
    (2) Include a functioning return electronic mail address or other 
Internet-based mechanism that is clearly and conspicuously displayed for 
the purpose of receiving requests to cease the initiating of mobile 
service commercial messages and/or commercial electronic mail messages, 
and that does not require the subscriber to view or hear further 
commercial content other than institutional identification;
    (3) Provide to a recipient who electronically grants express prior 
authorization to send commercial electronic mail messages with a 
functioning option and clear and conspicuous instructions to reject 
further messages by the same electronic means that was used to obtain 
authorization;
    (4) Ensure that the use of at least one option provided in 
paragraphs (b)(2) and (b)(3) of this section does not result in 
additional charges to the subscriber;
    (5) Identify themselves in the message in a form that will allow a 
subscriber to reasonably determine that the sender is the authorized 
entity; and
    (6) For no less than 30 days after the transmission of any mobile 
service commercial message, remain capable of receiving messages or 
communications made to the electronic mail address, other Internet-based 
mechanism or, if applicable, other electronic means provided by the 
sender as described in paragraph (b)(2) and (b)(3) of this section.
    (c) Definitions. For the purpose of this subpart:
    (1) Commercial Mobile Radio Service Provider means any provider that 
offers the services defined in 47 CFR Section 20.9.
    (2) Commercial electronic mail message means the term as defined in 
the CAN-SPAM Act, 15 U.S.C 7702 and as further defined under 16 CFR 
316.3. The term is defined as ``an electronic message for which the 
primary purpose is commercial advertisement or promotion of a commercial 
product or service (including content on an Internet Web site operated 
for a commercial purpose).'' The term ``commercial electronic mail 
message'' does not include a transactional or relationship message.
    (3) Domain name means any alphanumeric designation which is 
registered with or assigned by any domain name registrar, domain name 
registry, or other domain name registration authority as part of an 
electronic address on the Internet.
    (4) Electronic mail address means a destination, commonly expressed 
as a string of characters, consisting of a unique user name or mailbox 
and a reference to an Internet domain, whether or not displayed, to 
which an electronic mail message can be sent or delivered.
    (5) Electronic mail message means a message sent to a unique 
electronic mail address.

[[Page 573]]

    (6) Initiate, with respect to a commercial electronic mail message, 
means to originate or transmit such messages or to procure the 
origination or transmission of such message, but shall not include 
actions that constitute routine conveyance of such message. For purposes 
of this paragraph, more than one person may be considered to have 
initiated a message. ``Routine conveyance'' means the transmission, 
routing, relaying, handling, or storing, through an automatic technical 
process, or an electronic mail message for which another person has 
identified the recipients or provided the recipient addresses.
    (7) Mobile Service Commercial Message means a commercial electronic 
mail message that is transmitted directly to a wireless device that is 
utilized by a subscriber of a commercial mobile service (as such term is 
defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 
332(d)) in connection with such service. A commercial message is 
presumed to be a mobile service commercial message if it is sent or 
directed to any address containing a reference, whether or not 
displayed, to an Internet domain listed on the FCC's wireless domain 
names list. The FCC's wireless domain names list will be available on 
the FCC's website and at the Commission headquarters, located at the 
address indicated in 47 CFR 0.401(a).
    (8) Transactional or relationship message means the following and is 
further defined under 16 CFR 316.3 as any electronic mail message the 
primary purpose of which is:
    (i) To facilitate, complete, or confirm a commercial transaction 
that the recipient has previously agreed to enter into with the sender;
    (ii) To provide warranty information, product recall information, or 
safety or security information with respect to a commercial product or 
service used or purchased by the recipient;
    (iii) To provide:
    (A) Notification concerning a change in the terms or features of;
    (B) Notification of a change in the recipient's standing or status 
with respect to; or
    (C) At regular periodic intervals, account balance information or 
other type of account statement with respect to a subscription, 
membership, account, loan, or comparable ongoing commercial relationship 
involving the ongoing purchase or use by the recipient of products or 
services offered by the sender;
    (D) To provide information directly related to an employment 
relationship or related benefit plan in which the recipient is currently 
involved, participating, or enrolled; or
    (E) To deliver goods or services, including product updates or 
upgrades, that the recipient is entitled to receive under the terms of a 
transaction that the recipient has previously agreed to enter into with 
the sender.
    (d) Express Prior Authorization may be obtained by oral or written 
means, including electronic methods.
    (1) Written authorization must contain the subscriber's signature, 
including an electronic signature as defined by 15 U.S.C. 7001 (E-Sign 
Act).
    (2) All authorizations must include the electronic mail address to 
which mobile service commercial messages can be sent or directed. If the 
authorization is made through a website, the website must allow the 
subscriber to input the specific electronic mail address to which 
commercial messages may be sent.
    (3) Express Prior Authorization must be obtained by the party 
initiating the mobile service commercial message. In the absence of a 
specific request by the subscriber to the contrary, express prior 
authorization shall apply only to the particular person or entity 
seeking the authorization and not to any affiliated entities unless the 
subscriber expressly agrees to their being included in the express prior 
authorization.
    (4) Express Prior Authorization may be revoked by a request from the 
subscriber, as noted in paragraph (b)(2) and (b)(3) of this section.
    (5) All requests for express prior authorization must include the 
following disclosures:
    (i) That the subscriber is agreeing to receive mobile service 
commercial messages sent to his/her wireless device from a particular 
sender. The disclosure must state clearly the identity of the business, 
individual, or other entity that will be sending the messages;

[[Page 574]]

    (ii) That the subscriber may be charged by his/her wireless service 
provider in connection with receipt of such messages; and
    (iii) That the subscriber may revoke his/her authorization to 
receive MSCMs at any time.
    (6) All notices containing the required disclosures must be clearly 
legible, use sufficiently large type or, if audio, be of sufficiently 
loud volume, and be placed so as to be readily apparent to a wireless 
subscriber. Any such disclosures must be presented separately from any 
other authorizations in the document or oral presentation. If any 
portion of the notice is translated into another language, then all 
portions of the notice must be translated into the same language.
    (e) All CMRS providers must identify all electronic mail domain 
names used to offer subscribers messaging specifically for wireless 
devices in connection with commercial mobile service in the manner and 
time-frame described in a public notice to be issued by the Consumer & 
Governmental Affairs Bureau.
    (f) Each CMRS provider is responsible for the continuing accuracy 
and completeness of information furnished for the FCC's wireless domain 
names list. CMRS providers must:
    (1) File any future updates to listings with the Commission not less 
than 30 days before issuing subscribers any new or modified domain name;
    (2) Remove any domain name that has not been issued to subscribers 
or is no longer in use within 6 months of placing it on the list or last 
date of use; and
    (3) Certify that any domain name placed on the FCC's wireless domain 
names list is used for mobile service messaging.

[69 FR 55779, Sept. 16, 2004, as amended at 70 FR 34666, June 15, 2005; 
85 FR 64407, Oct. 13, 2020]



        Subpart CC_Customer Account Record Exchange Requirements

    Authority: 47 U.S.C. 154, 201, 202, 222, 258 unless otherwise noted.

    Source: 70 FR 32263, June 2, 2005, unless otherwise noted.



Sec.  64.4000  Basis and purpose.

    (a) Basis. The rules in this subpart are issued pursuant to the 
Communications Act of 1934, as amended.
    (b) Purpose. The purpose of these rules is to facilitate the timely 
and accurate establishment, termination, and billing of customer 
telephone service accounts.



Sec.  64.4001  Definitions.

    Terms in this subpart have the following meanings:
    (a) Automatic number identification (ANI). The term automatic number 
identification refers to the delivery of the calling party's billing 
telephone number by a local exchange carrier to any interconnecting 
carrier for billing or routing purposes.
    (b) Billing name and address (BNA). The term billing name and 
address means the name and address provided to a [LEC] by each of its 
local exchange customers to which the [LEC] directs bills for its 
services.
    (c) Customer. The term customer means the end user to whom a local 
exchange carrier or interexchange carrier is providing local exchange or 
telephone toll service.
    (d) Interexchange carrier (IXC). The term interexchange carrier 
means a telephone company that provides telephone toll service. An 
interexchange carrier does not include commercial mobile radio service 
providers as defined by federal law.
    (e) Local exchange carrier (LEC). The term local exchange carrier 
means 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 Sec.  332(c), except to the extent that the Commission 
finds that such service should be included in the definition of that 
term.
    (f) Preferred interexchange carrier (PIC). The term preferred 
interexchange carrier means the carrier to which a customer chooses to 
be presubscribed for purposes of receiving intraLATA and/or interLATA 
and/or international toll services.

[[Page 575]]



Sec.  64.4002  Notification obligations of LECs.

    To the extent that the information is reasonably available to a LEC, 
the LEC shall provide to an IXC the customer account information 
described in this section consistent with Sec.  64.4004. Nothing in this 
section shall prevent a LEC from providing additional customer account 
information to an IXC to the extent that such additional information is 
necessary for billing purposes or to properly execute a customer's PIC 
order.
    (a) Customer-submitted PIC order. Upon receiving and processing a 
PIC selection submitted by a customer and placing the customer on the 
network of the customer's preferred interexchange carrier at the LEC's 
local switch, the LEC must notify the IXC of this event. The 
notification provided by the LEC to the IXC must contain all of the 
customer account information necessary to allow for proper billing of 
the customer by the IXC including but not limited to:
    (1) The customer's billing telephone number, working telephone 
number, and billing name and address;
    (2) The effective date of the PIC change;
    (3) A statement describing the customer type (i.e., business or 
residential);
    (4) A statement indicating, to the extent appropriate, that the 
customer's telephone service listing is not printed in a directory and 
is not available from directory assistance or is not printed in a 
directory but is available from directory assistance;
    (5) The jurisdictional scope of the PIC installation (i.e., 
intraLATA and/or interLATA and/or international);
    (6) The carrier identification code of the IXC; and
    (7) If relevant, a statement indicating that the customer's account 
is subject to a PIC freeze. The notification also must contain 
information, if relevant and to the extent that it is available, 
reflecting the fact that a customer's PIC selection was the result of:
    (i) A move (an end user customer has moved from one location to 
another within a LEC's service territory);
    (ii) A change in responsible billing party; or
    (iii) The resolution of a PIC dispute.
    (b) Confirmation of IXC-submitted PIC order. When a LEC has placed a 
customer on an IXC's network at the local switch in response to an IXC-
submitted PIC order, the LEC must send a confirmation to the submitting 
IXC. The confirmation provided by the LEC to the IXC must include:
    (1) The customer's billing telephone number, working telephone 
number, and billing name and address;
    (2) The effective date of the PIC change;
    (3) A statement describing the customer type (i.e., business or 
residential);
    (4) A statement indicating, to the extent appropriate, if the 
customer's telephone service listing is not printed in a directory and 
is not available from directory assistance, or is not printed in a 
directory but is available from directory assistance;
    (5) The jurisdictional scope of the PIC installation (i.e., 
intraLATA and/or interLATA and/or international); and
    (6) The carrier identification code of the IXC. If the PIC order at 
issue originally was submitted by an underlying IXC on behalf of a toll 
reseller, the confirmation provided by the LEC to the IXC must indicate, 
to the extent that this information is known, a statement indicating 
that the customer's PIC is a toll reseller.
    (c) Rejection of IXC-submitted PIC order. When a LEC rejects or 
otherwise does not act upon a PIC order submitted to it by an IXC, the 
LEC must notify the IXC and provide the reason(s) why the PIC order 
could not be processed. The notification provided by the LEC to the IXC 
must state that it has rejected the IXC-submitted PIC order and specify 
the reason(s) for the rejection (e.g., due to a lack of information, 
incorrect information, or a PIC freeze on the customer's account). The 
notification must contain the identical data elements that were provided 
to the LEC in the original IXC-submitted PIC order (i.e., mirror image 
of the original order), unless otherwise specified by this paragraph. If 
a LEC rejects an IXC-submitted PIC order for a multi-line account (i.e., 
the customer has selected the IXC as his PIC for two

[[Page 576]]

or more lines or terminals associated with his billing telephone 
number), the notification provided by the LEC rejecting that order must 
explain the effect of the rejection with respect to each line (working 
telephone number or terminal) associated with the customer's billing 
telephone number. A LEC is not required to generate a line-specific or 
terminal-specific response, however, and may communicate the rejection 
at the billing telephone level, when the LEC is unable to process an 
entire order, including all working telephone numbers and terminals 
associated with a particular billing telephone number. In addition, the 
notification must indicate the jurisdictional scope of the PIC order 
rejection (i.e., intraLATA and/or interLATA and/or international). If a 
LEC rejects a PIC order because:
    (1) The customer's telephone number has been ported to another LEC; 
or
    (2) The customer has otherwise changed local service providers, the 
LEC must include in its notification, to the extent that it is 
available, the identity of the customer's new LEC.
    (d) Customer contacts LEC or new IXC to change PIC(s) or customer 
contacts LEC or current IXC to change PIC to No-PIC. When a LEC has 
removed at its local switch a presubscribed customer from an IXC's 
network in response to a customer order, upon receipt of a properly 
verified PIC order submitted by another IXC, or in response to a 
notification from the customer's current IXC relating to the customer's 
request to change his or her PIC to No-PIC, the LEC must notify the 
customer's former IXC of this event. The LEC must provide to the IXC the 
customer account information that is necessary to allow for proper final 
billing of the customer by the IXC including but not limited to:
    (1) The customer's billing telephone number, working telephone 
number, and billing name and address;
    (2) The effective date of the PIC change;
    (3) A description of the customer type (i.e., business or 
residential);
    (4) The jurisdictional scope of the lines or terminals affected 
(i.e., intraLATA and/or interLATA and/or international); and
    (5) The carrier identification code of the IXC. If a customer 
changes PICs but retains the same LEC, the LEC is responsible for 
notifying both the old PIC and new PIC of the PIC change. The 
notification also must contain information, if relevant and to the 
extent that it is available, reflecting the fact that a customer's PIC 
removal was the result of:
    (i) The customer moving from one location to another within the 
LEC's service territory, but where there is no change in local service 
provider;
    (ii) A change of responsible party on an account; or
    (iii) A disputed PIC selection.
    (e) Particular changes to customer's local service account. When, 
according to a LEC's records, certain account or line information 
changes occur on a presubscribed customer's account, the LEC must 
communicate this information to the customer's PIC. For purposes of this 
paragraph, the LEC must provide to the appropriate IXC account change 
information that is necessary for the IXC to issue timely and accurate 
bills to its customers including but not limited to:
    (1) The customer's billing telephone number, working telephone 
number, and billing name and address;
    (2) The customer code assigned to that customer by the LEC;
    (3) The type of customer account (i.e., business or residential);
    (4) The status of the customer's telephone service listing, to the 
extent appropriate, as not printed in a directory and not available from 
directory assistance, or not printed in a directory but available from 
directory assistance; and
    (5) The jurisdictional scope of the PIC installation (i.e., 
intraLATA and/or interLATA and/or international);
    (6) The effective date of any change to a customer's local service 
account; and
    (7) The carrier identification code of the IXC. If there are changes 
to the customer's billing or working telephone number, customer code, or 
customer type, the LEC must supply both the old and new information for 
each of these categories.

[[Page 577]]

    (f) Local service disconnection. Upon receipt of an end user 
customer's request to terminate his entire local service account or 
disconnect one or more lines (but not all lines) of a multi-line 
account, the LEC must notify the PIC(s) for the billing telephone number 
or working telephone number on the account of the account termination or 
lines disconnected. In conjunction with this notification requirement, 
the LEC must provide to a customer's PIC(s) all account termination or 
single/multi-line disconnection change information necessary for the 
PIC(s) to maintain accurate billing and PIC records, including but not 
limited to:
    (1) The effective date of the termination/disconnection; and
    (2) The customer's working and billing telephone numbers and billing 
name and address;
    (3) The type of customer account (i.e., business or residential);
    (4) The jurisdictional scope of the PIC installation (i.e., 
intraLATA and/or interLATA and/or international); and
    (5) The carrier identification code of the IXC.
    (g) Change of local service provider. When a customer changes LECs, 
the customer's former LEC must notify the customer's PIC(s) of the 
customer's change in LEC and, if known, the identity of the customer's 
new LEC. If the customer also makes a PIC change, the customer's former 
LEC must also notify the customer's former PIC(s) of the change. When a 
customer only changes LECs, the new LEC must notify the customer's 
current PIC(s) that the customer's PIC selection has not changed. If the 
customer also makes a PIC change, the new LEC must notify the customer's 
new PIC of the customer's PIC selection. If the customer's former LEC is 
unable to identify the customer's new LEC, the former LEC must notify 
the customer's PIC(s) of a local service disconnection as described in 
paragraph (f).
    (1) The required notifications also must contain information, if 
relevant and to the extent that it is available, reflecting the fact 
that an account change was the result of:
    (i) The customer porting his number to a new LEC;
    (ii) A local resale arrangement (customer has transferred to local 
reseller); or
    (iii) The discontinuation of a local resale arrangement;
    (2) The notification provided by the LEC to the IXC must include:
    (i) The customer's billing telephone number, working telephone 
number, and, billing name and address;
    (ii) The effective date of the change of local service providers or 
PIC change;
    (iii) A description of the customer type (i.e., business or 
residential);
    (iv) The jurisdictional scope of the lines or terminals affected 
(i.e., intraLATA and/or interLATA and/or international); and
    (v) The carrier identification code of the IXC.
    (h) IXC requests for customer BNA information. Upon the request of 
an IXC, a LEC must provide the billing name and address information 
necessary to facilitate a customer's receipt of a timely, accurate bill 
for services rendered and/or to prevent fraud, regardless of the type of 
service the end user receives/has received from the requesting carrier 
(i.e., presubscribed, dial-around, casual). In response to an IXC's BNA 
request for ANI, a LEC must provide the BNA for the submitted ANI along 
with:
    (1) The working telephone number for the ANI;
    (2) The date of the BNA response;
    (3) The carrier identification code of the submitting IXC; and
    (4) A statement indicating, to the extent appropriate, if the 
customer's telephone service listing is not printed in a directory and 
is not available from directory assistance, or is not printed in a 
directory but is available from directory assistance. A LEC that is 
unable to provide the BNA requested must provide the submitting carrier 
with the identical information contained in the original BNA request 
(i.e., the mirror image of the original request), along with the 
specific reason(s) why the requested information could not be provided. 
If the BNA is not available because the customer has changed local 
service providers or

[[Page 578]]

ported his telephone number, the LEC must include the identity of the 
new provider when this information is available.

[71 FR 74821, Dec. 13, 2006]



Sec.  64.4003  Notification obligations of IXCs.

    To the extent that the information is reasonably available to an 
IXC, the IXC shall provide to a LEC the customer account information 
described in this section consistent with Sec.  64.4004. Nothing in this 
section shall prevent an IXC from providing additional customer account 
information to a LEC to the extent that such additional information is 
necessary for billing purposes or to properly execute a customer's PIC 
Order.
    (a) IXC-submitted PIC Order. When a customer contacts an IXC to 
establish interexchange service on a presubscribed basis, the IXC 
selected must submit the customer's properly verified PIC Order (see 47 
CFR 64.1120(a)) to the customer's LEC, instructing the LEC to install or 
change the PIC for the customer's line(s) to that IXC. The notification 
provided by the IXC to the LEC must contain all of the information 
necessary to properly execute the Order including but not limited to:
    (1) The customer's billing telephone number or working telephone 
number associated with the lines or terminals that are to be 
presubscribed to the IXC;
    (2) The date of the IXC-submitted PIC Order;
    (3) The jurisdictional scope of the PIC Order (i.e, intraLATA and/or 
interLATA and/or international); and
    (4) The carrier identification code of the submitting IXC.
    (b) Customer contacts IXC to cancel PIC and to select no-PIC status. 
When an end user customer contacts an IXC to discontinue interexchange 
service on a presubscribed basis, the IXC must confirm that it is the 
customer's desire to have no PIC and, if that is the case, the IXC must 
notify the customer's LEC. The IXC also is encouraged to instruct the 
customer to notify his LEC. An IXC may satisfy this requirement by 
establishing a three-way call with the customer and the customer's LEC 
to confirm that it is the customer's desire to have no PIC and, where 
appropriate, to provide the customer the opportunity to withdraw any PIC 
freeze that may be in place. The notification provided by the IXC to the 
LEC must contain the customer account information necessary to properly 
execute the cancellation Order including but not limited to:
    (1) The customer's billing telephone number or working telephone 
number associated with the lines or terminals that are affected;
    (2) The date of the IXC-submitted PIC removal Order;
    (3) The jurisdictional scope of the PIC removal Order (i.e., 
intraLATA and/or interLATA and/or international); and
    (4) The carrier identification code of the submitting IXC.

[70 FR 32263, June 2, 2005; 70 FR 54301, Sept. 14, 2005]



Sec.  64.4004  Timeliness of required notifications.

    Carriers subject to the requirements of this section shall provide 
the required notifications promptly and without unreasonable delay.



Sec.  64.4005  Unreasonable terms or conditions on the provision 
of customer account information.

    To the extent that a carrier incurs costs associated with providing 
the notifications required by this section, the carrier may recover such 
costs, consistent with federal and state laws, through the filing of 
tariffs, via negotiated agreements, or by other appropriate mechanisms. 
Any cost recovery method must be reasonable and must recover only costs 
that are associated with providing the particular information. The 
imposition of unreasonable terms or conditions on the provision of 
information required by this section may be considered an unreasonable 
carrier practice under section 201(b) of the Communications Act of 1934, 
as amended, and may subject the carrier to appropriate enforcement 
action.



Sec.  64.4006  Limitations on use of customer account information.

    A carrier that receives customer account information under this 
section shall use such information to ensure

[[Page 579]]

timely and accurate billing of a customer's account and to ensure timely 
and accurate execution of a customer's preferred interexchange carrier 
instructions. Such information shall not be used for marketing purposes 
without the express consent of the customer.



                Subpart DD_Prepaid Calling Card Providers

    Source: 71 FR 43673, Aug. 2, 2006, unless otherwise noted.



Sec.  64.5000  Definitions.

    (a) Prepaid calling card. The term ``prepaid calling card'' means a 
card or similar device that allows users to pay in advance for a 
specified amount of calling, without regard to additional features, 
functions, or capabilities available in conjunction with the calling 
service.
    (b) Prepaid calling card provider. The term ``prepaid calling card 
provider'' means any entity that provides telecommunications service to 
consumers through the use of a prepaid calling card.



Sec.  64.5001  Reporting and certification requirements.

    On a quarterly basis, every prepaid calling card provider must 
submit to the Commission a certification with respect to the prior 
quarter, signed by an officer of the company under penalty of perjury, 
stating that it is making the required Universal Service Fund 
contribution. This provision shall not apply to any prepaid calling card 
provider that has timely filed required annual and quarterly 
Telecommunications Reporting Worksheets, FCC Forms 499-A and 499-Q, 
during the preceding two-year period.

[82 FR 48778, Oct. 20, 2017]



        Subpart EE_TRS Customer Proprietary Network Information.

    Source: 78 FR 40613, July 5, 2013, unless otherwise noted.



Sec.  64.5101  Basis and purpose.

    (a) Basis. The rules in this subpart are issued pursuant to the 
Communications Act of 1934, as amended.
    (b) Purpose. The purpose of the rules in this subpart is to 
implement customer proprietary network information protections for users 
of telecommunications relay services and point-to-point video service 
pursuant to sections 4, 222, and 225 of the Communications Act of 1934, 
as amended, 47 U.S.C. 154, 222, 225.

[78 FR 40613, July 5, 2013, as amended at 82 FR 17764, Apr. 13, 2017]



Sec.  64.5103  Definitions.

    (a) Address of record. An ``address of record,'' whether postal or 
electronic, is an address that the TRS provider has associated with the 
customer for at least 30 days.
    (b) Affiliate. The term ``affiliate'' shall have the same meaning 
given such term in section 3 of the Communications Act of 1934, as 
amended, 47 U.S.C. 153.
    (c) Call data information. The term ``call data information'' means 
any information that pertains to the handling of specific TRS calls, 
including the call record identification sequence, the communications 
assistant identification number, the session start and end times, the 
conversation start and end times, incoming and outbound telephone 
numbers, incoming and outbound internet protocol (IP) addresses, total 
conversation minutes, total session minutes, and the electronic serial 
number of the consumer device.
    (d) Communications assistant (CA). The term ``communications 
assistant'' or ``CA'' shall have the same meaning given to the term in 
Sec.  64.601(a) of this part.
    (e) Customer. The term ``customer'' means a person:
    (1) To whom the TRS provider provides TRS or point-to-point service, 
or
    (2) Who is registered with the TRS provider as a default provider.
    (f) Customer proprietary network information (CPNI). The term 
``customer proprietary network information'' or ``CPNI'' means 
information that relates to the quantity, technical configuration, type, 
destination, location,

[[Page 580]]

and amount of use of a telecommunications service used by any customer 
of a TRS provider; and information regarding a customer's use of TRS 
contained in the documentation submitted by a TRS provider to the TRS 
Fund administrator in connection with a request for compensation for the 
provision of TRS.
    (g) Customer premises equipment (CPE). The term ``customer premises 
equipment'' or ``CPE'' shall have the same meaning given to such term in 
section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153.
    (h) Default provider. The term ``default provider'' shall have the 
same meaning given such term in Sec.  64.601(a) of this part.
    (i) Internet-based TRS (iTRS). The term ``Internet-based TRS'' or 
``iTRS shall have the same meaning given to the term in Sec.  64.601(a) 
of this part.
    (j) iTRS access technology. The term ``iTRS access technology'' 
shall have the same meaning given to the term in Sec.  64.601(a) of this 
part.
    (k) Opt-in approval. The term ``opt-in approval'' shall have the 
same meaning given such term in Sec.  64.5107(b)(1) of this subpart.
    (l) Opt-out approval. The term ``opt-out approval'' shall have the 
same meaning given such term in Sec.  64.5107(b)(2) of this subpart.
    (m) Point-to-point service. The term ``point-to-point service'' 
means a service that enables a VRS or hearing customer to place and 
receive non-relay calls without the assistance of a communications 
assistant over the facilities of a VRS provider using VRS access 
technology. Such calls are made by means of ten-digit NANP numbers 
registered in the TRS Numbering Directory and assigned to VRS customers 
and hearing point-to-point customers by VRS providers. The term ``point-
to-point call'' shall refer to a call placed via a point-to-point 
service.
    (n) Readily available biographical information. The term ``readily 
available biographical information'' means information drawn from the 
customer's life history and includes such things as the customer's 
social security number, or the last four digits of that number; mother's 
maiden name; home address; or date of birth.
    (o) Sign language. The term ``sign language'' shall have the same 
meaning given to the term in Sec.  64.601(a) of this part.
    (p) Telecommunications relay services (TRS). The term 
``telecommunications relay services'' or ``TRS'' shall have the same 
meaning given to such term in Sec.  64.601(a) of this part.
    (q) Telephone number of record. The term ``telephone number of 
record'' means the telephone number associated with the provision of 
TRS, which may or may not be the telephone number supplied as part of a 
customer's ``contact information.''
    (r) TRS Fund. The term ``TRS Fund'' shall have the same meaning 
given to the term in Sec.  64.604(c)(5)(iii) of this part.
    (s) TRS provider. The term ``TRS provider'' means an entity that 
provides TRS and shall include an entity that provides point-to-point 
service.
    (t) TRS-related services. The term ``TRS-related services'' means, 
in the case of traditional TRS, services related to the provision or 
maintenance of customer premises equipment, and in the case of iTRS, 
services related to the provision or maintenance of iTRS access 
technology, including features and functions typically provided by TRS 
providers in association with iTRS access technology.
    (u) Valid photo ID. The term ``valid photo ID'' means a government-
issued means of personal identification with a photograph such as a 
driver's license, passport, or comparable ID that has not expired.
    (v) Video relay service. The term ``video relay service'' or VRS 
shall have the same meaning given to the term in Sec.  64.601(a) of this 
part.
    (w) VRS access technology. The term ``VRS access technology'' shall 
have the same meaning given to the term in Sec.  64.601(a) of this part.

[78 FR 40613, July 5, 2013, as amended at 82 FR 17765, Apr. 13, 2017]

[[Page 581]]



Sec.  64.5105  Use of customer proprietary network information 
without customer approval.

    (a) A TRS provider may use, disclose, or permit access to CPNI for 
the purpose of providing or lawfully marketing service offerings among 
the categories of service (i.e., type of TRS) for which the TRS provider 
is currently the default provider for that customer, without customer 
approval.
    (1) If a TRS provider provides different categories of TRS, and the 
TRS provider is currently the default provider for that customer for 
more than one category of TRS offered by the TRS provider, the TRS 
provider may share CPNI among the TRS provider's affiliated entities 
that provide a TRS offering to the customer.
    (2) If a TRS provider provides different categories of TRS, but the 
TRS provider is currently not the default provider for that customer for 
more than one offering by the TRS provider, the TRS provider shall not 
share CPNI with its affiliates, except as provided in Sec.  64.5107(b) 
of this subpart.
    (b) A TRS provider shall not use, disclose, or permit access to CPNI 
as described in this paragraph (b).
    (1) A TRS provider shall not use, disclose, or permit access to CPNI 
to market to a customer TRS offerings that are within a category of TRS 
for which the TRS provider is not currently the default provider for 
that customer, unless that TRS provider has customer approval to do so.
    (2) A TRS provider shall not identify or track CPNI of customers 
that call competing TRS providers and, notwithstanding any other 
provision of this subpart, a TRS provider shall not use, disclose or 
permit access to CPNI related to a customer call to a competing TRS 
provider.
    (c) A TRS provider may use, disclose, or permit access to CPNI, 
without customer approval, as described in this paragraph (c).
    (1) A TRS provider may use, disclose or permit access to CPNI 
derived from its provision of TRS without customer approval, for the 
provision of CPE or iTRS access technology, and call answering, voice or 
video mail or messaging, voice or video storage and retrieval services.
    (2) A TRS provider may use, disclose, or permit access to CPNI, 
without customer approval, in its provision of inside wiring 
installation, maintenance, and repair services.
    (3) A TRS provider may use CPNI, without customer approval, to 
market services formerly known as adjunct-to-basic services, such as, 
but not limited to, speed dialing, call waiting, caller I.D., and call 
forwarding, only to those customers that are currently registered with 
that TRS provider as their default provider.
    (4) A TRS provider shall use, disclose, or permit access to CPNI to 
the extent necessary to:
    (i) Accept and handle 911/E911 calls;
    (ii) Access, either directly or via a third party, a commercially 
available database that will allow the TRS provider to determine an 
appropriate Public Safety Answering Point, designated statewide default 
answering point, or appropriate local emergency authority that 
corresponds to the caller's location;
    (iii) Relay the 911/E911 call to that entity; and
    (iv) Facilitate the dispatch and response of emergency service or 
law enforcement personnel to the caller's location, in the event that 
the 911/E911 call is disconnected or the caller becomes incapacitated.
    (5) A TRS provider shall use, disclose, or permit access to CPNI 
upon request by the administrator of the TRS Fund, as that term is 
defined in Sec.  64.604(c)(5)(iii) of this part, or by the Commission 
for the purpose of administration and oversight of the TRS Fund, 
including the investigation and prevention of fraud, abuse, and misuse 
of TRS and seeking repayment to the TRS Fund for non-compensable 
minutes.
    (6) A TRS provider may use, disclose, or permit access to CPNI to 
protect the rights or property of the TRS provider, or to protect users 
of those services, other TRS providers, and the TRS Fund from 
fraudulent, abusive, or unlawful use of such services.

[79 FR 40613, July 5, 2013]

[[Page 582]]



Sec.  64.5107  Approval required for use of customer proprietary network information.

    (a) A TRS provider may obtain approval through written, oral, 
electronic, or sign language methods.
    (1) A TRS provider relying on oral or sign language approval shall 
bear the burden of demonstrating that such approval has been given in 
compliance with the Commission's rules in this part.
    (2) Approval or disapproval to use, disclose, or permit access to a 
customer's CPNI obtained by a TRS provider must remain in effect until 
the customer revokes or limits such approval or disapproval. A TRS 
provider shall accept any such customer revocation, whether in written, 
oral, electronic, or sign language methods.
    (3) A TRS provider must maintain records of approval, whether oral, 
written, electronic, or sign language, during the time period that the 
approval or disapproval is in effect and for at least one year 
thereafter.
    (b) Use of opt-in and opt-out approval processes. (1) Opt-in 
approval requires that the TRS provider obtain from the customer 
affirmative, express consent allowing the requested CPNI usage, 
disclosure, or access after the customer is provided appropriate 
notification of the TRS provider's request consistent with the 
requirements set forth in this subpart.
    (2) With opt-out approval, a customer is deemed to have consented to 
the use, disclosure, or access to the customer's CPNI if the customer 
has failed to object thereto within the waiting period described in 
Sec.  64.5108(d)(1) of this subpart after the TRS provider has provided 
to the customer appropriate notification of the TRS provider's request 
for consent consistent with the rules in this subpart.
    (3) A TRS provider may only use, disclose, or permit access to the 
customer's individually identifiable CPNI with the customer's opt-in 
approval, except as follows:
    (i) Where a TRS provider is permitted to use, disclose, or permit 
access to CPNI without customer approval under Sec.  64.5105 of this 
subpart.
    (ii) Where a TRS provider is permitted to use, disclose, or permit 
access to CPNI by making use of customer opt-in or opt-out approval 
under paragraph (?)(4) of this section.
    (4) A TRS provider may make use of customer opt-in or opt-out 
approval to take the following actions with respect to CPNI:
    (i) Use its customer's individually identifiable CPNI for the 
purpose of lawfully marketing TRS-related services to that customer.
    (ii) Disclose its customer's individually identifiable CPNI to its 
agents and its affiliates that provide TRS-related services for the 
purpose of lawfully marketing TRS-related services to that customer. A 
TRS provider may also permit such persons or entities to obtain access 
to such CPNI for such purposes.

[79 FR 40613, July 5, 2013]



Sec.  64.5108  Notice required for use of customer proprietary 
network information.

    (a) Notification, generally. (1) Prior to any solicitation for 
customer approval to use, disclose, or permit access to CPNI, a TRS 
provider shall provide notification to the customer of the customer's 
right to deny or restrict use of, disclosure of, and access to that 
customer's CPNI.
    (2) A TRS provider shall maintain records of notification, whether 
oral, written, electronic, or sign language, during the time period that 
the approval is in effect and for at least one year thereafter.
    (b) Individual notice. A TRS provider shall provide individual 
notice to customers when soliciting approval to use, disclose, or permit 
access to customers' CPNI.
    (c) Content of notice. Customer notification shall provide 
sufficient information in clear and unambiguous language to enable the 
customer to make an informed decision as to whether to permit a TRS 
provider to use, disclose, or permit access to, the customer's CPNI.
    (1) The notification shall state that the customer has a right to 
deny any TRS provider the right to use, disclose or permit access to the 
customer's CPNI, and the TRS provider has a duty,

[[Page 583]]

under federal law, to honor the customer's right and to protect the 
confidentiality of CPNI.
    (2) The notification shall specify the types of information that 
constitute CPNI and the specific entities that will use, receive or have 
access to the CPNI, describe the purposes for which CPNI will be used, 
and inform the customer of his or her right to disapprove those uses, 
and deny or withdraw the customer's consent to use, disclose, or permit 
access to access to CPNI at any time.
    (3) The notification shall advise the customer of the precise steps 
the customer must take in order to grant or deny use, disclosure, or 
access to CPNI, and must clearly state that customer denial of approval 
will not affect the TRS provider's provision of any services to the 
customer. However, TRS providers may provide a brief statement, in clear 
and neutral language, describing consequences directly resulting from 
the lack of access to CPNI.
    (4) TRS providers shall provide the notification in a manner that is 
accessible to the customer, comprehensible, and not misleading.
    (5) If the TRS provider provides written notification to the 
customer, the notice shall be clearly legible, use sufficiently large 
type, and be placed in an area so as to be readily apparent to a 
customer.
    (6) If any portion of a notification is translated into another 
language, then all portions of the notification must be translated into 
that language.
    (7) A TRS provider may state in the notification that the customer's 
approval to use CPNI may enhance the TRS provider's ability to offer 
products and services tailored to the customer's needs. A TRS provider 
also may state in the notification that it may be compelled to disclose 
CPNI to any person upon affirmative written request by the customer.
    (8) The notification shall state that any approval or denial of 
approval for the use of CPNI outside of the service for which the TRS 
provider is the default provider for the customer is valid until the 
customer affirmatively revokes or limits such approval or denial.
    (9) A TRS provider's solicitation for approval to use, disclose, or 
have access to the customer's CPNI must be proximate to the notification 
of a customer's CPNI rights to non-disclosure.
    (d) Notice requirements specific to opt-out. A TRS provider shall 
provide notification to obtain opt-out approval through electronic or 
written methods, but not by oral or sign language communication (except 
as provided in paragraph (f) of this section). The contents of any such 
notification shall comply with the requirements of paragraph (c) of this 
section.
    (1) TRS providers shall wait a 30-day minimum period of time after 
giving customers notice and an opportunity to opt-out before assuming 
customer approval to use, disclose, or permit access to CPNI. A TRS 
provider may, in its discretion, provide for a longer period. TRS 
providers shall notify customers as to the applicable waiting period for 
a response before approval is assumed.
    (i) In the case of an electronic form of notification, the waiting 
period shall begin to run from the date on which the notification was 
sent; and
    (ii) In the case of notification by mail, the waiting period shall 
begin to run on the third day following the date that the notification 
was mailed.
    (2) TRS providers using the opt-out mechanism shall provide notices 
to their customers every two years.
    (3) TRS providers that use email to provide opt-out notices shall 
comply with the following requirements in addition to the requirements 
generally applicable to notification:
    (i) TRS providers shall obtain express, verifiable, prior approval 
from consumers to send notices via email regarding their service in 
general, or CPNI in particular;
    (ii) TRS providers shall either:
    (A) Allow customers to reply directly to the email containing the 
CPNI notice in order to opt-out; or
    (B) Include within the email containing the CPNI notice a 
conspicuous link to a Web page that provides to the customer a readily 
usable opt-out mechanism;

[[Page 584]]

    (iii) Opt-out email notices that are returned to the TRS provider as 
undeliverable shall be sent to the customer in another form before the 
TRS provider may consider the customer to have received notice;
    (iv) TRS providers that use email to send CPNI notices shall ensure 
that the subject line of the message clearly and accurately identifies 
the subject matter of the email; and
    (v) TRS providers shall make available to every customer a method to 
opt-out that is of no additional cost to the customer and that is 
available 24 hours a day, seven days a week. TRS providers may satisfy 
this requirement through a combination of methods, so long as all 
customers have the ability to opt-out at no cost and are able to 
effectuate that choice whenever they choose.
    (e) Notice requirements specific to opt-in. A TRS provider may 
provide notification to obtain opt-in approval through oral, sign 
language, written, or electronic methods. The contents of any such 
notification shall comply with the requirements of paragraph (c) of this 
section.
    (f) Notice requirements specific to one-time use of CPNI. (1) TRS 
providers may use oral, text, or sign language notice to obtain limited, 
one-time use of CPNI for inbound and outbound customer telephone, TRS, 
or point-to-point contacts for the duration of the call, regardless of 
whether TRS providers use opt-out or opt-in approval based on the nature 
of the contact.
    (2) The contents of any such notification shall comply with the 
requirements of paragraph (c) of this section, except that TRS providers 
may omit any of the following notice provisions if not relevant to the 
limited use for which the TRS provider seeks CPNI:
    (i) TRS providers need not advise customers that if they have opted-
out previously, no action is needed to maintain the opt-out election;
    (ii) TRS providers need not advise customers that the TRS provider 
may share CPNI with the TRS provider's affiliates or third parties and 
need not name those entities, if the limited CPNI usage will not result 
in use by, or disclosure to, an affiliate or third party;
    (iii) TRS providers need not disclose the means by which a customer 
can deny or withdraw future access to CPNI, so long as the TRS provider 
explains to customers that the scope of the approval the TRS provider 
seeks is limited to one-time use; and
    (iv) TRS providers may omit disclosure of the precise steps a 
customer must take in order to grant or deny access to CPNI, as long as 
the TRS provider clearly communicates that the customer can deny access 
to his or her CPNI for the call.

[79 FR 40613, July 5, 2013]



Sec.  64.5109  Safeguards required for use of customer proprietary
network information.

    (a) TRS providers shall implement a system by which the status of a 
customer's CPNI approval can be clearly established prior to the use of 
CPNI. Except as provided for in Sec. Sec.  64.5105 and 64.5108(f) of 
this subpart, TRS providers shall provide access to and shall require 
all personnel, including any agents, contractors, and subcontractors, 
who have contact with customers to verify the status of a customer's 
CPNI approval before using, disclosing, or permitting access to the 
customer's CPNI.
    (b) TRS providers shall train their personnel, including any agents, 
contractors, and subcontractors, as to when they are and are not 
authorized to use CPNI, including procedures for verification of the 
status of a customer's CPNI approval. TRS providers shall have an 
express disciplinary process in place, including in the case of agents, 
contractors, and subcontractors, a right to cancel the applicable 
contract(s) or otherwise take disciplinary action.
    (c) TRS providers shall maintain a record, electronically or in some 
other manner, of their own and their affiliates' sales and marketing 
campaigns that use their customers' CPNI. All TRS providers shall 
maintain a record of all instances where CPNI was disclosed or provided 
to third parties, or where third parties were allowed access to CPNI. 
The record shall include a description of each campaign, the specific 
CPNI that was used in the campaign, including the customer's name, and

[[Page 585]]

what products and services were offered as a part of the campaign. TRS 
providers shall retain the record for a minimum of three years.
    (d) TRS providers shall establish a supervisory review process 
regarding TRS provider compliance with the rules in this subpart for 
outbound marketing situations and maintain records of TRS provider 
compliance for a minimum period of three years. Sales personnel must 
obtain supervisory approval of any proposed outbound marketing request 
for customer approval.
    (e) A TRS provider shall have an officer, as an agent of the TRS 
provider, sign and file with the Commission a compliance certification 
on an annual basis. The officer shall state in the certification that he 
or she has personal knowledge that the company has established operating 
procedures that are adequate to ensure compliance with the rules in this 
subpart. The TRS provider must provide a statement accompanying the 
certification explaining how its operating procedures ensure that it is 
or is not in compliance with the rules in this subpart. In addition, the 
TRS provider must include an explanation of any actions taken against 
data brokers, a summary of all customer complaints received in the past 
year concerning the unauthorized release of CPNI, and a report detailing 
all instances where the TRS provider, or its agents, contractors, or 
subcontractors, used, disclosed, or permitted access to CPNI without 
complying with the procedures specified in this subpart. In the case of 
iTRS providers, this filing shall be included in the annual report filed 
with the Commission pursuant to Sec.  64.606(g) of this part for data 
pertaining to the previous year. In the case of all other TRS providers, 
this filing shall be made annually with the Disability Rights Office of 
the Consumer and Governmental Affairs Bureau on or before March 1 in CG 
Docket No. 03-123 for data pertaining to the previous calendar year.
    (f) TRS providers shall provide written notice within five business 
days to the Disability Rights Office of the Consumer and Governmental 
Affairs Bureau of the Commission of any instance where the opt-out 
mechanisms do not work properly, to such a degree that consumers' 
inability to opt-out is more than an anomaly.
    (1) The notice shall be in the form of a letter, and shall include 
the TRS provider's name, a description of the opt-out mechanism(s) used, 
the problem(s) experienced, the remedy proposed and when it will be/was 
implemented, whether the relevant state commission(s) has been notified, 
if applicable, and whether the state commission(s) has taken any action, 
a copy of the notice provided to customers, and contact information.
    (2) Such notice shall be submitted even if the TRS provider offers 
other methods by which consumers may opt-out.

[79 FR 40613, July 5, 2013]



Sec.  64.5110  Safeguards on the disclosure of customer proprietary
network information.

    (a) Safeguarding CPNI. TRS providers shall take all reasonable 
measures to discover and protect against attempts to gain unauthorized 
access to CPNI. TRS providers shall authenticate a customer prior to 
disclosing CPNI based on a customer-initiated telephone contact, TRS 
call, point-to-point call, online account access, or an in-store visit.
    (b) Telephone, TRS, and point-to-point access to CPNI. A TRS 
provider shall authenticate a customer without the use of readily 
available biographical information, or account information, prior to 
allowing the customer telephonic, TRS, or point-to-point access to CPNI 
related to his or her TRS account. Alternatively, the customer may 
obtain telephonic, TRS, or point-to-point access to CPNI related to his 
or her TRS account through a password, as described in paragraph (e) of 
this section.
    (c) Online access to CPNI. A TRS provider shall authenticate a 
customer without the use of readily available biographical information, 
or account information, prior to allowing the customer online access to 
CPNI related to his or her TRS account. Once authenticated, the customer 
may only obtain online access to CPNI related to his or her TRS account 
through a password, as described in paragraph (e) of this section.

[[Page 586]]

    (d) In-store access to CPNI. A TRS provider may disclose CPNI to a 
customer who, at a TRS provider's retail location, first presents to the 
TRS provider or its agent a valid photo ID matching the customer's 
account information.
    (e) Establishment of a password and back-up authentication methods 
for lost or forgotten passwords. To establish a password, a TRS provider 
shall authenticate the customer without the use of readily available 
biographical information, or account information. TRS providers may 
create a back-up customer authentication method in the event of a lost 
or forgotten password, but such back-up customer authentication method 
may not prompt the customer for readily available biographical 
information, or account information. If a customer cannot provide the 
correct password or the correct response for the back-up customer 
authentication method, the customer shall establish a new password as 
described in this paragraph.
    (f) Notification of account changes. TRS providers shall notify 
customers immediately whenever a password, customer response to a back-
up means of authentication for lost or forgotten passwords, online 
account, or address of record is created or changed. This notification 
is not required when the customer initiates service, including the 
selection of a password at service initiation. This notification may be 
through a TRS provider-originated voicemail, text message, or video mail 
to the telephone number of record, by mail to the physical address of 
record, or by email to the email address of record, and shall not reveal 
the changed information or be sent to the new account information.

[79 FR 40613, July 5, 2013]



Sec.  64.5111  Notification of customer proprietary network information
security breaches.

    (a) A TRS provider shall notify law enforcement of a breach of its 
customers' CPNI as provided in this section. The TRS provider shall not 
notify its customers or disclose the breach publicly, whether 
voluntarily or under state or local law or these rules, until it has 
completed the process of notifying law enforcement pursuant to paragraph 
(b) of this section. The TRS provider shall file a copy of the 
notification with the Disability Rights Office of the Consumer and 
Governmental Affairs Bureau at the same time as when the TRS provider 
notifies the customers.
    (b) As soon as practicable, and in no event later than seven (7) 
business days, after reasonable determination of the breach, the TRS 
provider shall electronically notify the United States Secret Service 
(USSS) and the Federal Bureau of Investigation (FBI) through a central 
reporting facility. The Commission will maintain a link to the reporting 
facility at http://www.fcc.gov/eb/cpni.
    (1) Notwithstanding any state law to the contrary, the TRS provider 
shall not notify customers or disclose the breach to the public until 7 
full business days have passed after notification to the USSS and the 
FBI except as provided in paragraphs (b)(2) and (3) of this section.
    (2) If the TRS provider believes that there is an extraordinarily 
urgent need to notify any class of affected customers sooner than 
otherwise allowed under paragraph (b)(1) of this section, in order to 
avoid immediate and irreparable harm, it shall so indicate in its 
notification and may proceed to immediately notify its affected 
customers only after consultation with the relevant investigating 
agency. The TRS provider shall cooperate with the relevant investigating 
agency's request to minimize any adverse effects of such customer 
notification.
    (3) If the relevant investigating agency determines that public 
disclosure or notice to customers would impede or compromise an ongoing 
or potential criminal investigation or national security, such agency 
may direct the TRS provider not to so disclose or notify for an initial 
period of up to 30 days. Such period may be extended by the agency as 
reasonably necessary in the judgment of the agency. If such direction is 
given, the agency shall notify the TRS provider when it appears that 
public disclosure or notice to affected customers will no longer impede 
or compromise a criminal investigation or national security. The agency

[[Page 587]]

shall provide in writing its initial direction to the TRS provider, any 
subsequent extension, and any notification that notice will no longer 
impede or compromise a criminal investigation or national security and 
such writings shall be contemporaneously logged on the same reporting 
facility that contains records of notifications filed by TRS providers.
    (c) Customer notification. After a TRS provider has completed the 
process of notifying law enforcement pursuant to paragraph (b) of this 
section, and consistent with the waiting requirements specified in 
paragraph (b) of this section, the TRS provider shall notify its 
customers of a breach of those customers' CPNI.
    (d) Recordkeeping. All TRS providers shall maintain a record, 
electronically or in some other manner, of any breaches discovered, 
notifications made to the USSS and the FBI pursuant to paragraph (b) of 
this section, and notifications made to customers. The record must 
include, if available, dates of discovery and notification, a detailed 
description of the CPNI that was the subject of the breach, and the 
circumstances of the breach. TRS providers shall retain the record for a 
minimum of 2 years.
    (e) Definition. As used in this section, a ``breach'' has occurred 
when a person, without authorization or exceeding authorization, has 
intentionally gained access to, used, or disclosed CPNI.
    (f) This section does not supersede any statute, regulation, order, 
or interpretation in any State, except to the extent that such statute, 
regulation, order, or interpretation is inconsistent with the provisions 
of this section, and then only to the extent of the inconsistency.

[78 FR 40613, July 5, 2013]



                   Subpart FF_Inmate Calling Services

    Source: 78 FR 67975, Nov. 13, 2013, unless otherwise noted.



Sec.  64.6000  Definitions.

    As used in this subpart:
    (a) Ancillary Service Charge means any charge Consumers may be 
assessed for, or in connection with, the interstate or international use 
of Inmate Calling Services that are not included in the per-minute 
charges assessed for such individual calls. Ancillary Service Charges 
that may be assessed are limited only to those listed in paragraphs 
(a)(1) through (5) of this section. All other Ancillary Service Charges 
are prohibited. For purposes of this definition, ``interstate'' includes 
any Jurisdictionally Mixed Charge, as defined in paragraph (u) of this 
section.
    (1) Automated Payment Fees means credit card payment, debit card 
payment, and bill processing fees, including fees for payments made by 
interactive voice response (IVR), web, or kiosk;
    (2) Fees for Single-Call and Related Services means billing 
arrangements whereby an Inmate's collect calls are billed through a 
third party on a per-call basis, where the called party does not have an 
account with the Provider of Inmate Calling Services or does not want to 
establish an account;
    (3) Live Agent Fee means a fee associated with the optional use of a 
live operator to complete Inmate Calling Services transactions;
    (4) Paper Bill/Statement Fees means fees associated with providing 
customers of Inmate Calling Services an optional paper billing 
statement;
    (5) Third-Party Financial Transaction Fees means the exact fees, 
with no markup, that Providers of Inmate Calling Services are charged by 
third parties to transfer money or process financial transactions to 
facilitate a Consumer's ability to make account payments via a third 
party.
    (b) Authorized Fee means a government authorized, but discretionary, 
fee which a Provider must remit to a federal, state, or local 
government, and which a Provider is permitted, but not required, to pass 
through to Consumers for or in connection with interstate or 
international Inmate Calling Service. An Authorized Fee may not include 
a markup, unless the markup is specifically authorized by a federal, 
state, or local statute, rule, or regulation.

[[Page 588]]

    (c) Average Daily Population (ADP) means the sum of all Inmates in a 
facility for each day of the preceding calendar year, divided by the 
number of days in the year.
    (d) Collect Calling means an arrangement whereby the called party 
takes affirmative action clearly indicating that it will pay the charges 
associated with a call originating from an Inmate Telephone;
    (e) Consumer means the party paying a Provider of Inmate Calling 
Services;
    (f) Correctional Facility or Correctional Institution means a Jail 
or a Prison;
    (g) Debit Calling means a presubscription or comparable service 
which allows an Inmate, or someone acting on an Inmate's behalf, to fund 
an account set up through a Provider that can be used to pay for Inmate 
Calling Services calls originated by the Inmate;
    (h) Flat Rate Calling means a calling plan under which a Provider 
charges a single fee for an Inmate Calling Services call, regardless of 
the duration of the call;
    (i) Inmate means a person detained at a Jail or Prison, regardless 
of the duration of the detention;
    (j) Inmate Calling Service means a service that allows Inmates to 
make calls to individuals outside the Correctional Facility where the 
Inmate is being held, regardless of the technology used to deliver the 
service;
    (k) Inmate Telephone means a telephone instrument, or other device 
capable of initiating calls, set aside by authorities of a Correctional 
Facility for use by Inmates;
    (l) International Calls means calls that originate in the United 
States and terminate outside the United States;
    (m) Jail means a facility of a local, state, or federal law 
enforcement agency that is used primarily to hold individuals who are;
    (1) Awaiting adjudication of criminal charges;
    (2) Post-conviction and committed to confinement for sentences of 
one year or less; or
    (3) Post-conviction and awaiting transfer to another facility. The 
term also includes city, county, or regional facilities that have 
contracted with a private company to manage day-to-day operations; 
privately owned and operated facilities primarily engaged in housing 
city, county or regional Inmates; facilities used to detain individuals, 
operated directly by the Federal Bureau of Prisons or U.S. Immigration 
and Customs Enforcement, or pursuant to a contract with those agencies; 
juvenile detention centers; and secure mental health facilities.
    (n) Mandatory Tax or Mandatory Fee means a fee that a Provider is 
required to collect directly from consumers, and remit to federal, 
state, or local governments. A Mandatory Tax or Fee that is passed 
through to a consumer for, or in connection with, interstate or 
international Inmate Calling Services may not include a markup, unless 
the markup is specifically authorized by a federal, state, or local 
statute, rule, or regulation;
    (o) Per-Call, or Per-Connection Charge means a one-time fee charged 
to a Consumer at call initiation;
    (p) Prepaid Calling means a presubscription or comparable service in 
which a Consumer, other than an Inmate, funds an account set up through 
a Provider of Inmate Calling Services. Funds from the account can then 
be used to pay for Inmate Calling Services, including calls that 
originate with an Inmate;
    (q) Prepaid Collect Calling means a calling arrangement that allows 
an Inmate to initiate an Inmate Calling Services call without having a 
pre-established billing arrangement and also provides a means, within 
that call, for the called party to establish an arrangement to be billed 
directly by the Provider of Inmate Calling Services for future calls 
from the same Inmate;
    (r) Prison means a facility operated by a territorial, state, or 
Federal agency that is used primarily to confine individuals convicted 
of felonies and sentenced to terms in excess of one year. The term also 
includes public and private facilities that provide outsource housing to 
other agencies such as the State Departments of Correction and the 
Federal Bureau of Prisons; and facilities that would otherwise fall 
under the definition of a Jail but in which the majority of inmates are 
post-conviction and are committed to confinement for sentences of longer 
than one year.

[[Page 589]]

    (s) Provider of Inmate Calling Services, or Provider means any 
communications service provider that provides Inmate Calling Services, 
regardless of the technology used;
    (t) Site Commission means any form of monetary payment, in-kind 
payment, gift, exchange of services or goods, fee, technology allowance, 
or product that a Provider of Inmate Calling Services or affiliate of a 
Provider of Inmate Calling Services may pay, give, donate, or otherwise 
provide to an entity that operates a correctional institution, an entity 
with which the Provider of Inmate Calling Services enters into an 
agreement to provide Inmate Calling Services, a governmental agency that 
oversees a correctional facility, the city, county, or state where a 
facility is located, or an agent of any such facility.
    (u) Jurisdictionally Mixed Charge means any charge Consumers may be 
assessed for use of Inmate Calling Services that are not included in the 
per-minute charges assessed for individual calls and that are assessed 
for, or in connection with, uses of Inmate Calling Service to make such 
calls that have interstate or international components and intrastate 
components that are unable to be segregated at the time the charge is 
incurred.
    (v) Provider-Related Rate Component means the interim per-minute 
rate specified in either Sec.  64.6030(b) or (c) that Providers at Jails 
with Average Daily Populations of 1,000 or more Inmates and all Prisons 
may charge for interstate Collect Calling, Debit Calling, Prepaid 
Calling, or Prepaid Collect Calling.
    (w) Facility-Related Rate Component means either the Legally 
Mandated Facility Rate Component or the Contractually Prescribed 
Facility Rate Component identified in Sec.  64.6030(d).
    (x) International Destination means the rate zone in which an 
international call terminates. For countries that have a single rate 
zone, International Destination means the country in which an 
international call terminates.
    (y) Controlling Judicial or Administrative Mandate means:
    (1) A final court order requiring an incarcerated person to pay 
restitution;
    (2) A fine imposed as part of a criminal sentence;
    (3) A fee imposed in connection with a criminal conviction; or
    (4) A final court or administrative agency order adjudicating a 
valid contract between the provider and the account holder, entered into 
prior to September 30, 2022, that allows or requires that an Inmate 
Calling Services Provider act in a manner that would otherwise violate 
Sec.  64.6130.
    (z) Jurisdiction means:
    (1) The state, city, county, or territory where a law enforcement 
authority is operating or contracting for the operation of a 
Correctional Facility; or
    (2) The United States for a Correctional Facility operated by or 
under the contracting authority of a Federal law enforcement agency.

[80 FR 79178, Dec. 18, 2015, as amended at 81 FR 62825, Sept. 13, 2016; 
85 FR 67461, Oct. 23, 2020; 86 FR 40731, July 28, 2021; 87 FR 75514, 
Dec. 9, 2022]



Sec.  64.6010  [Reserved]



Sec.  64.6020  Ancillary Service Charges.

    (a) No Provider of interstate or international Inmate Calling 
Services shall charge an Ancillary Service Charge other than those 
permitted charges listed in Sec.  64.6000(a).
    (b) No Provider shall charge a rate for a permitted Ancillary 
Service Charge in excess of:
    (1) For Automated Payment Fees--$3.00 per use;
    (2) For Single-Call and Related Services--when the transaction is 
paid for through an automated payment system, $3.00 per transaction, 
plus the effective, per-minute rate; or when the transaction is paid via 
a live agent, $5.95 per transaction, plus the effective, per-minute 
rate;
    (3) For Live Agent Fee--$5.95 per use;
    (4) For Paper Bill/Statement Fee--$2.00 per use;
    (5) For Third-Party Financial Transaction Fees--when the transaction 
is paid through an automated payment system, $3.00 per transaction; or 
when the transaction is paid via a live agent, $5.95 per transaction.

[80 FR 79179, Dec. 18, 2015, as amended at 85 FR 67462, Oct. 23, 2020; 
86 FR 40731, July 28, 2021; 87 FR 75515, Dec. 9, 2022]

[[Page 590]]



Sec.  64.6030  Inmate Calling Services interim rate caps.

    (a) For all Jails with Average Daily Populations of less than 1,000 
Inmates, no Provider shall charge a rate for interstate Collect Calling, 
Debit Calling, Prepaid Calling, or Prepaid Collect Calling in excess of 
$0.21 per minute.
    (b) For all Jails with Average Daily Populations of Inmates of 1,000 
or greater, no Provider shall charge a Provider-Related Rate Component 
for interstate Collect Calling, Debit Calling, Prepaid Calling, or 
Prepaid Collect Calling in excess of $0.14 per minute.
    (c) For all Prisons, no Provider shall charge a Provider-Related 
Rate Component for interstate Collect Calling, Debit Calling, Prepaid 
Calling, or Prepaid Collect Calling in excess of $0.12 per minute.
    (d) For all Jails with Average Daily Populations of Inmates of 1,000 
or greater, and for all Prisons, Providers may recover the applicable 
Facility-Related Rate Component as follows:
    (1) Providers subject to an obligation to pay Site Commissions by 
state statutes or laws and regulations that are adopted pursuant to 
state administrative procedure statutes where there is notice and an 
opportunity for public comment such as by a state public utility 
commission or similar regulatory body with jurisdiction to establish 
inmate calling services rates, terms, and conditions and that operate 
independently of the contracting process between Correctional 
Institutions and Providers, may recover the full amount of such payments 
through the Legally Mandated Facility Rate Component subject to the 
limitation that the total rate (Provider-Related Rate Component plus 
Facility-Related Rate Component) does not exceed $0.21 per minute.
    (2) Providers that pay Site Commissions pursuant to a contract with 
the Jail or Prison may recover up to $0.02 per minute through the 
Contractually Prescribed Facility Rate Component except where the 
Provider's total Contractually Prescribed Facility Rate Component 
results in a lower per-minute rate than $0.02 per minute of use. In that 
case, the Provider's Contractually Prescribed Facility Rate Component is 
limited to the actual amount of its per-minute Site Commission payment 
up to a maximum of $0.02 per minute. Providers shall calculate their 
Contractually Prescribed Facility Rate Component to three decimal 
places.
    (e) No Provider shall charge, in any Prison or Jail it serves, a 
per-minute rate for an International Call in excess of the applicable 
interstate rate cap set forth in paragraphs (a), (b), (c), and (d) of 
this section plus the average amount that the provider paid its 
underlying international service providers for calls to the 
International Destination of that call, on a per-minute basis. A 
Provider shall determine the average amount paid for calls to each 
International Destination for each calendar quarter and shall adjust its 
maximum rates based on such determination within one month of the end of 
each calendar quarter.

[86 FR 40731, July 28, 2021]



Sec.  64.6040  Communications access for incarcerated people with communication disabilities.

    (a) A Provider shall provide incarcerated people access to TRS and 
related communication services as described in this section, except 
where the correctional authority overseeing a facility prohibits such 
access.
    (b)(1) A Provider shall provide access for incarcerated people with 
communication disabilities to Traditional (TTY-Based) TRS and STS.
    (2) Beginning January 1, 2024, a Provider serving a correctional 
facility in any jurisdiction with an Average Daily Population of 50 or 
more incarcerated persons shall:
    (i) Where broadband internet access service is available, provide 
access to any form of TRS (in addition to Traditional TRS and STS) that 
is eligible for TRS Fund support (except that a Provider need not 
provide access to non-internet Protocol Captioned Telephone Service in 
any facility where it provides access to IP CTS); and
    (ii) Where broadband internet access service is available, provide 
access to a point-to-point video service, as defined in Sec.  
64.601(a)(33), that allows communication in American Sign Language (ASL) 
with other ASL users; and

[[Page 591]]

    (iii) Where broadband internet access service is not available, 
provide access to non-internet Protocol Captioned Telephone Service, in 
addition to Traditional TRS and STS.
    (c) [Reserved]
    (d)(1) Except as provided in this paragraph (d), no Provider shall 
levy or collect any charge or fee on or from any party to a TRS call to 
or from an incarcerated person, or any charge for the use of a device or 
transmission service when used to access TRS from a Correctional 
Facility.
    (2) When providing access to IP CTS or CTS, a Provider may assess a 
charge for such IP CTS or CTS call that does not exceed the charge 
levied or collected by the Provider for a voice telephone call of the 
same duration, distance, Jurisdiction, and time-of-day placed to or from 
an individual incarcerated at the same Correctional Facility.
    (3) When providing access to a point-to-point video service, as 
defined in Sec.  64.601(a)(33), for incarcerated individuals with 
communication disabilities who can use ASL, the total charges or fees 
that a Provider levies on or collects from any party to such point-to-
point video call, including any charge for the use of a device or 
transmission service, shall not exceed the charge levied or collected by 
the Provider for a voice telephone call of the same duration, distance, 
Jurisdiction, and time-of-day placed to or from an individual 
incarcerated at the same Correctional Facility.
    (4) No Provider shall levy or collect any charge in excess of 25 
percent of the applicable per-minute rate for TTY-to-TTY calls when such 
calls are associated with Inmate Calling Services.

[87 FR 75515, Dec. 9, 2022]

    Effective Date Note: At 87 FR 75515, Dec. 9, 2022, Sec.  64.6040 was 
amended by adding paragraph (c), which has been delayed indefinitely. 
For the convenience of the user, the added text is set forth as follows:



Sec.  64.6040  Communications access for incarcerated people with 
          communication disabilities.

                                * * * * *

    (c) As part of its obligation to provide access to TRS, a Provider 
shall:
    (1) Make all necessary contractual and technical arrangements to 
ensure that, consistent with the security needs of a Correctional 
Facility, incarcerated individuals eligible to use TRS can access at 
least one certified Provider of each form of TRS required by this 
section;
    (2) Work with correctional authorities, equipment vendors, and TRS 
providers to ensure that screen-equipped communications devices such as 
tablets, smartphones, or videophones are available to incarcerated 
people who need to use TRS for effective communication, and all 
necessary TRS provider software applications are included, with any 
adjustments needed to meet the security needs of the institution, 
provide compatibility with institutional communication systems, and 
allow operability over the Inmate Calling Services Provider's network;
    (3) Provide any assistance needed by TRS providers in collecting the 
registration information and documentation required by Sec.  64.611 from 
incarcerated users and correctional authorities; and
    (4) When an incarcerated person who has individually registered to 
use VRS, IP Relay, or IP CTS is released from incarceration or 
transferred to another correctional authority, notify the TRS 
provider(s) with which the incarcerated person has registered.



Sec.  64.6050  Billing-related call blocking.

    No Provider shall prohibit or prevent completion of an interstate or 
international Collect Calling call or decline to establish or otherwise 
degrade interstate or international Collect Calling solely for the 
reason that it lacks a billing relationship with the called party's 
communications service provider, unless the Provider offers Debit 
Calling, Prepaid Calling, or Prepaid Collect Calling for interstate and 
international calls.

[85 FR 67462, Oct. 23, 2020]



Sec.  64.6060  Annual reporting and certification requirement.

    (a) Providers must submit a report to the Commission, by April 1st 
of each year, regarding interstate, intrastate, and international Inmate 
Calling Services for the prior calendar year. The report shall be 
categorized both by facility type and size and shall contain:
    (1) Current interstate, intrastate, and international rates for 
Inmate Calling Services;

[[Page 592]]

    (2) Current Ancillary Service Charge amounts and the instances of 
use of each;
    (3) The Monthly amount of each Site Commission paid;
    (4)[Reserved]
    (5) The number of TTY-based Inmate Calling Services calls provided 
per facility during the reporting period;
    (6) The number of dropped calls the reporting Provider experienced 
with TTY-based calls; and
    (7) The number of complaints that the reporting Provider received 
related to e.g., dropped calls, poor call quality and the number of 
incidences of each by TTY and TRS users.
    (b) An officer or director of the reporting Provider must certify 
that the reported information and data are accurate and complete to the 
best of his or her knowledge, information, and belief.

[80 FR 79179, Dec. 18, 2015, as amended at 85 FR 67462, Oct. 23, 2020]

    Effective Date Note: At 87 FR 75515, Dec. 9, 2022, Sec.  64.6060 was 
amended by revising paragraphs (a)(5), (6) and (7), these paragraphs 
have been delayed indefinitely. For the convenience of the user, the 
revised text is set forth as follows:



Sec.  64.6060  Annual reporting and certification requirement.

    (a) * * *
    (5) For each facility served, the kinds of TRS that may be accessed 
from the facility;
    (6) For each facility served, the number of calls completed during 
the reporting period in each of the following categories:
    (i) TTY-to-TTY calls;
    (ii) Point-to-point video calls placed or received by ASL users as 
those terms are defined in Sec.  64.601(a); and
    (iii) TRS calls, broken down by each form of TRS that can be 
accessed from the facility; and
    (7) For each facility served, the number of complaints that the 
reporting Provider received in each of the categories set forth in 
paragraph (a)(6) of this section.



Sec.  64.6070  Taxes and fees.

    No Provider shall charge any taxes or fees to users of Inmate 
Calling Services for, or in connection with, interstate or international 
calls, other than those permitted under Sec.  64.6020, and those defined 
as Mandatory Taxes, Mandatory Fees, or Authorized Fees.

[85 FR 67462, Oct. 23, 2020]



Sec.  64.6080  Per-Call or Per-Connection Charges.

    No Provider shall impose a Per-Call or Per-Connection Charge on a 
Consumer for any interstate or international calls.

[85 FR 67462, Oct. 23, 2020]



Sec.  64.6090  Flat-Rate Calling.

    No Provider shall offer Flat-Rate Calling for interstate or 
international Inmate Calling Services.

[85 FR 67462, Oct. 23, 2020]



Sec.  64.6100  Minimum and maximum Prepaid Calling account balances.

    (a) No Provider shall institute a minimum balance requirement for a 
Consumer to use Debit or Prepaid Calling for interstate or international 
calls.
    (b) No Provider shall prohibit a consumer from depositing at least 
$50 per transaction to fund a Debit or Prepaid Calling account that can 
be used for interstate or international calls.

[85 FR 67462, Oct. 23, 2020]



Sec.  64.6110  Consumer disclosure of Inmate Calling Services rates.

    (a) Providers must clearly, accurately, and conspicuously disclose 
their interstate, intrastate, and international rates and Ancillary 
Service Charges to consumers on their websites or in another reasonable 
manner readily available to consumers. In connection with international 
rates, providers shall also separately disclose the rate component for 
terminating calls to each country where that provider terminates 
International Calls.
    (b) Providers must clearly label the Facility-Related Rate Component 
(either the Legally Mandated Facility Rate Component or the 
Contractually Prescribed Facility Rate Component) identified in Sec.  
64.6030(d) as a separate line item on Consumer bills for the recovery of 
permissible facility-related costs contained in Site Commission 
payments. To be clearly labeled, the Facility-Related Rate Component 
shall:
    (1) Identify the Provider's obligation to pay a Site Commission as 
either imposed by state statutes or laws or regulations that are adopted 
pursuant to

[[Page 593]]

state administrative procedure statutes where there is notice and an 
opportunity for public comment that operates independently of the 
contracting process between Correctional Institutions and Providers or 
subject to a contract with the Correctional Facility;
    (2) Where the Site Commission is imposed by state statute, or law or 
regulation adopted pursuant to state administrative procedure statutes 
where there is notice and an opportunity for public comment and that 
operates independently of the contracting process between Correctional 
Institutions and Providers, specify the relevant statute, law, or 
regulation.
    (3) Identify the amount of the Site Commission payment, expressed as 
a per-minute or per-call charge, a percentage of revenue, or a flat fee; 
and
    (4) Identify the amount charged to the Consumer for the call or 
calls on the bill.
    (c) Providers must clearly label all charges for International Calls 
in Sec.  64.6030(e) as a separate line item on Consumer bills. To be 
clearly labeled, providers must identify the amount charged to the 
Consumer for the International Call, including the costs paid by the 
provider to its underlying international providers to terminate the 
International Call to the international destination of the call.

[87 FR 40732, July 28, 2021, as amended at 87 FR 7956, Feb. 11, 2022]



Sec.  64.6120  Waiver process.

    (a) A Provider may seek a waiver of the interim rate caps 
established in Sec.  64.6030 and the Ancillary Service Charge fee caps 
on a Correctional Facility or contract basis if the interstate or 
international rate caps or Ancillary Service Charge fee caps prevent the 
Provider from recovering the costs of providing interstate or 
international Inmate Calling Services at a Correctional Facility or at 
the Correctional Facilities covered by a contract.
    (b) At a minimum, a Provider seeking such a waiver is required to 
submit:
    (1) The Provider's total company costs, including the nonrecurring 
costs of the assets it uses to provide Inmate Calling Services, and its 
recurring operating expenses for these services at the Correctional 
Facility or under the contract;
    (2) The methods the provider used to identify its direct costs of 
providing interstate and international Inmate Calling Services, to 
allocate its indirect costs between its Inmate Calling Services and 
other operations, and to assign its direct costs to and allocate its 
indirect costs among its Inmate Calling Services contracts and 
Correctional Facilities;
    (3) The Provider's demand for interstate and international Inmate 
Calling Services at the Correctional Facility or at each Correctional 
Facility covered by the contract;
    (4) The revenue or other compensation the Provider receives from the 
provision interstate and international Inmate Calling Services, 
including the allowable portion of any permissible Ancillary Service 
Charges attributable to interstate or international inmate calling 
services, at the Correctional Facility or at each Correctional Facility 
covered by the contract;
    (5) A complete and unredacted copy of the contract for the 
Correctional Facility or Correctional Facilities, and any amendments to 
such contract;
    (6) Copies of the initial request for proposals and any amendments 
thereto, the Provider's bid in response to that request, and responses 
to any amendments (or a statement that the Provider no longer has access 
to those documents because they were executed prior to the date this 
section is codified.
    (7) A written explanation of how and why the circumstances 
associated with that Correctional Facility or contract differ from the 
circumstances at similar Correctional Facilities the Provider serves, 
and from other Correctional Facilities covered by the same contract, if 
applicable; and
    (8) An attestation from a company officer with knowledge of the 
underlying information that all of the information the provider submits 
in support of its waiver request is complete and correct.
    (c) A Provider seeking a waiver pursuant to paragraph (a) of this 
section

[[Page 594]]

must provide any additional information requested by the Commission 
during the course of its review.

[87 FR 40732, July 28, 2021, as amended at 87 FR 7956, Feb. 11, 2022]



Sec.  64.6130  Interim protections of consumer funds in inactive accounts.

    (a) All funds deposited into a debit calling or prepaid calling 
account that can be used to pay for interstate or international Inmate 
Calling Services or associated ancillary services shall remain the 
property of the account holder unless or until the funds are either:
    (1) Used to pay for products or services purchased by the account 
holder or the incarcerated person for whose benefit the account was 
established;
    (2) Disposed of in accordance with a Controlling Judicial or 
Administrative Mandate; or
    (3) Disposed of in accordance with applicable state law 
requirements, including, but not limited to, requirements governing 
unclaimed property.
    (b) No provider may seize or otherwise dispose of unused funds in a 
debit calling or prepaid calling account until at least 180 calendar 
days of continuous account inactivity has passed, or at the end of any 
alternative period set by state law, except as provided in paragraph (a) 
of this section or through a refund to the customer.
    (c) The 180-day period, or alternative period set by state law, must 
be continuous. Any of the following actions by the account holder or the 
incarcerated person for whose benefit the account was established ends 
the period of inactivity and restarts the 180-day period:
    (1) Depositing, crediting, or otherwise adding funds to an account;
    (2) Withdrawing, spending, debiting, transferring, or otherwise 
removing funds from an account; or
    (3) Expressing an interest in retaining, receiving, or transferring 
the funds in an account, or otherwise attempting to exert or exerting 
ownership or control over the account or the funds held within the 
account.
    (d) After 180 days of continuous account inactivity have passed, or 
at the end of any alternative period set by state law, the provider must 
make reasonable efforts to refund the balance in the account to the 
account holder.
    (e) If a provider's reasonable efforts to refund the balance of the 
account fail, the provider must treat the remaining funds in accordance 
with applicable state consumer protection law requirements concerning 
unclaimed funds or the disposition of such funds.

[87 FR 75515, Dec. 9, 2022]



      Subpart GG_National Deaf-Blind Equipment Distribution Program

    Source: 81 FR 65975, Sept. 26, 2016, unless otherwise noted.



Sec.  64.6201  Purpose.

    The National Deaf-Blind Equipment Distribution Program (NDBEDP) is 
established to support programs that distribute Equipment to low-income 
individuals who are deaf-blind.



Sec.  64.6203  Definitions.

    For purposes of this subpart, the following definitions shall apply:
    (a) Covered Services. Telecommunications service, Internet access 
service, and advanced communications services, including interexchange 
services and advanced telecommunications and information services.
    (b) Equipment. Hardware, software, and applications, whether 
separate or in combination, mainstream or specialized, needed by an 
individual who is deaf-blind to achieve access to Covered Services.
    (c) Individual who is deaf-blind. (1) Any individual:
    (i) Who has a central visual acuity of 20/200 or less in the better 
eye with corrective lenses, or a field defect such that the peripheral 
diameter of visual field subtends an angular distance no greater than 20 
degrees, or a progressive visual loss having a prognosis leading to one 
or both these conditions;
    (ii) Who has a chronic hearing impairment so severe that most speech 
cannot be understood with optimum amplification, or a progressive 
hearing loss having a prognosis leading to this condition; and
    (iii) For whom the combination of impairments described in 
paragraphs

[[Page 595]]

(c)(1)(i) and (ii) of this section cause extreme difficulty in attaining 
independence in daily life activities, achieving psychosocial 
adjustment, or obtaining a vocation.
    (2) An individual's functional abilities with respect to using 
Covered Services in various environments shall be considered when 
determining whether the individual is deaf-blind under paragraphs 
(c)(1)(ii) and (iii) of this section.
    (3) The definition in this paragraph (c) also includes any 
individual who, despite the inability to be measured accurately for 
hearing and vision loss due to cognitive or behavioral constraints, or 
both, can be determined through functional and performance assessment to 
have severe hearing and visual disabilities that cause extreme 
difficulty in attaining independence in daily life activities, achieving 
psychosocial adjustment, or obtaining vocational objectives.
    (d) Specialized customer premises equipment means equipment employed 
on the premises of a person, which is commonly used by individuals with 
disabilities to achieve access to Covered Services.
    (e) TRS Fund Administrator. The entity selected by the Commission to 
administer the Interstate Telecommunications Relay Service Fund (TRS 
Fund) established pursuant to subpart F.



Sec.  64.6205  Administration of the program.

    The Consumer and Governmental Affairs Bureau shall designate a 
Commission official as the NDBEDP Administrator to ensure the effective, 
efficient, and consistent administration of the program, determine 
annual funding allocations and reallocations, and review reimbursement 
claims to ensure that the claimed costs are consistent with the NDBEDP 
rules.



Sec.  64.6207  Certification to receive funding.

    For each state, including the District of Columbia and U.S. 
territories, the Commission will certify a single program as the sole 
entity authorized to receive reimbursement for NDBEDP activities from 
the TRS Fund. Such entity will have full responsibility for distributing 
equipment and providing related services, such as outreach, assessments, 
installation, and training, in that state, either directly or through 
collaboration, partnership, or contract with other individuals or 
entities in-state or out-of-state, including other NDBEDP certified 
programs.
    (a) Eligibility for certification. Public or private entities, 
including, but not limited to, equipment distribution programs, 
vocational rehabilitation programs, assistive technology programs, 
schools for the deaf, blind, or deaf-blind, organizational affiliates, 
independent living centers, or private educational facilities, may apply 
to the Commission for certification.
    (b) When to apply. Applications for certification shall be filed:
    (1) Within 60 days after the effective date of this section;
    (2) At least one year prior to the expiration of a program's 
certification;
    (3) Within 30 days after public notice of a program's relinquishment 
of certification; and
    (4) If an application deadline is extended or a vacancy exists for 
other reasons than relinquishment or expiration of a certification, 
within the time period specified by public notice.
    (c) Qualifications. Applications shall contain sufficient detail to 
demonstrate the entity's ability to meet all criteria required for 
certification and a commitment to comply with all Commission 
requirements governing the NDBEDP. The Commission shall review 
applications and determine whether to grant certification based on the 
ability of an entity to meet the following qualifications, either 
directly or in coordination with other programs or entities, as 
evidenced in the application and any supplemental materials, including 
letters of recommendation:
    (1) Expertise in the field of deaf-blindness, including familiarity 
with the culture and etiquette of individuals who are deaf-blind;
    (2) The ability to communicate effectively with individuals who are 
deaf-blind (for training and other purposes), by among other things, 
using sign language, providing materials in Braille, ensuring that 
information made available online is accessible, and using

[[Page 596]]

other assistive technologies and methods to achieve effective 
communication;
    (3) Administrative and financial management experience;
    (4) Staffing and facilities sufficient to administer the program, 
including the ability to distribute equipment and provide related 
services to low-income individuals who are deaf-blind throughout the 
state, including those in remote areas;
    (5) Experience with the distribution of specialized customer 
premises equipment, especially to individuals who are deaf-blind;
    (6) Experience in training consumers on how to use Equipment and how 
to set up Equipment for its effective use;
    (7) Familiarity with Covered Services; and,
    (8) If the applicant is seeking renewal of certification, ability to 
provide Equipment and related services in compliance with this subpart.
    (d) Conflicts of interest. (1) An applicant for certification shall 
disclose in its application any relationship, arrangement, or agreement 
with a manufacturer or provider of Equipment or related services that 
poses an actual or potential conflict of interest, as well as the steps 
the applicant will take to eliminate such actual or potential conflict 
or to minimize the associated risks. If an applicant learns of a 
potential or actual conflict while its application is pending, it must 
immediately disclose such conflict to the Commission. The Commission may 
reject an application for NDBEDP certification, or may require an 
applicant, as a condition of certification, to take additional steps to 
eliminate, or to minimize the risks associated with, an actual or 
potential conflict of interest, if relationships, arrangements, or 
agreements affecting the applicant are likely to impede its objectivity 
in the distribution of Equipment or its ability to comply with NDBEDP 
requirements.
    (2) A certified entity shall disclose to the Commission any 
relationship, arrangement, or agreement with a manufacturer or provider 
of Equipment or related services that comes into being or is discovered 
after certification is granted and that poses an actual or potential 
conflict of interest, as well as the steps the entity will take to 
eliminate such actual or potential conflict or to minimize the 
associated risks, within 30 days after the entity learns or should have 
learned of such actual or potential conflict of interest. The Commission 
may suspend or revoke an NDBEDP certification or may require a certified 
entity, as a condition of continued certification, to take additional 
steps to eliminate, or to minimize the risks associated with, an actual 
or potential conflict of interest, if relationships, arrangements, or 
agreements affecting the entity are likely to impede its objectivity in 
the distribution of Equipment or its ability to comply with NDBEDP 
requirements.
    (e) Certification period. Certification granted under this section 
shall be for a period of five years. A program may apply for renewal of 
its certification by filing a new application at least one year prior to 
the expiration of the certification period. If a certified entity is 
replaced prior to the expiration of the certification period, the 
successor entity's certification will expire on the date that the 
replaced entity's certification would have expired.
    (f) Notification of substantive change. A certified program shall 
notify the Commission within 60 days of any substantive change that 
bears directly on its ability to meet the qualifications necessary for 
certification under paragraph (c) of this section.
    (g) Relinquishment of certification. A program wishing to relinquish 
its certification before its certification expires shall electronically 
provide written notice of its intent to do so to the NDBEDP 
Administrator and the TRS Fund Administrator at least 90 days in 
advance, explaining the reason for such relinquishment and providing its 
proposed departure date. After receiving such notice, the Commission 
shall take such steps as may be necessary, consistent with this subpart, 
to ensure continuity and effective oversight of the NDBEDP for the 
affected state.
    (h) Suspension or revocation of certification. The Commission may 
suspend or revoke NDBEDP certification if, after notice and an 
opportunity to object, the Commission determines that an entity is no 
longer qualified for certification. Within 30 days after being

[[Page 597]]

notified of a proposed suspension or revocation of certification, the 
reason therefor, and the applicable suspension or revocation procedures, 
a certified entity may present written arguments and any relevant 
documentation as to why suspension or revocation of certification is not 
warranted. Failure to respond to a notice of suspension or revocation 
within 30 days may result in automatic suspension or revocation of 
certification. A suspension of certification will remain in effect until 
the expiration date, if any, or until the fulfillment of conditions 
stated in a suspension decision. A revocation will be effective for the 
remaining portion of the current certification period. In the event of 
suspension or revocation, the Commission shall take such steps as may be 
necessary, consistent with this subpart, to ensure continuity and 
effective oversight of the NDBEDP for the affected state.
    (i) [Reserved]
    (j) Certification transitions. When a new entity is certified as a 
state's program, the previously certified entity shall:
    (1) Within 30 days after the new entity is certified, and as a 
condition precedent to receiving payment for any reimbursement claims 
pending as of or after the date of certification of the successor 
entity,
    (i) Transfer to the new entity all NDBEDP data, records, and 
information for the previous five years, and any Equipment remaining in 
inventory;
    (ii) Provide notification in accessible formats about the newly-
certified state program to state residents who are in the process of 
obtaining Equipment or related services, or who received Equipment 
during the previous three-year period; and
    (iii) Inform the NDBEDP Administrator that such transfer and 
notification have been completed;
    (2) Submit all reimbursement claims, reports, audits, and other 
required information relating to the previously certified entity's 
provision of Equipment and related services; and
    (3) Take all other steps reasonably necessary to ensure an orderly 
transfer of responsibilities and uninterrupted functioning of the state 
program.



Sec.  64.6209  Eligibility criteria.

    Before providing Equipment or related services to an individual, a 
certified program shall verify the individual's eligibility in 
accordance with this section.
    (a) Verification of disability. A certified program shall require an 
individual applying for Equipment and related services to provide 
verification of disability in accordance with paragraph (a)(1) or (2) of 
this section.
    (1) The individual may provide an attestation from a professional 
with direct knowledge of the individual's disability, either to the best 
of the professional's knowledge or under penalty of perjury, that the 
applicant is deaf-blind (as defined in Sec.  64.6203(c) of this part). 
Such attestation shall include the attesting professional's full name, 
title, and contact information, including business name, address, phone 
number, and email address. Such attestation shall also include the basis 
of the attesting professional's knowledge that the individual is deaf-
blind and may also include information about the individual's functional 
abilities to use Covered Services in various settings.
    (2) The individual may provide existing documentation that the 
individual is deaf-blind, such as an individualized education program 
(IEP) or a Social Security determination letter.
    (b) Verification of income eligibility. A certified program shall 
require an individual applying for Equipment and related services to 
provide verification that his or her income does not exceed 400 percent 
of the Federal Poverty Guidelines, as defined in 42 U.S.C. 9902(2), or 
that he or she is enrolled in a federal program with an income 
eligibility requirement that does not exceed 400 percent of the Federal 
Poverty Guidelines, such as Medicaid, Supplemental Nutrition Assistance 
Program, Supplemental Security Income, Federal Public Housing 
Assistance, or Veterans and Survivors Pension Benefit. The NDBEDP 
Administrator may identify state or other federal programs with income 
eligibility thresholds that

[[Page 598]]

do not exceed 400 percent of the Federal Poverty Guidelines for 
determining income eligibility for participation in the NDBEDP. When an 
applicant is not already enrolled in a qualifying low-income program, 
income eligibility may be verified by the certified program using 
appropriate and reasonable means.
    (c) Prohibition against requiring employment. No certified program 
may require, for eligibility, that an applicant be employed or actively 
seeking employment.
    (d) Availability of Covered Services. A certified program may 
require an equipment recipient to demonstrate, for eligibility, that a 
Covered Service that the Equipment is designed to use is available for 
use by the individual.
    (e) Age. A certified program may not establish eligibility criteria 
that exclude low-income individuals who are deaf-blind of a certain age 
from applying for or receiving Equipment if the needs of such 
individuals are not being met through other available resources.
    (f) Reverification. If an individual who has previously received 
equipment from a certified program applies to a certified program for 
additional Equipment or related services one year or more after the 
individual's income was last verified, the certified program shall re-
verify an individual's income eligibility in accordance with paragraph 
(b) before providing new Equipment or related services. If a certified 
program has reason to believe that an individual's vision or hearing has 
improved sufficiently that the individual is no longer eligible for 
Equipment or related services, the certified program shall require 
reverification of the individual's disability in accordance with 
paragraph (a) before providing new Equipment or related services.



Sec.  64.6211  Equipment distribution and related services.

    (a) A certified program shall:
    (1) Distribute Equipment and provide related services;
    (2) Permit the transfer of a recipient's account, records, and any 
title to and control of the distributed Equipment to another state's 
certified program when a recipient relocates to another state;
    (3) Permit the transfer of a recipient's account, records, and any 
title to and control of the distributed Equipment from another state's 
NDBEDP certified program when a recipient relocates to the program's 
state;
    (4) Prohibit recipients from transferring Equipment received under 
the NDBEDP to another person through sale or otherwise, and if it learns 
that an individual has unlawfully obtained, sold, or transferred 
Equipment, take appropriate steps to reclaim the Equipment or its worth;
    (5) Include the following or a substantially similar attestation on 
all consumer application forms:

    I certify that all information provided on this application, 
including information about my disability and income, is true, complete, 
and accurate to the best of my knowledge. I authorize program 
representatives to verify the information provided.
    I permit information about me to be shared with my state's current 
and successor program managers and representatives for the 
administration of the program and for the delivery of equipment and 
services to me. I also permit information about me to be reported to the 
Federal Communications Commission for the administration, operation, and 
oversight of the program.
    If I am accepted into the program, I agree to use program services 
solely for the purposes intended. I understand that I may not sell, 
give, or lend to another person any equipment provided to me by the 
program.
    If I provide any false records or fail to comply with these or other 
requirements or conditions of the program, program officials may end 
services to me immediately. Also, if I violate these or other 
requirements or conditions of the program on purpose, program officials 
may take legal action against me.
    I certify that I have read, understand, and accept these conditions 
to participate in iCanConnect (the National Deaf-Blind Equipment 
Distribution Program);

    (6) Conduct outreach, in accessible formats, to inform state 
residents about the NDBEDP, which may include the development and 
maintenance of a program Web site;
    (7) Engage an independent auditor to conduct an annual audit, submit 
a copy of the annual audit to the NDBEDP Administrator, and submit to 
audits as deemed appropriate by the Commission or its delegated 
authorities;
    (8) Document compliance with all Commission requirements governing

[[Page 599]]

the NDBEDP and provide such documentation to the Commission upon 
request;
    (9) Retain all records associated with the distribution of Equipment 
and provision of related services under the NDBEDP, including records 
that support reimbursement claims and reports required by Sec. Sec.  
64.6213 and 64.6215 of this part, for a minimum of five years; and
    (10) Comply with other applicable provisions of this section.
    (b) A certified program shall not:
    (1) Impose restrictions on specific brands, models or types of 
communications technology that recipients may receive to access Covered 
Services; or
    (2) Disable or hinder the use of, or direct manufacturers or vendors 
of Equipment to disable or hinder the use of, any capabilities, 
functions, or features on distributed Equipment that are needed to 
access Covered Services;
    (3) Accept any type of financial arrangement from Equipment vendors 
that creates improper incentives to purchase particular Equipment.



Sec.  64.6213  Payments to NDBEDP certified programs.

    (a) Programs certified under the NDBEDP shall be reimbursed for the 
cost of Equipment that has been distributed to low-income individuals 
who are deaf blind and authorized related services, up to the state's 
funding allocation under this program as determined by the Commission or 
any entity authorized to act for the Commission on delegated authority.
    (b) Upon certification and at the beginning of each TRS Fund year, 
state programs may elect to submit reimbursement claims on a monthly, 
quarterly, or semiannual basis;
    (c) Within 30 days after the end of each reimbursement period during 
the TRS Fund year, each certified program must submit documentation that 
supports its claim for reimbursement of the reasonable costs of the 
following:
    (1) Equipment and related expenses, including maintenance, repairs, 
warranties, returns, refurbishing, upgrading, and replacing Equipment 
distributed to consumers;
    (2) Individual needs assessments;
    (3) Installation of Equipment and individualized consumer training;
    (4) Maintenance of an inventory of Equipment that can be loaned to 
consumers during periods of Equipment repair or used for other NDBEDP 
purposes, such as conducting individual needs assessments;
    (5) Outreach efforts to inform state residents about the NDBEDP;
    (6) Train-the-trainer activities and programs;
    (7) Travel expenses; and
    (8) Administrative costs, defined as indirect and direct costs that 
are not included in other cost categories of this paragraph (c) and that 
are necessary for the operation of a program, but not to exceed 15 
percent of the certified program's funding allocation.
    (d) Documentation will be provided in accordance with claim filing 
instructions issued by the TRS Fund Administrator. The NDBEDP 
Administrator and the TRS Fund Administrator may require a certified 
program to submit supplemental information and documentation when 
necessary to verify particular claims.
    (e) With each request for payment, the chief executive officer, 
chief financial officer, or other senior executive of the certified 
program, such as a manager or director, with first-hand knowledge of the 
accuracy and completeness of the claim in the request, must certify as 
follows:

    I swear under penalty of perjury that I am (name and title), an 
officer of the above-named reporting entity, and that I have examined 
all cost data associated with equipment and related services for the 
claims submitted herein, and that all such data are true and an accurate 
statement of the business activities conducted pursuant to the NDBEDP by 
the above-named certified program.



Sec.  64.6215  Reporting requirements.

    (a) Every six months, for the periods January through June and July 
through December, a certified program shall submit data to the 
Commission in the following categories:
    (1) Each Equipment recipient's identity and other relevant 
characteristics;
    (2) Information about the Equipment provided, including costs;
    (3) Information about assessments, installation, and training, 
including costs;

[[Page 600]]

    (4) Information about local outreach undertaken, including costs; 
and
    (5) Promptness of service.
    (b) The categories of information to be reported may be supplemented 
by the Chief, Consumer and Governmental Affairs Bureau, as necessary to 
further the purposes of the program and prevent fraud, waste, and abuse. 
Reports are due 60 days after the end of a reporting period. The 
specific items of information to be reported in each category and the 
manner in which they are to be reported shall be set forth in 
instructions issued by the NDBEDP Administrator.
    (c) With each report, the chief executive officer, chief financial 
officer, or other senior executive of the certified program, such as a 
director or manager, with first-hand knowledge of the accuracy and 
completeness of the information provided in the report, must certify as 
follows:

    I swear under penalty of perjury that I am (name and title), an 
officer of the above-named reporting entity, and that the entity has 
policies and procedures in place to ensure that recipients satisfy the 
NDBEDP eligibility requirements, that the entity is in compliance with 
the Commission's NDBEDP rules, that I have examined the foregoing 
reports and that all requested information has been provided, and all 
statements of fact are true and an accurate statement of the business 
activities conducted pursuant to the NDBEDP by the above-named certified 
program.



Sec.  64.6217  Complaints.

    Complaints against NDBEDP certified programs for alleged violations 
of this subpart may be either informal or formal.
    (a) Informal complaints. (1) An informal complaint may be 
transmitted to the Consumer and Governmental Affairs Bureau by any 
reasonable means, such as letter, fax, telephone, TTY, email, or the 
Commission's online complaint filing system.
    (2) Content. An informal complaint shall include the name and 
address of the complainant; the name of the NDBEDP certified program 
against whom the complaint is made; a statement of facts supporting the 
complainant's allegation that the NDBEDP certified program has violated 
or is violating section 719 of the Communications Act or the 
Commission's rules, or both; the specific relief or satisfaction sought 
by the complainant; and the complainant's preferred format or method of 
response to the complaint by the Commission and the NDBEDP certified 
program, such as by letter, fax, telephone, TTY, or email.
    (3) Service. The Commission shall promptly forward any complaint 
meeting the requirements of this subsection to the NDBEDP certified 
program named in the complaint and call upon the program to satisfy or 
answer the complaint within the time specified by the Commission.
    (b) Review and disposition of informal complaints. (1) Where it 
appears from the NDBEDP certified program's answer, or from other 
communications with the parties, that an informal complaint has been 
satisfied, the Commission may, in its discretion, consider the matter 
closed. In all other cases, the Commission shall inform the parties of 
its review and disposition of a complaint filed under this subpart. 
Where practicable, this information shall be transmitted to the 
complainant and NDBEDP certified program in the manner requested by the 
complainant.
    (2) A complainant unsatisfied with the NDBEDP certified program's 
response to the informal complaint and the Commission's disposition of 
the informal complaint may file a formal complaint with the Commission 
pursuant to paragraph (c) of this section.
    (c) Formal complaints. Formal complaints against an NDBEDP certified 
program may be filed in the form and in the manner prescribed under 
Sec. Sec.  1.720 through 1.740 of this chapter. Commission staff may 
grant waivers of, or exceptions to, particular requirements under 
Sec. Sec.  1.720 through 1.740 of this chapter for good cause shown; 
provided, however, that such waiver authority may not be exercised in a 
manner that relieves, or has the effect of relieving, a complainant of 
the obligation under Sec. Sec.  1.721 and 1.722 of this chapter to 
allege facts which, if true, are sufficient to constitute a violation or 
violations of section 719 of the Communications Act or this subpart.
    (d) Actions by the Commission on its own motion. The Commission may 
on

[[Page 601]]

its own motion conduct such inquiries and hold such proceedings as it 
may deem necessary to enforce the requirements of this subpart and 
section 719 of the Communications Act. The procedures to be followed by 
the Commission shall, unless specifically prescribed by the 
Communications Act and the Commission's rules, be such as in the opinion 
of the Commission will best serve the purposes of such inquiries and 
proceedings.

[81 FR 65975, Sept. 26, 2016, as amended at 83 FR 44843, Sept.4, 2018]



Sec.  64.6219  Whistleblower protections.

    (a) NDBEDP certified programs shall permit, without reprisal in the 
form of an adverse personnel action, purchase or contract cancellation 
or discontinuance, eligibility disqualification, or otherwise, any 
current or former employee, agent, contractor, manufacturer, vendor, 
applicant, or recipient, to disclose to a designated official of the 
certified program, the NDBEDP Administrator, the TRS Fund Administrator, 
the Commission, or to any federal or state law enforcement entity, any 
known or suspected violations of the Communications Act or Commission 
rules, or any other activity that the reporting person reasonably 
believes to be unlawful, wasteful, fraudulent, or abusive, or that 
otherwise could result in the improper distribution of Equipment, 
provision of services, or billing to the TRS Fund.
    (b) NDBEDP certified programs shall include these whistleblower 
protections with the information they provide about the program in any 
employee handbooks or manuals, on their Web sites, and in other 
appropriate publications.



                   Subpart HH_Caller ID Authentication

    Source: 85 FR 22043, Apr. 21, 2020, unless otherwise noted.



Sec.  64.6300  Definitions.

    (a) Authenticate caller identification information. The term 
``authenticate caller identification information'' refers to the process 
by which a voice service provider attests to the accuracy of caller 
identification information transmitted with a call it originates.
    (b) Caller identification information. The term ``caller 
identification information'' has the same meaning given the term 
``caller identification information'' in 47 CFR 64.1600(c) as it 
currently exists or may hereafter be amended.
    (c) Foreign voice service provider. The term ``foreign voice service 
provider'' refers to any entity providing voice service outside the 
United States that has the ability to originate voice service that 
terminates in a point outside that foreign country or terminate voice 
service that originates from points outside that foreign country.
    (d) Gateway provider. The term ``gateway provider'' means a U.S.-
based intermediate provider that receives a call directly from a foreign 
originating provider or foreign intermediate provider at its U.S.-based 
facilities before transmitting the call downstream to another U.S.-based 
provider. For purposes of this paragraph (d):
    (1) U.S.-based means that the provider has facilities located in the 
United States, including a point of presence capable of processing the 
call; and
    (2) Receives a call directly from a provider means the foreign 
provider directly upstream of the gateway provider in the call path sent 
the call to the gateway provider, with no providers in-between.
    (e) Governance Authority. The term ``Governance Authority'' refers 
to the Secure Telephone Identity Governance Authority, the entity that 
establishes and governs the policies regarding the issuance, management, 
and revocation of Service Provider Code (SPC) tokens to intermediate 
providers and voice service providers.
    (f) Industry traceback consortium. The term ``industry traceback 
consortium'' refers to the consortium that conducts private-led efforts 
to trace back the origin of suspected unlawful robocalls as selected by 
the Commission pursuant to Sec.  64.1203.
    (g) Intermediate provider. The term ``intermediate provider'' means 
any entity that carries or processes traffic that traverses or will 
traverse the public switched telephone network at any

[[Page 602]]

point insofar as that entity neither originates nor terminates that 
traffic.
    (h) Non-facilities-based small voice service provider. The term 
``non-facilities-based small voice service provider'' means a small 
voice service provider that is offering voice service to end-users 
solely using connections that are not sold by the provider or its 
affiliates.
    (i) Non-gateway intermediate provider. The term ``non-gateway 
intermediate provider'' means any entity that is an intermediate 
provider as that term is defined by paragraph (g) of this section that 
is not a gateway provider as that term is defined by paragraph (d) of 
this section.
    (j) Robocall Mitigation Database. The term ``Robocall Mitigation 
Database'' refers to a database accessible via the Commission's website 
that lists all entities that make filings pursuant to Sec.  64.6305(b).
    (k) SIP call. The term ``SIP call'' refers to calls initiated, 
maintained, and terminated using the Session Initiation Protocol 
signaling protocol.
    (l) SPC token. The term ``SPC token'' refers to the Service Provider 
Code token, an authority token validly issued to an intermediate 
provider or voice service provider that allows the provider to 
authenticate and verify caller identification information consistent 
with the STIR/SHAKEN authentication framework in the United States.
    (m) STIR/SHAKEN authentication framework. The term ``STIR/SHAKEN 
authentication framework'' means the secure telephone identity revisited 
and signature-based handling of asserted information using tokens 
standards.
    (n) Verify caller identification information. The term ``verify 
caller identification information'' refers to the process by which a 
voice service provider confirms that the caller identification 
information transmitted with a call it terminates was properly 
authenticated.
    (o) Voice service. The term ``voice service''--
    (1) Means any service that is interconnected with the public 
switched telephone network and that furnishes voice communications to an 
end user using resources from the North American Numbering Plan or any 
successor to the North American Numbering Plan adopted by the Commission 
under section 251(e)(1) of the Communications Act of 1934, as amended; 
and
    (2) Includes--
    (i) Transmissions from a telephone facsimile machine, computer, or 
other device to a telephone facsimile machine; and
    (ii) Without limitation, any service that enables real-time, two-way 
voice communications, including any service that requires internet 
Protocol-compatible customer premises equipment and permits out-bound 
calling, whether or not the service is one-way or two-way voice over 
internet Protocol.

[85 FR 22043, Apr. 21, 2020, as amended at 85 FR 73394, Nov. 17, 2020; 
87 FR 3693, Jan. 25, 2022; 87 FR 42946, July 18, 2022; 88 FR 40117, June 
21, 2023]



Sec.  64.6301  Caller ID authentication.

    (a) STIR/SHAKEN implementation by voice service providers. Except as 
provided in Sec. Sec.  64.6304 and 64.6306, not later than June 30, 
2021, a voice service provider shall fully implement the STIR/SHAKEN 
authentication framework in its internet Protocol networks. To fulfill 
this obligation, a voice service provider shall:
    (1) Authenticate and verify caller identification information for 
all SIP calls that exclusively transit its own network;
    (2) Authenticate caller identification information for all SIP calls 
it originates and that it will exchange with another voice service 
provider or intermediate provider and, to the extent technically 
feasible, transmit that call with authenticated caller identification 
information to the next voice service provider or intermediate provider 
in the call path; and
    (3) Verify caller identification information for all SIP calls it 
receives from another voice service provider or intermediate provider 
which it will terminate and for which the caller identification 
information has been authenticated.
    (b) [Reserved].

[85 FR 22043, Apr. 21, 2020, as amended at 85 FR 73394, Nov. 17, 2020]

[[Page 603]]



Sec.  64.6302  Caller ID authentication by intermediate providers.

    Not later than June 30, 2021, each intermediate provider shall fully 
implement the STIR/SHAKEN authentication framework in its internet 
Protocol networks. To fulfill this obligation, an intermediate provider 
shall:
    (a) Pass unaltered to the subsequent intermediate provider or voice 
service provider in the call path any authenticated caller 
identification information it receives with a SIP call, subject to the 
following exceptions under which it may remove the authenticated caller 
identification information:
    (1) Where necessary for technical reasons to complete the call; or
    (2) Where the intermediate provider reasonably believes the caller 
identification authentication information presents an imminent threat to 
its network security; and
    (b) Authenticate caller identification information for all calls it 
receives for which the caller identification information has not been 
authenticated and which it will exchange with another provider as a SIP 
call, except that the intermediate provider is excused from such duty to 
authenticate if it:
    (1) Cooperatively participates with the industry traceback 
consortium; and
    (2) Responds fully and in a timely manner to all traceback requests 
it receives from the Commission, law enforcement, and the industry 
traceback consortium regarding calls for which it acts as an 
intermediate provider.
    (c) Notwithstanding paragraph (b) of this section, a gateway 
provider must, not later than June 30, 2023, authenticate caller 
identification information for all calls it receives that use North 
American Numbering Plan resources that pertain to the United States in 
the caller ID field and for which the caller identification information 
has not been authenticated and which it will exchange with another 
provider as a SIP call, unless that gateway provider is subject to an 
applicable extension in Sec.  64.6304.
    (d) Notwithstanding paragraph (b) of this section, a non-gateway 
intermediate provider must, not later than December 31, 2023, 
authenticate caller identification information for all calls it receives 
directly from an originating provider and for which the caller 
identification information has not been authenticated and which it will 
exchange with another provider as a SIP call, unless that non-gateway 
intermediate provider is subject to an applicable extension in Sec.  
64.6304.

[85 FR 73395, Nov. 17, 2020, as amended at 87 FR 42946, July 18, 2022; 
88 FR 40118, June 21, 2023]



Sec.  64.6303  Caller ID authentication in non-IP networks.

    (a) Except as provided in Sec. Sec.  64.6304 and 64.6306, not later 
than June 30, 2021, a voice service provider shall either:
    (1) Upgrade its entire network to allow for the initiation, 
maintenance, and termination of SIP calls and fully implement the STIR/
SHAKEN framework as required in Sec.  64.6301 throughout its network; or
    (2) Maintain and be ready to provide the Commission on request with 
documented proof that it is participating, either on its own or through 
a representative, including third party representatives, as a member of 
a working group, industry standards group, or consortium that is working 
to develop a non-internet Protocol caller identification authentication 
solution, or actively testing such a solution.
    (b) Except as provided in Sec.  64.6304, not later than June 30, 
2023, a gateway provider shall either:
    (1) Upgrade its entire network to allow for the processing and 
carrying of SIP calls and fully implement the STIR/SHAKEN framework as 
required in Sec.  64.6302(c) throughout its network; or
    (2) Maintain and be ready to provide the Commission on request with 
documented proof that it is participating, either on its own or through 
a representative, including third party representatives, as a member of 
a working group, industry standards group, or consortium that is working 
to develop a non-internet Protocol caller identification authentication 
solution, or actively testing such a solution.
    (c) [Reserved]

[87 FR 42946, July 18, 2022, as amended at 87 FR 75944, Dec. 12, 2022; 
88 FR 40118, June 21, 2023]

[[Page 604]]


    Effective Date Notes: At 87 FR 42946, July 18, 2022, Sec.  64.6303 
was revised, however paragraph (b) has been delayed indefinitely.
    2. At 88 FR 40118, June 21, 2023, Sec.  64.6303 was amended by 
adding paragraph (c), however this amendment was delayed 
indefinitely.For the convenience of the user, the added text is set 
forth as follows:



Sec.  64.6303  Caller ID authentication in non-IP networks.

                                * * * * *

    (c) Except as provided in Sec.  64.6304, not later than December 31, 
2023, a non-gateway intermediate provider receiving a call directly from 
an originating provider shall either:
    (1) Upgrade its entire network to allow for the processing and 
carrying of SIP calls and fully implement the STIR/SHAKEN framework as 
required in Sec.  64.6302(d) throughout its network; or
    (2) Maintain and be ready to provide the Commission on request with 
documented proof that it is participating, either on its own or through 
a representative, including third party representatives, as a member of 
a working group, industry standards group, or consortium that is working 
to develop a non-internet Protocol caller identification authentication 
solution, or actively testing such a solution.



Sec.  64.6304  Extension of implementation deadline.

    (a) Small voice service providers. (1) Small voice service providers 
are exempt from the requirements of Sec.  64.6301 through June 30, 2023, 
except that:
    (i) A non-facilities-based small voice service provider is exempt 
from the requirements of Sec.  64.6301 only until June 30, 2022;
    (ii) A small voice service provider notified by the Enforcement 
Bureau pursuant to Sec.  0.111(a)(27) of this chapter that fails to 
respond in a timely manner, fails to respond with the information 
requested by the Enforcement Bureau, including credible evidence that 
the robocall traffic identified in the notification is not illegal, 
fails to demonstrate that it taken steps to effectively mitigate the 
traffic, or if the Enforcement Bureau determines the provider violates 
Sec.  64.1200(n)(2), will no longer be exempt from the requirements of 
Sec.  64.6301 beginning 90 days following the date of the Enforcement 
Bureau's determination, unless the extension would otherwise terminate 
earlier pursuant to paragraph (a)(1) introductory text or (a)(1)(i), in 
which case the earlier deadline applies; and
    (iii) Small voice service providers that originate calls via 
satellite using North American Numbering Plan numbers are deemed subject 
to a continuing extension of Sec.  64.6301.
    (2) For purposes of this paragraph (a), ``small voice service 
provider'' means a provider that has 100,000 or fewer voice service 
subscriber lines (counting the total of all business and residential 
fixed subscriber lines and mobile phones and aggregated over all of the 
provider's affiliates).
    (b) Voice service providers, gateway providers, and non-gateway 
intermediate providers that cannot obtain an SPC token. Voice service 
providers that are incapable of obtaining an SPC token due to Governance 
Authority policy are exempt from the requirements of Sec.  64.6301 until 
they are capable of obtaining an SPC token. Gateway providers that are 
incapable of obtaining an SPC token due to Governance Authority policy 
are exempt from the requirements of Sec.  64.6302(c) regarding call 
authentication. Non-gateway intermediate providers that are incapable of 
obtaining an SPC token due to Governance Authority policy are exempt 
from the requirements of Sec.  64.6302(d) regarding call authentication.
    (c) Services scheduled for section 214 discontinuance. Services 
which are subject to a pending application for permanent discontinuance 
of service filed as of June 30, 2021, pursuant to the processes 
established in 47 CFR 63.60 through 63.100, as applicable, are exempt 
from the requirements of Sec.  64.6301 through June 30, 2022.
    (d) Non-IP networks. Those portions of a voice service provider, 
gateway provider, or non-gateway intermediate provider's network that 
rely on technology that cannot initiate, maintain, carry, process, and 
terminate SIP calls are deemed subject to a continuing extension. A 
voice service provider subject to the foregoing extension shall comply 
with the requirements of Sec.  64.6303(a) as to the portion of its 
network subject to the extension, a gateway provider subject to the 
foregoing

[[Page 605]]

extension shall comply with the requirements of Sec.  64.6303(b) as to 
the portion of its network subject to the extension, and a non-gateway 
intermediate provider receiving calls directly from an originating 
provider subject to the foregoing extension shall comply with the 
requirements of Sec.  64.6303(c) as to the portion of its network 
subject to the extension.
    (e) Provider-specific extensions. The Wireline Competition Bureau 
may extend the deadline for compliance with Sec.  64.6301 for voice 
service providers that file individual petitions for extensions by 
November 20, 2020. The Bureau shall seek comment on any such petitions 
and issue an order determining whether to grant the voice service 
provider an extension no later than March 30, 2021.
    (f) Annual reevaluation of granted extensions. The Wireline 
Competition Bureau shall, in conjunction with an assessment of burdens 
and barriers to implementation of caller identification authentication 
technology, annually review the scope of all previously granted 
extensions and, after issuing a Public Notice seeking comment, may 
extend or decline to extend each such extension, and may decrease the 
scope of entities subject to a further extension.

[85 FR 73395, Nov. 17, 2020, as amended at 87 FR 3693, Jan. 25, 2022; 87 
FR 42946, July 18, 2022; 88 FR 40118, June 21, 2023]



Sec.  64.6305  Robocall mitigation and certification.

    (a) Robocall mitigation program requirements for voice service 
providers. (1) Each voice service provider shall implement an 
appropriate robocall mitigation program.
    (2) Any robocall mitigation program implemented pursuant to 
paragraph (a)(1) of this section shall include reasonable steps to avoid 
originating illegal robocall traffic and shall include a commitment to 
respond fully and in a timely manner to all traceback requests from the 
Commission, law enforcement, and the industry traceback consortium, and 
to cooperate with such entities in investigating and stopping any 
illegal robocallers that use its service to originate calls.
    (b) Robocall mitigation program requirements for gateway providers. 
(1) Each gateway provider shall implement an appropriate robocall 
mitigation program with respect to calls that use North American 
Numbering Plan resources that pertain to the United States in the caller 
ID field.
    (2) Any robocall mitigation program implemented pursuant to 
paragraph (b)(1) of this section shall include reasonable steps to avoid 
carrying or processing illegal robocall traffic and shall include a 
commitment to respond fully and within 24 hours to all traceback 
requests from the Commission, law enforcement, and the industry 
traceback consortium, and to cooperate with such entities in 
investigating and stopping any illegal robocallers that use its service 
to carry or process calls.
    (c) Robocall mitigation program requirements for non-gateway 
intermediate providers. (1) Each non-gateway intermediate provider shall 
implement an appropriate robocall mitigation program.
    (2) Any robocall mitigation program implemented pursuant to 
paragraph (c)(1) of this section shall include reasonable steps to avoid 
carrying or processing illegal robocall traffic and shall include a 
commitment to respond fully and in a timely manner to all traceback 
requests from the Commission, law enforcement, and the industry 
traceback consortium, and to cooperate with such entities in 
investigating and stopping any illegal robocallers that use its service 
to carry or process calls.
    (d) Certification by voice service providers in the Robocall 
Mitigation Database. (1) Not later than June 30, 2021, a voice service 
provider, regardless of whether it is subject to an extension granted 
under Sec.  64.6304, shall certify to one of the following:
    (i) It has fully implemented the STIR/SHAKEN authentication 
framework across its entire network and all calls it originates are 
compliant with Sec.  64.6301(a)(1) and (2);
    (ii) It has implemented the STIR/SHAKEN authentication framework on 
a portion of its network and calls it originates on that portion of its 
network are compliant with Sec.  64.6301(a)(1) and (2), and the 
remainder of the calls

[[Page 606]]

that originate on its network are subject to a robocall mitigation 
program consistent with paragraph (a) of this section; or
    (iii) It has not implemented the STIR/SHAKEN authentication 
framework on any portion of its network, and all of the calls that 
originate on its network are subject to a robocall mitigation program 
consistent with paragraph (a) of this section.
    (2) A voice service provider that certifies that some or all of the 
calls that originate on its network are subject to a robocall mitigation 
program consistent with paragraph (a) of this section shall include the 
following information in its certification in English or with a 
certified English translation:
    (i) Identification of the type of extension or extensions the voice 
service provider received under Sec.  64.6304, if the voice service 
provider is not a foreign voice service provider;
    (ii) The specific reasonable steps the voice service provider has 
taken to avoid originating illegal robocall traffic as part of its 
robocall mitigation program; and
    (iii) A statement of the voice service provider's commitment to 
respond fully and in a timely manner to all traceback requests from the 
Commission, law enforcement, and the industry traceback consortium, and 
to cooperate with such entities in investigating and stopping any 
illegal robocallers that use its service to originate calls.
    (3) All certifications made pursuant to paragraphs (d)(1) and (2) of 
this section shall:
    (i) Be filed in the appropriate portal on the Commission's website; 
and
    (ii) Be signed by an officer in conformity with 47 CFR 1.16.
    (4) A voice service provider filing a certification shall submit the 
following information in the appropriate portal on the Commission's 
website:
    (i) The voice service provider's business name(s) and primary 
address;
    (ii) Other business names in use by the voice service provider;
    (iii) All business names previously used by the voice service 
provider;
    (iv) Whether the voice service provider is a foreign voice service 
provider; and
    (v) The name, title, department, business address, telephone number, 
and email address of one person within the company responsible for 
addressing robocall mitigation-related issues.
    (5) A voice service provider shall update its filings within 10 
business days of any change to the information it must provide pursuant 
to paragraphs (d)(1) through (4) of this section.
    (i) A voice service provider or intermediate provider that has been 
aggrieved by a Governance Authority decision to revoke that voice 
service provider's or intermediate provider's SPC token need not update 
its filing on the basis of that revocation until the sixty (60) day 
period to request Commission review, following completion of the 
Governance Authority's formal review process, pursuant to Sec.  
64.6308(b)(1) expires or, if the aggrieved voice service provider or 
intermediate provider files an appeal, until ten business days after the 
Wireline Competition Bureau releases a final decision pursuant to Sec.  
64.6308(d)(1).
    (ii) If a voice service provider or intermediate provider elects not 
to file a formal appeal of the Governance Authority decision to revoke 
that voice service provider's or intermediate provider's SPC token, the 
provider need not update its filing on the basis of that revocation 
until the thirty (30) day period to file a formal appeal with the 
Governance Authority Board expires.
    (e) Certification by gateway providers in the Robocall Mitigation 
Database. (1) By January 11, 2023, a gateway provider shall certify to 
one of the following:
    (i) It has fully implemented the STIR/SHAKEN authentication 
framework across its entire network and all calls it carries or 
processes are compliant with Sec.  64.6302(b);
    (ii) It has implemented the STIR/SHAKEN authentication framework on 
a portion of its network and calls it carries or processes on that 
portion of its network are compliant with Sec.  64.6302(b); or
    (iii) It has not implemented the STIR/SHAKEN authentication 
framework on any portion of its network for carrying or processing 
calls.

[[Page 607]]

    (2) A gateway provider shall include the following information in 
its certification made pursuant to paragraph (e)(1) of this section, in 
English or with a certified English translation:
    (i) Identification of the type of extension or extensions the 
gateway provider received under Sec.  64.6304;
    (ii) The specific reasonable steps the gateway provider has taken to 
avoid carrying or processing illegal robocall traffic as part of its 
robocall mitigation program, including a description of how it has 
complied with the know-your-upstream provider requirement in Sec.  
64.1200(n)(4); and
    (iii) A statement of the gateway provider's commitment to respond 
fully and within 24 hours to all traceback requests from the Commission, 
law enforcement, and the industry traceback consortium, and to cooperate 
with such entities in investigating and stopping any illegal robocallers 
that use its service to carry or process calls.
    (3) All certifications made pursuant to paragraphs (e)(1) and (2) of 
this section shall:
    (i) Be filed in the appropriate portal on the Commission's website; 
and
    (ii) Be signed by an officer in conformity with 47 CFR 1.16.
    (4) A gateway provider filing a certification shall submit the 
following information in the appropriate portal on the Commission's 
website:
    (i) The gateway provider's business name(s) and primary address;
    (ii) Other business names in use by the gateway provider;
    (iii) All business names previously used by the gateway provider;
    (iv) Whether the gateway provider or any affiliate is also a foreign 
voice service provider; and
    (v) The name, title, department, business address, telephone number, 
and email address of one person within the company responsible for 
addressing robocall mitigation-related issues.
    (5) A gateway provider shall update its filings within 10 business 
days to the information it must provide pursuant to paragraphs (e)(1) 
through (4) of this section, subject to the conditions set forth in 
paragraphs (d)(5)(i) and (ii) of this section.
    (f) [Reserved]
    (g) Intermediate provider and voice service provider obligations--
(1) Accepting traffic from domestic voice service providers. 
Intermediate providers and voice service providers shall accept calls 
directly from a domestic voice service provider only if that voice 
service provider's filing appears in the Robocall Mitigation Database in 
accordance with paragraph (d) of this section and that filing has not 
been de-listed pursuant to an enforcement action.
    (2) Accepting traffic from foreign providers. Beginning April 11, 
2023, intermediate providers and voice service providers shall accept 
calls directly from a foreign voice service provider or foreign 
intermediate provider that uses North American Numbering Plan resources 
that pertain to the United States in the caller ID field to send voice 
traffic to residential or business subscribers in the United States, 
only if that foreign provider's filing appears in the Robocall 
Mitigation Database in accordance with paragraph (d) of this section and 
that filing has not been de-listed pursuant to an enforcement action.
    (3) Accepting traffic from gateway providers. Beginning April 11, 
2023, intermediate providers and voice service providers shall accept 
calls directly from a gateway provider only if that gateway provider's 
filing appears in the Robocall Mitigation Database in accordance with 
paragraph (e) of this section, showing that the gateway provider has 
affirmatively submitted the filing, and that filing has not been de-
listed pursuant to an enforcement action.
    (4) [Reserved]
    (5) Public safety safeguards. Notwithstanding paragraphs (g)(1) 
through (4) of this section:
    (i) A provider may not block a voice call under any circumstances if 
the call is an emergency call placed to 911; and
    (ii) A provider must make all reasonable efforts to ensure that it 
does not block any calls from public safety answering points and 
government emergency numbers.

[87 FR 42946, July 18, 2022, as amended at 88 FR 40118, June 21, 2023]

[[Page 608]]


    Effective Date Notes: At 87 FR 42946, July 18, 2022, Sec.  63.6305 
was revised, however paragraphs (b), (c)(2), (d), (e)(2) and (3) are 
delayed indefinitely.
    2. At 88 FR 40119, June 21, 2023 Sec.  63.6305 was amended by 
revising paragraphs (d)(1) introductory text, (d)(1)(ii) and (iii), 
(d)(2), and (d)(4)(iv) and (v) and adding paragraphs (d)(4)(vi) and 
(vii)revising paragraphs (e)(1) introductory text and (e)(2)(i) through 
(iii),adding paragraph (e)(2)(iv), revising paragraphs (e)(4)(iv) and 
(v) and adding paragraphs (e)(4)(vi) and (vii) and adding paragraphs (f) 
and (g)(4), these amendments were delayed indefinitely. For the 
convenience of the user, the revised and added text is set forth as 
follows:



Sec.  64.6305  Robocall mitigation and certification.

                                * * * * *

    (d) * * *
    (1) A voice service provider shall certify that all of the calls 
that it originates on its network are subject to a robocall mitigation 
program consistent with paragraph (a) of this section, that any prior 
certification has not been removed by Commission action and it has not 
been prohibited from filing in the Robocall Mitigation Database by the 
Commission, and to one of the following:

                                * * * * *

    (ii) It has implemented the STIR/SHAKEN authentication framework on 
a portion of its network and all calls it originates on that portion of 
its network are compliant with Sec.  64.6301(a)(1) and (2); or
    (iii) It has not implemented the STIR/SHAKEN authentication 
framework on any portion of its network.
    (2) A voice service provider shall include the following information 
in its certification in English or with a certified English translation:
    (i) Identification of the type of extension or extensions the voice 
service provider received under Sec.  64.6304, if the voice service 
provider is not a foreign voice service provider, and the basis for the 
extension or extensions, or an explanation of why it is unable to 
implement STIR/SHAKEN due to a lack of control over the network 
infrastructure necessary to implement STIR/SHAKEN;
    (ii) The specific reasonable steps the voice service provider has 
taken to avoid originating illegal robocall traffic as part of its 
robocall mitigation program, including a description of how it complies 
with its obligation to know its customers pursuant to Sec.  
64.1200(n)(3), any procedures in place to know its upstream providers, 
and the analytics system(s) it uses to identify and block illegal 
traffic, including whether it uses any third-party analytics vendor(s) 
and the name(s) of such vendor(s);
    (iii) A statement of the voice service provider's commitment to 
respond fully and in a timely manner to all traceback requests from the 
Commission, law enforcement, and the industry traceback consortium, and 
to cooperate with such entities in investigating and stopping any 
illegal robocallers that use its service to originate calls; and
    (iv) State whether, at any time in the prior two years, the filing 
entity (and/or any entity for which the filing entity shares common 
ownership, management, directors, or control) has been the subject of a 
formal Commission, law enforcement, or regulatory agency action or 
investigation with accompanying findings of actual or suspected 
wrongdoing due to the filing entity transmitting, encouraging, 
assisting, or otherwise facilitating illegal robocalls or spoofing, or a 
deficient Robocall Mitigation Database certification or mitigation 
program description; and, if so, provide a description of any such 
action or investigation, including all law enforcement or regulatory 
agencies involved, the date that any action or investigation was 
commenced, the current status of the action or investigation, a summary 
of the findings of wrongdoing made in connection with the action or 
investigation, and whether any final determinations have been issued.

                                * * * * *

    (4) * * *
    (iv) Whether the voice service provider is a foreign voice service 
provider;
    (v) The name, title, department, business address, telephone number, 
and email address of one person within the company responsible for 
addressing robocall mitigation-related issues;
    (vi) Whether the voice service provider is:
    (A) A voice service provider with a STIR/SHAKEN implementation 
obligation directly serving end users;
    (B) A voice service provider with a STIR/SHAKEN implementation 
obligation acting as a wholesale provider originating calls on behalf of 
another provider or providers; or
    (C) A voice service provider without a STIR/SHAKEN implementation 
obligation; and
    (vii) The voice service provider's OCN, if it has one.

                                * * * * *

    (e) * * *
    (1) A gateway provider shall certify that all of the calls that it 
carries or processes on its network are subject to a robocall mitigation 
program consistent with paragraph (b)(1) of this section, that any prior 
certification has not been removed by Commission action and it has not 
been prohibited from

[[Page 609]]

filing in the Robocall Mitigation Database by the Commission, and to one 
of the following:

                                * * * * *

    (2) * * *
    (i) Identification of the type of extension or extensions the 
gateway provider received under Sec.  64.6304 and the basis for the 
extension or extensions, or an explanation of why it is unable to 
implement STIR/SHAKEN due to a lack of control over the network 
infrastructure necessary to implement STIR/SHAKEN;
    (ii) The specific reasonable steps the gateway provider has taken to 
avoid carrying or processing illegal robocall traffic as part of its 
robocall mitigation program, including a description of how it complies 
with its obligation to know its upstream providers pursuant to Sec.  
64.1200(n)(4), the analytics system(s) it uses to identify and block 
illegal traffic, and whether it uses any third-party analytics vendor(s) 
and the name(s) of such vendor(s);
    (iii) A statement of the gateway provider's commitment to respond 
fully and within 24 hours to all traceback requests from the Commission, 
law enforcement, and the industry traceback consortium, and to cooperate 
with such entities in investigating and stopping any illegal robocallers 
that use its service to carry or process calls; and
    (iv) State whether, at any time in the prior two years, the filing 
entity (and/or any entity for which the filing entity shares common 
ownership, management, directors, or control) has been the subject of a 
formal Commission, law enforcement, or regulatory agency action or 
investigation with accompanying findings of actual or suspected 
wrongdoing due to the filing entity transmitting, encouraging, 
assisting, or otherwise facilitating illegal robocalls or spoofing, or a 
deficient Robocall Mitigation Database certification or mitigation 
program description; and, if so, provide a description of any such 
action or investigation, including all law enforcement or regulatory 
agencies involved, the date that any action or investigation was 
commenced, the current status of the action or investigation, a summary 
of the findings of wrongdoing made in connection with the action or 
investigation, and whether any final determinations have been issued.

                                * * * * *

    (4) * * *
    (iv) Whether the gateway provider or any affiliate is also foreign 
voice service provider;
    (v) The name, title, department, business address, telephone number, 
and email address of one person within the company responsible for 
addressing robocall mitigation-related issues;
    (vi) Whether the gateway provider is:
    (A) A gateway provider with a STIR/SHAKEN implementation obligation; 
or
    (B) A gateway provider without a STIR/SHAKEN implementation 
obligation; and
    (vii) The gateway provider's OCN, if it has one.

                                * * * * *

    (f) Certification by non-gateway intermediate providers in the 
Robocall Mitigation Database. (1) A non-gateway intermediate provider 
shall certify that all of the calls that it carries or processes on its 
network are subject to a robocall mitigation program consistent with 
paragraph (c) of this section, that any prior certification has not been 
removed by Commission action and it has not been prohibited from filing 
in the Robocall Mitigation Database by the Commission, and to one of the 
following:
    (i) It has fully implemented the STIR/SHAKEN authentication 
framework across its entire network and all calls it carries or 
processes are compliant with Sec.  64.6302(b);
    (ii) It has implemented the STIR/SHAKEN authentication framework on 
a portion of its network and calls it carries or processes on that 
portion of its network are compliant with Sec.  64.6302(b); or
    (iii) It has not implemented the STIR/SHAKEN authentication 
framework on any portion of its network for carrying or processing 
calls.
    (2) A non-gateway intermediate provider shall include the following 
information in its certification made pursuant to paragraph (f)(1) of 
this section in English or with a certified English translation:
    (i) Identification of the type of extension or extensions the non-
gateway intermediate provider received under Sec.  64.6304, if the non-
gateway intermediate provider is not a foreign provider, and the basis 
for the extension or extensions, or an explanation of why it is unable 
to implement STIR/SHAKEN due to a lack of control over the network 
infrastructure necessary to implement STIR/SHAKEN;
    (ii) The specific reasonable steps the non-gateway intermediate 
provider has taken to avoid carrying or processing illegal robocall 
traffic as part of its robocall mitigation program, including a 
description of any procedures in place to know its upstream providers 
and the analytics system(s) it uses to identify and block illegal 
traffic, including whether it uses any third-party analytics vendor(s) 
and the name of such vendor(s);
    (iii) A statement of the non-gateway intermediate provider's 
commitment to respond fully and in a timely manner to all traceback 
requests from the Commission, law enforcement, and the industry 
traceback consortium, and to cooperate with such entities in 
investigating and stopping any illegal

[[Page 610]]

robocallers that use its service to carry or process calls; and
    (iv) State whether, at any time in the prior two years, the filing 
entity (and/or any entity for which the filing entity shares common 
ownership, management, directors, or control) has been the subject of a 
formal Commission, law enforcement, or regulatory agency action or 
investigation with accompanying findings of actual or suspected 
wrongdoing due to the filing entity transmitting, encouraging, 
assisting, or otherwise facilitating illegal robocalls or spoofing, or a 
deficient Robocall Mitigation Database certification or mitigation 
program description; and, if so, provide a description of any such 
action or investigation, including all law enforcement or regulatory 
agencies involved, the date that any action or investigation was 
commenced, the current status of the action or investigation, a summary 
of the findings of wrongdoing made in connection with the action or 
investigation, and whether any final determinations have been issued.
    (3) All certifications made pursuant to paragraphs (f)(1) and (2) of 
this section shall:
    (i) Be filed in the appropriate portal on the Commission's website; 
and
    (ii) Be signed by an officer in conformity with 47 CFR 1.16.
    (4) A non-gateway intermediate provider filing a certification shall 
submit the following information in the appropriate portal on the 
Commission's website:
    (i) The non-gateway intermediate provider's business name(s) and 
primary address;
    (ii) Other business names in use by the non-gateway intermediate 
provider;
    (iii) All business names previously used by the non-gateway 
intermediate provider;
    (iv) Whether the non-gateway intermediate provider or any affiliate 
is also foreign voice service provider;
    (v) The name, title, department, business address, telephone number, 
and email address of one person within the company responsible for 
addressing robocall mitigation-related issues;
    (vi) Whether the non-gateway intermediate provider is:
    (A) A non-gateway intermediate provider with a STIR/SHAKEN 
implementation obligation; or
    (B) A non-gateway intermediate provider without a STIR/SHAKEN 
implementation obligation; and
    (vii) The non-gateway intermediate service provider's OCN, if it has 
one.
    (5) A non-gateway intermediate provider shall update its filings 
within 10 business days of any change to the information it must provide 
pursuant to this paragraph (f) subject to the conditions set forth in 
paragraphs (d)(5)(i) and (ii) of this section.
    (g) * * *
    (4) Accepting traffic from non-gateway intermediate providers. 
Intermediate providers and voice service providers shall accept calls 
directly from a non-gateway intermediate provider only if that non-
gateway intermediate provider's filing appears in the Robocall 
Mitigation Database in accordance with paragraph (f) of this section, 
showing that the non-gateway intermediate provider affirmatively 
submitted the filing, and that filing has not been de-listed pursuant to 
an enforcement action.
    3. At 88 FR 43459, July 10, 2023 Sec.  63.6305 was amended by 
revising paragraphs (a)(2) and (c)(2), effective Jan. 28, 2024.For the 
convenience of the user, the revised text is set forth as follows:



Sec.  64.6305  Robocall mitigation and certification.

    (a) * * *
    (2) Any robocall mitigation program implemented pursuant to 
paragraph (a)(1) of this section shall include reasonable steps to avoid 
originating illegal robocall traffic and shall include a commitment to 
respond within 24 hours to all traceback requests from the Commission, 
law enforcement, and the industry traceback consortium, and to cooperate 
with such entities in investigating and stopping any illegal robocallers 
that use its service to originate calls.

                                * * * * *

    (c) * * *
    (2) Any robocall mitigation program implemented pursuant to 
paragraph (c)(1) of this section shall include reasonable steps to avoid 
carrying or processing illegal robocall traffic and shall include a 
commitment to respond within 24 hours to all traceback requests from the 
Commission, law enforcement, and the industry traceback consortium, and 
to cooperate with such entities in investigating and stopping any 
illegal robocallers that use its service to carry or process calls.
    4. At 88 FR 43459, July 10, 2023, Sec.  63.6305 was amended revising 
paragraphs (d)(2)(ii) and (iii), (e)(2)(ii), and (f)(2)(iii), however 
these paragraphs are delayed indefinitely.For the convenience of the 
user, the revised text is set forth as follows:



Sec.  64.6305  Robocall mitigation and certification.

                                * * * * *

    (d) * * *
    (2) * * *
    (ii) The specific reasonable steps the voice service provider has 
taken to avoid originating illegal robocall traffic as part of its

[[Page 611]]

robocall mitigation program, including a description of how it complies 
with its obligation to know its customers pursuant to Sec.  
64.1200(n)(4), any procedures in place to know its upstream providers, 
and the analytics system(s) it uses to identify and block illegal 
traffic, including whether it uses any third-party analytics vendor(s) 
and the name(s) of such vendor(s);
    (iii) A statement of the voice service provider's commitment to 
respond within 24 hours to all traceback requests from the Commission, 
law enforcement, and the industry traceback consortium, and to cooperate 
with such entities in investigating and stopping any illegal robocallers 
that use its service to originate calls; and

                                * * * * *

    (e) * * *
    (2) * * *
    (ii) The specific reasonable steps the gateway provider has taken to 
avoid carrying or processing illegal robocall traffic as part of its 
robocall mitigation program, including a description of how it complies 
with its obligation to know its upstream providers pursuant to Sec.  
64.1200(n)(5), the analytics system(s) it uses to identify and block 
illegal traffic, and whether it uses any third-party analytics vendor(s) 
and the name(s) of such vendor(s);

                                * * * * *

    (f) * * *
    (2) * * *
    (iii) A statement of the non-gateway intermediate provider's 
commitment to respond within 24 hours to all traceback requests from the 
Commission, law enforcement, and the industry traceback consortium, and 
to cooperate with such entities in investigating and stopping any 
illegal robocallers that use its service to carry or process calls; and



Sec.  64.6306  Exemption.

    (a) Exemption for IP networks. A voice service provider may seek an 
exemption from the requirements of Sec.  64.6301 by certifying on or 
before December 1, 2020, that, for those portions of its network served 
by technology that allows for the transmission of SIP calls, it:
    (1) Has adopted the STIR/SHAKEN authentication framework for calls 
on the Internet Protocol networks of the voice service provider, by 
completing the network preparations necessary to deploy the STIR/SHAKEN 
protocols on its network including but not limited to participation in 
test beds and lab testing, or completion of commensurate network 
adjustments to enable the authentication and validation of calls on its 
network consistent with the STIR/SHAKEN framework;
    (2) Has agreed voluntarily to participate with other voice service 
providers in the STIR/SHAKEN authentication framework, as demonstrated 
by completing formal registration (including payment) and testing with 
the STI Policy Administrator;
    (3) Has begun to implement the STIR/SHAKEN authentication framework 
by completing the necessary network upgrades to at least one network 
element--e.g., a single switch or session border controller--to enable 
the authentication and verification of caller identification information 
consistent with the STIR/SHAKEN standards; and
    (4) Will be capable of fully implementing the STIR/SHAKEN 
authentication framework not later than June 30, 2021, which it may only 
determine if it reasonably foresees that it will have completed all 
necessary network upgrades to its network infrastructure to enable the 
authentication and verification of caller identification information for 
all SIP calls exchanged with STIR/SHAKEN-enabled partners by June 30, 
2021.
    (b) Exemption for non-IP networks. A voice service provider may seek 
an exemption from the requirement to upgrade its network to allow for 
the initiation, maintenance, and termination of SIP calls and fully 
implement the STIR/SHAKEN framework as required by Sec.  64.6301 
throughout its network by June 30, 2021, and from associated 
recordkeeping and reporting requirements, by certifying on or before 
December 1, 2020, that, for those portions of its network that do not 
allow for the transmission of SIP calls, it:
    (1) Has taken reasonable measures to implement an effective call 
authentication framework by either:
    (i) Upgrading its entire network to allow for the initiation, 
maintenance, and termination of SIP calls, and fully implementing the 
STIR/SHAKEN framework as required in Sec.  64.6301 throughout its 
network; or
    (ii) Maintaining and being ready to provide the Commission on 
request with documented proof that it is participating, either on its 
own or through

[[Page 612]]

a representative, including third party representatives, as a member of 
a working group, industry standards group, or consortium that is working 
to develop a non-internet Protocol caller identification authentication 
solution, or actively testing such a solution; and
    (2) Will be capable of fully implementing an effective call 
authentication framework not later than June 30, 2021, because it 
reasonably foresees that it will have completed all necessary network 
upgrades to its network infrastructure to enable the authentication and 
verification of caller identification information for all non-internet 
Protocol calls originating or terminating on its network as provided by 
a standardized caller identification authentication framework for non-
internet Protocol networks by June 30, 2021.
    (c) Certification submission procedures. All certifications that a 
voice service provider is eligible for exemption shall be:
    (1) Filed in the Commission's Electronic Comment Filing System 
(ECFS) in WC Docket No. 20-68, Exemption from Caller ID Authentication 
Requirements, no later than December 1, 2020;
    (2) Signed by an officer in conformity with 47 CFR 1.16; and
    (3) Accompanied by detailed support as to the assertions in the 
certification.
    (d) Determination timing. The Wireline Competition Bureau shall 
determine whether to grant or deny timely requests for exemption on or 
before December 30, 2020.
    (e) Implementation verification. All voice service providers granted 
an exemption under paragraphs (a) and (b) of this section shall file an 
additional certification consistent with the requirements of paragraph 
(c) of this section on or before October 4, 2021 that attests to whether 
the voice service provider fully implemented the STIR/SHAKEN 
authentication framework because it completed all necessary network 
upgrades to its network infrastructure to enable the authentication and 
verification of caller identification information for all SIP calls 
exchanged with STIR/SHAKEN-enabled partners by June 30, 2021. The 
Wireline Competition Bureau, after issuing a Public Notice seeking 
comment on the certifications, will, not later than four months after 
the deadline for filing of the certifications, issue a Public Notice 
identifying which voice service providers achieved complete 
implementation of the STIR/SHAKEN authentication framework.

[85 FR 73396, Nov. 17, 2020, as amended at 86 FR 58040, Oct. 20, 2021]



Sec.  64.6307  Line item charges.

    Providers of voice service are prohibited from adding any additional 
line item charges to consumer or small business customer subscribers for 
the effective call authentication technology required by Sec. Sec.  
64.6301 and 64.6303.
    (a) For purposes of this section, ``consumer subscribers'' means 
residential mass-market subscribers.
    (b) For purposes of this section, ``small business customer 
subscribers'' means subscribers that are business entities that meet the 
size standards established in 13 CFR part 121, subpart A.

[85 FR 73397, Nov. 17, 2020]



Sec.  64.6308  Review of Governance Authority Decision to Revoke an SPC Token.

    (a) Parties permitted to seek review of Governance Authority 
decision. (1) Any voice service provider or intermediate provider 
aggrieved by a Governance Authority decision to revoke that voice 
service provider's or intermediate provider's SPC token, must seek 
review from the Governance Authority and complete the appeals process 
established by the Governance Authority prior to seeking Commission 
review.
    (2) Any voice service provider or intermediate provider aggrieved by 
an action to revoke its SPC token taken by the Governance Authority, 
after exhausting the appeals process provided by the Governance 
Authority, may then seek review from the Commission, as set forth in 
this section.
    (b) Filing deadlines. (1) A voice service provider or intermediate 
provider requesting Commission review of a Governance Authority decision 
to revoke that voice service provider's or intermediate provider's SPC 
token by the

[[Page 613]]

Commission, shall file such a request electronically in the Electronic 
Comment Filing System (ECFS) in WC Docket No. 21-291, Appeals of the 
STIR/SHAKEN Governance Authority Token Revocation Decisions within sixty 
(60) days from the date the Governance Authority upholds it token 
revocation decision.
    (2) Parties shall adhere to the time periods for filing oppositions 
and replies set forth in Sec.  1.45.
    (c) Filing requirements. (1) A request for review of a Governance 
Authority decision to revoke a voice service provider's or intermediate 
provider's SPC token by the Commission shall be filed in WC Docket No. 
21-291, Appeals of the STIR/SHAKEN Governance Authority Token Revocation 
Decisions, in the Electronic Comment Filing System (ECFS). The request 
for review shall be captioned ``In the matter of Request for Review by 
(name of party seeking review) of Decision of the Governance Authority 
to Revoke an SPC Token.''
    (2) A request for review shall contain:
    (i) A statement setting forth the voice service provider's or 
intermediate provider's asserted basis for appealing the Governance 
Authority's decision to revoke the SPC token;
    (ii) A full statement of relevant, material facts with supporting 
affidavits and documentation, including any background information the 
voice service provider or intermediate provider deems useful to the 
Commission's review; and
    (iii) The question presented for review, with reference, where 
appropriate, to any underlying Commission rule or Governance Authority 
policy.
    (3) A copy of a request for review that is submitted to the 
Commission shall be served on the Governance Authority by the voice 
service provider requesting Commission review via [email protected] or in 
accordance with any alternative delivery mechanism the Governance 
Authority may establish in its operating procedures.
    (d) Review by the Wireline Competition Bureau. (1) Except in 
extraordinary circumstances, final action on a request for review of a 
Governance Authority decision to revoke a voice service provider's or 
intermediate provider's SPC token should be expected no later than 180 
days from the date the request for review is filed in the Electronic 
Comment Filing System (ECFS) pursuant to Sec.  64.6308(b)(1). The 
Wireline Competition Bureau shall have the discretion to pause the 180-
day review period in situations where actions outside the Wireline 
Competition Bureau's control are responsible for delaying review of a 
request for review.
    (2) An affected party may seek review of a decision issued under 
delegated authority by the Wireline Competition Bureau pursuant to the 
rules set forth in Sec.  1.115.
    (e) Standard of review. The Wireline Competition Bureau shall 
conduct de novo review of Governance Authority decisions to revoke a 
voice service provider's or intermediate provider's SPC token.
    (f) Status during pendency of a request for review and a Governance 
Authority decision. (1) A voice service provider or intermediate 
provider shall not be considered to be in violation of the Commission's 
caller ID authentication rules under Sec.  64.6301 after revocation of 
its SPC token by the Governance Authority until the thirty (30) day 
period to file a formal appeal with the Governance Authority Board 
expires, or during the pendency of any formal appeal to the Governance 
Authority Board.
    (2) A voice service provider or intermediate provider shall not be 
considered to be in violation of the Commission's caller ID 
authentication rules under Sec.  64.6301 after the Governance Authority 
Board upholds the Governance Authority's SPC token revocation decision 
until the sixty (60) day period to file a request for review with the 
Commission expires.
    (3) When a voice service provider or intermediate provider has 
sought timely Commission review of a Governance Authority decision to 
revoke a voice service provider's or intermediate provider's SPC token 
under this section, the voice service provider shall not be considered 
to be in violation of the Commission's caller ID authentication rules 
under Sec.  64.6301 until and unless the Wireline Competition Bureau, 
pursuant to paragraph (d)(1) of this section, has upheld or otherwise 
decided

[[Page 614]]

not to overturn the Governance Authority's decision.
    (4) In accordance with Sec. Sec.  1.102(b) and 1.106(n), the 
effective date of any action pursuant to paragraph (d) shall not be 
stayed absent order by the Wireline Competition Bureau or the 
Commission.

[86 FR 48520, Aug. 31, 2021]



 Sec.  Appendix A to Part 64--Telecommunications Service Priority (TSP) 
       System for National Security Emergency Preparedness (NSEP)

                        1. Purpose and Authority

    a. This appendix establishes rules, policies, and procedures and 
outlines responsibilities for the National Security Emergency 
Preparedness (NSEP) Telecommunications Service Priority (TSP) System. 
The NSEP TSP System authorizes priority treatment to certain 
telecommunications services and internet Protocol-based services, 
including voice, data, and video services, for which provisioning or 
restoration priority levels are requested, assigned, and approved in 
accordance with this appendix.
    b. This appendix is issued pursuant to sections 1, 4(i), 4(j), 4(n), 
201-205, 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 308(a), 
309(a), 309(j), 316, 332, 403, 615a-1, 615c, and 706 of the 
Communications Act of 1934, as amended, codified at 47 U.S.C. 151, 
154(i)-(j), (n), 201-205, 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 
307, 308(a), 309(a), 309(j), 316, 332, 403, 615a-1, 615c, 606; and 
Executive Order 13618. These authorities grant to the Federal 
Communications Commission (FCC) the authority over the assignment and 
approval of priorities for provisioning and restoration of 
telecommunications services and internet Protocol-based services (NSEP 
services). Under section 706 of the Communications Act, this authority 
may be superseded, and the mandatory provisions of this section may be 
expanded to include non-common carrier telecommunications services, by 
the war emergency powers of the President of the United States.
    c. This appendix establishes rules for provisioning and restoration 
of NSEP services both before and after invocation of the President's war 
emergency powers. The rules, regulations, and procedures outlined in 
this appendix must be applied on a day-to-day basis to all NSEP services 
that are eligible for TSP so that the priorities they establish can be 
implemented when the need arises.

                             2. Definitions

    As used in this appendix:
    a. Assignment means the designation of priority level(s) for a 
defined NSEP telecommunications service or internet Protocol-based 
service for a specified time period.
    b. Audit means a quality assurance review in response to identified 
problems.
    c. Government refers to the Federal government or any foreign, 
state, county, municipal or other local government agency or 
organization. Specific qualifications will be supplied whenever 
reference to a particular level of government is intended (e.g., 
``Federal government,'' ``state government''). ``Foreign government'' 
means any sovereign empire, kingdom, state, or independent political 
community, including foreign diplomatic and consular establishments and 
coalitions or associations of governments (e.g., North Atlantic Treaty 
Organization (NATO), Southeast Asian Treaty Organization (SEATO), 
Organization of American States (OAS), and government agencies or 
organization (e.g., Pan American Union, International Postal Union, and 
International Monetary Fund)).
    d. Internet Protocol-based services refers to services and 
applications that feature digital communications capabilities and which 
generally use the internet Protocol.
    e. Invocation Official refers to an individual who (1) understands 
how the requested service ties to the organization's NSEP mission; (2) 
is authorized to approve the expenditure of funds necessary for the 
requested service; and (3) has operational responsibilities for 
telecommunications procurement and/or management within the 
organization.
    f. National Coordinating Center for Communications (NCC) refers to 
the joint telecommunications industry-Federal government operation that 
assists in the initiation, coordination, restoration, and reconstitution 
of NSEP telecommunications services or facilities.
    g. National Security Emergency Preparedness (NSEP) services, or 
``NSEP services,'' means telecommunications services or internet 
Protocol-based services which are used to maintain a state of readiness 
or to respond to and manage any event or crisis (local, national, or 
international), which causes or could cause injury or harm to the 
population, damage to or loss of property, or degrades or threatens the 
NSEP posture of the United States. These services fall into two specific 
categories, Emergency NSEP and Essential NSEP, and are assigned priority 
levels pursuant to section 8 of this appendix.
    h. NSEP treatment refers to the provisioning of a specific NSEP 
service before others based on the provisioning priority level assigned 
by DHS.
    i. Priority action means assignment, revision, revocation, or 
revalidation by DHS of a priority level associated with an NSEP service.

[[Page 615]]

    j. Priority level means the level that may be assigned to an NSEP 
service specifying the order in which provisioning or restoration of the 
service is to occur relative to other NSEP and/or non-NSEP 
telecommunications services. Priority levels authorized by this appendix 
are designated highest to lowest: E, 1, 2, 3, 4, and 5, for provisioning 
and 1, 2, 3, 4, and 5, for restoration.
    k. Priority level assignment means the priority level(s) designated 
for the provisioning and/or restoration of a specific NSEP service under 
section 8 of this appendix.
    l. Private NSEP services include non-common carrier 
telecommunications services.
    m. Promptly means without delay.
    n. Provisioning means the act of supplying service to a user, 
including all associated transmission, wiring, and equipment. As used 
herein, ``provisioning'' and ``initiation'' are synonymous and include 
altering the state of an existing priority service or capability.
    o. Public switched NSEP services include those NSEP services using 
public switched networks.
    p. Reconciliation means the comparison of NSEP service information 
and the resolution of identified discrepancies.
    q. Restoration means the repair or returning to service of one or 
more services that have experienced a service outage or are unusable for 
any reason, including a damaged or impaired facility. Such repair or 
returning to service may be done by patching, rerouting, substitution of 
component parts or pathways, and other means, as determined necessary by 
a service provider.
    r. Revalidation means the re-justification by a service user of a 
priority level assignment. This may result in extension by DHS of the 
expiration date associated with the priority level assignment.
    s. Revision means the change of priority level assignment for an 
NSEP service. This includes any extension of an existing priority level 
assignment to an expanded NSEP service.
    t. Revocation means the elimination of a priority level assignment 
when it is no longer valid. All priority level assignments for an NSEP 
service are revoked upon service termination.
    u. Service identification refers to the information uniquely 
identifying an NSEP service to the service provider and/or service user.
    v. Service user refers to any individual or organization (including 
a service provider) supported by an NSEP service for which a priority 
level has been requested or assigned pursuant to section 7 or 8 of this 
appendix.
    w. Service provider refers to a provider of telecommunications 
services or internet Protocol-based services. The term includes resale 
carriers, prime contractors, subcontractors, and interconnecting 
carriers.
    x. Spare circuits or services refers to those not being used or 
contracted for by any customer.
    y. Sponsoring Federal organization refers to a Federal agency that 
determines eligibility for participation in the TSP Program for non-
Federal (state, local, tribal, and foreign governments and private 
sector) organizations. A sponsor can be any Federal agency with which a 
non-Federal user may be affiliated. The sponsoring Federal agency 
ensures the service supports an NSEP function and merits TSP 
participation.
    z. Telecommunications services means 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.

                                3. Scope

    a. Service providers.
    (1) This appendix applies to the provision and restoration of 
certain telecommunications services or internet Protocol-based services 
for which priority levels are requested, assigned, and approved pursuant 
to section 8 of this appendix.
    (2) Common carriers and providers of any services that are 
interconnected to common carrier services must offer prioritized 
provisioning and restoration of circuit-switched voice communication 
services. Any service provider may, on a voluntary basis, offer 
prioritized provisioning and restoration of data, video, and IP-based 
voice services.
    b. Eligible services. The NSEP TSP System and procedures established 
by this appendix authorize priority treatment to the following domestic 
services (including portions of U.S. international services offered by 
U.S. service providers) for which provisioning or restoration priority 
levels are requested, assigned, and approved in accordance with this 
appendix:
    (1) Common carrier services which are:
    (a) Interstate or foreign telecommunications services,
    (b) Intrastate telecommunications services inseparable from 
interstate or foreign telecommunications services, and intrastate 
telecommunications services to which priority levels are assigned 
pursuant to section 8 of this appendix.
    (2) Services which are provided by government and/or non-common 
carriers and are interconnected to common carrier services assigned a 
priority level pursuant to section 8 of this appendix.
    c. Control services and orderwires. The NSEP TSP System and 
procedures established by this appendix are not applicable to authorize 
priority treatment to control services or orderwires owned by a service 
provider and needed for provisioning, restoration, or maintenance of 
other services owned by that service provider, e.g., the signaling

[[Page 616]]

path(s) or control plane services used by a service provider's technical 
staff to control, coordinate, and direct network operations. Such 
control services and orderwires shall have priority provisioning and 
restoration over all other services (including NSEP services) and shall 
be exempt from preemption. However, the NSEP TSP System and procedures 
established by this appendix are applicable to control services or 
orderwires leased by a service provider.
    d. Other services. The NSEP TSP System may apply, at the discretion 
of and upon special arrangements by service users involved, to authorize 
priority treatment to the following services:
    (1) Government or non-common carrier services which are not 
connected to common carrier provided services assigned a priority level 
pursuant to section 8 of this appendix.
    (2) Portions of U.S. international services which are provided by 
foreign correspondents. (U.S. service providers are encouraged to ensure 
that relevant operating arrangements are consistent to the maximum 
extent practicable with the NSEP TSP System. If such arrangements do not 
exist, U.S. service providers should handle service provisioning and/or 
restoration in accordance with any system acceptable to their foreign 
correspondents which comes closest to meeting the procedures established 
in this appendix.)

                                4. Policy

    The NSEP TSP System is the regulatory, administrative, and 
operational system authorizing and providing for priority treatment, 
i.e., provisioning and restoration, of NSEP services. As such, it 
establishes the framework for service providers to provision, restore, 
or otherwise act on a priority basis to ensure effective NSEP services. 
The NSEP TSP System allows the assignment of priority levels to any NSEP 
service across three time periods, or stress conditions: Peacetime/
Crisis/Mobilizations, Attack/War, and Post-Attack/Recovery. Although 
priority levels normally will be assigned by DHS and retained by service 
providers only for the current time period, they may be preassigned for 
the other two time periods at the request of service users who are able 
to identify and justify in advance, their wartime or post-attack NSEP 
requirements. Absent such preassigned priority levels for the Attack/War 
and Post-Attack/Recovery periods, priority level assignments for the 
Peacetime/Crisis/Mobilization period will remain in effect. At all 
times, priority level assignments will be subject to revision by the FCC 
or (on an interim basis) DHS, based upon changing NSEP needs. No other 
system of service priorities which conflicts with the NSEP TSP System is 
authorized by this appendix.

                           5. Responsibilities

    a. The FCC:
    (1) Provides regulatory oversight of the NSEP TSP System.
    (2) Enforces NSEP TSP System rules and regulations which are 
contained in this appendix.
    (3) Performs such functions as are required by law, including:
    (a) with respect to all entities licensed or regulated by the FCC: 
the extension of or change in network facilities; the discontinuance, 
reduction, or impairment of interstate services; the control of common 
carrier rates, charges, practices, and classifications; the 
construction, authorization, activation, deactivation, or closing of 
radio stations, services, and facilities; the assignment of radio 
frequencies to licensees; the investigation of violations of FCC rules; 
and the assessment of communications service provider emergency needs 
and resources; and
    (b) supports the continuous operation and restoration of critical 
communications systems and services by assisting the Secretary of 
Homeland Security with infrastructure damage assessment and restoration, 
and by providing the Secretary of Homeland Security with information 
collected by the FCC on communications infrastructure, service outages, 
and restoration, as appropriate.
    (4) Functions (on a discretionary basis) as a sponsoring Federal 
organization. (See section 5.b below.)
    b. Sponsoring Federal organizations:
    (1) Review and decide whether to sponsor foreign, state, and local 
government and private industry (including service providers) requests 
for priority actions. Federal organizations forward sponsored requests 
with recommendations for disposition to DHS. Such recommendations are 
based on the categories and criteria in section 10 of this appendix.
    (2) Forward notification of priority actions or denials of requests 
for priority actions from DHS to the requesting foreign, state, and 
local government and private industry entities.
    (3) Cooperate with DHS during reconciliation, revalidation, and 
audits.
    c. Service users:
    (1) Identify services requiring priority level assignments and 
request and justify priority level assignments in accordance with this 
appendix.
    (2) Request and justify revalidation of all priority level 
assignments at least every three years.
    (3) For services assigned priority levels, ensure (through 
contractual means or otherwise) availability of customer premises 
equipment and wiring necessary for end-to-end service operation by the 
service due date, and continued operation; and, for such services in the 
Emergency NSEP category,

[[Page 617]]

by the time that providers are prepared to provide the services. 
Additionally, designate the organization responsible for the service on 
an end-to-end basis.
    (4) Prepare to accept services assigned priority levels by the 
service due dates or, for services in the Emergency NSEP category, when 
they are available.
    (5) Pay providers any authorized costs associated with services that 
are assigned priority levels.
    (6) Report to providers any failed or unusable services that are 
assigned priority levels.
    (7) Designate a 24-hour point-of-contact for matters concerning each 
request for priority action and apprise DHS thereof.
    (8) Upon termination of services that are assigned priority levels, 
or circumstances warranting revisions in priority level assignment 
(e.g., expansion of service), request and justify revocation or 
revision.
    (9) When NSEP treatment is invoked under section 8(c) of this 
appendix, within 90 days following provisioning of the service involved, 
forward to the Priority Services Program Office complete information 
identifying the time and event associated with the invocation and 
regarding whether the NSEP service requirement was adequately handled 
and whether any additional charges were incurred.
    (10) Cooperate with DHS during reconciliation, revalidation, and 
audits.
    (11) Comply with DHS policies and procedures that are consistent 
with this appendix.
    d. Non-federal service users, in addition to responsibilities 
described above in section 5.c, obtain a sponsoring Federal organization 
for all requests for priority actions. If unable to find a sponsoring 
Federal organization, a non-federal service user may submit its request, 
which must include documentation of attempts made to obtain a sponsor 
and reasons given by the sponsor for its refusal, directly to DHS.
    e. Service providers:
    (1) When NSEP treatment is invoked by service users, provision NSEP 
services before non-NSEP services, based on priority level assignments 
made by DHS. Service providers must:
    (a) Promptly provide NSEP services. When limited resources constrain 
response capability, providers will address conflicts for resources by:
    (i) Providing NSEP services in order of provisioning priority level 
assignment, from highest (``E'') to lowest (``5'');
    (ii) Providing Emergency NSEP services (i.e., those assigned 
provisioning priority level ``E'') in order of receipt of the service 
requests;
    (iii) Providing Essential NSEP services that have the same 
provisioning priority level in order of service due dates; and
    (iv) Referring any conflicts which cannot be resolved (to the mutual 
satisfaction of service providers and users) to DHS for resolution.
    (b) Comply with NSEP service requests by:
    (i) Promptly providing Emergency NSEP services, dispatching outside 
normal business hours when necessary;
    (ii) Promptly meeting requested service dates for Essential NSEP 
services, negotiating a mutually (authorized user and provider) 
acceptable service due date when the requested service due date cannot 
be met; and
    (2) Restore NSEP services which suffer outage or are reported as 
unusable or otherwise in need of restoration, before non-NSEP services, 
based on restoration priority level assignments. (Note: For broadband or 
multiple service facilities, restoration is permitted even though it 
might result in restoration of services assigned to lower priority 
levels along with, or sometimes ahead of, some higher priority level 
services.) Restoration will require service providers to restore NSEP 
services in order of restoration priority level assignment'') by:
    (a) Promptly restoring NSEP services by dispatching outside normal 
business hours to restore services assigned Priority Level 1, 2, or 3, 
when necessary, and services assigned Priority Level 4 or 5 when the 
next business day is more than 24 hours away;
    (b) Restoring NSEP services assigned the same restoration priority 
level based upon which service can be first restored. (However, 
restoration actions in progress should not normally be interrupted to 
restore another NSEP service assigned the same restoration priority 
level);
    (c) Patching and/or rerouting NSEP services assigned restoration 
priority levels when use of patching and/or rerouting will hasten 
restoration; and
    (d) Referring any conflicts which cannot be resolved (to the mutual 
satisfaction of service providers and users) to DHS for resolution.
    (3) Respond to provisioning requests of authorized users and/or 
other service providers, and to restoration priority level assignments 
when an NSEP service suffers an outage or is reported as unusable, by:
    (a) Ensuring that provider personnel understand their 
responsibilities to handle NSEP provisioning requests and to restore 
NSEP service;
    (b) Providing a 24-hour point-of-contact for receiving provisioning 
requests for Emergency NSEP services and reports of NSEP service outages 
or unusability; and
    (c) Seeking verification from an authorized entity if legitimacy of 
a priority level assignment or provisioning request for an NSEP service 
is in doubt. However, processing of Emergency NSEP service requests will 
not be delayed for verification purposes.

[[Page 618]]

    (4) Cooperate with other service providers involved in provisioning 
or restoring a portion of an NSEP service by honoring provisioning or 
restoration priority level assignments, or requests for assistance to 
provision or restore NSEP services.
    (5) All service providers, including resale carriers, are required 
to ensure that service providers supplying underlying facilities are 
provided information necessary to implement priority treatment of 
facilities that support NSEP services.
    (6) Preempt, when necessary, existing services to provide an NSEP 
service as authorized in section 6 of this appendix.
    (7) Assist in ensuring that priority level assignments of NSEP 
services are accurately identified ``end-to-end'' by:
    (a) Seeking verification from an authorized Federal government 
entity if the legitimacy of the restoration priority level assignment is 
in doubt;
    (b) Providing to subcontractors and/or interconnecting carriers the 
restoration priority level assigned to a service;
    (c) Supplying, to DHS, when acting as a prime contractor to a 
service user, confirmation information regarding NSEP service completion 
for that portion of the service they have contracted to supply;
    (d) Supplying, to DHS, NSEP service information for the purpose of 
reconciliation;
    (e) Cooperating with DHS during reconciliation; and
    (f) Periodically initiating reconciliation with their subcontractors 
and arranging for subsequent subcontractors to cooperate in the 
reconciliation process.
    (8) Receive compensation for costs authorized through tariffs or 
contracts by:
    (a) Provisions contained in properly filed state or Federal tariffs; 
or
    (b) Provisions of properly negotiated contracts where the carrier is 
not required to file tariffs.
    (9) Provision or restore only the portions of services for which 
they have agreed to be responsible (i.e., have contracted to supply), 
unless the President's war emergency powers under section 706 of the 
Communications Act are in effect.
    (10) Cooperate with DHS during audits.
    (11) Comply with DHS policies or procedures that are consistent with 
this appendix.
    (12) Ensure that at all times a reasonable number of public switched 
network services are made available for public use.
    (13) Do not disclose information concerning NSEP services they 
provide to those not having a need-to-know or that might use the 
information for competitive advantage.
    (14) Take all reasonable efforts to secure the confidentiality of 
TSP information from unauthorized disclosure, including by storing such 
information in a location and with security safeguards that are 
reasonably designed to protect against lawful or unlawful disclosure to 
company employees or service providers without a legitimate need for 
this information, or other entities to which the disclosure of this 
information would pose a threat to the national security of the United 
States. Service providers will immediately notify the FCC and DHS of any 
attempt to compel the disclosure of this information and will coordinate 
with the FCC and DHS prior to such disclosure. In emergency situations 
where prior notice is impracticable, service providers will notify the 
FCC and DHS as soon as possible, but no later than 48 hours after such 
disclosure, and should accompany such notice with an explanation why 
prior notice was not practicable.
    (15) Comply with all relevant Commission rules regarding TSP.

                   6. Preemption of Existing Services

    When necessary to provision or restore NSEP services, service 
providers may preempt services they provide as specified below. 
``Service user'' as used in this section means any user of a 
telecommunications service or internet Protocol-based service, including 
both NSEP and non-NSEP services. Prior consent by a preempted user is 
not required.
    a. Existing services may be preempted to provision NSEP services 
assigned Priority Level E or restore NSEP services assigned Priority 
Level 1 through 5 according to the following sequence:
    (1) Non-NSEP services: If suitable spare services are not available, 
non-NSEP services will be preempted. After ensuring a sufficient number 
of public switched services are available for public use, based on the 
service provider's best judgment, such services may be used to satisfy a 
requirement for provisioning or restoring NSEP services.
    (2) NSEP services: If no suitable spare services or non-NSEP 
services are available, existing NSEP services may be preempted to 
provision or restore NSEP services with higher priority level 
assignments. When this is necessary, NSEP services will be selected for 
preemption in the inverse order of priority level assignment.
    (3) Service providers who are preempting services will ensure their 
best effort to notify the service user of the preempted service and 
state the reason for and estimated duration of the preemption.
    b. Service providers may, based on their best judgment, determine 
the sequence in which existing services may be preempted to provision 
NSEP services assigned Priority Level 1 through 5. Preemption is not 
subject to the consent of the user whose service will be preempted.

                  7. Requests for Priority Assignments

    All service users are required to submit requests for priority 
assignments to DHS in

[[Page 619]]

the format and following the procedures that DHS prescribes.

     8. Assignment, Approval, Use, and Invocation of Priority Levels

    a. Assignment and approval of priority levels. Priority level 
assignments will be based upon the categories and criteria specified in 
section 10 of this appendix. After invocation of the President's war 
emergency powers, these requirements may be superseded by other 
procedures issued by DHS.
    b. Use of priority level assignments.
    (1) All provisioning and restoration priority level assignments for 
services in the Emergency NSEP category will be included in initial 
service orders to providers. Provisioning priority level assignments for 
Essential NSEP services, however, will not usually be included in 
initial service orders to providers. NSEP treatment for Essential NSEP 
services will be invoked and provisioning priority level assignments 
will be conveyed to service providers only if the providers cannot meet 
needed service dates through the normal provisioning process.
    (2) Any revision or revocation of either provisioning or restoration 
priority level assignments will also be transmitted to providers.
    (3) Service providers shall accept priority levels and/or revisions 
only after assignment by DHS.
    Note: Service providers acting as prime contractors will accept 
assigned NSEP priority levels only when they are accompanied by the DHS 
designated service identification (i.e., TSP Authorization Code). 
However, service providers are authorized to accept priority levels and/
or revisions from users and contracting activities before assignment by 
DHS when service providers, users, and contracting activities are unable 
to communicate with either the FCC or DHS. Processing of Emergency NSEP 
service requests will not be delayed for verification purposes.
    c. Invocation of NSEP treatment. To invoke NSEP treatment for the 
priority provisioning of an NSEP service, an authorized federal employee 
within, or acting on behalf of, the service user's organization must 
make a declaration to concerned service provider(s) and DHS that NSEP 
treatment is being invoked. An authorized invocation official is one who 
(1) understands how the requested service ties to the organization's 
NSEP mission; (2) is authorized to approve the expenditure of funds 
necessary for the requested service; and (3) has operational 
responsibilities for telecommunications procurement and/or management 
within the organization.

                                9. Appeal

    Service users or sponsoring Federal organizations may appeal any 
priority level assignment, denial, revision, revocation, approval, or 
disapproval to DHS within 30 days of notification to the service user. 
The appellant must use the form or format required by DHS and must serve 
the FCC with a copy of its appeal. Service users and sponsoring Federal 
organizations may only appeal directly to the FCC after DHS action on 
the appeal. Such FCC appeal must be filed within 30 days of notification 
of DHS's decision on appeal. Additionally, DHS may appeal any FCC 
revisions, approvals, or disapprovals to the FCC. All appeals to the FCC 
must be submitted using the form or format required. The party filing 
its appeal with the FCC must include factual details supporting its 
claim and must serve a copy on DHS and any other party directly 
involved. Such party may file a response within 20 days, and replies may 
be filed within 10 days thereafter. The Commission will not issue public 
notices of such submissions. The Commission will provide notice of its 
decision to the parties of record. Any appeals to DHS that include a 
claim of new information that has not been presented before for 
consideration may be submitted at any time.

              10. Categories, Criteria, and Priority Levels

    a. General. NSEP TSP System categories and criteria, and permissible 
priority level assignments, are defined and explained below.
    (1) The Essential NSEP category has four subcategories: National 
Security Leadership; National Security Posture and U.S. Population 
Attack Warning; Public Health, Safety, and Maintenance of Law and Order; 
and Public Welfare and Maintenance of National Economic Posture. Each 
subcategory has its own criteria. Criteria are also shown for the 
Emergency NSEP category, which has no sub-categories.
    (2) Priority Levels 1, 2, 3, 4, and 5 may be assigned for 
provisioning and/or restoration of Essential NSEP services. However, for 
Emergency NSEP services, Priority Level E is assigned for provisioning, 
and Priority Levels 1, 2, 3, 4, and 5 may be assigned for restoration of 
Emergency NSEP services.
    (3) The NSEP TSP System allows the assignment of priority levels to 
any NSEP service across three time periods, or stress conditions: 
Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/Recovery. It 
is expected that priority levels may be revised within the three time 
periods by surviving authorized resource managers within DHS based upon 
specific facts and circumstances.
    (4) Service users may, for their own internal use, assign sub-
priorities to their services assigned priority levels. Receipt of and 
response to any such sub-priorities is optional for service providers.

[[Page 620]]

    (5) The following paragraphs provide a detailed explanation of the 
categories, subcategories, criteria, and priority level assignments, 
beginning with the Emergency NSEP category.
    b. Emergency NSEP. Services in the Emergency NSEP category are those 
new services so critical as to be required to be provisioned at the 
earliest possible time, without regard to the costs of obtaining them.
    (1) Criteria. To qualify under the Emergency NSEP category, the 
service must meet criteria directly supporting or resulting from at 
least one of the following NSEP functions:
    (a) Federal government activity responding to a Presidentially 
declared disaster or emergency as defined in the Disaster Relief Act (42 
U.S.C. 5122).
    (b) State or local government activity responding to a 
Presidentially declared disaster or emergency.
    (c) Response to a state of crisis declared by the National Command 
Authorities (e.g., exercise of Presidential war emergency powers under 
section 706 of the Communications Act.)
    (d) Efforts to protect endangered U.S. personnel or property.
    (e) Response to an enemy or terrorist action, civil disturbance, 
natural disaster, or any other unpredictable occurrence that has damaged 
facilities whose uninterrupted operation is critical to NSEP or the 
management of other ongoing crises.
    (f) Certification by the head or director of a Federal agency, 
commander of a unified/specified command, chief of a military service, 
or commander of a major military command, that the service is so 
critical to protection of life and property or to NSEP that it must be 
provided immediately.
    (g) A request from an official authorized pursuant to the Foreign 
Intelligence Surveillance Act (50 U.S.C. 1801 et seq. and 18 U.S.C. 
2511, 2518, 2519).
    (2) Priority Level Assignment.
    (a) Services qualifying under the Emergency NSEP category are 
assigned Priority Level E for provisioning.
    (b) After 30 days, assignments of Priority Level E for Emergency 
NSEP services are automatically revoked unless extended for another 30-
day period. A notice of any such revocation will be sent to service 
providers.
    (c) For restoration, Emergency NSEP services may be assigned 
priority levels under the provisions applicable to Essential NSEP 
services (see section 10(c)). Emergency NSEP services not otherwise 
qualifying for restoration priority level assignment as Essential NSEP 
may be assigned Priority Level 5 for a 30-day period. Such 30-day 
restoration priority level assignment will be revoked automatically 
unless extended for another 30-day period. A notice of any such 
revocation will be sent to service providers.
    c. Essential NSEP. Services in the Essential NSEP category are those 
required to be provisioned by due dates specified by service users, or 
restored promptly, normally without regard to associated overtime or 
expediting costs. They may be assigned Priority Level 1, 2, 3, 4, or 5 
for both provisioning and restoration, depending upon the nature and 
urgency of the supported function, the impact of lack of service or of 
service interruption upon the supported function, and, for priority 
access to public switched services, the user's level of responsibility. 
Priority level assignments will be valid for no more than three years 
unless revalidated. To be categorized as Essential NSEP, a service must 
qualify under one of the four following subcategories: National Security 
Leadership; National Security Posture and U.S. Population Attack 
Warning; Public Health, Safety and Maintenance of Law and Order; or 
Public Welfare and Maintenance of National Economic Posture. (Note: 
Under emergency circumstances, Essential NSEP services may be 
recategorized as Emergency NSEP and assigned Priority Level E for 
provisioning.)
    (1) National security leadership. This subcategory is strictly 
limited to only those NSEP services essential to national survival if 
nuclear attack threatens or occurs, and critical orderwire and control 
services necessary to ensure the rapid and efficient provisioning or 
restoration of other NSEP services. Services in this subcategory are 
those for which a service interruption of even a few minutes would have 
serious adverse impact upon the supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must be 
at least one of the following:
    (i) Critical orderwire, or control services, supporting other NSEP 
functions.
    (ii) Presidential communications service critical to continuity of 
government and national leadership during crisis situations.
    (iii) National command authority communications service for military 
command and control critical to national survival.
    (iv) Intelligence communications service critical to warning of 
potentially catastrophic attack.
    (v) Communications service supporting the conduct of diplomatic 
negotiations critical to arresting or limiting hostilities.
    (b) Priority level assignment. Services under this subcategory will 
normally be assigned Priority Level 1 for provisioning and restoration 
during the Peace/Crisis/Mobilization time period.
    (2) National security posture and U.S. population attack warning. 
This subcategory covers additional NSEP services that are essential to 
maintaining an optimum defense, diplomatic, or continuity-of-government 
postures before, during, and after crises situations. Such situations 
are those ranging from national emergencies to international

[[Page 621]]

crises, including nuclear attack. Services in this subcategory are those 
for which a service interruption ranging from a few minutes to one day 
would have serious adverse impact upon the supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Threat assessment and attack warning.
    (ii) Conduct of diplomacy.
    (iii) Collection, processing, and dissemination of intelligence.
    (iv) Command and control of military forces.
    (v) Military mobilization.
    (vi) Continuity of Federal government before, during, and after 
crises situations.
    (vii) Continuity of state and local government functions supporting 
the Federal government during and after national emergencies.
    (viii) Recovery of critical national functions after crises 
situations.
    (ix) National space operations.
    (b) Priority level assignment. Services under this subcategory will 
normally be assigned Priority Level 2, 3, 4, or 5 for provisioning and 
restoration during Peacetime/Crisis/Mobilization.
    (3) Public health, safety, and maintenance of law and order. This 
subcategory covers NSEP services necessary for giving civil alert to the 
U.S. population and maintaining law and order and the health and safety 
of the U.S. population in times of any national, regional, or serious 
local emergency. These services are those for which a service 
interruption ranging from a few minutes to one day would have serious 
adverse impact upon the supported NSEP functions.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Population warning (other than attack warning).
    (ii) Law enforcement.
    (iii) Continuity of critical state and local government functions 
(other than support of the Federal government during and after national 
emergencies).
    (vi) Hospitals and distributions of medical supplies.
    (v) Critical logistic functions and public utility services.
    (vi) Civil air traffic control.
    (vii) Military assistance to civil authorities.
    (viii) Defense and protection of critical industrial facilities.
    (ix) Critical weather services.
    (x) Transportation to accomplish the foregoing NSEP functions.
    (b) Priority level assignment. Service under this subcategory will 
normally be assigned Priority Levels 3, 4, or 5 for provisioning and 
restoration during Peacetime/Crisis/Mobilization.
    (4) Public welfare and maintenance of national economic posture. 
This subcategory covers NSEP services necessary for maintaining the 
public welfare and national economic posture during any national or 
regional emergency. These services are those for which a service 
interruption ranging from a few minutes to one day would have serious 
adverse impact upon the supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Distribution of food and other essential supplies.
    (ii) Maintenance of national monetary, credit, and financial 
systems.
    (iii) Maintenance of price, wage, rent, and salary stabilization, 
and consumer rationing programs.
    (iv) Control of production and distribution of strategic materials 
and energy supplies.
    (v) Prevention and control of environmental hazards or damage.
    (vi) Transportation to accomplish the foregoing NSEP functions.
    (b) Priority level assignment. Services under this subcategory will 
normally be assigned Priority Levels 4 or 5 for provisioning and 
restoration during Peacetime/Crisis/Mobilization.

[87 FR 39784, July 5, 2022]



Sec. Appendix B to Part 64--Wireless Priority Service (WPS) for National 
               Security and Emergency Preparedness (NSEP)

                        1. Purpose and Authority

    a. This appendix establishes rules, policies, and procedures and 
outlines responsibilities for the Wireless Priority Service (WPS), 
previously called Priority Access Service (PAS), to support the needs of 
National Security Emergency Preparedness (NSEP) personnel. WPS 
authorizes priority treatment to certain domestic telecommunications 
services and internet Protocol-based services (NSEP services) for which 
priority levels are requested, assigned, and approved in accordance with 
this appendix.
    b. This appendix is issued pursuant to sections 1, 4(i), 4(j), 4(n), 
201-205, 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 307, 308(a), 
309(a), 309(j), 316, 332, 403, 615a-1, 615c, and 706 of the 
Communications Act of 1934, as amended, codified at 47 U.S.C. 151, 
154(i)-(j), (n), 201-205, 251(e)(3), 254, 301, 303(b), 303(g), 303(r), 
307, 308(a), 309(a), 309(j), 316, 332, 403, 615a-1, 615c, 606; and 
Executive Order 13618. Under section 706 of the Communications Act, this 
authority may be superseded by the war emergency powers of the President 
of the United States.

[[Page 622]]

                             2. Definitions

    As used in this appendix:
    a. Authorizing agent refers to a Federal or State entity that 
authenticates, evaluates, and makes recommendations to DHS regarding the 
assignment of priority levels.
    b. Service provider (or wireless service provider) refers to a 
provider of a wireless communications service or internet Protocol-based 
service, including commercial or private mobile service. The term 
includes agents of the licensed provider and resellers of wireless 
service.
    c. Service user means an individual or organization to whom or which 
a priority access assignment has been made.
    d. The following terms have the same meaning as in Appendix A to 
part 64, as amended:
    (1) Assignment;
    (2) Government;
    (3) internet Protocol-based services;
    (4) National Coordinating Center for Communications (NCC);
    (5) National Security Emergency Preparedness (NSEP) services 
(excluding the last sentence);
    (6) Reconciliation;
    (7) Revalidation;
    (8) Revision;
    (9) Revocation.

                                3. Scope

    a. Applicability. This appendix applies to the provision of WPS by 
wireless service providers to users who qualify under the provisions of 
section 6 of this appendix.
    b. Eligible services. Wireless service providers may, on a voluntary 
basis, give eligible users priority access to, and priority use of, all 
secure and non-secure voice, data, and video services available over 
their networks. Providers that elect to offer these services must comply 
with all provisions of this appendix.

                                4. Policy

    WPS provides the means for NSEP users to obtain priority wireless 
access to available radio channels when necessary to initiate emergency 
communications. It does not preempt public safety emergency (911) calls, 
but it may preempt or degrade other in-progress voice calls. NSEP users 
are authorized to use priority signaling to ensure networks can detect 
WPS handset network registration and service invocation. WPS is used 
during situations when network congestion is blocking NSEP call 
attempts. It is available to authorized NSEP users at all times in 
markets where the service provider has voluntarily elected to provide 
such service. Priority Levels 1 through 5 are reserved for qualified and 
authorized NSEP users, and those users are provided access to radio 
channels before any other users.

                           5. Responsibilities

    a. The FCC:
    (1) Provides regulatory oversight of WPS.
    (2) Enforces WPS rules and regulations, which are contained in this 
appendix.
    (3) Acts as final authority for approval, revision, or disapproval 
of priority assignments by DHS and adjudicates disputes regarding 
priority assignments and denials of such requests by DHS, until 
superseded by the President's war emergency powers under Section 706 of 
the Communications Act.
    (4) Performs such functions as are required by law, including:
    (a) with respect to all entities licensed or regulated by the FCC: 
the extension of or change in network facilities; the discontinuance, 
reduction, or impairment of interstate services; the control of common 
carrier rates, charges, practices, and classifications; the 
construction, authorization, activation, deactivation, or closing of 
radio stations, services, and facilities; the assignment of radio 
frequencies to licensees; the investigation of violations of FCC rules; 
and the assessment of communications service provider emergency needs 
and resources; and
    (b) supports the continuous operation and restoration of critical 
communications systems and services by assisting the Secretary of 
Homeland Security with infrastructure damage assessment and restoration, 
and by providing the Secretary of Homeland Security with information 
collected by the FCC on communications infrastructure, service outages, 
and restoration, as appropriate.
    b. Authorizing agents:
    (1) Identify themselves as authorizing agents and their respective 
communities of interest to DHS. State authorizing agents provide a 
central point of contact to receive priority requests from users within 
their state. Federal authorizing agents provide a central point of 
contact to receive priority requests from Federal users or Federally 
sponsored entities.
    (2) Authenticate, evaluate, and make recommendations to DHS to 
approve priority level assignment requests using the priorities and 
criteria specified in section 6 of this appendix. When appropriate, 
authorizing agents recommend approval or denial of requests for WPS.
    (3) Ensure that documentation is complete and accurate before 
forwarding it to DHS.
    (4) Serve as a conduit for forwarding WPS information from DHS to 
service users and vice versa. Such information includes WPS requests and 
assignments, reconciliation and revalidation notifications, and other 
relevant information.
    (5) Participate in reconciliation and revalidation of WPS 
information at the request of DHS.
    (6) Disclose content of the WPS database only to those having a 
need-to-know.

[[Page 623]]

    c. Service users:
    (1) Determine the need for and request WPS assignments in accordance 
with the processes and procedures established by DHS.
    (2) Initiate WPS requests through the appropriate authorizing agent. 
DHS approves or denies WPS requests and may direct service providers to 
remove WPS if appropriate. (Note: state and local government and private 
users apply for WPS through their designated state government 
authorizing agent. Federal users apply for WPS through their employing 
agency. State and local users in states where there has been no 
designation are sponsored by the Federal agency concerned with the 
emergency function as set forth in Executive Order 12656. If no 
authorizing agent is determined using these criteria, DHS serves as the 
authorizing agent.)
    (3) Submit all correspondence regarding WPS to the authorizing 
agent.
    (4) Participate in reconciliation and revalidation of WPS 
information at the request of the authorizing agent or DHS.
    (5) Request discontinuance of WPS when the NSEP qualifying criteria 
used to obtain WPS is no longer applicable.
    (6) Pay service providers as billed for WPS.
    d. Service providers:
    (1) Provide WPS only upon receipt of an authorization from DHS and 
remove WPS for specific users at the direction of DHS.
    (2) Ensure that WPS Priority Level 1 exceeds all other priority 
services offered by WPS providers.
    (3) Designate a point of contact to coordinate with DHS regarding 
WPS.
    (4) Participate in reconciliation and revalidation of WPS 
information at the request of DHS.
    (5) As technically and economically feasible, provide roaming 
service users the same grade of WPS provided to local service users.
    (6) Disclose information regarding WPS users only to those having a 
need-to-know or who will not use the information for economic advantage.
    (7) Ensure that at all times a reasonable amount of wireless 
spectrum is made available for public use.
    (8) Notify DHS and the service user if WPS is to be discontinued as 
a service.
    (9) Comply with all relevant Commission rules regarding WPS.
    e. An appropriate body identified by DHS will identify and review 
any systemic problems associated with the WPS system and recommend 
actions to correct them or prevent their recurrence.

             6. WPS Priority Levels and Qualifying Criteria

    a. The following WPS priority levels and qualifying criteria apply 
equally to all users and will be used as a basis for all WPS 
assignments. There are five levels of NSEP priorities, with Priority 
Level 1being the highest. The five priority levels are:
    (1) Executive Leadership and Policy Makers.
    Users who qualify for the Executive Leadership and Policy Makers 
category will be assigned Priority Level 1. A limited number of 
technicians who are essential to restoring wireless networks shall also 
receive this highest priority treatment. Users assigned to Priority 
Level 1 receive the highest priority in relation to all other priority 
services offered by WPS providers. Examples of users who are eligible 
for Priority Level 1 include:
    (i) The President of the United States, the Secretary of Defense, 
selected military leaders, and the staff who support these officials;
    (ii) State governors, lieutenant governors, cabinet-level officials 
responsible for public safety and health, and the staff who support 
these officials; and
    (iii) Mayors, county commissioners, and the staff who support these 
officials.
    (2) Disaster Response/Military Command and Control.
    Users who qualify for the Disaster Response/Military Command and 
Control category will be assigned Priority Level 2. This priority level 
includes individuals who manage the initial response to an emergency at 
the Federal, state, local, and regional levels. Personnel selected for 
this priority level are responsible for ensuring the viability or 
reconstruction of the basic infrastructure in an emergency area. In 
addition, personnel essential to continuity of government and national 
security functions (such as the conduct of international affairs and 
intelligence activities) are also included in this priority level. 
Examples of users who are eligible for Priority Level 2 include 
personnel from the following categories:
    (i) Federal emergency operations center coordinators, e.g., Chief, 
Public Safety and Homeland Security Bureau (FCC); Manager, National 
Coordinating Center for Communications; National Interagency Fire 
Center, Federal Coordinating Officer, Director of Military Support;
    (ii) State emergency services directors, National Guard leadership, 
Federal and state damage assessment team leaders;
    (iii) Federal, state and local personnel with continuity of 
government responsibilities;
    (iv) Incident command center managers, local emergency managers, 
other state and local elected public safety officials; and
    (v) Federal personnel with intelligence and diplomatic 
responsibilities.
    (3) Public Health, Safety and Law Enforcement Command.
    Users who qualify for the Public Health, Safety, and Law Enforcement 
Command category will be assigned Priority Level 3. This priority level 
includes individuals who conduct operations critical to life, property, 
and maintenance of law and order immediately

[[Page 624]]

following an emergency event. Examples of users who are eligible for 
Priority Level 3 include personnel from the following categories:
    (i) Federal law enforcement;
    (ii) State police;
    (iii) Local fire and law enforcement;
    (iv) Emergency medical services;
    (v) Search and rescue;
    (vi) Emergency communications;
    (vii) Critical infrastructure protection; and
    (viii) Hospital personnel.
    (4) Public Services/Utilities and Public Welfare.
    Users who qualify for the Public Services/Utilities and Public 
Welfare category will be assigned Priority Level 4. This priority level 
includes individuals who manage public works and utility infrastructure 
damage assessment and restoration efforts and transportation to 
accomplish emergency response activities. Examples of users who are 
eligible for Priority Level 4 include personnel from the following 
categories:
    (i) Army Corps of Engineers;
    (ii) Power, water, and sewage;
    (iii) Communications;
    (iv) Transportation; and
    (v) Financial services.
    (5) Disaster Recovery.
    Users who qualify for the Disaster Recovery category will be 
assigned Priority Level 5. This priority level includes individuals who 
manage a variety of recovery operations after the initial response has 
been accomplished. These functions may include managing medical 
resources such as supplies, personnel, or patients in medical 
facilities. Other activities such as coordination to establish and stock 
shelters, to obtain detailed damage assessments, or to support key 
disaster field office personnel may be included. Examples of users who 
are eligible for Priority Level 5 include personnel from the following 
categories:
    (i) Medical recovery;
    (ii) Detailed damage assessment;
    (iii) Emergency shelter; and
    (iv) Joint Field Office support personnel.
    b. These priority levels were selected to meet the needs of NSEP 
users who manage and respond to national security and public safety 
emergency situations, particularly during the first 24 to 72 hours 
following an event.
    c. The entities listed above are examples of the groups of users who 
may qualify for each priority level. The lists are non-exhaustive; other 
users may qualify for WPS, including those from the critical 
infrastructure sectors identified in Presidential Policy Directive 21. 
However, specific eligibility determinations and priority level 
assignments are made by DHS.

                                7. Appeal

    Service users and authorizing agents may appeal any priority level 
assignment, denial, revision, or revocation to DHS within 30 days of 
notification to the service user. If a dispute still exists following 
DHS action, an appeal may then be made to the FCC within 30 days of 
notification of DHS's decision. The party filing the appeal must include 
factual details supporting its claim and must provide a copy of the 
appeal to DHS and any other party directly involved. Involved parties 
may file a response to the appeal made to the FCC within 20 days, and 
the initial filing party may file a reply within 10 days thereafter. The 
FCC will provide notice of its decision to the parties of record. Until 
a decision is made, the service will remain status quo.

            8. Preemption or Degradation of Existing Services

    Service providers may preempt or degrade in-progress voice, data, 
text, and video communications from NSEP users assigned to any priority 
level, except for public safety emergency (911) communications, when 
necessary to prioritize eligible WPS communications.
    a. Service providers are not required to offer preemption or 
degradation.
    b. Preemption and degradation are authorized for all five priority 
levels.
    c. Preemption and degradation are not subject to the consent of the 
user whose service will be preempted or degraded.

                          9. Priority Signaling

    Service providers may offer priority signaling to ensure networks 
can detect WPS handset registration and service invocation.

[87 FR 39788, July 5, 2022]



PART 65_INTERSTATE RATE OF RETURN PRESCRIPTION, PROCEDURES, 
AND METHODOLOGIES--Table of Contents



                            Subpart A_General

Sec.
65.1 Application of part 65.

                          Subpart B_Procedures

65.100 Participation and acceptance of service designation.
65.101 Initiation of unitary rate of return prescription proceedings.
65.102 Petitions for exclusion from unitary treatment and for individual 
          treatment in determining authorized return for interstate 
          exchange access service.
65.103 Procedures for filing rate of return submissions.

[[Page 625]]

65.104 Page limitations for rate of return submissions.
65.105 Discovery.

                       Subpart C_Exchange Carriers

65.300 Calculations of the components and weights of the cost of 
          capital.
65.301 Cost of equity.
65.302 Cost of debt.
65.303 Cost of preferred stock.
65.304 Capital structure.
65.305 Calculation of the weighted average cost of capital.
65.306 Calculation accuracy.
65.450 Net income.

                    Subpart D_Interexchange Carriers

65.500 Net income.

                    Subpart E_Rate of Return Reports

65.600 Rate of return reports.

               Subpart F_Maximum Allowable Rates of Return

65.700 Determining the maximum allowable rate of return.
65.701 Period of review.
65.702 Measurement of interstate service earnings.

                           Subpart G_Rate Base

65.800 Rate base.
65.810 Definitions.
65.820 Included items.
65.830 Deducted items.

    Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 254, 
303(r), 403, and 1302 unless otherwise noted.



                            Subpart A_General



Sec.  65.1  Application of part 65.

    (a) This part establishes procedures and methodologies for 
Commission prescription of an authorized unitary interstate exchange 
access rate of return and individual rates of return for the interstate 
exchange access rates of certain carriers pursuant to Sec.  65.102. This 
part shall apply to those interstate services of local exchange carriers 
as the Commission shall designate by rule or order, except that all 
local exchange carriers shall provide to the Commission that information 
which the Commission requests for purposes of conducting prescription 
proceedings pursuant to this part.
    (b) Local exchange carriers subject to Sec. Sec.  61.41 through 
61.49 of this chapter are exempt from the requirements of this part with 
the following exceptions:
    (1) Except as otherwise required by Commission order, carriers 
subject to Sec. Sec.  61.41 through 61.49 of this chapter shall employ 
the rate of return value calculated for interstate access services in 
complying with any applicable rules under parts 36 and 69 that require a 
return component;
    (2) Carriers subject to Sec. Sec.  61.41 through 61.49 of this 
chapter shall be subject to Sec.  65.600(d);
    (3) Carriers subject to Sec. Sec.  61.41 through 61.49 of this 
chapter shall continue to comply with the prescribed rate of return when 
offering any services specified in Sec.  61.42(f) of this chapter unless 
the Commission otherwise directs; and
    (4) Carriers subject to Sec. Sec.  61.41 through 61.49 of this 
chapter shall comply with Commission information requests made pursuant 
to Sec.  65.1(a).

[60 FR 28543, June 1, 1995]



                          Subpart B_Procedures



Sec.  65.100  Participation and acceptance of service designation.

    (a) All interstate exchange access carriers, their customers, and 
any member of the public may participate in rate of return proceedings 
to determine the authorized unitary interstate exchange access or 
individual interstate exchange access rates of return authorized 
pursuant to Sec.  65.102.
    (b) Participants shall state in their initial pleading in a 
prescription proceeding whether they wish to receive service of 
documents and other material filed in the proceeding. Participants that 
wish to receive service by hand on the filing dates when so required by 
this part 65 shall specify in their initial pleading in a prescription 
proceeding, as specified in Sec.  65.103 (b) and (c), an agent for 
acceptance of service by hand in the District of Columbia. The 
participant may elect in its pleading to receive service by mail or upon 
an agent at another location. When such an election is made, other 
participants need not complete service

[[Page 626]]

on the filing date, and requests for extension of time due to delays in 
completion of service will not be entertained.

[60 FR 28544, June 1, 1995]



Sec.  65.101  Initiation of unitary rate of return prescription proceedings.

    (a) Whenever the Commission determines that the monthly average 
yields on ten (10) year United States Treasury securities remain, for a 
consecutive six (6) month period, at least 150 basis points above or 
below the average of the monthly average yields in effect for the 
consecutive six (6) month period immediately prior to the effective date 
of the current prescription, the Commission shall issue a notice 
inquiring whether a rate of return prescription according to this part 
should commence. This notice shall state:
    (1) The deadlines for filing initial and reply comments regarding 
the notice;
    (2) The cost of debt, cost of preferred stock, and capital structure 
computed in accordance with Sec. Sec.  65.302, 65.303, and 65.304; and
    (3) Such other information as the Commission may deem proper.
    (b) Based on the information submitted in response to the notice 
described in Sec.  65.101(a), and on any other information specifically 
identified, the Commission may issue a notice initiating a prescription 
proceeding pursuant to this part.
    (c) The Chief, Wireline Competition Bureau, may issue the notice 
described in Sec.  65.101(a).

[60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002]



Sec.  65.102  Petitions for exclusion from unitary treatment and
for individual treatment in determining authorized return for
interstate exchange access 
          service.

    (a) Exclusion from unitary treatment will be granted for a period of 
two years if the cost of capital for interstate exchange service is so 
low as to be confiscatory because it is outside the zone of 
reasonableness for the individual carrier's required rate of return for 
interstate exchange access services.
    (b) A petition for exclusion from unitary treatment and for 
individual treatment must plead with particularity the exceptional facts 
and circumstances that justify individual treatment. The showing shall 
include a demonstration that the exceptional facts and circumstances are 
not of transitory effect, such that exclusion for a period of a least 
two years is justified.
    (c) A petition for exclusion from unitary treatment and for 
individual treatment may be filed at any time. When a petition is filed 
at a time other than that specified in Sec.  65.103(b)(2), the 
petitioner must provide compelling evidence that its need for individual 
treatment is not simply the result of short-term fluctuations in the 
cost of capital or similar events.

[60 FR 28544, June 1, 1995]



Sec.  65.103  Procedures for filing rate of return submissions.

    (a) Rate of return submissions listed in Sec.  65.103 (b)(1) and (c) 
may include any relevant information, subject to the page limitations of 
Sec.  65.104. The Chief, Wireline Competition Bureau, may require from 
carriers providing interstate services, and from other participants 
submitting rate of return submissions, data, studies or other 
information that are reasonably calculated to lead to a full and fair 
record.
    (b) In proceedings to prescribe an authorized unitary rate of return 
on interstate access services, interested parties may file direct case 
submissions, responses, and rebuttals. Direct case submissions shall be 
filed within sixty (60) calendar days following the effective date of a 
Commission notice initiating a rate of return proceeding pursuant to 
Sec.  65.101(b). Rate of return submissions responsive to the direct 
case submissions shall be filed within sixty (60) calendar days after 
the deadline for filing direct case submissions. Rebuttal submissions 
shall be field within twenty-one (21) calendar days after the deadline 
for filing responsive submissions.
    (c) Petitions for exclusion from unitary treatment and for 
individual treatment may be filed on the same date as the deadline for 
filing responsive rate of return submissions. Oppositions shall be filed 
within 35 calendar days thereafter. Rebuttal submissions shall be filed 
within 21 calendar days

[[Page 627]]

after the deadline for filing responsive submissions.
    (d) An original and 4 copies of all rate of return submissions shall 
be filed with the Secretary.
    (e) The filing party shall serve a copy of each rate of return 
submission, other than an initial submission, on all participants who 
have filed a designation of service notice pursuant to Sec.  65.100(b).

[60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002]



Sec.  65.104  Page limitations for rate of return submissions.

    Rate of return submissions, including all argument, attachments, 
appendices, supplements, and supporting materials, such as testimony, 
data and documents, but excluding tables of contents and summaries of 
argument, shall be subject to the following double spaced typewritten 
page limits:
    (a) The direct case submission of any participant shall not exceed 
70 pages in length.
    (b) The responsive submission of any participant shall not exceed 70 
pages in length.
    (c) The rebuttal submission of any participant shall not exceed 50 
pages in length.
    (d) Petitions for exclusion from unitary treatment shall not exceed 
70 pages in length. Oppositions to petitions for exclusion shall not 
exceed 50 pages in length. Rebuttals shall not exceed 35 pages in 
length.

[60 FR 28544, June 1, 1995]



Sec.  65.105  Discovery.

    (a) Participants shall file with each rate of return submission 
copies of all information, including studies, financial analysts' 
reports, and any other documents relied upon by participants or their 
experts in the preparation of their submission. Information filed 
pursuant to this paragraph for which protection from disclosure is 
sought shall be filed subject to protective orders which shall be duly 
granted by the Chief, Wireline Competition Bureau, for good cause shown.
    (b) Participants may file written interrogatories and requests for 
documents directed to any rate of return submission and not otherwise 
filed pursuant to Sec.  65.105(a). The permissible scope of examination 
is that participants may be examined upon any matter, not privileged, 
that will demonstrably lead to the production of material, relevant, 
decisionally significant evidence.
    (c) Discovery requests pursuant to Sec.  65.105(b), including 
written interrogatories, shall be filed within 14 calendar days after 
the filing of the rate of return submission to which the request is 
directed. Discovery requests that are not opposed shall be complied with 
within 14 calendar days of the request date.
    (d) Oppositions to discovery requests made pursuant to Sec.  
65.105(b), including written interrogatories, shall be filed within 7 
calendar days after requests are filed. The Chief, Wireline Competition 
Bureau, shall rule upon any such opposition. Except as stayed by the 
Commission or a Court, any required response to a discovery request that 
is opposed shall be provided within 14 calendar days after release of 
the ruling of the Chief, Wireline Competition Bureau.
    (e) An original and 4 copies of all information described in Sec.  
65.105(a) and all requests, oppositions, and responses made pursuant to 
Sec.  65.105 (a), (b) and (d) shall be filed with the Secretary.
    (f) Service of requests, oppositions, and responses made pursuant to 
Sec.  65.105 (b) and (d) shall be made upon all participants who have 
filed a designation of service notice pursuant to Sec.  65.100(b). 
Service of requests upon participants who have filed designation of 
service notices pursuant to Sec.  65.100(b) shall be made by hand on the 
filing dates thereof.

[60 FR 28544, June 1, 1995, as amended at 67 FR 13229, Mar. 21, 2002]



                       Subpart C_Exchange Carriers



Sec.  65.300  Calculations of the components and weights of the cost of capital.

    (a) Sections 65.301 through 65.303 specify the calculations that are 
to be performed in computing cost of debt, cost of preferred stock, and 
financial

[[Page 628]]

structure weights for prescription proceedings. The calculations shall 
determine, where applicable, a composite cost of debt, a composite cost 
of preferred stock, and a composite financial structure for all local 
exchange carriers with annual revenues equal to or above the indexed 
revenue threshold as defined in Sec.  32.9000. The calculations shall be 
based on data reported to the Commission in FCC Report 43-02. (See 47 
CFR 43.21). The results of the calculations shall be used in the 
represcription proceeding to which they relate unless the record in that 
proceeding shows that their use would be unreasonable.
    (b) Excluded from cost of capital calculations made pursuant to 
Sec.  65.300 shall be those sources of financing that are not investor 
supplied, or that are otherwise subtracted from a carrier's rate base 
pursuant to Commission orders governing the calculation of net rate base 
amounts in tariff filings that are made pursuant to section 203 of the 
Communications Act of 1934, 47 U.S.C. 203, or that were treated as 
``zero cost'' sources of financing in section 450 and subpart G of this 
part 65. Specifically excluded are: accounts payable, accrued taxes, 
accrued interest, dividends payable, deferred credits and operating 
reserves, deferred taxes and deferred tax credits.

[60 FR 28545, June 1, 1995, as amended at 67 FR 5702, Feb. 6, 2002]



Sec.  65.301  Cost of equity.

    The cost of equity shall be determined in represcription proceedings 
after giving full consideration to the evidence in the record, including 
such evidence as the Commission may officially notice.

[60 FR 28545, June 1, 1995]



Sec.  65.302  Cost of debt.

    The formula for determining the cost of debt is equal to:
    [GRAPHIC] [TIFF OMITTED] TR25AP16.010
    
Where:

``Total Annual Interest Expense'' is the total interest expense for the 
          most recent year for all local exchange carriers with annual 
          revenues equal to or above the indexed revenue threshold as 
          defined in Sec.  32.9000 of this chapter.
``Average Outstanding Debt'' is the average of the total debt 
          outstanding at the beginning and at the end of the most recent 
          year for all local exchange carriers with annual revenues 
          equal to or above the indexed revenue threshold as defined in 
          Sec.  32.9000 of this chapter.

[81 FR 24344, Apr. 25, 2016]



Sec.  65.303  Cost of preferred stock.

    The formula for determining the cost of preferred stock is:
    [GRAPHIC] [TIFF OMITTED] TR01JN95.001
    
Where:

``Total Annual Preferred Dividends'' is the total dividends on preferred 
          stock for the most recent two years for all local exchange 
          carriers with annual revenues equal to or above the indexed 
          revenue threshold as defined in Sec.  32.9000. ``Proceeds from 
          the Issuance of Preferred Stock'' is the average of the total 
          net proceeds from the issuance of preferred stock for the most 
          recent two years for all local exchange carriers with annual 
          revenues equal to or above the indexed revenue threshold as 
          defined in Sec.  32.9000.

[60 FR 28545, June 1, 1995, as amended at 67 FR 5702, Feb. 6, 2002]

[[Page 629]]



Sec.  65.304  Capital structure.

    The proportion of each cost of capital component in the capital 
structure is equal to:
    Proportion in the capital structure =
    [GRAPHIC] [TIFF OMITTED] TR01JN95.002
    
Where:

``Book Value of particular component'' is the total of the book values 
          of that component for all local exchange carriers with annual 
          revenues equal to or above the indexed revenue threshold as 
          defined in Sec.  32.9000.
    ``Book Value of Debt + Book Value of Preferred Stock + Book Value of 
Equity'' is the total of the book values of all the components for all 
local exchange carriers with annual revenues equal to or above the 
indexed revenue threshold as defined in Sec.  32.9000.

The total of all proportions shall equal 1.00.

[60 FR 28545, June 1, 1995, as amended at 67 FR 5702, Feb. 6, 2002]



Sec.  65.305  Calculation of the weighted average cost of capital.

    (a) The composite weighted average cost of capital is the sum of the 
cost of debt, the cost of preferred stock, and the cost of equity, each 
weighted by its proportion in the capital structure of the telephone 
companies.
    (b) Unless the Commission determines to the contrary in a 
prescription proceeding, the composite weighted average cost of debt and 
cost of preferred stock is the composite weight computed in accordance 
with Sec.  65.304 multiplied by the composite cost of the component 
computed in accordance with Sec.  65.301 or Sec.  65.302, as applicable. 
The composite weighted average cost of equity will be determined in each 
prescription proceeding.

[60 FR 28546, June 1, 1995]



Sec.  65.306  Calculation accuracy.

    In a prescription proceeding, the final determinations of the cost 
of equity, cost of debt, cost of preferred stock and their capital 
structure weights shall be accurate to two decimal places.

[60 FR 28546, June 1, 1995]



Sec.  65.450  Net income.

    (a) Net income shall consist of all revenues derived from the 
provision of interstate telecommunications services regulated by this 
Commission less expenses recognized by the Commission as necessary to 
the provision of these services. The calculation of expenses entering 
into the determination of net income shall include the interstate 
portion of plant specific operations (Accounts 6110-6441), plant 
nonspecific operations (Accounts 6510-6565), customer operations 
(Accounts 6610-6623), corporate operations (Accounts 6720-6790), other 
operating income and expense (Account 7100), and operating taxes 
(Accounts 7200-7250), except to the extent this Commission specifically 
provides to the contrary.
    (b) Gains and losses related to the disposition of plant in service 
items, shall be handled as follows:
    (1) Gains related to property sold to others and leased back under 
finance leases for use in telecommunications services shall be recorded 
in Account 4300, Other long-term liabilities and deferred credits, and 
credited to Account 6563, Amortization expense--tangible, over the 
amortization period established for the finance lease;
    (2) Gains or losses related to the disposition of land and other 
nondepreciable items recorded in Account 7100 (Other operating income 
and expense) shall be included in net income for ratemaking purposes, 
but adjusted to reflect the relative amount of time such property was 
used in regulated operations and included in the rate base; and
    (3) Proceeds related to the disposition of property depreciated on a 
group basis and used jointly in regulated and nonregulated activities, 
including sale-leaseback arrangements for property

[[Page 630]]

depreciated on a group basis, shall be credited to the related reserves 
and attributed to regulated and nonregulated in proportion to the 
accumulated regulated and nonregulated depreciation for that group.
    (c) Gains or losses related to the disposition of property that was 
never included in the rate base shall not be considered for ratemaking 
purposes.
    (d) Except for the allowance for funds used during construction, 
reasonable charitable deductions and interest related to customer 
deposits, the amounts recorded as nonoperating income and expenses and 
taxes (Accounts 7300 and 7400) and interest and related items (Account 
7500) and extraordinary items (Account 7600) shall not be included 
unless this Commission specifically determines that particular items 
recorded in those accounts shall be included.

[53 FR 1029, Jan. 15, 1988, as amended at 60 FR 12139, Mar. 6, 1995; 67 
FR 5702, Feb. 6, 2002; 69 FR 53652, Sept. 2, 2004; 84 FR 4733, Feb. 19, 
2019]



                    Subpart D_Interexchange Carriers



Sec.  65.500  Net income.

    The net income methodology specified in Sec.  65.450 shall be 
utilized by all interexchange carriers that are so designated by 
Commission order.

[60 FR 28546, June 1, 1995]



                    Subpart E_Rate of Return Reports



Sec.  65.600  Rate of return reports.

    (a) Subpart E shall apply to those interstate communications common 
carriers and exchange carriers that are so designated by Commission 
order.
    (b) Each local exchange carrier or group of affiliated carriers 
which is not subject to Sec. Sec.  61.41 through 61.49 of this chapter 
and which has filed individual access tariffs during the preceding 
enforcement period shall file with the Commission within three (3) 
months after the end of each calendar year, an annual rate of return 
monitoring report which shall be the enforcement period report. Reports 
shall be filed on the appropriate report form prescribed by the 
Commission (see Sec.  1.795 of this chapter) and shall provide full and 
specific answers to all questions propounded and information requested 
in the currently effective report form. The number of copies to be filed 
shall be specified in the applicable report form. At least one copy of 
the report shall be signed on the signature page by the responsible 
officer. A copy of each report shall be retained in the principal office 
of the respondent and shall be filed in such a manner as to be readily 
available for reference and inspection. Final adjustments to the 
enforcement period report shall be made by September 30 of the year 
following the enforcement period to ensure that any refunds can be 
properly reflected in an annual access filing.
    (c) Each interexchange carrier subject to Sec. Sec.  61.41 through 
61.49 shall file with the Commission, within three (3) months after the 
end of each calendar year, the total interstate rate of return for that 
year for all interstate services subject to regulation by the 
Commission. Each such filing shall include a report of the total 
revenues, total expenses and taxes, operating income, and the rate base. 
A copy of the filing shall be retained in the principal office of the 
respondent and shall be filed in such manner as to be readily available 
for reference and inspection.
    (d)(1) Each local exchange carrier or group of affiliated carriers 
subject to Sec. Sec.  61.41 through 61.49 of this chapter shall file 
with the Commission within three (3) months after the end of each 
calendar year a report of its total interstate rate of return for that 
year. Such filings shall include a report of the total revenues, total 
expenses and taxes, operating income, and the rate base. Reports shall 
be filed on the appropriate form prescribed by the Commission (see Sec.  
1.795 of this chapter) and shall provide full and specific answers to 
all questions propounded and information requested in the currently 
effective form. The number of copies to be filed shall be specified in 
the applicable report form. At least one copy of the report shall be 
retained in the principal office of the respondent and shall be filed in 
such manner as to be readily available for reference and inspection.
    (2) Each local exchange carrier or group of affiliated carriers 
subject to

[[Page 631]]

Sec. Sec.  61.41 through 61.49 of this chapter shall file with the 
Commission within fifteen (15) months after the end of each calendar 
year a report reflecting any corrections or modifications to the report 
filed pursuant to paragraph (d)(1) of this section. Reports shall be 
filed on the appropriate form prescribed by the Commission (see Sec.  
1.795 of this chapter) and shall provide full and specific answers to 
all questions propounded and information requested in the currently 
effective form. The number of copies to be filed shall be specified in 
the applicable report form. At least one copy of the report shall be 
retained in the principal office of the respondent and shall be filed in 
such manner as to be readily available for reference and inspection.

[52 FR 274, Jan. 5, 1987, as amended at 54 FR 19844, May 8, 1989; 55 FR 
42385, Oct. 19, 1990; 56 FR 21617, May 10, 1991; 62 FR 5166, Feb. 4, 
1997]



               Subpart F_Maximum Allowable Rates of Return



Sec.  65.700  Determining the maximum allowable rate of return.

    (a) The maximum allowable rate of return for any exchange carrier's 
earnings on any access service category shall be determined by adding a 
fixed increment of four-tenths of one percent of the exchange carrier 
prescribed rate of return.
    (b) The maximum allowable rate of return for any exchange carrier's 
overall interstate earnings for all access service categories shall be 
determined by adding a fixed increment of one-quarter of one percent to 
the exchange carrier prescribed rate of return.
    (c) The maximum allowable rate of return for rates filed by local 
exchange carrier subject to Sec.  61.50 of this chapter, shall be 
determined by adding a fixed increment of one and one-half percent to 
the carriers prescribed rate of return.

[51 FR 11034, Apr. 1, 1986, as amended at 58 FR 36149, July 6, 1993; 60 
FR 28546, June 1, 1995]



Sec.  65.701  Period of review.

    For both exchange and interexchange carriers subject to this part, 
interstate earnings shall be measured over a two year period to 
determine compliance with the maximum allowable rate of return. The 
review periods shall commence on January 1 in odd-numbered years and 
shall end on December 31 in even-numbered years.

[60 FR 28546, June 1, 1995]



Sec.  65.702  Measurement of interstate service earnings.

    (a) For exchange carriers, earnings shall be measured separately for 
each access service category for purposes of determining compliance with 
the maximum allowable rate of return. The access service categories 
shall be: an aggregated category consisting of Special Access, Sec.  
69.113, and Contribution Charges for Special Access Expanded 
Interconnection, Sec.  69.122; Connection Charges for Expanded 
Interconnection, Sec.  69.121; Common Line, Sec. Sec.  69.104-69.105; 
and an aggregated category consisting of Line Termination, Sec.  69.106, 
Intercept, Sec.  69.108, Local Switching, Sec.  69.107, Transport, 
Sec. Sec.  69.110-69.112, 69.124, 69.125, and Information, Sec.  69.109. 
The Billing and Collection access element shall not be included in any 
access service category for purposes of this part. The Commission will 
also separately review exchange carrier overall interstate earnings 
subject to this part for determining compliance with the maximum 
allowable rate of return determined by Sec.  65.700(b).
    (b) For exchange carriers, earnings shall be measured for purposes 
of determining compliance with the maximum allowable rates of return 
separately for each study area; provided, however, that if the carrier 
has filed or concurred in access tariffs aggregating costs and rates for 
two or more study areas, the earnings will be determined for the 
aggregated study areas rather than for each study area separately. If an 
exchange carrier has not utilized the same level of study area 
aggregation during the entire two-year earnings review period, then the 
carrier's earnings will be measured for the entire two-year period on 
the basis of the tariffs in effect at the end of the second year of the 
two-year review period; provided, however, that if tariffs representing 
a higher level of study area aggregation were not in effect for at

[[Page 632]]

least eight months in the second year, then the carrier's earnings will 
be measured on the basis of the study area level of aggregation in 
effect for the majority of the two-year period; provided further, that 
any carrier that was not a member of the National Exchange Carrier 
Association or other voluntary pools for both years of the two-year 
review period will have its earnings reviewed individually for the full 
two-year period.

[51 FR 11034, Apr. 1, 1986, as amended at 57 FR 54719, Nov. 20, 1992; 58 
FR 48763, Sept. 17, 1993; 60 FR 28546, June 1, 1995]



                           Subpart G_Rate Base

    Source: 53 FR 1029, Jan. 15, 1988, unless otherwise noted.



Sec.  65.800  Rate base.

    The rate base shall consist of the interstate portion of the 
accounts listed in Sec.  65.820 that has been invested in plant used and 
useful in the efficient provision of interstate telecommunications 
services regulated by this Commission, minus any deducted items computed 
in accordance with Sec.  65.830.



Sec.  65.810  Definitions.

    As used in this subpart ``account xxxx'' means the account of that 
number kept in accordance with the Uniform System of Accounts for 
Telecommunications Companies in 47 CFR part 32.

[82 FR 20843, May 4, 2017]



Sec.  65.820  Included items.

    (a) Telecommunications plant. The interstate portion of all assets 
summarized in Account 2001 (Telecommunications Plant in Service) and 
Account 2002 (Property Held for Future Use), net of accumulated 
depreciation and amortization, and Account 2003 (Telecommunications 
Plant Under Construction), and, to the extent such inclusions are 
allowed by this Commission, Account 2005 (Telecommunications Plant 
Adjustment). Any interest cost for funds used during construction 
capitalized on assets recorded in these accounts shall be computed in 
accordance with the procedures in Sec. 32.2000(c)(2)(x) of this chapter.
    (b) Material and supplies. The interstate portion of assets 
summarized in Account 1220.1 (Material and Supplies).
    (c) Noncurrent assets. The interstate portion of Class B Rural 
Telephone Bank stock contained in Account 1410 and the interstate 
portion of assets summarized in Account 1410 (Other Noncurrent Assets) 
and Account 1438 (Deferred Maintenance, Retirements and Deferred 
Charges), only to the extent that they have been specifically approved 
by this Commission for inclusion (Note: The interstate portion of assets 
summarized in Account 1410 should not include any amounts related to 
investments, sinking funds or unamortized debt issuance expense). Except 
as noted above, no amounts from accounts 1406 through 1500 shall be 
included.
    (d) Cash working capital. The average amount of investor-supplied 
capital needed to provide funds for a carrier's day-to-day interstate 
operations. Carriers may calculate a cash working capital allowance 
either by performing a lead-lag study of interstate revenue and expense 
items or by using the formula set forth in paragraph (e) of this 
section. Carriers, in lieu of performing a lead-lag study or using the 
formula in paragraph (e) of this section, may calculate the cash working 
capital allowance using a standard allowance which will be established 
annually by the Chief, Wireline Competition Bureau. When either the 
lead-lag study or formula method is used to calculate cash working 
capital, the amount calculated under the study or formula may be 
increased by minimum bank balances and working cash advances to 
determine the cash working capital allowance. Once a carrier has 
selected a method of determining its cash working capital allowance, it 
shall not change to an optional method from one year to the next without 
Commission approval.
    (e) In lieu of a full lead-lag study, carriers may calculate the 
cash working capital allowance using the following formula.
    (1) Compute the weighted average revenue lag days as follows:
    (i) Multiply the average revenue lag days for interstate revenues 
billed in

[[Page 633]]

arrears by the percentage of interstate revenues billed in arrears.
    (ii) Multiply the average revenue lag days for interstate revenues 
billed in advance by the percentage of interstate revenues billed in 
advance. (Note: a revenue lead should be shown as a negative lag.)
    (iii) Add the results of paragraphs (e)(1) (i) and (ii) of this 
section to determine the weighted average revenue lag days.
    (2) Compute the weighted average expense lag days as follows:
    (i) Multiply the average lag days for interstate expenses (i.e., 
cash operating expenses plus interest) paid in arrears by the percentage 
of interstate expenses paid in arrears.
    (ii) Multiply the average lag days for interstate expenses paid in 
advance by the percentage of interstate expenses paid in advance. (Note: 
an expense lead should be shown as a negative lag.)
    (iii) Add the results of paragraphs (e)(2) (i) and (ii) of this 
section to determine the weighted average expense lag days.
    (3) Compute the weighted net lag days by deducting the weighted 
average expense lag days from the weighted average revenue lag days.
    (4) Compute the percentage of a year represented by the weighted net 
lag days by dividing the days computed in paragraph (e)(3) of this 
section by 365 days.
    (5) Compute the cash working capital allowance by multiplying the 
interstate cash operating expenses (i.e., operating expenses minus 
depreciation and amortization) plus interest by the percentage computed 
in paragraph (e)(4) of this section.

[54 FR 9048, Mar. 3, 1989, as amended at 60 FR 12139, Mar. 6, 1995; 67 
FR 5703, Feb. 6, 2002; 67 FR 13229, Mar. 21, 2002; 82 FR 20843, May 4, 
2017]



Sec.  65.830  Deducted items.

    (a) The following items shall be deducted from the interstate rate 
base.
    (1) The interstate portion of deferred taxes (Accounts 4100 and 
4340).
    (2) The interstate portion of customer deposits (Account 4040).
    (3) The interstate portion of other long-term liabilities in 
(Account 4300 Other long-term liabilities and deferred credits) that 
were derived from the expenses specified in Sec. 65.450(a).
    (4) The interstate portion of other deferred credits in (Account 
4300 Other long-term liabilities and deferred credits) to the extent 
they arise from the provision of regulated telecommunications services. 
This shall include deferred gains related to sale-leaseback 
arrangements.
    (b) The interstate portion of deferred taxes, customer deposits and 
other deferred credits shall be determined as prescribed by 47 CFR part 
36.
    (c) The interstate portion of other long-term liabilities included 
in (Account 4300 Other long-term liabilities and deferred credits) shall 
bear the same proportionate relationships as the interstate/intrastate 
expenses which gave rise to the liability.

[54 FR 9049, Mar. 3, 1989, as amended at 62 FR 15118, Mar. 31, 1997; 67 
FR 5703, Feb. 6, 2002]



PART 67_REAL-TIME TEXT--Table of Contents



Sec.
67.1 Definitions.
67.2 Minimum Functionalities of RTT.
67.3 Incorporation by Reference.

    Authority: 47 U.S.C. 151-154, 225, 251, 255, 301, 303, 307, 309, 
316, 615c, 616, 617.

    Source: 82 FR 7707, Jan. 23, 2017, unless otherwise noted.



Sec.  67.1  Definitions.

    (a) Authorized end user device means a handset or other end user 
device that is authorized by the provider of a covered service for use 
with that service and is able to send, receive, and display text.
    (b) CMRS provider means a CMRS provider as defined in Sec.  20.18(c) 
of this chapter.
    (c) Covered service means a service that meets accessibility 
requirements by supporting RTT pursuant to part 6, 7, 14, 20, or 64 of 
this chapter.
    (d) RFC 4103 means IETF's Request for Comments (RFC) 4103 
(incorporated by reference, see Sec.  67.3 of this part).
    (e) RFC 4103-conforming service or user device means a covered 
service or authorized end user device that enables initiation, sending, 
transmission, reception, and display of RTT communications in conformity 
with RFC 4103.

[[Page 634]]

    (f) RFC 4103-TTY gateway means a gateway that is able to reliably 
and accurately transcode communications between (1) RFC 4103-conforming 
services and devices and (2) circuit-switched networks that support 
communications between TTYs.
    (g) Real-time text (RTT) or RTT communications means text 
communications that are transmitted over Internet Protocol (IP) networks 
immediately as they are created, e.g., on a character-by-character 
basis.
    (h) Support RTT or support RTT communications means to enable users 
to initiate, send, transmit, receive, and display RTT communications in 
accordance with the applicable provisions of this part.



Sec.  67.2  Minimum Functionalities of RTT.

    (a) RTT-RTT Interoperability. Covered services and authorized end 
user devices shall be interoperable with other services and devices that 
support RTT in accordance with this part. A service or authorized end 
user device shall be deemed to comply with this paragraph (a) if:
    (1) It is an RFC 4103-conforming end user device;
    (2) RTT communications between such service or end user device and 
an RFC 4103-conforming service or end user device are reliably and 
accurately transcoded--
    (i) to and from RFC 4103, or
    (ii) to and from an internetworking protocol mutually agreed-upon 
with the owner of the network serving the RFC 4103-conforming service or 
device.
    (b) RTT-TTY Interoperability. Covered services and authorized end 
user devices shall be interoperable with TTYs connected to other 
networks. Covered services and authorized end user devices shall be 
deemed to comply with this paragraph (b) if communications to and from 
such TTYs:
    (1) Pass through an RFC 4103-TTY gateway, or
    (2) are reliably and accurately transcoded to and from an 
internetworking protocol mutually agreed-upon with the owner of the 
network serving the TTY.
    (c) Features and Capabilities. Covered services and authorized end 
user devices shall enable the user to:
    (1) Initiate and receive RTT calls to and from the same telephone 
numbers for which voice calls can be initiated and received;
    (2) transmit and receive RTT communications to and from any 911 
public safety answering point (PSAP) in the United States; and
    (3) send and receive text and voice simultaneously in both 
directions on the same call using a single device.



Sec.  67.3  Incorporation by Reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) 
material is available for inspection at the FCC and the National 
Archives and Records Administration (NARA). Contact the FCC through the 
Federal Communications Commission's Reference Information Center, phone: 
(202) 418-0270. For information on the availability of this material at 
NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or 
email [email protected]. The material may be obtained from the 
source in the following paragraph of this section.
    (b) Internet Engineering Task Force (IETF), c/o Association 
Management Solutions, LLC (AMS) 5177 Brandin Court, Fremont, California 
94538, phone (510) 492-4080, Web site at http://ietf.org or directly at 
https://www.ietf.org/rfc/rfc4103.txt.
    (1) Request for Comments (RFC) 4103, Real-time Transport Protocol 
Payload for Text Conversation (2005), IBR approved for Sec.  67.1.
    (2) [Reserved]

[82 FR 7707, Jan. 23, 2017, as amended at 85 FR 64408, Oct. 13, 2020; 88 
FR 21445, Apr. 10, 2023]



PART 68_CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK--Table of Contents



                            Subpart A_General

Sec.
68.1 Purpose.
68.2 Scope.

[[Page 635]]

68.3 Definitions.
68.4 Hearing aid-compatible telephones.
68.5 Waivers.
68.6 Telephones with volume control.
68.7 Technical criteria for terminal equipment.

            Subpart B_Conditions on Use of Terminal Equipment

68.100 General.
68.102 Terminal equipment approval requirement.
68.105 Minimum point of entry (MPOE) and demarcation point.
68.106 Notification to provider of wireline telecommunications.
68.108 Incidence of harm.
68.110 Compatibility of the public switched telephone network and 
          terminal equipment.
68.112 Hearing aid-compatibility.
68.160 Designation of Telecommunication Certification Bodies (TCBs).
68.162 Requirements for Telecommunication Certification Bodies.

            Subpart C_Terminal Equipment Approval Procedures

68.201 Connection to the public switched telephone network.
68.211 Terminal equipment approval revocation procedures.
68.213 Installation of other than ``fully protected'' non-system simple 
          customer premises wiring.
68.214 Changes in other than ``fully protected'' premises wiring that 
          serves fewer than four subscriber access lines.
68.215 Installation of other than ``fully-protected'' system premises 
          wiring that serves more than four subscriber access lines.
68.218 Responsibility of the party acquiring equipment authorization.
68.224 Notice of non-hearing aid compatibility.

          Subpart D_Conditions for Terminal Equipment Approval

68.300 Labeling requirements.
68.316 Hearing aid compatibility: Technical requirements.
68.317 Hearing aid compatibility volume control: technical standards.
68.318 Additional limitations.
68.320 Supplier's Declaration of Conformity.
68.321 Location of responsible party.
68.322 Changes in name, address, ownership or control of responsible 
          party.
68.324 Supplier's Declaration of Conformity requirements.
68.326 Retention of records.
68.346 Description of testing facilities.
68.348 Changes in equipment and circuitry subject to a Supplier's 
          Declaration of Conformity.
68.350 Revocation of Supplier's Declaration of Conformity.
68.354 Numbering and labeling requirements for terminal equipment.

                     Subpart E_Complaint Procedures

68.400-68.412 [Reserved]
68.414 Hearing aid-compatibility: Enforcement.
68.415 Hearing aid-compatibility and volume control informal complaints.
68.417 Informal complaints; form and content.
68.418 Procedure; designation of agents for service.
68.419 Answers to informal complaints.
68.420 Review and disposition of informal complaints.
68.423 Actions by the Commission on its own motion.

                      Subpart F_ACS Telephonic CPE

68.501 Authorization procedures.
68.502 Labeling, warranty, instructions, and notice of revocation of 
          approval.
68.503 Complaint procedures.
68.504 Administrative Council on Terminal

        Subpart G_Administrative Council for Terminal Attachments

68.602 Sponsor of the Administrative Council for Terminal Attachments.
68.604 Requirements for submitting technical criteria.
68.608 Publication of technical criteria.
68.610 Database of terminal equipment.
68.612 Labels on terminal equipment.
68.614 Oppositions and appeals.

    Authority: 47 U.S.C. 154, 303, 610.



                            Subpart A_General

    Authority: Secs. 4, 5, 303, 710, 48 Stat., as amended, 1066, 1068, 
1082 (47 U.S.C. 154, 155, 303, 610).

    Source: 45 FR 20841, Mar. 31, 1980, unless otherwise noted.



Sec.  68.1  Purpose.

    The purpose of the rules and regulations in this part is to provide 
for uniform standards for the protection of the telephone network from 
harms caused by the connection of terminal equipment and associated 
wiring thereto, and for the compatibility of hearing aids and telephones 
so as to ensure

[[Page 636]]

that, to the fullest extent made possible by technology and medical 
science, people with hearing loss have equal access to the national 
telecommunications network, including advanced communications services.

[83 FR 8632, Feb. 28, 2018]



Sec.  68.2  Scope.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
and excluding subpart F, which applies only to ACS telephonic CPE, the 
rules and regulations of this part apply to direct connection of all 
terminal equipment to the public switched telephone network for use in 
conjunction with all services other than party line services. Sections 
68.4, 68.5, 68.6, 68.112, 68.160, 68.162, 68.316, and 68.317, and other 
sections to the extent they are made applicable by subpart F of this 
part, also apply to ACS and ACS telephonic CPE that is manufactured in 
the United States or imported for use in the United States on or after 
February 28, 2020.
    (b) National defense and security. Where the Secretary of Defense or 
authorized agent or the head of any other governmental department, 
agency, or administration (approved in writing by the Commission to act 
pursuant to this rule) or authorized representative, certifies in 
writing to the appropriate common carrier that compliance with the 
provisions of part 68 could result in the disclosure of communications 
equipment or security devices, locations, uses, personnel, or activity 
which would adversely affect the national defense and security, such 
equipment or security devices may be connected to the telephone company 
provided communications network without compliance with this part, 
provided that each written certification states that:
    (1) The connection is required in the interest of national defense 
and security;
    (2) The equipment or device to be connected either complies with the 
technical criteria pertaining thereto or will not cause harm to the 
nationwide telephone network or to employees of any provider of wireline 
telecommunications; and
    (3) The installation is performed by well-trained, qualified 
employees under the responsible supervision and control of a person who 
is a licensed professional engineer in the jurisdiction in which the 
installation is performed.
    (c) Governmental departments, agencies, or administrations that wish 
to qualify for interconnection of equipment or security devices pursuant 
to this section shall file a request with the Secretary of this 
Commission stating the reasons why the exemption is requested. A list of 
these departments, agencies, or administrations that have filed requests 
shall be published in the Federal Register. The Commission may take 
action with respect to those requests 30 days after publication. The 
Commission action shall be published in the Federal Register. However, 
the Commission may grant, on less than the normal notice period or 
without notice, special temporary authority, not to exceed 90 days, for 
governmental departments, agencies, or administrations that wish to 
qualify for interconnection of equipment or security devices pursuant to 
this section. Requests for such authority shall state the particular 
fact and circumstances why authority should be granted on less than the 
normal notice period or without notice. In such cases, the Commission 
shall endeavor to publish its disposition as promptly as possible in the 
Federal Register.

[66 FR 7580, Jan. 24, 2001, as amended at 83 FR 8632, Feb. 28, 2018]



Sec.  68.3  Definitions.

    As used in this part:
    ACS telephonic CPE. Customer premises equipment used with advanced 
communications services that is designed to provide 2-way voice 
communication via a built-in speaker intended to be held to the ear in a 
manner functionally equivalent to a telephone, except for mobile 
handsets.
    Advanced communications services. Interconnected VoIP service, non-
interconnected VoIP service, electronic messaging service, and 
interoperable video conferencing service.
    Demarcation point (also point of interconnection). As used in this 
part, the

[[Page 637]]

point of demarcation and/or interconnection between the communications 
facilities of a provider of wireline telecommunications, and terminal 
equipment, protective apparatus or wiring at a subscriber's premises.
    Essential telephones. Only coin-operated telephones, telephones 
provided for emergency use, and other telephones frequently needed for 
use by persons using such hearing aids.
    Harm. Electrical hazards to the personnel of providers of wireline 
telecommunications, damage to the equipment of providers of wireline 
telecommunications, malfunction of the billing equipment of providers of 
wireline telecommunications, and degradation of service to persons other 
than the user of the subject terminal equipment, his calling or called 
party.
    Hearing aid compatible. Except as used at Sec. Sec.  68.4(a)(3) and 
68.414, and subpart F of this part the terms hearing aid compatible or 
hearing aid compatibility are used as defined in Sec.  68.316, unless it 
is specifically stated that hearing aid compatibility volume control, as 
defined in Sec.  68.317, is intended or is included in the definition.
    Inside wiring or premises wiring. Customer-owned or controlled wire 
on the subscriber's side of the demarcation point.
    Premises. As used herein, generally a dwelling unit, other building 
or a legal unit of real property such as a lot on which a dwelling unit 
is located, as determined by the provider of telecommunications 
service's reasonable and nondiscriminatory standard operating practices.
    Private radio services. Private land mobile radio services and other 
communications services characterized by the Commission in its rules as 
private radio services.
    Public mobile services. Air-to-ground radiotelephone services, 
cellular radio telecommunications services, offshore radio, rural radio 
service, public land mobile telephone service, and other common carrier 
radio communications services covered by part 22 of Title 47 of the Code 
of Federal Regulations.
    Responsible party. The party or parties responsible for the 
compliance of terminal equipment or protective circuitry intended for 
connection directly to the public switched telephone network, or of ACS 
telephonic CPE, with the applicable rules and regulations in this part 
and with any applicable technical criteria published by the 
Administrative Council for Terminal Attachments. If a Telecommunications 
Certification Body certifies the terminal equipment or ACS telephonic 
CPE, the responsible party is the holder of the certificate for that 
equipment. If the terminal equipment or ACS telephonic CPE is the 
subject of a Supplier's Declaration of Conformity, the responsible party 
shall be: The manufacturer of the equipment, or the manufacturer of 
protective circuitry that is marketed for use with terminal equipment 
that is not to be connected directly to the network, or if the equipment 
is imported, the importer, or if the equipment is assembled from 
individual component parts, the assembler. If the equipment is modified 
by any party not working under the authority of the responsible party, 
the party performing the modifications, if located within the U.S., or 
the importer, if the equipment is imported subsequent to the 
modifications, becomes the new responsible party. Retailers or original 
equipment manufacturers may enter into an agreement with the assembler 
or importer to assume the responsibilities to ensure compliance of the 
terminal equipment or ACS telephonic CPE and to become the responsible 
party.
    Secure telephones. Telephones that are approved by the United States 
Government for the transmission of classified or sensitive voice 
communications.
    Terminal equipment. As used in this part, communications equipment 
located on customer premises at the end of a communications link, used 
to permit the stations involved to accomplish the provision of 
telecommunications or information services.

[66 FR 7581, Jan. 24, 2001, as amended at 83 FR 8632, Feb. 28, 2018]



Sec.  68.4  Hearing aid-compatible telephones.

    (a)(1) Except for telephones used with public mobile services, 
telephones used with private radio services, and cordless and secure 
telephones, every telephone manufactured in the United

[[Page 638]]

States (other than for export) or imported for use in the United States 
after August 16, 1989, must be hearing aid compatible, as defined in 
Sec.  68.316. Every cordless telephone manufactured in the United States 
(other than for export) or imported into the United States after August 
16, 1991, must be hearing aid compatible, as defined in Sec.  68.316.
    (2) Unless otherwise stated and except for telephones used with 
public mobile services, telephones used with private radio services and 
secure telephones, every telephone listed in Sec.  68.112 must be 
hearing aid compatible, as defined in Sec.  68.316.
    (3) A telephone is hearing aid-compatible if it provides internal 
means for effective use with hearing aids that are designed to be 
compatible with telephones which meet established technical standards 
for hearing aid compatibility.
    (4) The Commission shall revoke or otherwise limit the exemptions of 
paragraph (a)((1) of this section for telephones used with public mobile 
services or telephones used with private radio services if it determines 
that (i) such revocation or limitation is in the public interest; (ii) 
continuation of the exemption without such revocation or limitation 
would have an adverse effect on hearing-impaired individuals; (iii) 
compliance with the requirements of Sec.  68.4(a)(1) is technologically 
feasible for the telephones to which the exemption applies; and (iv) 
compliance with the requirements of Sec.  68.4(a)(1) would not increase 
costs to such an extent that the telephones to which the exemption 
applies could not be successfully marketed.

[54 FR 21430, May 18, 1989, as amended at 55 FR 28763, July 13, 1990; 57 
FR 27183, June 18, 1992; 61 FR 42186, Aug. 14, 1996]



Sec.  68.5  Waivers.

    The Commission may, upon the application of any interested person, 
initiate a proceeding to waive the requirements of Sec.  68.4(a)(1) with 
respect to new telephones, or telephones associated with a new 
technology or service. The Commission shall not grant such a waiver 
unless it determines, on the basis of evidence in the record of such 
proceeding, that such telephones, or such technology or service, are in 
the public interest, and that (a) compliance with the requirements of 
Sec.  68.4(a)(1) is technologically infeasible, or (b) compliance with 
such requirements would increase the costs of the telephones, or of the 
technology or service, to such an extent that such telephones, 
technology, or service could not be successfully marketed. In any 
proceeding under this section to grant a waiver from the requirements of 
Sec.  68.4(a)(1), the Commission shall consider the effect on hearing-
impaired individuals of granting the waiver. The Commission shall 
periodically review and determine the continuing need for any waiver 
granted pursuant to this section.

[54 FR 21430, May 18, 1989]



Sec.  68.6  Telephones with volume control.

    As of January 1, 2000, all telephones, including cordless 
telephones, as defined in Sec.  15.3(j) of this chapter, manufactured in 
the United States (other than for export) or imported for use in the 
United States, must have volume control in accordance with Sec.  68.317. 
Secure telephones, as defined by Sec.  68.3 are exempt from this 
section, as are telephones used with public mobile services or private 
radio services.

[62 FR 43484, Aug. 14, 1997]



Sec.  68.7  Technical criteria for terminal equipment.

    (a) Terminal equipment shall not cause harm, as defined in Sec.  
68.3, to the public switched telephone network.
    (b) Technical criteria published by the Administrative Council for 
Terminal Attachments are the presumptively valid technical criteria for 
the protection of the public switched telephone network from harms 
caused by the connection of terminal equipment, subject to the appeal 
procedures in Sec.  68.614 of this part.

[66 FR 7581, Jan. 24, 2001]

[[Page 639]]



            Subpart B_Conditions on Use of Terminal Equipment



Sec.  68.100  General.

    In accordance with the rules and regulations in this part, terminal 
equipment may be directly connected to the public switched telephone 
network, including private line services provided over wireline 
facilities that are owned by providers of wireline telecommunications.

[66 FR 7581, Jan. 24, 2001]



Sec.  68.102  Terminal equipment approval requirement.

    Terminal equipment must be approved in accordance with the rules and 
regulations in subpart C of this part, or connected through protective 
circuitry that is approved in accordance with the rules and regulations 
in subpart C.

[66 FR 7582, Jan. 24, 2001]



Sec.  68.105  Minimum point of entry (MPOE) and demarcation point.

    (a) Facilities at the demarcation point. Carrier-installed 
facilities at, or constituting, the demarcation point shall consist of 
wire or a jack conforming to the technical criteria published by the 
Administrative Council for Terminal Attachments.
    (b) Minimum point of entry. The ``minimum point of entry'' (MPOE) as 
used herein shall be either the closest practicable point to where the 
wiring crosses a property line or the closest practicable point to where 
the wiring enters a multiunit building or buildings. The reasonable and 
nondiscriminatory standard operating practices of the provider of 
wireline telecommunications services shall determine which shall apply. 
The provider of wireline telecommunications services is not precluded 
from establishing reasonable classifications of multiunit premises for 
purposes of determining which shall apply. Multiunit premises include, 
but are not limited to, residential, commercial, shopping center and 
campus situations.
    (c) Single unit installations. For single unit installations 
existing as of August 13, 1990, and installations installed after that 
date the demarcation point shall be a point within 30 cm (12 in) of the 
protector or, where there is no protector, within 30 cm (12 in) of where 
the telephone wire enters the customer's premises, or as close thereto 
as practicable.
    (d) Multiunit installations. (1) In multiunit premises existing as 
of August 13, 1990, the demarcation point shall be determined in 
accordance with the local carrier's reasonable and non-discriminatory 
standard operating practices. Provided, however, that where there are 
multiple demarcation points within the multiunit premises, a demarcation 
point for a customer shall not be further inside the customer's premises 
than a point twelve inches from where the wiring enters the customer's 
premises, or as close thereto as practicable.
    (2) In multiunit premises in which wiring is installed, including 
major additions or rearrangements of wiring existing prior to that date, 
the provider of wireline telecommunications may place the demarcation 
point at the minimum point of entry (MPOE). If the provider of wireline 
telecommunications services does not elect to establish a practice of 
placing the demarcation point at the minimum point of entry, the 
multiunit premises owner shall determine the location of the demarcation 
point or points. The multiunit premises owner shall determine whether 
there shall be a single demarcation point location for all customers or 
separate such locations for each customer. Provided, however, that where 
there are multiple demarcation points within the multiunit premises, a 
demarcation point for a customer shall not be further inside the 
customer's premises than a point 30 cm (12 in) from where the wiring 
enters the customer's premises, or as close thereto as practicable. At 
the time of installation, the provider of wireline telecommunications 
services shall fully inform the premises owner of its options and rights 
regarding the placement of the demarcation point or points and shall not 
attempt to unduly influence that decision for the purpose of obstructing 
competitive entry.
    (3) In any multiunit premises where the demarcation point is not 
already at the MPOE, the provider of wireline

[[Page 640]]

telecommunications services must comply with a request from the premises 
owner to relocate the demarcation point to the MPOE. The provider of 
wireline telecommunications services must negotiate terms in good faith 
and complete the negotiations within forty-five days from said request. 
Premises owners may file complaints with the Commission for resolution 
of allegations of bad faith bargaining by provider of wireline 
telecommunications services. See 47 U.S.C. 208, 47 CFR 1.720 through 
1.740.
    (4) The provider of wireline telecommunications services shall make 
available information on the location of the demarcation point within 
ten business days of a request from the premises owner. If the provider 
of wireline telecommunications services does not provide the information 
within that time, the premises owner may presume the demarcation point 
to be at the MPOE. Notwithstanding the provisions of Sec.  68.110(b), 
provider of wireline telecommunications services must make this 
information freely available to the requesting premises owner.
    (5) In multiunit premises with more than one customer, the premises 
owner may adopt a policy restricting a customer's access to wiring on 
the premises to only that wiring located in the customer's individual 
unit that serves only that particular customer.

[66 FR 7582, Jan. 24, 2001; 67 FR 60167, Sept. 25, 2002; 83 FR 31677, 
July 9, 2018; 83 FR 44843, Sept. 4, 2018]



Sec.  68.106  Notification to provider of wireline telecommunications.

    (a) General. Customers connecting terminal equipment or protective 
circuitry to the public switched telephone network shall, upon request 
of the provider of wireline telecommunications, inform the provider of 
wireline telecommunications of the particular line(s) to which such 
connection is made, and any other information required to be placed on 
the terminal equipment pursuant to Sec.  68.354 of this part by the 
Administrative Council for Terminal Attachments.
    (b) Systems assembled of combinations of individually-approved 
terminal equipment and protective circuitry. Customers connecting such 
assemblages to the public switched telephone network shall, upon the 
request of the provider of wireline telecommunications, provide to the 
provider of wireline telecommunications the following information:
    For each line:
    (1) Information required for compatible operation of the equipment 
with the communications facilities of the provider of wireline 
telecommunications;
    (2) The identifying information required to be placed on terminal 
equipment pursuant to Sec.  68.354 for all equipment dedicated to that 
line; and
    (3) Any other information regarding equipment dedicated to that line 
required to be placed on the terminal equipment by the Administrative 
Council for Terminal Attachments.
    (4) A list of identifying numbers required to be placed on terminal 
equipment, if any, by the Administrative Council for Terminal 
Attachments, pursuant to Sec.  68.354 of this part, for equipment to be 
used in the system.
    (c) Systems using other than ``fully protected'' premises wiring. 
Customers who intend to connect premises wiring other than ``fully 
protected'' premises wiring to the public switched telephone network 
shall, in addition to the foregoing, give notice to the provider of 
wireline telecommunications in accordance with Sec.  68.215(e).

[66 FR 7582, Jan. 24, 2001]



Sec.  68.108  Incidence of harm.

    Should terminal equipment, inside wiring, plugs and jacks, or 
protective circuitry cause harm to the public switched telephone 
network, or should the provider of wireline telecommunications 
reasonably determine that such harm is imminent, the provider of 
wireline telecommunications shall, where practicable, notify the 
customer that temporary discontinuance of service may be required; 
however, wherever prior notice is not practicable, the provider of 
wireline telecommunications may temporarily discontinue service 
forthwith, if such action is reasonable under the circumstances. In case 
of such temporary discontinuance, the provider of wireline 
telecommunications shall:

[[Page 641]]

    (a) Promptly notify the customer of such temporary discontinuance;
    (b) Afford the customer the opportunity to correct the situation 
which gave rise to the temporary discontinuance; and
    (c) Inform the customer of his right to bring a complaint to the 
Commission pursuant to the procedures set forth in subpart E of this 
part.

[55 FR 28630, July 12, 1990, as amended at 66 FR 7583, Jan. 24, 2001]



Sec.  68.110  Compatibility of the public switched telephone network
and terminal equipment.

    (a) Availability of interface information. Technical information 
concerning interface parameters not specified by the technical criteria 
published by the Administrative Council for Terminal Attachments, that 
are needed to permit terminal equipment to operate in a manner 
compatible with the communications facilities of a provider of wireline 
telecommunications, shall be provided by the provider of wireline 
telecommunications upon request.
    (b) Availability of inside wiring information. Any available 
technical information concerning wiring on the customer side of the 
demarcation point, including copies of existing schematic diagrams and 
service records, shall be provided by the provider of wireline 
telecommunications upon request of the building owner or agent thereof. 
The provider of wireline telecommunications may charge the building 
owner a reasonable fee for this service, which shall not exceed the cost 
involved in locating and copying the documents. In the alternative, the 
provider of wireline telecommunications may make these documents 
available for review and copying by the building owner. In this case, 
the provider of wireline telecommunications may charge a reasonable fee, 
which shall not exceed the cost involved in making the documents 
available, and may also require the building owner to pay a deposit to 
guarantee the documents' return.

[66 FR 7583, Jan. 24, 2001, as amended at 83 FR 31677, July 9, 2018]



Sec.  68.112  Hearing aid-compatibility.

    (a) Coin telephones. All new and existing coin-operated telephones, 
whether located on public property or in a semi-public location (e.g., 
drugstore, gas station, private club).
    (b) Emergency use telephones. Telephones ``provided for emergency 
use'' include the following:
    (1) Telephones, except headsets, in places where a person with a 
hearing disability might be isolated in an emergency, including, but not 
limited to, elevators, highways, and tunnels for automobile, railway or 
subway, and workplace common areas.

    Note to paragraph (b)(1): Examples of workplace common areas include 
libraries, reception areas and similar locations where employees are 
reasonably expected to congregate.

    (2) Telephones specifically installed to alert emergency 
authorities, including, but not limited to, police or fire departments 
or medical assistance personnel.
    (3) Telephones, except headsets, in workplace non-common areas. 
Note: Examples of workplace non-common areas include private enclosed 
offices, open area individual work stations and mail rooms. Such non-
common area telephones are required to be hearing aid compatible, as 
defined in Sec.  68.316, by January 1, 2000, except for those telephones 
located in establishments with fewer than fifteen employees; and those 
telephones purchased between January 1, 1985 through December 31, 1989, 
which are not required to be hearing aid compatible, as defined in Sec.  
68.316, until January 1, 2005.
    (i) Telephones, including headsets, made available to an employee 
with a hearing disability for use by that employee in his or her 
employment duty, shall, however, be hearing aid compatible, as defined 
in Sec.  68.316.
    (ii) As of January 1, 2000 or January 1, 2005, whichever date is 
applicable, there shall be a rebuttable presumption that all telephones 
located in the workplace are hearing aid compatible, as defined in Sec.  
68.316. Any person who identifies a telephone as non-hearing aid-
compatible, as defined in Sec.  68.316, may rebut this presumption. Such 
telephone must be replaced within fifteen

[[Page 642]]

working days with a hearing aid compatible telephone, as defined in 
Sec.  68.316, including, on or after January 1, 2000, with volume 
control, as defined in Sec.  68.317.
    (iii) Telephones, not including headsets, except those headsets 
furnished under paragraph (b)(3)(i) of this section, that are purchased, 
or replaced with newly acquired telephones, must be:
    (A) Hearing aid compatible, as defined in Sec.  68.316, after 
October 23, 1996; and
    (B) Include volume control, as defined in Sec.  68.317, on or after 
January 1, 2000.
    (iv) When a telephone under paragraph (b)(3)(iii) of this section is 
replaced with a telephone from inventory existing before October 23, 
1996, any person may make a bona fide request that such telephone be 
hearing aid compatible, as defined in Sec.  68.316. If the replacement 
occurs on or after January 1, 2000, the telephone must have volume 
control, as defined in Sec.  68.317. The telephone shall be provided 
within fifteen working days.
    (v) During the period from October 23, 1996, until the applicable 
date of January 1, 2000 or January 1, 2005, workplaces of fifteen or 
more employees also must provide and designate telephones for emergency 
use by employees with hearing disabilities through one or more of the 
following means:
    (A) By having at least one coin-operated telephone, one common area 
telephone or one other designated hearing aid compatible telephone 
within a reasonable and accessible distance for an individual searching 
for a telephone from any point in the workplace; or
    (B) By providing wireless telephones that meet the definition for 
hearing aid compatible for wireline telephones, as defined in Sec.  
68.316, for use by employees in their employment duty outside common 
areas and outside the offices of employees with hearing disabilities.
    (4) All credit card operated telephones, whether located on public 
property or in a semipublic location (e.g., drugstore, gas station, 
private club), unless a hearing aid compatible (as defined in Sec.  
68.316) coin-operated telephone providing similar services is nearby and 
readily available. However, regardless of coin-operated telephone 
availability, all credit card operated telephones must be made hearing 
aid-compatible, as defined in Sec.  68.316, when replaced, or by May 1, 
1991, which ever comes sooner.
    (5) Telephones needed to signal life threatening or emergency 
situations in confined settings, including but not limited to, rooms in 
hospitals, residential health care facilities for senior citizens, and 
convalescent homes:
    (i) A telephone that is hearing aid compatible, as defined in Sec.  
68.316, is not required until:
    (A) November 1, 1997, for establishments with fifty or more beds, 
unless replaced before that time; and
    (B) November 1, 1998, for all other establishments with fewer than 
fifty beds, unless replaced before that time.
    (ii) Telephones that are purchased, or replaced with newly acquired 
telephones, must be:
    (A) Hearing aid compatible, as defined in Sec.  68.116, after 
October 23, 1996; and
    (B) Include volume control, as defined in Sec.  68.317, on or after 
January 1, 2000.
    (iii) Unless a telephone in a confined setting is replaced pursuant 
to paragraph (b)(5)(ii) of this section, a hearing aid compatible 
telephone shall not be required if:
    (A) A telephone is both purchased and maintained by a resident for 
use in that resident's room in the establishment; or
    (B) The confined setting has an alternative means of signalling 
life-threatening or emergency situations that is available, working and 
monitored.
    (6) Telephones in hotel and motel guest rooms, and in any other 
establishment open to the general public for the purpose of overnight 
accommodation for a fee. Such telephones are required to be hearing aid 
compatible, as defined in Sec.  68.316, except that, for establishments 
with eighty or more guest rooms, the telephones are not required to be 
hearing aid compatible, as defined in Sec.  68.316, until November 1, 
1998; and for establishments with fewer than eighty guest rooms, the 
telephones are not required to be hearing

[[Page 643]]

aid compatible, as defined in Sec.  68.316, until November 1, 1999.
    (i) Anytime after October 23, 1996, if a hotel or motel room is 
renovated or newly constructed, or the telephone in a hotel or motel 
room is replaced or substantially, internally repaired, the telephone in 
that room must be:
    (A) Hearing aid compatible, as defined in Sec.  68.316, after 
October 23, 1996; and
    (B) Include volume control, as defined in Sec.  68.317, on or after 
January 1, 2000.
    (ii) The telephones in at least twenty percent of the guest rooms in 
a hotel or motel must be hearing aid compatible, as defined in Sec.  
68.316, as of April 1, 1997.
    (iii) Notwithstanding the requirements of paragraph (b)(6) of this 
section, hotels and motels which use telephones purchased during the 
period January 1, 1985 through December 31, 1989 may provide telephones 
that are hearing aid compatible, as defined in Sec.  68.316, in guest 
rooms according to the following schedule:
    (A) The telephones in at least twenty percent of the guest rooms in 
a hotel or motel must be hearing aid compatible, as defined in Sec.  
68.316, as of April 1, 1997;
    (B) The telephones in at least twenty-five percent of the guest 
rooms in a hotel or motel must be hearing aid compatible, as defined in 
Sec.  68.316, by November 1, 1999; and
    (C) The telephones in one-hundred percent of the guest rooms in a 
hotel or motel must be hearing aid compatible, as defined in Sec.  
68.316, by January 1, 2001 for establishments with eighty or more guest 
rooms, and by January 1, 2004 for establishments with fewer than eighty 
guest rooms.
    (c) Telephones frequently needed by the hearing impaired. Closed 
circuit telephones, i.e., telephones which cannot directly access the 
public switched network, such as telephones located in lobbies of hotels 
or apartment buildings; telephones in stores which are used by patrons 
to order merchandise; telephones in public transportation terminals 
which are used to call taxis or to reserve rental automobiles, need not 
be hearing aid compatible, as defined in Sec.  68.316, until replaced.

[49 FR 1362, Jan. 11, 1984, as amended at 55 FR 28763, July 13, 1990; 57 
FR 27183, June 18, 1992; 61 FR 42186, Aug. 14, 1996; 61 FR 42392, Aug. 
15, 1996; 62 FR 43484, Aug. 14, 1997; 62 FR 51064, Sep. 30, 1997]



Sec.  68.160  Designation of Telecommunication Certification Bodies (TCBs).

    (a) The Commission may recognize designated Telecommunication 
Certification Bodies (TCBs) which have been designated according to the 
requirements of paragraphs (b) or (c) of this section to certify 
equipment as required under this part. Certification of equipment by a 
TCB shall be based on an application with all the information specified 
in this part. The TCB shall process the application to determine 
compliance with the Commission's requirements and shall issue a written 
grant of equipment authorization. The grant shall identify the approving 
TCB and the Commission as the issuing authority.
    (b) In the United States, TCBs shall be accredited and designated by 
the National Institute of Standards and Technology (NIST) under its 
National Voluntary Conformity Assessment Evaluation (NVCASE) program, or 
other recognized programs based on ISO/IEC 17065:2012, to comply with 
the Commission's qualification criteria for TCBs. NIST may, in 
accordance with its procedures, allow other appropriately qualified 
accrediting bodies to accredit TCBs. TCBs shall comply with the 
requirements in Sec.  68.162 of this part.
    (c) In accordance with the terms of an effective bilateral or 
multilateral mutual recognition agreement or arrangement (MRA) to which 
the United States is a party, bodies outside the United States shall be 
permitted to authorize equipment in lieu of the Commission. A body in an 
MRA partner economy may authorize equipment to U.S. requirements only if 
that economy permits bodies in the United States to authorize equipment 
to its requirements. The authority designating these telecommunication 
certification bodies shall meet the following criteria.

[[Page 644]]

    (1) The organization accrediting the prospective telecommunication 
certification body shall be capable of meeting the requirements and 
conditions of ISO/IEC 17011:2004.
    (2) The organization assessing the telecommunication certification 
body shall appoint a team of qualified experts to perform the assessment 
covering all of the elements within the scope of accreditation. For 
assessment of telecommunications equipment, the areas of expertise to be 
used during the assessment shall include, but not be limited to, 
electromagnetic compatibility and telecommunications equipment (wired 
and wireless).
    (d) Incorporation by reference. (1) The material listed in this 
paragraph (d) is incorporated by reference in this section with the 
approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the FCC must publish a document in the 
Federal Register and the material must be available to the public. All 
approved incorporation by reference (IBR) material is available for 
inspection at the FCC and the National Archives and Records 
Administration (NARA). Contact the FCC through the Federal 
Communications Commission's Reference Information Center, phone: (202) 
418-0270. For information on the availability of this material at NARA, 
visit www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the source in 
paragraph (d)(2) of this section.
    (2) International Electrotechnical Commission (IEC), IEC Central 
Office, 3, rue de Varembe, CH-1211 Geneva 20, Switzerland, Email: 
[email protected],www.iec.ch or International Organization for 
Standardization (ISO), 1, ch. De la Voie-Creuse, CP 56, CH-1211, Geneva 
20, Switzerland; www.iso.org; Tel.: + 41 22 749 01 11; Fax: + 41 22 733 
34 30; email: [email protected] . (ISO publications can also be purchased 
from the American National Standards Institute (ANSI) through its NSSN 
operation (www.nssn.org), at Customer Service, American National 
Standards Institute, 25 West 43rd Street, New York, NY 10036, telephone 
(212) 642-4900.)
    (i) ISO/IEC 17011:2004(E), ``Conformity assessment--General 
requirements for accreditation bodies accrediting conformity assessment 
bodies,'' First Edition, 2004-09-01, IBR approved for Sec.  68.160(c).
    (ii) ISO/IEC 17065:2012(E), ``Conformity assessment--Requirements 
for bodies certifying products, processes and services,'' First Edition, 
2012-09-15.

[64 FR 4997, Feb. 2, 1999, as amended at 80 FR 33447, June 12, 2015; 85 
FR 64408, Oct. 13, 2020; 88 FR 21445, Apr. 10, 2023]



Sec.  68.162  Requirements for Telecommunication Certification Bodies.

    (a) Telecommunication certification bodies (TCBs) designated by the 
National Institute of Standards and Technology (NIST), or designated by 
another authority pursuant to an bilateral or multilateral mutual 
recognition agreement or arrangement to which the United States is a 
party, shall comply with the following requirements.
    (b) Certification methodology. (1) The certification system shall be 
based on type testing as identified in ISO/IEC 17065.
    (2) Certification shall normally be based on testing no more than 
one unmodified representative sample of each product type for which 
certification is sought. Additional samples may be requested if clearly 
warranted, such as when certain tests are likely to render a sample 
inoperative.
    (c) Criteria for designation. (1) To be designated as a TCB under 
this section, an entity shall, by means of accreditation, meet all the 
appropriate specifications in ISO/IEC 17065 for the scope of equipment 
it will certify. The accreditation shall specify the group of equipment 
to be certified and the applicable regulations for product evaluation.
    (2) The TCB shall demonstrate expert knowledge of the regulations 
for each product with respect to which the body seeks designation. Such 
expertise shall include familiarity with all applicable technical 
regulations, administrative provisions or requirements, as well as

[[Page 645]]

the policies and procedures used in the application thereof.
    (3) The TCB shall have the technical expertise and capability to 
test the equipment it will certify and shall also be accredited in 
accordance with ISO/IEC 17025 to demonstrate it is competent to perform 
such tests.
    (4) The TCB shall demonstrate an ability to recognize situations 
where interpretations of the regulations or test procedures may be 
necessary. The appropriate key certification and laboratory personnel 
shall demonstrate knowledge of how to obtain current and correct 
technical regulation interpretations. The competence of the 
telecommunication certification body shall be demonstrated by 
assessment. The general competence, efficiency, experience, familiarity 
with technical regulations and products included in those technical 
regulations, as well as compliance with applicable parts of the ISO/IEC 
17025 and ISO/IEC 17065 shall be taken into consideration.
    (5) A TCB shall participate in any consultative activities, 
identified by the Commission or NIST, to facilitate a common 
understanding and interpretation of applicable regulations.
    (6) The Commission will provide public notice of specific elements 
of these qualification criteria that will be used to accredit TCBs.
    (d) External resources. (1) In accordance with the provisions of 
ISO/IEC 1706 the evaluation of a product, or a portion thereof, may be 
performed by bodies that meet the applicable requirements of ISO/IEC 
1702 and ISO/IEC 17065, in accordance with the applicable provisions of 
ISO/IEC 17065, for external resources (outsourcing) and other relevant 
standards. Evaluation is the selection of applicable requirements and 
the determination that those requirements are met. Evaluation may be 
performed by using internal TCB resources or external (outsourced) 
resources.
    (2) A recognized TCB shall not outsource review and certification 
decision activities.
    (3) When external resources are used to provide the evaluation 
function, including the testing of equipment subject to certification, 
the TCB shall be responsible for the evaluation and shall maintain 
appropriate oversight of the external resources used to ensure 
reliability of the evaluation. Such oversight shall include periodic 
audits of products that have been tested and other activities as 
required in ISO/IEC 17065 when a certification body uses external 
resources for evaluation.
    (e) Recognition of TCBs. (1)(i) The Commission will recognize as a 
TCB any organization that meets the qualification criteria and is 
accredited and designated by NIST or its recognized accreditor as 
provided in Sec.  68.160(b).
    (ii) The Commission will recognize as a TCB any organization outside 
the United States that meets the qualification criteria and is 
designated pursuant to an bilateral or multilateral Mutual Recognition 
Agreement (MRA) as provided in Sec.  68.160(c).
    (2) The Commission will withdraw the recognition of a TCB if the 
TCB's accreditation or designation by NIST or its recognized accreditor 
is withdrawn, if the Commission determines there is just cause for 
withdrawing the recognition, or if the TCB requests that it no longer 
hold the recognition. The Commission will limit the scope of equipment 
that can be certified by a TCB if its accreditor limits the scope of its 
accreditation or if the Commission determines there is good cause to do 
so. The Commission will notify a TCB in writing of its intention to 
withdraw or limit the scope of the TCB's recognition and provide a TCB 
with at least 60 day notice of its intention to withdraw the recognition 
and provide the TCB with an opportunity to respond. In the case of a TCB 
designated and recognized pursuant to an bilateral or multilateral MRA, 
the Commission shall consult with the Office of United States Trade 
Representative (USTR), as necessary, concerning any disputes arising 
under an MRA for compliance with the Telecommunications Trade Act of 
1988 (Section 1371-1382 of the Omnibus Trade and Competitiveness Act of 
1988).
    (3) The Commission may request that a TCB's Designating Authority or 
accreditation body investigate and take appropriate corrective actions 
as required, when it has concerns or evidence that the TCB is not 
certifying

[[Page 646]]

equipment in accordance with Commission rules or ACTA requirements, and 
the Commission may initiate action to limit or withdraw the recognition 
of the TCB.
    (4) If the Commission withdraws the recognition of a TCB, all 
certifications issued by that TCB will remain valid unless specifically 
revoked by the Commission.
    (5) A list of recognized TCBs will be published by the Commission.
    (f) Scope of responsibility. (1) TCBs shall certify equipment in 
accordance with the Commission's rules and policies.
    (2) A TCB shall accept test data from any source, subject to the 
requirements in ISO/IEC 17065 and shall not unnecessarily repeat tests.
    (3) TCBs may establish and assess fees for processing certification 
applications and other tasks as required by the Commission.
    (4) A TCB may rescind a grant of certification within 30 days of 
grant for administrative errors. After that time, a grant can only be 
revoked by the Commission. A TCB shall notify both the applicant and the 
Commission when a grant is rescinded.
    (5) A TCB may not:
    (i) Grant a waiver of Commission rules or technical criteria 
published by the Administrative Council, or certify equipment for which 
Commission rules or requirements, or technical criteria do not exist, or 
for which the application of the rules or requirements, or technical 
criteria is unclear.
    (ii) Take enforcement actions.
    (6) All TCB actions are subject to Commission review.
    (g) Post-certification requirements. (1) A Telecommunications 
Certification Body shall supply a copy of each approved application form 
and grant of certification to the Administrative Council for Terminal 
Attachments.
    (2) In accordance with ISO/IEC 17065 a TCB is required to conduct 
appropriate surveillance activities. These activities shall be based on 
type testing a few samples of the total number of product types which 
the certification body has certified. Other types of surveillance 
activities of a product that has been certified are permitted provided 
they are no more onerous than testing type. The Commission may at any 
time request a list of products certified by the certification body and 
may request and receive copies of product evaluation reports. The 
Commission may also request that a TCB perform post-market surveillance, 
under Commission guidelines, of a specific product it has certified.
    (3) The Commission may request that a grantee of equipment 
certification submit a sample directly to the TCB that performed the 
original certification for evaluation. Any equipment samples requested 
by the Commission and tested by a TCB will be counted toward the minimum 
number of samples that the TCB must test.
    (4) A TCBs may request samples of equipment that they have certified 
directly from the grantee of certification.
    (5) If during, post-market surveillance of a certified product, a 
certification body determines that a product fails to comply with the 
applicable technical regulations, the certification body shall 
immediately notify the grantee and the Commission. The TCB shall provide 
a follow-up report to the Commission within 30 days of reporting the 
non-compliance by the grantee to describe the resolution or plan to 
resolve the situation.
    (6) Where concerns arise, the TCB shall provide a copy of the 
application file to the Commission within 30 calendar days of a request 
for the file made by the Commission to the TCB and the manufacturer. 
Where appropriate, the file should be accompanied by a request for 
confidentiality for any material that may qualify for confidential 
treatment under the Commission's rules. If the application file is not 
provided within 30 calendar days, a statement shall be provided to the 
Commission as to why it cannot be provided.
    (h) In the case of a dispute with respect to designation or 
recognition of a TCB and the testing or certification of products by a 
TCB, the Commission will be the final arbiter. Manufacturers and 
recognized TCBs will be afforded at least 60 days to comment before a 
decision is reached. In the case of a TCB designated or recognized, or a 
product certified pursuant to an bilateral or

[[Page 647]]

multilateral mutual recognition agreement or arrangement (MRA) to which 
the United States is a party, the Commission may limit or withdraw its 
recognition of a TCB designated by an MRA party and revoke the 
Certification of products using testing or certification provided by 
such a TCB. The Commission shall consult with the Office of the United 
States Trade Representative (USTR), as necessary, concerning any 
disputes arising under an MRA for compliance with under the 
Telecommunications Trade Act of 1988.
    (i) Incorporation by reference. The material listed in this 
paragraph (i) is incorporated by reference in this section with the 
approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the FCC must publish a document in the 
Federal Register and the material must be available to the public. All 
approved incorporation by reference (IBR) material is available for 
inspection at the FCC and the National Archives and Records 
Administration (NARA). Contact the FCC through the Federal 
Communications Commission's Reference Information Center, phone: (202) 
418-0270. For information on the availability of this material at NARA, 
visit www.archives.gov/federal-register/cfr/ibr-locations.html or email 
[email protected]. The material may be obtained from the following 
source in this paragraph (i):
    (1) International Electrotechnical Commission (IEC), IEC Central 
Office, 3, rue de Varembe,CH-1211 Geneva 20, Switzerland, Email: 
[email protected],www.iec.ch or International Organization for 
Standardization (ISO), 1, ch. De la Voie-Creuse, CP 56, CH-1211, Geneva 
20, Switzerland; www.iso.org; Tel.: + 41 22 749 01 11; Fax: + 41 22 733 
34 30; email: [email protected] . (ISO publications can also be purchased 
from the American National Standards Institute (ANSI) through its NSSN 
operation (www.nssn.org), at Customer Service, American National 
Standards Institute, 25 West 43rd Street, New York, NY 10036, telephone 
(212) 642-4900.)
    (i) ISO/IEC 17025:2005(E), ``General requirements for the competence 
of testing and calibration laboratories,'' Second Edition, 2005-05-15.
    (ii) ISO/IEC 17065:2012(E), ``Conformity assessment--Requirements 
for bodies certifying products, processes and services,'' First Edition, 
2012-09-15.
    (2) [Reserved]

[64 FR 4998, Feb. 2, 1999, as amended at 66 FR 27601, May 18, 2001; 67 
FR 57182, Sept. 9, 2002; 80 FR 33448, June 12, 2015; 85 FR 64408, Oct. 
13, 2020; 88 FR 21445, Apr. 10, 2023]

    Effective Date Note: At 88 FR 67116, Sept. 29, 2023, Sec.  68.162 
was amended by revising paragraphs (d)(1) and (i)(1) and adding note 1 
to paragraph (i), effective Oct. 30, 2023. For the convenience of the 
user, the revised and added text is set forth as follows:



Sec.  68.162  Requirements for Telecommunication Certification Bodies.

                                * * * * *

    (d) * * *
    (1) In accordance with the provisions of ISO/IEC 17065 the 
evaluation of a product, or a portion thereof, may be performed by 
bodies that meet the applicable requirements of ISO/IEC 17025 and ISO/
IEC 17065, in accordance with the applicable provisions of ISO/IEC 
17065, for external resources (outsourcing) and other relevant 
standards. Evaluation is the selection of applicable requirements and 
the determination that those requirements are met. Evaluation may be 
performed by using internal TCB resources or external (outsourced) 
resources.

                                * * * * *

    (i) * * *
    (1) International Organization for Standardization (ISO), Ch. de 
Blandonnet 8, CP 401, CH-1214 Vernier, Geneva, Switzerland; phone: + 41 
22 749 01 11; fax: + 41 22 749 09 47; email: [email protected]; website: 
www.iso.org.
    (i) ISO/IEC 17025:2017(E), General requirements for the competence 
of testing and calibration laboratories, Third Edition, November 2017.
    (ii) ISO/IEC 17065:2012(E), Conformity assessment--Requirements for 
bodies certifying products, processes and services, First Edition, 2012-
09-15.
    (2) [Reserved]
    Note 1 to paragraph (i): The standards listed in paragraphs (i) of 
this section are also available from the American National Standards 
Institute (ANSI), 25 West 43rd Street, 4th Floor, New York, NY 10036; 
phone (212) 642-4980; email [email protected]; website: https://
webstore.ansi.org/.

[[Page 648]]



            Subpart C_Terminal Equipment Approval Procedures



Sec.  68.201  Connection to the public switched telephone network.

    Terminal equipment may not be connected to the public switched 
telephone network unless it has either been certified by a 
Telecommunications Certification Body or the responsible party has 
followed all the procedures in this subpart for Supplier's Declaration 
of Conformity.

[66 FR 7583, Jan. 24, 2001]



Sec.  68.211  Terminal equipment approval revocation procedures.

    (a) Causes for revocation. The Commission may revoke the 
interconnection authorization of terminal equipment, whether that 
authorization was acquired through certification by a Telecommunications 
Certification Body or through the Supplier's Declaration of Conformity 
process in Sec. Sec.  68.320 through 68.350 of this part, where:
    (1) The equipment approval is shown to have been obtained by 
misrepresentation;
    (2) The approved equipment is shown to cause harms to the public 
switched telephone network, as defined in Sec.  68.3;
    (3) The responsible party willfully or repeatedly fails to comply 
with the terms and conditions of its equipment approval; or
    (4) The responsible party willfully or repeatedly fails to comply 
with any rule, regulation or order issued by the Commission under the 
Communications Act of 1934 relating to terminal equipment.
    (b) Notice of intent to revoke interconnection authority. Before 
revoking interconnection authority under the provisions of this section, 
the Commission, or the Enforcement Bureau under delegated authority, 
will issue a written Notice of Intent to Revoke Part 68 Interconnection 
Authority, or a Joint Notice of Apparent Liability for Forfeiture and 
Notice of Intent to Revoke Part 68 Interconnection Authority pursuant to 
Sec. Sec.  1.80 and 1.89 of this chapter.
    (c) Delivery. The notice will be sent via certified mail to the 
responsible party for the terminal equipment at issue at the address 
provided to the Administrative Council for Terminal Attachments.
    (d) Reauthorization. A product that has had its approval revoked may 
not be authorized for connection to the public switched telephone 
network for a period of six months from the date of revocation of the 
approval.
    (e) Reconsideration or appeal. A responsible party of terminal 
equipment that has had its authorization revoked and/or that has been 
assessed a forfeiture may request reconsideration or make administrative 
appeal of the decision pursuant to part 1 of the Commission's rules: 
Practice and Procedure, part 1 of this chapter.

[66 FR 7583, Jan. 24, 2001, as amended at 67 FR 13229, Mar. 21, 2002; 68 
FR 13850, Mar. 21, 2003]



Sec.  68.213  Installation of other than ``fully protected'' non-system simple customer premises wiring.

    (a) Scope of this rule. Provisions of this rule apply only to 
``unprotected'' premises wiring used with simple installations of wiring 
for up to four line residential and business telephone service. More 
complex installations of wiring for multiple line services, for use with 
systems such as PBX and key telephone systems, are controlled by Sec.  
68.215 of these rules.
    (b) Wiring authorized. Unprotected premises wiring may be used to 
connect units of terminal equipment or protective circuitry to one 
another, and to carrier-installed facilities if installed in accordance 
with these rules. The provider of wireline telecommunications is not 
responsible, except pursuant to agreement between it and the customer or 
undertakings by it, otherwise consistent with Commission requirements, 
for installation and maintenance of wiring on the subscriber's side of 
the demarcation point, including any wire or jacks that may have been 
installed by the carrier. The subscriber and/or premises owner may 
install wiring on the subscriber's side of the demarcation point, and 
may remove, reconfigure, and rearrange wiring on that side of the 
demarcation point including wiring and wiring that may have been 
installed by the carrier. The customer or premises owner may

[[Page 649]]

not access carrier wiring and facilities on the carrier's side of the 
demarcation point. Customers may not access the protector installed by 
the provider of wireline telecommunications. All plugs and jacks used in 
connection with inside wiring shall conform to the published technical 
criteria of the Administrative Council for Terminal Attachments. In 
multiunit premises with more than one customer, the premises owner may 
adopt a policy restricting a customer's access to wiring on the premises 
to only that wiring located in the customer's individual unit wiring 
that serves only that particular customer. See Sec.  68.105 in this 
part. The customer or premises owner may not access carrier wiring and 
facilities on the carrier's side of the demarcation point. Customers may 
not access the protector installed by the provider of wireline 
telecommunications. All plugs and jacks used in connection with inside 
wiring shall conform to the published technical criteria of the 
Administrative Council for Terminal Attachments.
    (c) Material requirements. (1) For new installations and 
modifications to existing installations, copper conductors shall be, at 
a minimum, solid, 24 gauge or larger, twisted pairs that comply with the 
electrical specifications for Category 3, as defined in the ANSI EIA/TIA 
Building Wiring Standards.
    (2) Conductors shall have insulation with a 1500 Volt rms minimum 
breakdown rating. This rating shall be established by covering the 
jacket or sheath with at least 15 cm (6 inches) (measured linearly on 
the cable) of conductive foil, and establishing a potential difference 
between the foil and all of the individual conductors connected 
together, such potential difference gradually increased over a 30 second 
time period to 1500 Volts rms, 60 Hertz, then applied continuously for 
one minute. At no time during this 90 second time interval shall the 
current between these points exceed 10 milliamperes peak.
    (3) All wire and connectors meeting the requirements set forth in 
paragraphs (c)(1) and (c)(2) shall be marked, in a manner visible to the 
consumer, with the symbol ``CAT 3'' or a symbol consisting of a ``C'' 
with a ``3'' contained within the ``C'' character, at intervals not to 
exceed one foot (12 inches) along the length of the wire.
    (d) Attestation. Manufacturers (or distributors or retailers, 
whichever name appears on the packaging) of non-system telephone 
premises wire shall attest in a letter to the Commission that the wire 
conforms with part 68, FCC Rules.

[49 FR 21734, May 23, 1984, as amended at 50 FR 29392, July 19, 1985; 50 
FR 47548, Nov. 19, 1985; 51 FR 944, Jan. 9, 1986; 55 FR 28630, July 12, 
1990; 58 FR 44907, Aug. 25, 1993; 62 FR 36464, July 8, 1997; 65 FR 4140, 
Jan. 26, 2000; 66 FR 7583, Jan. 24, 2001]



Sec.  68.214  Changes in other than ``fully protected'' premises
wiring that serves fewer than four subscriber access lines.

    Operations associated with the installation, connection, 
reconfiguration and removal (other than final removal) of premises 
wiring that serves fewer than four subscriber access lines must be 
performed as provided in Sec.  68.215(c) if the premises wiring is not 
``fully protected.'' For this purpose, the supervisor and installer may 
be the same person.

[66 FR 7584, Jan. 24, 2001]



Sec.  68.215  Installation of other than ``fully protected'' system
premises wiring that serves more than four subscriber access lines.

    (a) Types of wiring authorized--(1) Between equipment entities. 
Unprotected premises wiring, and protected premises wiring requiring 
acceptance testing for imbalance, may be used to connect separately-
housed equipment entities to one another.
    (2) Between an equipment entity and the public switched telephone 
network interface(s). Fully-protected premises wiring shall be used to 
connect equipment entities to the public switched telephone network 
interface unless the provider of wireline telecommunications is 
unwilling or unable to locate the interface within 7.6 meters (25 feet) 
of the equipment entity on reasonable request. In any such case, other 
than fully-protected premises wiring may be used if otherwise in 
accordance with these rules.

[[Page 650]]

    (3) Hardware protection as part of the facilities of the provider of 
wireline telecommunications. In any case where the carrier chooses to 
provide (and the customer chooses to accept, except as authorized under 
paragraph (g) of this section), hardware protection on the network side 
of the interface(s), the presence of such hardware protection will 
affect the classification of premises wiring for the purposes of Sec.  
68.215, as appropriate.
    (b) Installation personnel. Operations associated with the 
installation, connection, reconfiguration and removal (other than final 
removal of the entire premises communications system) of other than 
fully-protected premises wiring shall be performed under the supervision 
and control of a supervisor, as defined in paragraph (c) of this 
section. The supervisor and installer may be the same person.
    (c) Supervision. Operations by installation personnel shall be 
performed under the responsible supervision and control of a person who:
    (1) Has had at least six months of on-the-job experience in the 
installation of telephone terminal equipment or of wiring used with such 
equipment;
    (2) Has been trained by the registrant of the equipment to which the 
wiring is to be connected in the proper performance of any operations by 
installation personnel which could affect that equipment's continued 
compliance with these rules;
    (3) Has received written authority from the registrant to assure 
that the operations by installation personnel will be performed in such 
a manner as to comply with these rules.
    (4) Or, in lieu of paragraphs (c) (1) through (3) of this section, 
is a licensed professional engineer in the jurisdiction in which the 
installation is performed.
    (d) Workmanship and material requirements--(1) General. Wiring shall 
be installed so as to assure that there is adequate insulation of 
telephone wiring from commercial power wiring and grounded surfaces. 
Wiring is required to be sheathed in an insulating jacket in addition to 
the insulation enclosing individual conductors (see below) unless 
located in an equipment enclosure or in an equipment room with 
restricted access; it shall be assured that this physical and electrical 
protection is not damaged or abraded during placement of the wiring. Any 
intentional removal of wiring insulation (or a sheath) for connections 
or splices shall be accomplished by removing the minimum amount of 
insulation necessary to make the connection or splice, and insulation 
equivalent to that provided by the wire and its sheath shall be suitably 
restored, either by placement of the splices or connections in an 
appropriate enclosure, or equipment rooms with restricted access, or by 
using adequately-insulated connectors or splicing means.
    (2) Wire. Insulated conductors shall have a jacket or sheath with a 
1500 volt rms minimum breakdown rating, except when located in an 
equipment enclosure or an equipment room with restricted access. This 
rating shall be established by covering the jacket or sheath with at 
least 15 cm (6 in) (measured linearly on the cable) of conductive foil, 
and establishing a potential difference between the foil and all of the 
individual conductors connected together, such potential difference 
gradually increased over a 30 second time period to 1500 volts rms, 60 
Hertz, then applied continuously for one minute. At no time during this 
90 second time interval shall the current between these points exceed 10 
milliamperes peak.
    (3) Places where the jacket or sheath has been removed. Any point 
where the jacket or sheath has been removed (or is not required) shall 
be accessible for inspection. If such points are concealed, they shall 
be accessible without disturbing permanent building finish (e.g., by 
removing a cover).
    (4) Building and electrical codes. All building and electrical codes 
applicable in the jurisdiction to telephone wiring shall be complied 
with. If there are no such codes applicable to telephone wiring, Article 
800 of the 1978 National Electrical Code, entitled Communications 
Systems, and other sections of that Code incorporated therein by 
reference shall be complied with.
    (5) Limitations on electrical signals. Only signal sources that 
emanate from

[[Page 651]]

the provider of wireline telecommunications central office, or that are 
generated in equipment at the customer's premises and are ``non-
hazardous voltage sources'' as defined in the technical criteria 
published by the Administrative Council for Terminal Attachments, may be 
routed in premises telephone wiring, except for voltages for network 
control signaling and supervision that are consistent with standards 
employed by the provider of wireline telecommunications. Current on 
individual wiring conductors shall be limited to values which do not 
cause an excessive temperature rise, with due regard to insulation 
materials and ambient temperatures. The following table assumes a 45 
[deg]C temperature rise for wire sizes 22 AWG or larger, and a 40 [deg]C 
rise for wire sizes smaller than 22 AWG, for poly-vinyl chloride 
insulating materials, and should be regarded as establishing maximum 
values to be derated accordingly in specific installations where ambient 
temperatures are in excess of 25 [deg]C:

    Maximum Continuous Current Capacity of PVC Insulated Copper Wire,
                                Confined
------------------------------------------------------------------------
                                                               Maximum
                Wire size, AWG                    Circular     current,
                                                    mils       amperes
------------------------------------------------------------------------
32............................................         63.2         0.32
30............................................        100.5         0.52
28............................................        159.8         0.83
26............................................        254.1          1.3
24............................................        404.0          2.1
22............................................        642.4          5.0
20............................................         1022          7.5
18............................................         1624           10
------------------------------------------------------------------------
Note: The total current in all conductors of multiple conductor cables
  may not exceed 20% of the sum of the individual ratings of all such
  conductors.

    (6) Physical protection. In addition to the general requirements 
that wiring insulation be adequate and not damaged during placement of 
the wiring, wiring shall be protected from adverse effects of weather 
and the environment in which it is used. Where wiring is attached to 
building finish surfaces (surface wiring), it shall be suitably 
supported by means which do not affect the integrity of the wiring 
insulation.
    (e) Documentation requirements. A notarized affidavit and one copy 
thereof shall be prepared by the installation supervisor in advance of 
each operation associated with the installation, connection, 
reconfiguration and removal of other than fully-protected premises 
wiring (except when accomplished functionally using a cross-connect 
panel), except when involved with removal of the entire premises 
communications system using such wiring. This affidavit and its copy 
shall contain the following information:
    (1) The responsible supervisor's full name, business address and 
business telephone number.
    (2) The name of the registrant(s) (or manufacturer(s), if 
grandfathered equipment is involved) of any equipment to be used 
electrically between the wiring and the telephone network interface, 
which does not contain inherent protection against hazardous voltages 
and longitudinal imbalance.
    (3) A statement as to whether the supervisor complies with Sec.  
68.215(c). Training and authority under Sec.  68.215(c)(2)-(3) is 
required from the registrant (or manufacturer, if grandfathered 
equipment is involved) of the first piece of equipment electrically 
connected to the telephone network interface, other than passive 
equipments such as extensions, cross-connect panels, or adapters. In 
general, this would be the registrant (or manufacturer) of a system's 
common equipment.
    (4) The date(s) when placement and connection of the wiring will 
take place.
    (5) The business affiliation of the installation personnel.
    (6) Identification of specific national and local codes which will 
be adhered to.
    (7) The manufacturer(s); a brief description of the wire which will 
be used (model number or type); its conformance with recognized 
standards for wire if any (e.g., Underwriters Laboratories listing, 
Rural Electrification Administration listing, ``KS-'' specification, 
etc.); and a general description of the attachment of the wiring to the 
structure (e.g., run in conduit or ducts exclusively devoted to 
telephone wiring, ``fished'' through walls, surface attachment, etc.).
    (8) The date when acceptance testing for imbalance will take place.
    (9) The supervisor's signature. The notarized original shall be 
submitted

[[Page 652]]

to the provider of wireline telecommunications at least ten calendar 
days in advance of the placement and connection of the wiring. This time 
period may be changed by agreement of the provider of wireline 
telecommunications and the supervisor. The copy shall be maintained at 
the premises, available for inspection, so long as the wiring is used 
for telephone service.
    (f) Acceptance testing for imbalance. Each telephone network 
interface that is connected directly or indirectly to other than fully-
protected premises wiring shall be subjected to the acceptance test 
procedures specified in this section whenever an operation associated 
with the installation, connection, reconfiguration or removal of this 
wiring (other than final removal) has been performed.
    (1) Test procedure for two-way or outgoing lines or loops. A 
telephone instrument may be associated directly or indirectly with the 
line or loop to perform this test if one is not ordinarily available to 
it:
    (i) Lift the handset of the telephone instrument to create the off-
hook state on the line or loop under test.
    (ii) Listen for noise. Confirm that there is neither audible hum nor 
excessive noise.
    (iii) Listen for dial tone. Confirm that dial tone is present.
    (iv) Break dial tone by dialing a digit. Confirm that dial tone is 
broken as a result of dialing.
    (v) With dial tone broken, listen for audible hum or excessive 
noise. Confirm that there is neither audible hum nor excessive noise.
    (2) Test procedure for incoming-only (non-originating) lines or 
loops. A telephone instrument may be associated directly or indirectly 
with the line or loop to perform this test if one is not ordinarily 
available to it:
    (i) Terminate the line or loop under test in a telephone instrument 
in the on-hook state.
    (ii) Dial the number of the line or loop under test from another 
station, blocking as necessary other lines or loops to cause the line or 
loop under test to be reached.
    (iii) On receipt of ringing on the line or loop under test, lift the 
handset of the telephone instrument to create the off-hook state on that 
line or loop.
    (iv) Listen for audible hum or excessive noise. Confirm that there 
is neither audible hum nor excessive noise.
    (3) Failure of acceptance test procedures. Absence of dial tone 
before dialing, inability to break dial tone, or presence of audible hum 
or excessive noise (or any combination of these conditions) during test 
of two-way or outgoing lines or loops indicates failure. Inability to 
receive ringing, inability to break ringing by going off-hook, or 
presence of audible hum or excessive noise (or any combination of these 
conditions) during test of incoming-only lines or loops indicates 
failure. Upon any such failure, the failing equipment or portion of the 
premises communications system shall be disconnected from the network 
interface, and may not be reconnected until the cause of the failure has 
been isolated or removed. Any previously tested lines or loops shall be 
retested if they were in any way involved in the isolation and removal 
of the cause of the failure.
    (4) Monitoring or participation in acceptance testing by the 
provider of wireline telecommunications. The provider of wireline 
telecommunications may monitor or participate in the acceptance testing 
required under this section, in accordance with Sec.  68.215(g) of this 
part, from its central office test desk or otherwise.
    (g) Extraordinary procedures. The provider of wireline 
communications is hereby authorized to limit the subscriber's right of 
connecting approved terminal equipment or protective circuitry with 
other than fully-protected premises wiring, but solely in accordance 
with this paragraph and Sec.  68.108 of these rules.
    (1)(i) Conditions that may invoke these procedures. The 
extraordinary procedures authorized herein may only be invoked where one 
or more of the following conditions is present:
    (A) Information provided in the supervisor's affidavit gives reason 
to believe that a violation of part 68 of the FCC's rules is likely.
    (B) A failure has occurred during acceptance testing for imbalance.
    (C) Harm has occurred, and there is reason to believe that this harm 
was a

[[Page 653]]

result of wiring operations performed under this section.
    (ii) The extraordinary procedures authorized in the following 
subsections shall not be used so as to discriminate between 
installations by provider of wireline telecommunications personnel and 
installations by others. In general, this requires that any charges for 
these procedures be levied in accordance with, or analogous to, the 
``maintenance of service'' tariff provisions: If the installation proves 
satisfactory, no charge should be levied.
    (2) Monitoring or participation in acceptance testing for imbalance. 
Notwithstanding the previous sub-section, the provider of wireline 
telecommunications may monitor or participate in acceptance testing for 
imbalance at the time of the initial installation of wiring in the 
absence of the conditions listed therein; at any other time, on or more 
of the listed conditions shall be present. Such monitoring or 
participation in acceptance testing should be performed from the central 
office test desk where possible to minimize costs.
    (3) Inspection. Subject to paragraph (g)(1) of this section, the 
provider of wireline telecommunications may inspect wiring installed 
pursuant to this section, and all of the splicing and connection points 
required to be accessible by Sec.  68.215(d)(3) to determine compliance 
with this section. The user or installation supervisor shall either 
authorize the provider of wireline telecommunications to render the 
splicing and inspection points visible (e.g., by removing covers), or 
perform this action prior to the inspection. To minimize disruption of 
the premises communications system, the right of inspecting is limited 
as follows:
    (i) During initial installation of wiring:
    (A) The provider of wireline telecommunications may require 
withdrawal of up to 5 percent (measured linearly) of wiring run 
concealed in ducts, conduit or wall spaces, to determine conformance of 
the wiring to the information furnished in the affidavit.
    (B) In the course of any such inspection, the provider of wireline 
telecommunications shall have the right to inspect documentation 
required to be maintained at the premises under Sec.  68.215(e).
    (ii) After failure of acceptance testing or after harm has resulted 
from installed wiring: The provider of wireline telecommunications may 
require withdrawal of all wiring run concealed in ducts, conduit or wall 
spaces which reasonably could have caused the failure or harm, to 
determine conformance of the wiring to the information furnished in the 
affidavit.
    (iii) In the course of any such inspection, the provider of wireline 
telecommunications shall have the right to inspect documentation 
required to be maintained at the premises under Sec.  68.215(e).
    (4) Requiring the use of protective apparatus. In the event that any 
of the conditions listed in paragraph (g)(1) of this section, arises, 
and is not permanently remedied within a reasonable time period, the 
provider of wireline telecommunications may require the use of 
protective apparatus that either protects solely against hazardous 
voltages, or that protects both against hazardous voltages and 
imbalance. Such apparatus may be furnished either by the provider of 
wireline telecommunications or by the customer. This right is in 
addition to the rights of the provider of wireline telecommunications 
under Sec.  68.108.
    (5) Notice of the right to bring a complaint. In any case where the 
provider of wireline telecommunications invokes the extraordinary 
procedures of Sec.  68.215(g), it shall afford the customer the 
opportunity to correct the situation that gave rise to invoking these 
procedures, and inform the customer of the right to bring a complaint to 
the Commission pursuant to the procedures set forth in subpart E of this 
part. On complaint, the Commission reserves the right to perform any of 
the inspections authorized under this section, and to require the 
performance of acceptance tests.
    (h) Limitations on the foregoing if protected wiring requiring 
acceptance testing is used. If protected wiring is used which required 
acceptance testing, the requirements in the foregoing paragraphs of 
Sec.  68.215 are hereby limited, as follows:

[[Page 654]]

    (1) Supervision. Section 68.215(c)(2)-(3) are hereby waived. The 
supervisor is only required to have had at least six months of on-the-
job experience in the installation of telephone terminal equipment or of 
wiring used with such equipment.
    (2) Extraordinary procedures. Section 68.215(g)(3) is hereby limited 
to allow for inspection of exposed wiring and connection and splicing 
points, but not for requiring the withdrawal of wiring from wiring run 
concealed in ducts, conduit or wall spaces unless actual harm has 
occurred, or a failure of acceptance testing has not been corrected 
within a reasonable time. In addition, Sec.  68.215(g)(4) is hereby 
waived.

[43 FR 16499, Apr. 19, 1978, as amended at 44 FR 7958, Feb. 8, 1979; 47 
FR 37896, Aug. 27, 1982; 49 FR 21735, May 23, 1984; 58 FR 44907, Aug. 
25, 1993; 66 FR 7584, Jan. 24, 2001]



Sec.  68.218  Responsibility of the party acquiring equipment authorization.

    (a) In acquiring approval for terminal equipment to be connected to 
the public switched telephone network, the responsible party warrants 
that each unit of equipment marketed under such authorization will 
comply with all applicable rules and regulations of this part and with 
the applicable technical criteria of the Administrative Council for 
Terminal Attachments.
    (b) The responsible party or its agent shall provide the user of the 
approved terminal equipment the following:
    (1) Consumer instructions required to be included with approved 
terminal equipment by the Administrative Council for Terminal 
Attachments;
    (2) For a telephone that is not hearing aid-compatible, as defined 
in Sec.  68.316 of these rules:
    (i) Notice that FCC rules prohibit the use of that handset in 
certain locations; and
    (ii) A list of such locations (see Sec.  68.112).
    (c) When approval is revoked for any item of equipment, the 
responsible party must take all reasonable steps to ensure that 
purchasers and users of such equipment are notified to discontinue use 
of such equipment.

[66 FR 7585, Jan. 24, 2001]



Sec.  68.224  Notice of non-hearing aid compatibility.

    Every non-hearing aid compatible telephone offered for sale to the 
public on or after August 17, 1989, whether previously-registered, newly 
registered or refurbished shall:
    (a) Contain in a conspicuous location on the surface of its 
packaging a statement that the telephone is not hearing aid compatible, 
as is defined in Sec. Sec.  68.4(a)(3) and 68.316, or if offered for 
sale without a surrounding package, shall be affixed with a written 
statement that the telephone is not hearing aid-compatible, as defined 
in Sec. Sec.  68.4(a)(3) and 68.316; and
    (b) Be accompanied by instructions in accordance with Sec.  
68.218(b)(2).

[54 FR 21431, May 18, 1989, as amended at 61 FR 42187, Aug. 14, 1996; 83 
FR 8632, Feb. 28, 2018]



          Subpart D_Conditions for Terminal Equipment Approval

    Authority: 47 U.S.C. 154, 155, 303, 610.

    Source: 45 FR 20853, Mar. 31, 1980, unless otherwise noted.



Sec.  68.300  Labeling requirements.

    (a) Terminal equipment approved as set out in this part must be 
labeled in accordance with the requirements published by the 
Administrative Council for Terminal Attachments and with requirements of 
this part for hearing aid compatibility and volume control.
    (b) All registered telephones, including cordless telephones, as 
defined in Sec.  15.3(j) of this chapter, manufactured in the United 
States (other than for export) or imported for use in the United States, 
that are hearing aid compatible, as defined in Sec.  68.316, shall have 
the letters ``HAC'' permanently affixed thereto. ``Permanently affixed'' 
means that the label is etched, engraved, stamped, silkscreened, 
indelibly printed, or otherwise permanently marked on a permanently 
attached part of the equipment or on a nameplate of metal, plastic, or 
other material fastened to the equipment by welding, riveting, or a 
permanent adhesive. The label must be designed to last the expected 
lifetime of the equipment in the environment in which the equipment may 
be

[[Page 655]]

operated and must not be readily detachable. Telephones used with public 
mobile services or private radio services, and secure telephones, as 
defined by Sec.  68.3, are exempt from the requirement in this paragraph 
(b).

[62 FR 61664, Nov. 19, 1997, as amended at 64 FR 3048, Jan. 20, 1999; 66 
FR 7585, Jan. 24, 2001; 86 FR 23629, May 4, 2021]



Sec.  68.316  Hearing aid compatibility: Technical requirements.

    A telephone handset is hearing aid compatible for the purposes of 
this section if it complies with the following standard, published by 
the Telecommunications Industry Association, copyright 1983, and 
reproduced by permission of the Telecommunications Industry Association:

 Electronic Industries Association Recommended Standard RS-504 Magnetic 
 Field Intensity Criteria for Telephone Compatibility With Hearing Aids

[Prepared by EIA Engineering Committee TR-41 and the Hearing Industries 
            Association's Standards and Technical Committee]

                            Table of Contents

                          List of Illustrations

1 INTRODUCTION
2 SCOPE
3 DEFINITIONS
4 TECHNICAL REQUIREMENTS
4.1 General
4.2 Axial Field Intensity
4.3 Radial Field Intensity
4.4 Induced Voltage Frequency Response

Appendix A--Bibliography

                          List of Illustrations

                              Figure Number

1 Reference and Measurement Planes and Axes
2 Measurement Block Diagram
3 Probe Coil Parameters
4A Induced Voltage Frequency Response for receivers with an axial field 
          that exceeds -19 dB
4B Induced Voltage Frequency Response for receivers with an axial field 
          that exceeds -22 dB but is less than -19 dB

   Magnetic Field Intensity Criteria for Telephone Compatibility With 
                              Hearing Aids

    (From EIA Standards Proposal No. 1652, formulated under the 
cognizance of EIA TR-41 Committee on Voice Telephone Terminals and the 
Hearing Industries Association's Standards and Technical Committee.)

                             1 Introduction

    Hearing-aid users have used magnetic coupling to enable them to 
participate in telephone communications since the 1940's. Magnetic pick-
ups in hearing-aids have provided for coupling to many, but not all, 
types of telephone handsets. A major reason for incompatibility has been 
the lack of handset magnetic field intensity requirements. Typically, 
whatever field existed had been provided fortuitously rather than by 
design. More recently, special handset designs, e.g., blue grommet 
handsets associated with public telephones, have been introduced to 
provide hearing-aid coupling and trials were conducted to demonstrate 
the acceptability of such designs. It is anticipated that there will be 
an increase in the number of new handset designs in the future. A 
standard definition of the magnetic field intensity emanating from 
telephone handsets intended to provide hearing-aid coupling is needed so 
that hearing-aid manufacturers can design their product to use this 
field, which will be guaranteed in handsets which comply with this 
standard.
    1.1 This standard is one of a series of technical standards on voice 
telephone terminal equipment prepared by EIA Engineering Committee TR-
41. This document, with its companion standards on Private Branch 
Exchanges (PBX), Key Telephone Systems (KTS), Telephones and 
Environmental and Safety Considerations (Refs: A1, A2, A3 and A4) fills 
a recognized need in the telephone industry brought about by the 
increasing use in the public telephone network of equipment supplied by 
numerous manufacturers. It will be useful to anyone engaged in the 
manufacture of telephone terminal equipment and hearing-aids and to 
those purchasing, operating or using such equipment or devices.
    1.2 This standard is intended to be a living document, subject to 
revision and updating as warranted by advances in network and terminal 
equipment technology and changes in the FCC Rules and Regulations.

                                 2 Scope

    2.1 The purpose of this document is to establish formal criteria 
defining the magnetic field intensity presented by a telephone to which 
hearing aids can couple. The requirements are based on present 
telecommunications plant characteristics at the telephone interface. The 
telephone will also be subject to the applicable requirements of EIA RS-
470, Telephone Instruments with Loop Signaling for Voiceband 
Applications (Ref: A3) and the environmental requirements specified in 
EIA Standards Project PN-1361, Environmental and Safety Considerations 
for Voice Telephone Terminals, when published (Ref: A4).

[[Page 656]]

    Telephones which meet these requirements should ensure satisfactory 
service to users of magnetically coupled hearing-aids in a high 
percentage of installations, both initially and over some period of 
time, as the network grows and changes occur in telephone serving 
equipment. However, due to the wide range of customer apparatus and loop 
plant and dependent on the environment in which the telephone and 
hearing aid are used, conformance with this standard does not guarantee 
acceptable performance or interface compatibility under all possible 
operating conditions.
    2.2 A telephone complies with this standard if it meets the 
requirements in this standard when manufactured and can be expected to 
continue to meet these requirements when properly used and maintained. 
For satisfactory service a telephone needs to be capable, through the 
proper selection of equipment options, of satisfying the requirements 
applicable to its marketing area.
    2.3 The standard is intended to be in conformance with part 68 of 
the FCC Rules and Regulations, but it is not limited to the scope of 
those rules (Ref: A5).
    2.4 The signal level and method of measurement in this standard have 
been chosen to ensure reproducible results and permit comparison of 
evaluations. The measured magnetic field intensity will be approximately 
15 dB above the average level encountered in the field and the measured 
high-end frequency response will be greater than that encountered in the 
field.
    2.5 The basic accuracy and reproducibility of measurements made in 
accordance with this standard will depend primarily upon the accuracy of 
the test equipment used, the care with which the measurements are 
conducted, and the inherent stability of the devices under test.

                              3 Definitions

    This section contains definitions of terms needed for proper 
understanding and application of this standard which are not believed to 
be adequately treated elsewhere. A glossary of telephone terminology, 
which will be published as a companion volume to the series of technical 
standards on Telephone Terminals For Voiceband Applications, is 
recommended as a general reference and for definitions not covered in 
this section.
    3.1 A telephone is a terminal instrument which permits two-way, 
real-time voice communication with a distant party over a network or 
customer premises connection. It converts real-time voice and voiceband 
acoustic signals into electrical signals suitable for transmission over 
the telephone network and converts received electrical signals into 
acoustic signals. A telephone which meets the requirements of this 
standard also generates a magnetic field to which hearing-aids may 
couple.
    3.2 The telephone boundaries are the electrical interface with the 
network, PBX or KTS and the acoustic, magnetic and mechanical interfaces 
with the user. The telephone may also have an electrical interface with 
commercial power.
    3.3 A hearing aid is a personal electronic amplifying device, 
intended to increase the loudness of sound and worn to compensate for 
impaired hearing. When equipped with an optional inductive pick-up coil 
(commonly called a telecoil), a hearing aid can be used to amplify 
magnetic fields such as those from telephone receivers or induction-loop 
systems.
    3.4 The reference plane is the planar area containing points of the 
receiver-end of the handset which, in normal handset use, rest against 
the ear (see Fig 1).
    3.5 The measurement plane is parallel to, and 10 mm in front of, the 
reference plane (see Fig 1).
    3.6 The reference axis is normal to the reference plane and passes 
through the center of the receiver cap (or the center of the hole array, 
for handset types that do not have receiver caps).
    3.7 The measurement axis is parallel to the reference axis but may 
be displaced from that axis, by a maximum of 10 mm (see Fig 1). Within 
this constraint, the measurement axis may be located where the axial and 
radial field intensity measurements, are optimum with regard to the 
requirements. In a handset with a centered receiver and a circularly 
symmetrical magnetic field, the measurement axis and the reference axis 
would coincide.

[[Page 657]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.027

                        4 Technical Requirements

    4.1 General.
    These criteria apply to handsets when tested as a constituent part 
of a telephone.
    4.1.1 Three parameters descriptive of the magnetic field at points 
in the measurement plane shall be used to ascertain adequacy for 
magnetic coupling. These three parameters are intensity, direction and 
frequency response, associated with the field vector.
    4.1.2 The procedures for determining the parameter values are 
defined in the IEEE Standard Method For Measuring The Magnetic Field 
Intensity Around A Telephone Receiver (Ref: A6), with the exception that 
this EIA Recommended Standard does not require that the measurements be 
made using an equivalent loop of 2.75 km of No. 26 AWG cable, but uses a 
1250-ohm resistor in series with the battery feed instead (see Fig 2).
    4.1.3 When testing other than general purpose analog telephones, 
e.g., proprietary or digital telephones, an appropriate feed circuit and 
termination shall be used that produces equivalent test conditions.
    4.2 Axial Field Intensity.
    When measured as specified in 4.1.2, the axial component of the 
magnetic field directed along the measurement axis and located at the 
measurement plane, shall be greater than -22 dB relative to 1 A/m, for 
an input of -10 dBV at 1000 Hz (see Fig 2).

    Note: If the magnitude of the axial component exceeds -19 dB 
relative to 1 A/m, some relaxation in the frequency response is 
permitted (See 4.4.1).

    4.3 Radial Field Intensity.
    When measured as specified in 4.1.2, radial components of the 
magnetic field as measured at four points 90[deg] apart, and at a 
distance =16 mm from the measurement axis (as selected in 
4.2), shall be greater than -27 dB relative to 1 A/m, for an input of -
10 dBV at 1000 Hz (see Fig 2).
    4.4 Induced Voltage Frequency Response.
    The frequency response of the voltage induced in the probe coil by 
the axial component of the magnetic field as measured in 4.2, shall fall 
within the acceptable region of Fig 4A or Fig 4B (see 4.4.1 and 4.4.2), 
over the frequency range 300-to-3300 Hz.
    4.4.1 For receivers with an axial component which exceeds -19 dB 
relative to 1 A/m, when measured as specified in 4.1.2, the frequency 
response shall fall within the acceptable region of Fig 4A.
    4.4.2 For receivers with an axial component which is less than -19 
dB but greater than -22 dB relative to 1 A/m, when measured as specified 
in 4.1.2, the frequency response shall fall within the acceptable region 
of Fig 4B.

[[Page 658]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.028


[[Page 659]]


[GRAPHIC] [TIFF OMITTED] TC02JN91.029


[[Page 660]]


[GRAPHIC] [TIFF OMITTED] TC02JN91.030


[[Page 661]]


[GRAPHIC] [TIFF OMITTED] TC02JN91.031

Appendix A--Bibliography
    (A1) EIA Standard RS-464, Private Branch Exchange (PBX) Switching 
Equipment for Voiceband Applications.
    (A2) EIA Standard RS-478, Multi-Line Key Telephone Systems (KTS) for 
Voiceband Applications.

[[Page 662]]

    (A3) EIA Standard RS-470, Telephone Instruments with Loop Signaling 
for Voiceband Applications.
    (A4) EIA Project Number PN-1361, Environmental and Safety 
Considerations for Voice Telephone Terminals.
    (A5) Federal Communications Commission Rules and Regulations, part 
68, Connection of Terminal Equipment to the Telephone Network.
    (A6) IEEE Standard, Method for Measuring the Magnetic Field arould a 
Telephone Receiver. (to be published)

[49 FR 1363, Jan. 11, 1984, as amended at 61 FR 42187, Aug. 14, 1996]



Sec.  68.317  Hearing aid compatibility volume control: technical standards.

    (a)(1) A telephone manufactured in the United States or imported for 
use in the United States prior to February 28, 2020, complies with the 
volume control requirements of this section if it complies with:
    (i) The applicable provisions of paragraphs (b) through (g) of this 
section; or
    (ii) Paragraph (h) of this section.
    (2) A telephone manufactured in the United States or imported for 
use in the United States on or after February 28, 2020, complies with 
the volume control requirements of this section if it complies with 
paragraph (h) of this section.
    (b) An analog telephone complies with the Commission's volume 
control requirements if the telephone is equipped with a receive volume 
control that provides, through the receiver in the handset or headset of 
the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, 
when measured in terms of Receive Objective Loudness Rating (ROLR), as 
defined in paragraph 4.1.2 of ANSI/EIA-470-A-1987 (Telephone Instruments 
With Loop Signaling) . The 12 dB of gain minimum must be achieved 
without significant clipping of the test signal. The telephone also 
shall comply with the upper and lower limits for ROLR given in table 4.4 
of ANSI/EIA-470-A-1987 when the receive volume control is set to its 
normal unamplified level.

    Note 1 to paragraph (b): Paragraph 4.1.2 of ANSI/EIA-470-A-1987 
identifies several characteristics related to the receive response of a 
telephone. It is only the normal unamplified ROLR level and the change 
in ROLR as a function of the volume control setting that are relevant to 
the specification of volume control as required by this section.

    (c) The ROLR of an analog telephone shall be determined over the 
frequency range from 300 to 3300 HZ for short, average, and long loop 
conditions represented by 0, 2.7, and 4.6 km of 26 AWG nonloaded cable, 
respectively. The specified length of cable will be simulated by a 
complex impedance. (See Figure A.) The input level to the cable 
simulator shall be -10 dB with respect to 1 V open circuit from a 900 
ohm source.
    (d) A digital telephone complies with the Commission's volume 
control requirements if the telephone is equipped with a receive volume 
control that provides, through the receiver of the handset or headset of 
the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, 
when measured in terms of Receive Objective Loudness Rating (ROLR), as 
defined in paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 (Acoustic-To-Digital 
and Digital-To-Acoustic Transmission Requirements for ISDN Terminals). 
The 12 dB of gain minimum must be achieved without significant clipping 
of the test signal. The telephone also shall comply with the limits on 
the range for ROLR given in paragraph 4.3.2.2 of ANSI/EIA/TIA-579-1991 
when the receive volume control is set to its normal unamplified level.
    (e) The ROLR of a digital telephone shall be determined over the 
frequency range from 300 to 3300 Hz using the method described in 
paragraph 4.3.2.1 of ANSI/EIA/TIA-579-1991. No variation in loop 
conditions is required for this measurement since the receive level of a 
digital telephone is independent of loop length.
    (f) The ROLR for either an analog or digital telephone shall first 
be determined with the receive volume control at its normal unamplified 
level. The minimum volume control setting shall be used for this 
measurement unless the manufacturer identifies a different setting for 
the nominal volume level. The ROLR shall then be determined with the 
receive volume control at its maximum volume setting. Since ROLR is a 
loudness rating value expressed in

[[Page 663]]

dB of loss, more positive values of ROLR represent lower receive levels. 
Therefore, the ROLR value determined for the maximum volume control 
setting should be subtracted from that determined for the nominal volume 
control setting to determine compliance with the gain requirement.
    (g) The 18 dB of receive gain may be exceeded provided that the 
amplified receive capability automatically resets to nominal gain when 
the telephone is caused to pass through a proper on-hook transition in 
order to minimize the likelihood of damage to individuals with normal 
hearing.
    (h) A telephone complies with the Commission's volume control 
requirements if it is equipped with a receive volume control that 
provides, through the receiver in the handset of the telephone, at the 
loudest volume setting, a conversational gain greater than or equal to 
18 dB and less than or equal to 24 dB Conversational Gain when measured 
as described in ANSI/TIA-4965-2012 (Telecommunications--Telephone 
Terminal Equipment--Receive Volume Control Requirements for Digital and 
Analog Wireline Telephones). A minimum of 18 dB Conversational Gain must 
be achieved without significant clipping of the speech signal used for 
testing. The maximum 24 dB Conversational Gain may be exceeded if the 
amplified receive capability automatically resets to a level of not more 
than 24 dB Conversational Gain when the telephone is caused to pass 
through a proper on-hook transition, in order to minimize the likelihood 
of damage to individuals with normal hearing.
    (i) Incorporation by reference. The material listed in this 
paragraph (i) is incorporated by reference in this section with the 
approval of the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference 
(IBR) material is available for inspection at the FCC and the National 
Archives and Records Administration (NARA). Contact the FCC through the 
Federal Communications Commission's Reference Information Center, phone: 
(202) 418-0270. For information on the availability of this material at 
NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or 
email [email protected]. The material may be obtained from the 
following source in this paragraph (i):
    (1) The following standards are available from the 
Telecommunications Industry Association (TIA), 1320 North Courthouse 
Road, Suite 200, Arlington, VA 22201, (877) 413-5184, email to 
[email protected], and http://www.tiaonline.org/standards/
catalog.
    (i) Paragraph 4.1.2 (including table 4.4) of American National 
Standards Institute (ANSI) Standard ANSI/EIA-470-A-1987, Telephone 
Instruments with Loop Signaling, July 1987.
    (ii) Paragraph 4.3.2 of ANSI/EIA/TIA-579-1991, Acoustic-to-Digital 
and Digital-to-Acoustic Transmission Requirements for ISDN Terminals, 
February 1991.
    (iii) ANSI/TIA-4965-2012, Telecommunications; Telephone Terminal 
Equipment; Receive Volume Control Requirements for Digital and Analog 
Wireline Handset Terminals, approved October 19, 2012.
    (2) [Reserved]

[61 FR 42187, Aug. 14, 1996, as amended at 64 FR 60726, Nov. 8, 1999; 67 
FR 13229, Mar. 21, 2002; 69 FR 18803, Apr. 9, 2004; 83 FR 8632, Feb. 28, 
2018; 85 FR 64408, Oct. 13, 2020; 88 FR 21445, Apr. 10, 2023]



Sec.  68.318  Additional limitations.

    (a) General. Registered terminal equipment for connection to those 
services discussed below must incorporate the specified features.
    (b) Registered terminal equipment with automatic dialing capability. 
(1) Automatic dialing to any individual number is limited to two 
successive attempts. Automatic dialing equipment which employ means for 
detecting both busy and reorder signals shall be permitted an additional 
13 attempts if a busy or reorder signal is encountered on each attempt. 
The dialer shall be unable to re-attempt a call to the same number for 
at least 60 minutes following either the second or fifteenth successive 
attempt, whichever applies, unless the dialer is reactivated by either 
manual or external means. This rule does not apply to manually activated 
dialers that dial a number once following each activation.

    Note to paragraph (b)(1): Emergency alarm dialers and dialers under 
external

[[Page 664]]

computer control are exempt from these requirements.

    (2) If means are employed for detecting both busy and reorder 
signals, the automatic dialing equipment shall return to its on-hook 
state within 15 seconds after detection of a busy or reorder signal.
    (3) If the called party does not answer, the automatic dialer shall 
return to the on-hook state within 60 seconds of completion of dialing.
    (4) If the called party answers, and the calling equipment does not 
detect a compatible terminal equipment at the called end, then the 
automatic dialing equipment shall be limited to one additional call 
which is answered. The automatic dialing equipment shall comply with 
paragraphs (b)(1), (b)(2), and (b)(3) of this section for additional 
call attempts that are not answered.
    (5) Sequential dialers shall dial only once to any individual number 
before proceeding to dial another number.
    (6) Network addressing signals shall be transmitted no earlier than:
    (i) 70 ms after receipt of dial tone at the network demarcation 
point; or
    (ii) 600 ms after automatically going off-hook (for single line 
equipment that does not use dial tone detectors); or
    (iii) 70 ms after receipt of CO ground start at the network 
demarcation point.
    (c) Line seizure by automatic telephone dialing systems. Automatic 
telephone dialing systems which deliver a recorded message to the called 
party must release the called party's telephone line within 5 seconds of 
the time notification is transmitted to the system that the called party 
has hung up, to allow the called party's line to be used to make or 
receive other calls.
    (d) Telephone facsimile machines; Identification of the sender of 
the message. It shall be unlawful for any person within the United 
States to use a computer or other electronic device to send any message 
via a telephone facsimile machine unless such person clearly marks, in a 
margin at the top or bottom of each transmitted page of the message or 
on the first page of the transmission, the date and time it is sent and 
an identification of the business, other entity, or individual sending 
the message and the telephone number of the sending machine or of such 
business, other entity, or individual. If a facsimile broadcaster 
demonstrates a high degree of involvement in the sender's facsimile 
messages, such as supplying the numbers to which a message is sent, that 
broadcaster's name, under which it is registered to conduct business 
with the State Corporation Commission (or comparable regulatory 
authority), must be identified on the facsimile, along with the sender's 
name. Telephone facsimile machines manufactured on and after December 
20, 1992, must clearly mark such identifying information on each 
transmitted page.
    (e) Requirement that registered equipment allow access to common 
carriers. Any equipment or software manufactured or imported on or after 
April 17, 1992, and installed by any aggregator shall be technologically 
capable of providing consumers with access to interstate providers of 
operator services through the use of equal access codes. The terms used 
in this paragraph shall have meanings defined in Sec.  64.708 of this 
chapter (47 CFR 64.708).

[62 FR 61691, Nov. 19, 1997, as amended at 68 FR 44179, July 25, 2003]



Sec.  68.320  Supplier's Declaration of Conformity.

    (a) Supplier's Declaration of Conformity is a procedure where the 
responsible party, as defined in Sec.  68.3, makes measurements or takes 
other necessary steps to ensure that the terminal equipment complies 
with the appropriate technical standards.
    (b) The Supplier's Declaration of Conformity attaches to all items 
subsequently marketed by the responsible party which are identical, 
within the variation that can be expected to arise as a result of 
quantity production techniques, to the sample tested and found 
acceptable by the responsible party.
    (c) The Supplier's Declaration of Conformity signifies that the 
responsible party has determined that the equipment has been shown to 
comply with the applicable technical criteria if no unauthorized change 
is made in the equipment and if the equipment is properly maintained and 
operated.

[[Page 665]]

    (d) The responsible party, if different from the manufacturer, may 
upon receiving a written statement from the manufacturer that the 
equipment complies with the appropriate technical criteria, rely on the 
manufacturer or independent testing agency to determine compliance. Any 
records that the Administrative Council for Terminal Attachments 
requires the responsible party to maintain shall be in the English 
language and shall be made available to the Commission upon a request.
    (e) No person shall use or make reference to a Supplier's 
Declaration of Conformity in a deceptive or misleading manner or to 
convey the impression that such a Supplier's Declaration of Conformity 
reflects more than a determination by the responsible party that the 
device or product has been shown to be capable of complying with the 
applicable technical criteria.

[66 FR 7585, Jan. 24, 2001, as amended at 83 FR 8633, Feb. 28, 2018]



Sec.  68.321  Location of responsible party.

    The responsible party for a Supplier's Declaration of Conformity 
must designate an agent for service of process that is physically 
located within the United States.

[67 FR 57182, Sept. 9, 2002]



Sec.  68.322  Changes in name, address, ownership or control 
of responsible party.

    (a) The responsible party for a Supplier's Declaration of Conformity 
may license or otherwise authorize a second party to manufacture the 
equipment covered by the Supplier's Declaration of Conformity provided 
that the responsible party shall continue to be responsible to the 
Commission for ensuring that the equipment produced pursuant to such an 
agreement remains compliant with the appropriate standards.
    (b) In the case of transactions affecting the responsible party of a 
Supplier's Declaration of Conformity, such as a transfer of control or 
sale to another company, mergers, or transfer of manufacturing rights, 
the successor entity shall become the responsible party.

[66 FR 7586, Jan. 24, 2001]



Sec.  68.324  Supplier's Declaration of Conformity requirements.

    (a) Each responsible party shall include in the Supplier's 
Declaration of Conformity, the following information:
    (1) The identification and a description of the responsible party 
for the Supplier's Declaration of Conformity and the product, including 
the model number of the product,
    (2) A statement that the terminal equipment conforms with applicable 
technical requirements, and a reference to the technical requirements,
    (3) The date and place of issue of the declaration,
    (4) The signature, name and function of person making declaration,
    (5) A statement that the handset, if any, complies with Sec.  68.316 
of these rules (defining hearing aid compatibility), or that it does not 
comply with that section. A telephone handset which complies with Sec.  
68.316 shall be deemed a ``hearing aid-compatible telephone'' for 
purposes of Sec.  68.4.
    (6) Any other information required to be included in the Supplier's 
Declaration of Conformity by the Administrative Council of Terminal 
Attachments.
    (b) If the device that is subject to a Supplier's Declaration of 
Conformity is designed to operate in conjunction with other equipment, 
the characteristics of which can affect compliance of such device with 
part 68 rules and/or with technical criteria published by the 
Administrative Council for Terminal Attachments, then the Model 
Number(s) of such other equipment must be supplied, and such other 
equipment must also include a Supplier's Declaration of Conformity or a 
certification from a Telecommunications Certification Body.
    (c) The Supplier's Declaration of Conformity shall be included in 
the user's manual or as a separate document enclosed with the terminal 
equipment.
    (d) If terminal equipment is not subject to a Supplier's Declaration 
of Conformity, but instead contains protective circuitry that is subject 
to a Supplier's Declaration of Conformity, then

[[Page 666]]

the responsible party for the protective circuitry shall include with 
each module of such circuitry, a Supplier's Declaration of Conformity 
containing the information required under Sec.  68.340(a), and the 
responsible party of such terminal equipment shall include such 
statement with each unit of the product.
    (e) (1) The responsible party for the terminal equipment subject to 
a Supplier's Declaration of Conformity also shall provide to the 
purchaser of such terminal equipment, instructions as required by the 
Administrative Council for Terminal Attachments.
    (2) A copy of the Supplier's Declaration of Conformity shall be 
provided to the Administrative Council for Terminal Attachments along 
with any other information the Administrative Council for Terminal 
Attachments requires; this information shall be made available to the 
public.
    (3) The responsible party shall make a copy of the Supplier's 
Declaration of Conformity freely available to the general public on its 
company website. The information shall be accessible to the disabled 
community from the website. If the responsible party does not have a 
functional and reliable website, then the responsible party shall inform 
the Administrative Council for Terminal Attachments of such 
circumstances, and the Administrative Council for Terminal Attachments 
shall make a copy available on its website.
    (f) For a telephone that is not hearing aid-compatible, as defined 
in Sec.  68.316 of this part, the responsible party also shall provide 
the following in the Supplier's Declaration of Conformity:
    (1) Notice that FCC rules prohibit the use of that handset in 
certain locations; and
    (2) A list of such locations (see Sec.  68.112).

[66 FR 7586, Jan. 24, 2001]



Sec.  68.326  Retention of records.

    (a) The responsible party for a Supplier's Declaration of Conformity 
shall maintain records containing the following information:
    (1) A copy of the Supplier's Declaration of Conformity;
    (2) The identity of the testing facility, including the name, 
address, phone number and other contact information.
    (3) A detailed explanation of the testing procedure utilized to 
determine whether terminal equipment conforms to the appropriate 
technical criteria.
    (4) A copy of the test results for terminal equipment compliance 
with the appropriate technical criteria.
    (b) For each device subject to the Supplier's Declaration of 
Conformity requirement, the responsible party shall maintain all records 
required under Sec.  68.326(a) for at least ten years after the 
manufacture of said equipment has been permanently discontinued, or 
until the conclusion of an investigation or a proceeding, if the 
responsible party is officially notified prior to the expiration of such 
ten year period that an investigation or any other administrative 
proceeding involving its equipment has been instituted, whichever is 
later.

[66 FR 7586, Jan. 24, 2001]



Sec.  68.346  Description of testing facilities.

    (a) Each responsible party for equipment that is subject to a 
Supplier's Declaration of Conformity under this part, shall compile a 
description of the measurement facilities employed for testing the 
equipment. The responsible party for the Supplier's Declaration of 
Conformity shall retain a description of the measurement facilities.
    (b) The description shall contain the information required to be 
included by the Administrative Council for Terminal Attachments.

[66 FR 7586, Jan. 24, 2001]



Sec.  68.348  Changes in equipment and circuitry subject to a
Supplier's Declaration of Conformity.

    (a) No change shall be made in terminal equipment or protective 
circuitry that would result in any material change in the information 
contained in the Supplier's Declaration of Conformity Statement 
furnished to users.
    (b) Any other changes in terminal equipment or protective circuitry 
which is subject to an effective Supplier's Declaration of Conformity 
shall

[[Page 667]]

be made only by the responsible party or an authorized agent thereof, 
and the responsible party will remain responsible for the performance of 
such changes.

[66 FR 7586, Jan. 24, 2001]



Sec.  68.350  Revocation of Supplier's Declaration of Conformity.

    (a) The Commission may revoke any Supplier's Declaration of 
Conformity for cause in accordance with the provisions of this section 
or in the event changes in technical standards published by the 
Administrative Council for Terminal Attachments require the revocation 
of any outstanding Supplier's Declaration of Conformity in order to 
achieve the objectives of part 68.
    (b) Cause for revocation. In addition to the provisions in Sec.  
68.211, the Commission may revoke a Supplier's Declaration of 
Conformity:
    (1) For false statements or representations made in materials or 
responses submitted to the Commission and/or the Administrative Council 
for Terminal Attachments, or in records required to be kept by Sec.  
68.324 and the Administrative Council for Terminal Attachments.
    (2) If upon subsequent inspection or operation it is determined that 
the equipment does not conform to the pertinent technical requirements.
    (3) If it is determined that changes have been made in the equipment 
other that those authorized by this part or otherwise expressly 
authorized by the Commission.

[66 FR 7587, Jan. 24, 2001]



Sec.  68.354  Numbering and labeling requirements for terminal equipment.

    (a) Terminal equipment and protective circuitry that is subject to a 
Supplier's Declaration of Conformity or that is certified by a 
Telecommunications Certification Body shall have labels in a place and 
manner required by the Administrative Council for Terminal Attachments.
    (b) Terminal equipment labels shall include an identification 
numbering system in a manner required by the Administrative Council for 
Terminal Attachments.
    (c) If the Administrative Council for Terminal Attachments chooses 
to continue the practice of utilizing a designated ``FCC'' number, it 
shall include in its labeling requirements a warning that the Commission 
no longer directly approves or registers terminal equipment.
    (d) Labeling developed for terminal equipment by the Administrative 
Council on Terminal Attachments shall contain sufficient information for 
providers of wireline telecommunications, the Federal Communications 
Commission, and the U.S. Customs Service to carry out their functions, 
and for consumers to easily identify the responsible party of their 
terminal equipment. The numbering and labeling scheme shall be 
nondiscriminatory, creating no competitive advantage for any entity or 
segment of the industry.
    (e) FCC numbering and labeling requirements existing prior to the 
effective date of these rules shall remain unchanged until the 
Administrative Council for Terminal Attachments publishes its numbering 
and labeling requirements.

[66 FR 7587, Jan. 24, 2001, as amended at 67 FR 57182, Sept. 9, 2002]



                     Subpart E_Complaint Procedures



Sec. Sec.  68.400-68.412  [Reserved]



Sec.  68.414  Hearing aid-compatibility: Enforcement.

    Enforcement of Sec. Sec.  68.4 and 68.112 is hereby delegated to 
those states which adopt those sections and provide for their 
enforcement. The procedures followed by a state to enforce those 
sections shall provide a 30-day period after a complaint is filed, 
during which time state personnel shall attempt to resolve a dispute on 
an informal basis. If a state has not adopted or incorporated Sec. Sec.  
68.4 and 68.112, or failed to act within 6 months from the filing of a 
complaint with the state public utility commission, the Commission will 
accept such complaints. A written notification to the complainant that 
the state believes action is unwarranted is not a failure to act.

[49 FR 1368, Jan. 11, 1984]

[[Page 668]]



Sec.  68.415  Hearing aid-compatibility and volume control informal complaints.

    Persons with complaints under Sec. Sec.  68.4 and 68.112 that are 
not addressed by the states pursuant to Sec.  68.414, and all other 
complaints regarding rules in this part pertaining to hearing aid 
compatibility and volume control, may bring informal complaints as 
described in Sec.  68.416 through Sec.  68.420. All responsible parties 
of terminal equipment are subject to the informal complaint provisions 
specified in this section.

[66 FR 7587, Jan. 24, 2001]



Sec.  68.417  Informal complaints; form and content.

    (a) An informal complaint alleging a violation of hearing aid 
compatibility and/or volume control rules in this subpart may be 
transmitted to the Consumer Information Bureau by any reasonable means, 
e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), 
Internet e-mail, ASCII text, audio-cassette recording, and Braille.
    (b) An informal complaint shall include:
    (1) The name and address of the complainant;
    (2) The name and address of the responsible party, if known, or the 
manufacturer or provider against whom the complaint is made;
    (3) A full description of the terminal equipment about which the 
complaint is made;
    (4) The date or dates on which the complainant purchased, acquired 
or used the terminal equipment about which the complaint is being made;
    (5) A complete statement of the facts, including documentation where 
available, supporting the complainant's allegation that the defendant 
has failed to comply with the requirements of this subpart;
    (6) The specific relief or satisfaction sought by the complainant, 
and
    (7) The complainant's preferred format or method of response to the 
complaint by the Commission and defendant (e.g., letter, facsimile 
transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text, 
audio-cassette recording, Braille; or some other method that will best 
accommodate the complainant's disability).

[66 FR 7587, Jan. 24, 2001]



Sec.  68.418  Procedure; designation of agents for service.

    (a) The Commission shall promptly forward any informal complaint 
meeting the requirements of Sec.  68.17 to each responsible party named 
in or determined by the staff to be implicated by the complaint. Such 
responsible party or parties shall be called on to satisfy or answer the 
complaint within the time specified by the Commission.
    (b) To ensure prompt and effective service of informal complaints 
filed under this subpart, every responsible party of equipment approved 
pursuant to this part shall designate and identify one or more agents 
upon whom service may be made of all notices, inquiries, orders, 
decisions, and other pronouncements of the Commission in any matter 
before the Commission. Such designation shall be provided to the 
Commission and shall include a name or department designation, business 
address, telephone number, and, if available, TTY number, facsimile 
number, and Internet e-mail address. The Commission shall make this 
information available to the public.

[66 FR 7587, Jan. 24, 2001, as amended at 73 FR 25591, May 7, 2008]



Sec.  68.419  Answers to informal complaints.

    Any responsible party to whom the Commission or the Consumer 
Information Bureau under this subpart directs an informal complaint 
shall file an answer within the time specified by the Commission or the 
Consumer Information Bureau. The answer shall:
    (a) Be prepared or formatted in the manner requested by the 
complainant pursuant to Sec.  68.417, unless otherwise permitted by the 
Commission or the Consumer Information Bureau for good cause shown;
    (b) Describe any actions that the defendant has taken or proposes to 
take to satisfy the complaint;
    (c) Advise the complainant and the Commission or the Consumer 
Information Bureau of the nature of the defense(s) claimed by the 
defendant;

[[Page 669]]

    (d) Respond specifically to all material allegations of the 
complaint; and
    (e) Provide any other information or materials specified by the 
Commission or the Consumer Information Bureau as relevant to its 
consideration of the complaint.

[66 FR 7587, Jan. 24, 2001]



Sec.  68.420  Review and disposition of informal complaints.

    (a) Where it appears from the defendant's answer, or from other 
communications with the parties, that an informal complaint has been 
satisfied, the Commission or the Consumer Information Bureau on 
delegated authority may, in its discretion, consider the informal 
complaint closed, without response to the complainant or defendant. In 
all other cases, the Commission or the Consumer Information Bureau shall 
inform the parties of its review and disposition of a complaint filed 
under this subpart. Where practicable, this information (the nature of 
which is specified in paragraphs (b) through (d) of this section, shall 
be transmitted to the complainant and defendant in the manner requested 
by the complainant, (e.g., letter, facsimile transmission, telephone 
(voice/TRS/TTY), Internet e-mail, ASCII text, audio-cassette recording, 
or Braille).
    (b) In the event the Commission or the Consumer and Governmental 
Affairs Bureau determines, based on a review of the information provided 
in the informal complaint and the defendant's answer thereto, that no 
further action is required by the Commission or the Consumer and 
Governmental Affairs Bureau with respect to the allegations contained in 
the informal complaint, the informal complaint shall be closed and the 
complainant and defendant shall be duly informed of the reasons 
therefor. A complainant, unsatisfied with the defendant's response to 
the informal complaint and the staff decision to terminate action on the 
informal complaint, may file a complaint with the Commission or the 
Enforcement Bureau as specified in Sec. Sec.  68.400 through 68.412.
    (c) In the event the Commission or the Consumer Information Bureau 
on delegated authority determines, based on a review of the information 
presented in the informal complaint and the defendant's answer thereto, 
that a material and substantial question remains as to the defendant's 
compliance with the requirements of this subpart, the Commission or the 
Consumer Information Bureau may conduct such further investigation or 
such further proceedings as may be necessary to determine the 
defendant's compliance with the requirements of this subpart and to 
determine what, if any, remedial actions and/or sanctions are warranted.
    (d) In the event that the Commission or the Consumer Information 
Bureau on delegated authority determines, based on a review of the 
information presented in the informal complaint and the defendant's 
answer thereto, that the defendant has failed to comply with or is 
presently not in compliance with the requirements of this subpart, the 
Commission or the Consumer Information Bureau on delegated authority may 
order or prescribe such remedial actions and/or sanctions as are 
authorized under the Act and the Commission's rules and which are deemed 
by the Commission or the Consumer Information Bureau on delegated 
authority to be appropriate under the facts and circumstances of the 
case.

[66 FR 7588, Jan. 24, 2001, as amended at 67 FR 13229, Mar. 21, 2002]



Sec.  68.423  Actions by the Commission on its own motion.

    The Commission may on its own motion conduct such inquiries and hold 
such proceedings as it may deem necessary to enforce the requirements of 
this subpart. The procedures to be followed by the Commission shall, 
unless specifically prescribed in the Act and the Commission's rules, be 
such as in the opinion of the Commission will best serve the purposes of 
such inquiries and proceedings.

[66 FR 7588, Jan. 24, 2001]



                      Subpart F_ACS Telephonic CPE

    Source: 83 FR 8633, Feb. 28, 2018, unless otherwise noted.



Sec.  68.501  Authorization procedures.

    (a) Authorization required. Unless exempt from the requirements of 
Sec. Sec.  68.4

[[Page 670]]

and 68.6, ACS telephonic CPE manufactured in or imported into the United 
States after February 28, 2020, shall be certified as hearing aid 
compatible by a Telecommunications Certification Body or the responsible 
party shall follow the procedures in this part for a Supplier's 
Declaration of Conformity to establish that such CPE is hearing aid 
compatible.
    (b) Certification. The requirements of Sec. Sec.  68.160 and 68.162 
shall apply to the certification of ACS telephonic CPE as hearing aid 
compatible.
    (c) Supplier's Declaration of Conformity. The requirements of 
Sec. Sec.  68.320-68.350 (except Sec.  68.324(f)) shall apply to the use 
of the Supplier's Declaration of Conformity procedure to establish that 
ACS telephonic CPE is hearing aid compatible.
    (d) Revocation procedures. (1) The Commission may revoke the 
authorization of ACS telephonic CPE under this section, where:
    (i) The equipment approval is shown to have been obtained by 
misrepresentation;
    (ii) The responsible party willfully or repeatedly fails to comply 
with the terms and conditions of its equipment approval; or
    (iii) The responsible party willfully or repeatedly fails to comply 
with any rule, regulation or order issued by the Commission under the 
Communications Act of 1934 relating to terminal equipment.
    (2) Before revoking such authorization, the Commission, or the 
Enforcement Bureau under delegated authority, will issue a written 
Notice of Intent to Revoke part 68 Authorization, or a Joint Notice of 
Apparent Liability for Forfeiture and Notice of Intent to Revoke part 68 
Authorization, pursuant to Sec. Sec.  1.80 and 1.89 of this chapter. The 
notice will be sent to the responsible party for the equipment at issue 
at the address provided to the Administrative Council for Terminal 
Attachments. A product that has had its authorization revoked may not be 
reauthorized for a period of six months from the date of revocation of 
the approval. A responsible party for ACS telephonic CPE that has had 
its authorization revoked or that has been assessed a forfeiture, or 
both, may request reconsideration or make administrative appeal of the 
decision pursuant to part 1 of the Commission's rules: Practice and 
Procedure, part 1 of this chapter.



Sec.  68.502  Labeling, warranty, instructions, and notice of revocation of approval.

    (a) Labeling--(1) Hearing aid compatible equipment. All ACS 
telephonic CPE manufactured in the United States (other than for export) 
or imported for use in the United States after February 28, 2020, that 
is hearing aid compatible, as defined in Sec. Sec.  68.316 and 68.317, 
shall have the letters ``HAC'' permanently affixed thereto. 
``Permanently affixed'' means that the label is etched, engraved, 
stamped, silkscreened, indelibly printed, or otherwise permanently 
marked on a permanently attached part of the equipment or on a nameplate 
of metal, plastic, or other material fastened to the equipment by 
welding, riveting, or a permanent adhesive. The label must be designed 
to last the expected lifetime of the equipment in the environment in 
which the equipment may be operated and must not be readily detachable.
    (2) Non-hearing aid compatible equipment. Non-hearing aid compatible 
ACS telephonic CPE offered for sale to the public on or after February 
28, 2020, shall contain in a conspicuous location on the surface of its 
packaging a statement that the ACS telephonic CPE is not hearing aid 
compatible, as defined in Sec. Sec.  68.4(a)(3), 68.316, 68.317, or if 
offered for sale without a surrounding package, shall be affixed with a 
written statement that the telephone is not hearing aid compatible, as 
defined in Sec. Sec.  68.4(a)(3), 68.316 and 68.317; and be accompanied 
by instructions in accordance with Sec.  68.218(b)(2).
    (b) Warranty. In acquiring approval for equipment to be labeled and 
otherwise represented to be hearing aid compatible, the responsible 
party warrants that each item of equipment marketed under such 
authorization will comply with all applicable rules and regulations of 
this part and with the applicable technical criteria.
    (c) Instructions. The responsible party or its agent shall provide 
the user of the approved ACS telephonic CPE the following:

[[Page 671]]

    (1) Any consumer instructions required to be included with approved 
ACS telephonic CPE by the Administrative Council for Terminal 
Attachments;
    (2) For ACS telephonic CPE that is not hearing aid compatible, as 
defined in Sec.  68.316:
    (i) Notice that FCC rules prohibit the use of that handset in 
certain locations; and
    (ii) A list of such locations (see Sec.  68.112).
    (d) Notice of revocation. When approval is revoked for any item of 
equipment, the responsible party must take all reasonable steps to 
ensure that purchasers and users of such equipment are notified to 
discontinue use of such equipment.



Sec.  68.503  Complaint procedures.

    The complaint procedures of Sec. Sec.  68.414 through 68.423 shall 
apply to complaints regarding the hearing aid compatibility of ACS 
telephonic CPE.



Sec.  68.504  Administrative Council on Terminal Attachments.

    The database registration and labeling provisions of Sec. Sec.  
68.354, 68.610, and 68.612 shall apply to ACS telephonic CPE that is 
approved as hearing aid compatible and is manufactured in or imported to 
the United States on or after February 28, 2020. After that date, the 
information required by the Administrative Council on Terminal 
Attachments shall be submitted within 30 days after the date that the 
equipment is manufactured in or imported into the United States.



        Subpart G_Administrative Council for Terminal Attachments

    Source: 66 FR 7588, Jan. 24, 2001, unless otherwise noted.



Sec.  68.602  Sponsor of the Administrative Council for Terminal Attachments.

    (a) The Telecommunications Industry Association (TIA) and the 
Alliance for Telecommunications Industry Solutions (ATIS) jointly shall 
establish the Administrative Council for Terminal Attachment and shall 
sponsor the Administrative Council for Terminal Attachments for four 
years from the effective date of these rules. The division of duties by 
which this responsibility is executed may be a matter of agreement 
between these two parties; however, both are jointly and severally 
responsible for observing these rule provisions. After four years from 
the effective date of these rules, and thereafter on a quadrennial 
basis, the Administrative Council for Terminal Attachments may vote by 
simple majority to be sponsored by any ANSI-accredited organization.
    (b) The sponsoring organizations shall ensure that the 
Administrative Council for Terminal Attachments is populated in a manner 
consistent with the criteria of American National Standards Institute's 
Organization Method or the Standards Committee Method (and their 
successor Method or Methods as ANSI may from time to time establish) for 
a balanced and open membership.
    (c) After the Administrative Council for Terminal Attachments is 
populated, the sponsors are responsible for fulfilling secretariat 
positions as determined by the Administrative Council for Terminal 
Attachments. The Administrative Council shall post on a publicly 
available web site and make available to the public in hard copy form 
the written agreement into which it enters with the sponsor or sponsors.

[66 FR 7588, Jan. 24, 2001, as amended at 67 FR 57182, Sept. 9, 2002]



Sec.  68.604  Requirements for submitting technical criteria.

    (a) Any standards development organization that is accredited under 
the American National Standards Institute's Organization Method or the 
Standards Committee Method (and their successor Method or Methods as 
ANSI may from time to time establish) may establish technical criteria 
for terminal equipment pursuant to ANSI consensus decision-making 
procedures, and it may submit such criteria to the Administrative 
Council for Terminal Attachments.
    (b) Any ANSI-accredited standards development organization that 
develops standards for submission to the Administrative Council for 
Terminal Attachments must implement and use procedures for the 
development of

[[Page 672]]

those standards that ensure openness equivalent to the Commission 
rulemaking process.
    (c) Any standards development organization that submits standards to 
the Administrative Council for Terminal Attachments for publication as 
technical criteria shall certify to the Administrative Council for 
Terminal Attachments that:
    (1) The submitting standards development organization is ANSI-
accredited to the Standards Committee Method or the Organization Method 
(or their successor Methods as amended from time to time by ANSI);
    (2) The technical criteria that it proposes for publication do not 
conflict with any published technical criteria or with any technical 
criteria submitted and pending for publication, and
    (3) The technical criteria that it proposes for publication are 
limited to preventing harms to the public switched telephone network, 
identified in Sec.  68.3 of this part.



Sec.  68.608  Publication of technical criteria.

    The Administrative Council for Terminal Attachments shall place 
technical criteria proposed for publication on public notice for 30 
days. At the end of the 30 day public notice period, if there are no 
oppositions, the Administrative Council for Terminal Attachments shall 
publish the technical criteria.



Sec.  68.610  Database of terminal equipment.

    (a) The Administrative Council for Terminal Attachments shall 
operate and maintain a database of all approved terminal equipment. The 
database shall meet the requirements of the Federal Communications 
Commission and the U.S. Customs Service for enforcement purposes. The 
database shall be accessible by government agencies free of charge. 
Information in the database shall be readily available and accessible to 
the public, including individuals with disabilities, at nominal or no 
costs.
    (b) Responsible parties, whether they obtain their approval from a 
Telecommunications Certification Body or utilize the Supplier's 
Declaration of Conformity process, shall submit to the database 
administrator all information required by the Administrative Council for 
Terminal Attachments.
    (c) The Administrative Council for Terminal Attachments shall ensure 
that the database is created and maintained in an equitable and 
nondiscriminatory manner. The manner in which the database is created 
and maintained shall not permit any entity or segment of the industry to 
gain a competitive advantage.
    (d) The Administrative Council for Terminal Attachments shall file 
with the Commission, within 180 days of publication of these rules in 
the Federal Register, a detailed report of the structure of the 
database, including details of how the Administrative Council for 
Terminal Attachments will administer the database, the pertinent 
information to be included in the database, procedures for including 
compliance information in the database, and details regarding how the 
government and the public will access the information.



Sec.  68.612  Labels on terminal equipment.

    Terminal equipment certified by a Telecommunications Certification 
Body or approved by the Supplier's Declaration of Conformity under this 
part shall be labeled. The Administrative Council for Terminal 
Attachments shall establish appropriate labeling of terminal equipment. 
Labeling shall meet the requirements of the Federal Communications 
Commission and the U.S. Customs Service for their respective enforcement 
purposes, and of consumers for purposes of identifying the responsible 
party and model number.

[67 FR 57182, Sept. 9, 2002]



Sec.  68.614  Oppositions and appeals.

    (a) Oppositions filed in response to the Administrative Council for 
Terminal Attachments' public notice of technical criteria proposed for 
publication must be received by the Administrative Council for Terminal 
Attachments within 30 days of public notice to be considered. 
Oppositions to proposed technical criteria shall be addressed through 
the appeals procedures

[[Page 673]]

of the authoring standards development organization and of the American 
National Standards Institute. If these procedures have been exhausted, 
the aggrieved party shall file its opposition with the Commission for de 
novo review.
    (b) As an alternative, oppositions to proposed technical criteria 
may be filed directly with the Commission for de novo review within the 
30 day public notice period.



PART 69_ACCESS CHARGES--Table of Contents



                            Subpart A_General

Sec.
69.1 Application of access charges.
69.2 Definitions.
69.3 Filing of access service tariffs.
69.4 Charges to be filed.
69.5 Persons to be assessed.

                    Subpart B_Computation of Charges

69.101 General.
69.104 End user common line for non-price cap incumbent local exchange 
          carriers.
69.105 Carrier common line for non-price cap local exchange carriers.
69.106 Local switching.
69.108 Transport rate benchmark.
69.109 Information.
69.110 Entrance facilities.
69.111 Tandem-switched transport and tandem charge.
69.112 Direct-trunked transport.
69.113 Non-premium charges for MTS-WATS equivalent services.
69.114 Special access.
69.115 Special access surcharges.
69.118 Traffic sensitive switched services.
69.119 Basic service element expedited approval process.
69.120 Line information database.
69.121 Connection charges for expanded interconnection.
69.123 Density pricing zones for special access and switched transport.
69.124 Interconnection charge.
69.125 Dedicated signalling transport.
69.128 Billing name and address.
69.129 Signalling for tandem switching.
69.130 Line port costs in excess of basic analog service.
69.131 Universal service end user charges.
69.132 End user Consumer Broadband-Only Loop charge for non-price cap 
          incumbent local exchange carriers.

 Subpart C_Computation of Charges for Price Cap Local Exchange Carriers

69.151 Applicability.
69.152 End user common line for price cap local exchange carriers.
69.153 Presubscribed interexchange carrier charge (PICC).
69.154 Per-minute carrier common line charge.
69.155 Per-minute residual interconnection charge.
69.156 Marketing expenses.
69.157 Line port costs in excess of basic, analog service.
69.158 Universal service and user charges.

                Subpart D_Apportionment of Net Investment

69.301 General.
69.302 Net investment.
69.303 Information origination/termination equipment (IOT).
69.304 Subscriber line cable and wire facilities.
69.305 Carrier cable and wire facilities (C&WF).
69.306 Central office equipment (COE).
69.307 General support facilities.
69.308 [Reserved]
69.309 Other investment.
69.310 Capital leases.
69.311 Consumer Broadband-Only Loop investment.

                   Subpart E_Apportionment of Expenses

69.401 Direct expenses.
69.402 Operating taxes (Account 7200).
69.403 Marketing expenses (Account 6610).
69.404 Telephone operator services expenses in Account 6620.
69.405 Published directory expenses in Account 6620.
69.406 Local business office expenses in Account 6620.
69.407 Revenue accounting expenses in Account 6620.
69.408 All other customer services expenses in Account 6620.
69.409 Corporate operations expenses (included in Account 6720).
69.411 Other expenses.
69.412 Non participating company payments/receipts.
69.413 High cost loop support universal service fund expenses.
69.414 Lifeline assistance expenses.
69.415 Reallocation of certain transport expenses.
69.416 Consumer Broadband-Only Loop expenses.

    Subpart F_Segregation of Common Line Element Revenue Requirement

69.501 General.
69.502 Base factor allocation.

[[Page 674]]

                 Subpart G_Exchange Carrier Association

69.601 Exchange carrier association.
69.602 Board of directors.
69.603 Association functions.
69.604 Billing and collection of access charges.
69.605 Reporting and distribution of pool access revenues.
69.606 Computation of average schedule company payments.
69.607 Disbursement of Carrier Common Line residue.
69.608 Carrier Common Line hypothetical net balance.
69.609 End User Common Line hypothetical net balances.
69.610 Other hypothetical net balances.

                      Subpart H_Pricing Flexibility

69.701 Application of rules in this subpart.
69.703 Definitions.
69.705 Procedure.
69.707 Geographic scope of petition.
69.709 Dedicated transport and special access services other than 
          channel terminations between LEC end offices and customer 
          premises.
69.711 Channel terminations between LEC end offices and customer 
          premises.
69.713 Common line, traffic-sensitive, and tandem-switched transport 
          services.
69.714-69.724 [Reserved]
69.725 Attribution of revenues to particular wire centers.
69.727 Regulatory relief.
69.729 New services.
69.731 Low-end adjustment mechanism.

                    Subpart I_Business Data Services

69.801 Definitions.
69.803 Competitive market test.
69.805 Prohibition on certain non-disclosure agreement conditions.
69.807 Regulatory relief.
69.809 Low-end adjustment mechanism.

    Authority: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, 403.

    Source: 48 FR 10358, Mar. 11, 1983, unless otherwise noted.



                            Subpart A_General



Sec.  69.1  Application of access charges.

    (a) This part establishes rules for access charges for interstate or 
foreign access services provided by telephone companies on or after 
January 1, 1984.
    (b) Except as provided in Sec.  69.1(c), charges for such access 
service shall be computed, assessed, and collected and revenues from 
such charges shall be distributed as provided in this part. Access 
service tariffs shall be filed and supported as provided under part 61 
of this chapter, except as modified herein.
    (c) The following provisions of this part shall apply to telephone 
companies subject to price cap regulation only to the extent that 
application of such provisions is necessary to develop the nationwide 
average carrier common line charge, for purposes of reporting pursuant 
to Sec. Sec.  43.21 and 43.22 of this chapter, and for computing initial 
charges for new rate elements: Sec. Sec.  69.3(f), 69.106(b), 69.106(f), 
69.106(g), 69.109(b), 69.110(d), 69.111(c), 69.111(g)(1), 69.111(g)(2), 
69.111(g)(3), 69.111(l), 69.112(d), 69.114(b), 69.114(d), 69.125(b)(2), 
69.301 through 69.310, and 69.401 through 69.412. The computation of 
rates pursuant to these provisions by telephone companies subject to 
price cap regulation shall be governed by the price cap rules set forth 
in part 61 of this chapter and other applicable Commission rules and 
orders.
    (d) To the extent any provision contained in 47 CFR part 51 subparts 
H and J conflict with any provision of this part, the 47 CFR part 51 
provision supersedes the provision of this part.

[48 FR 10358, Mar. 11, 1983, as amended at 55 FR 42385, Oct. 19, 1990; 
58 FR 41189, Aug. 3, 1993; 62 FR 40463, July 29, 1997; 76 FR 73882, Nov. 
29, 2011]



Sec.  69.2  Definitions.

    For purposes of the part:
    (a) Access minutes or Access minutes of use is that usage of 
exchange facilities in interstate or foreign service for the purpose of 
calculating chargeable usage. On the originating end of an interstate or 
foreign call, usage is to be measured from the time the originating end 
user's call is delivered by the telephone company and acknowledged as 
received by the interexchange carrier's facilities connected with the 
originating exchange. On the terminating end of an interstate or foreign 
call, usage is to be measured from the time the call is received by the 
end user in the terminating exchange. Timing of usage at both the 
originating and terminating end of an interstate or foreign call shall 
terminate when the calling or called party disconnects, whichever event 
is recognized first in

[[Page 675]]

the originating and terminating end exchanges, as applicable.
    (b) Access service includes services and facilities provided for the 
origination or termination of any interstate or foreign 
telecommunication.
    (c) Annual revenue requirement means the sum of the return component 
and the expense component.
    (d) Association means the telephone company association described in 
subpart G of this part.
    (e) Big Three Expenses are the combined expense groups comprising: 
Plant Specific Operations Expense, Accounts 6110, 6120, 6210, 6220, 
6230, 6310 and 6410; Plant Nonspecific Operations Expenses, Accounts 
6510, 6530 and 6540, and Customer Operations Expenses, Accounts 6610 and 
6620.
    (f) Big Three Expense Factors are the ratios of the sum of Big Three 
Expenses apportioned to each element or category to the combined Big 
Three Expenses.
    (g) Cable and wire facilities includes all equipment or facilities 
that are described as cable and wire facilities in the Separations 
Manual and included in Account 2410.
    (h) Carrier cable and wire facilities means all cable and wire 
facilities that are not subscriber line cable and wire facilities.
    (i) Central Office Equipment or COE includes all equipment or 
facilities that are described as Central Office Equipment in the 
Separations Manual and included in Accounts 2210, 2220 and 2230.
    (j) Corporate operations expenses are included in General and 
Administrative Expenses (Account 6720).
    (k) Customer operations expenses include Marketing and Services 
expenses in Accounts 6610 and 6620, respectively.
    (l) Direct expense means expenses that are attributable to a 
particular category or categories of tangible investment described in 
subpart D of this part and includes:
    (1) Plant Specific Operations expenses in Accounts 6110, 6120, 6210, 
6220, 6230, 6310 and 6410; and
    (2) Plant Nonspecific Operations Expenses in Accounts 6510, 6530, 
6540 and 6560.
    (m) End user means any customer of an interstate or foreign 
telecommunications service that is not a carrier except that a carrier 
other than a telephone company shall be deemed to be an ``end user'' 
when such carrier uses a telecommunications service for administrative 
purposes and a person or entity that offers telecommunications services 
exclusively as a reseller shall be deemed to be an ``end user'' if all 
resale transmissions offered by such reseller originate on the premises 
of such reseller.
    (n) Entry switch means the telephone company switch in which a 
transport line or trunk terminates.
    (o) Expense component means the total expenses and income charges 
for an annual period that are attributable to a particular element or 
category.
    (p) Expenses include allowable expenses in the Uniform System of 
Accounts, part 32, apportioned to interstate or international services 
pursuant to the Separations Manual and allowable income charges 
apportioned to interstate and international services pursuant to the 
Separations Manual.
    (q) General support facilities include buildings, land, vehicles, 
aircraft, work equipment, furniture, office equipment and general 
purpose computers as described in the Separations Manual and included in 
Account 2110.
    (r) Information origination/termination equipment includes all 
equipment or facilities that are described as information origination/
termination equipment in the Separations Manual and in Account 2310 
except information origination/termination equipment that is used by 
telephone companies in their own operations.
    (s) Interexchange or the interexchange category includes services or 
facilities provided as an integral part of interstate or foreign 
telecommunications that is not described as ``access service'' for 
purposes of this part.
    (t) Level I Contributors. Telephone companies that are not 
association Common Line tariff participants, file their own Common Line 
tariffs effective April 1, 1989, and had a lower than average Common 
Line revenue requirement per minute of use in 1988 and thus were net 
contributors (i.e., had a negative net balance) to the association 
Common Line pool in 1988.

[[Page 676]]

    (u) Level I Receivers. Telephone companies that are not association 
Common Line tariff participants, file their own Common Line tariffs 
effective April 1, 1989, and had a higher than average Common Line 
revenue requirement per minute of use in 1988 and thus were net 
receivers (i.e., had a positive net balance) from the association Common 
Line Pool in 1988.
    (v) Level II Contributors. A telephone company or group of 
affiliated telephone companies with fewer than 300,000 access lines and 
less than $150 million in annual operating revenues that is not an 
association Common Line tariff participant, that files its own Common 
Line tariff effective July 1, 1990, and that had a lower than average 
Common Line revenue requirement per minute of use in 1988 and thus was a 
net contributor (i.e., had a negative net balance) to the association 
Common Line pool in 1988.
    (w) Level II Receivers. A telephone company or group of affiliated 
telephone companies with fewer than 300,000 access lines and less than 
$150 million in annual operating revenues that is not an association 
Common Line tariff participant, that files its own Common Line tariff 
effective July 1, 1990, and that had a higher than average Common Line 
revenue requirement per minute of use in 1988 and thus was a net 
receiver (i.e., had a positive net balance) from the association Common 
Line pool in 1988.
    (x) Line or Trunk includes, but is not limited to, transmission 
media such as radio, satellite, wire, cable and fiber optic cable means 
of transmission.
    (y) [Reserved]
    (z) Net investment means allowable original cost investment in 
Accounts 2001 through 2003, 1220 and the investments in nonaffiliated 
companies included in Account 1410, that has been apportioned to 
interstate and foreign services pursuant to the Separations Manual from 
which depreciation, amortization and other reserves attributable to such 
investment that has been apportioned to interstate and foreign services 
pursuant to the Separations Manual have been subtracted and to which 
working capital that is attributable to interstate and foreign services 
has been added.
    (aa) Operating taxes include all taxes in Account 7200;
    (bb) Origination of a service that is switched in a Class 4 switch 
or an interexchange switch that performs an equivalent function ends 
when the transmission enters such switch and termination of such a 
service begins when the transmission leaves such a switch, except that;
    (1) Switching in a Class 4 switch or transmission between Class 4 
switches that is not deemed to be interexchange for purposes of the 
Modified Final Judgement entered August 24, 1982, in United States v 
Western Electric Co., D.C. Civil Action No. 82-0192, will be 
``origination'' or ``termination'' for purposes of this part; and
    (2) Origination and Termination does not include the use of any part 
of a line, trunk or switch that is not owned or leased by a telephone 
company.
    (cc) Origination of any service other than a service that is 
switched in a Class 4 switch or a switch that performs an equivalent 
function ends and ``termination'' of any such service begins at a point 
of demarcation that corresponds with the point of demarcation that is 
used for a service that is switched in a Class 4 switch or a switch that 
performs an equivalent function.
    (dd) Private line means a line that is used exclusively for an 
interexchange service other than MTS, WATS or an MTS-WATS equivalent 
service, including a line that is used at the closed end of an FX WATS 
or CCSA service or any service that is substantially equivalent to a 
CCSA service.
    (ee) Public telephone is a telephone provided by a telephone company 
through which an end user may originate interstate or foreign 
telecommunications for which he pays with coins or by credit card, 
collect or third number billing procedures.
    (ff) Return component means net investment attributable to a 
particular element or category multiplied by the authorized annual rate 
of return.
    (gg) Subscriber line cable and wire facilities means all lines or 
trunks on the subscriber side of a Class 5 or end office switch, 
including lines or trunks that do not terminate in such a switch, except 
lines or trunks that connect an interexchange carrier.

[[Page 677]]

    (hh) Telephone company or Local exchange carrier as used in this 
part means an incumbent local exchange carrier as defined in section 
251(h)(1) of the 1934 Act as amended by the 1996 Act.
    (ii) Transitional support (TRS) means funds provided by telephone 
companies that are not association Common Line tariff participants, but 
were net contributors to the association Common Line pool in 1988, to 
telephone companies that are not association Common Line tariff 
participants and were net receivers from the association Common Line 
pool in 1988.
    (jj) Unit of capacity means the capability to transmit one 
conversation.
    (kk) WATS access line means a line or trunk that is used exclusively 
for WATS service.
    (ll) Equal access investment and equal access expenses mean equal 
access investment and expenses as defined for purposes of the part 36 
separations rules.
    (mm) Basic service elements are optional unbundled features that 
enhanced service providers may require or find useful in the provision 
of enhanced services, as defined in Amendments of part 69 of the 
Commission's rules relating to the Creation of Access Charge Subelements 
for Open Network Architecture, Report and Order, 6 FCC Rcd ____, CC 
Docket No. 89-79, FCC 91-186 (1991).
    (nn) Dedicated signalling transport means transport of out-of-band 
signalling information between an interexchange carrier or other 
person's common channel signalling network and a telephone company's 
signalling transport point on facilities dedicated to the use of a 
single customer.
    (oo) Direct-trunked transport means transport on circuits dedicated 
to the use of a single interexchange carrier or other person, without 
switching at the tandem,
    (1) Between the serving wire center and the end office, or
    (2) Between two customer-designated telephone company offices.
    (pp) End office means the telephone company office from which the 
end user receives exchange service.
    (qq) Entrance facilities means transport from the interexchange 
carrier or other person's point of demarcation to the serving wire 
center.
    (rr) Serving wire center means the telephone company central office 
designated by the telephone company to serve the geographic area in 
which the interexchange carrier or other person's point of demarcation 
is located.
    (ss) Tandem-switched transport means transport of traffic that is 
switched at a tandem switch--
    (1) Between the serving wire center and the end office, or
    (2) Between the telephone company office containing the tandem 
switching equipment, as described in Sec.  36.124 of this chapter, and 
the end office.

Tandem-switched transport between a serving wire center and an end 
office consists of circuits dedicated to the use of a single 
interexchange carrier or other person from the serving wire center to 
the tandem (although this dedicated link will not exist if the serving 
wire center and the tandem are located in the same place) and circuits 
used in common by multiple interexchange carriers or other persons from 
the tandem to the end office.
    (tt) [Reserved]
    (uu) Price cap regulation means the method of regulation of dominant 
carriers provided in Sec. Sec.  61.41 through 61.49 of this chapter.
    (vv) Signalling for tandem switching means the carrier 
identification code (CIC) and the OZZ code, or equivalent information 
needed to perform tandem switching functions. The CIC identifies the 
interexchange carrier and the OZZ identifies the interexchange carrier 
trunk to which traffic should be routed.
    (ww) Interstate common line support (ICLS) means funds that are 
provided pursuant to Sec.  54.901 of this chapter.

[52 FR 37309, Oct. 6, 1987]

    Editorial Note: For Federal Register citations affecting Sec.  69.2, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.govinfo.gov.



Sec.  69.3  Filing of access service tariffs.

    (a) Except as provided in paragraphs (g) and (h) of this section, a 
tariff for access service shall be filed with this Commission for a two-
year period.

[[Page 678]]

Such tariffs shall be filed with a scheduled effective date of July 1. 
Such tariff filings shall be limited to rate level changes.
    (b) The requirements imposed by paragraph (a) of this section shall 
not preclude the filing of revisions to those annual tariffs that will 
become effective on dates other than July 1.
    (c) Any access service tariff filing, the filing of any petitions 
for rejection, investigation or suspension and the filing of any 
responses to such petitions shall comply with the applicable rules of 
this Commission relating to tariff filings.
    (d) The association shall file a tariff as agent for all telephone 
companies that participate in an association tariff.
    (e) A telephone company or group of telephone companies may file a 
tariff that is not an association tariff. Such a tariff may cross-
reference the association tariff for some access elements and include 
separately computed charges of such company or companies for other 
elements. Any such tariff must comply with the requirements hereinafter 
provided:
    (1) Such a tariff must cross reference association charges for the 
Carrier Common Line and End User Common Line element or elements if such 
company or companies participate in the pooling of revenues and revenue 
requirements for such elements.
    (2) Such a tariff that cross-references an association charge for 
any end user access element must cross-reference association charges for 
all end user access elements;
    (3) Such a tariff that cross-references an association charge for 
any carrier's carrier access element other than the Carrier Common Line 
element must cross-reference association charges for all carrier's 
carrier access charges other than the Carrier Common Line element;
    (4) Except for charges subject to price cap regulation as that term 
is defined in Sec.  61.3(v) of this chapter, any charge in such a tariff 
that is not an association charge must be computed to reflect the 
combined investment and expenses of all companies that participate in 
such a charge;
    (5) A telephone company or companies that elect to file such a 
tariff for 1984 access charges shall notify AT&T on or before the 40th 
day after the release of the Commission order adopting this part;
    (6) Except as provided in paragraph (e)(12) of this section, a 
telephone company or companies that elect to file such a tariff shall 
notify the association not later than March 1 of the year the tariff 
becomes effective, if such company or companies did not file such a 
tariff in the preceding biennial period or cross-reference association 
charges in such preceding period that will be cross-referenced in the 
new tariff. A telephone company or companies that elect to file such a 
tariff not in the biennial period shall file its tariff to become 
effective July 1 for a period of one year. Thereafter, such telephone 
company or companies must file its tariff pursuant to paragraphs (f)(1) 
or (f)(2) of this section.
    (7) Such a tariff shall not contain charges for any access elements 
that are disaggregated or deaveraged within a study area that is used 
for purposes of jurisdictional separations, except as otherwise provided 
in this chapter.
    (8) Such a tariff shall not contain charges included in the billing 
and collection category.
    (9) Except as provided in paragraph (e)(12) of this section, a 
telephone company or group of affiliated telephone companies that elects 
to file its own Carrier Common Line tariff pursuant to paragraph (a) of 
this section shall notify the association not later than March 1 of the 
year the tariff becomes effective that it will no longer participate in 
the association tariff. A telephone company or group of affiliated 
telephone companies that elects to file its own Carrier Common Line 
tariff for one of its study areas shall file its own Carrier Common Line 
tariff(s) for all of its study areas.
    (10) Any data supporting a tariff that is not an association tariff 
shall be consistent with any data that the filing carrier submitted to 
the association.
    (11) Any changes in Association common line tariff participation and 
Long Term and Transitional Support resulting from the merger or 
acquisition of

[[Page 679]]

telephone properties are to be made effective on the next annual access 
tariff filing effective date following consummation of the merger or 
acquisition transaction, in accordance with the provisions of Sec.  
69.3(e)(9).
    (12)(i) A local exchange carrier, or a group of affiliated carriers 
in which at least one carrier is engaging in access stimulation, as that 
term is defined in Sec.  61.3(bbb) of this chapter, shall file its own 
access tariffs within forty-five (45) days of commencing access 
stimulation, as that term is defined in Sec.  61.3(bbb) of this chapter, 
or within forty-five (45) days of December 29, 2011 if the local 
exchange carrier on that date is engaged in access stimulation, as that 
term is defined in Sec.  61.3(bbb) of this chapter.
    (ii) Notwithstanding paragraphs (e)(6) and (e)(9) of this section, a 
local exchange carrier, or a group of affiliated carriers in which at 
least one carrier is engaging in access stimulation, as that term is 
defined in Sec.  61.3(bbb) of this chapter, must withdraw from all 
interstate access tariffs issued by the association within forty-five 
(45) days of engaging in access stimulation, as that term is defined in 
Sec.  61.3(bbb) of this chapter, or within forty-five (45) days of 
December 29, 2011 if the local exchange carrier on that date is engaged 
in access stimulation, as that term is defined in Sec.  61.3(bbb) of 
this chapter.
    (iii) Any such carrier(s) shall notify the association when it 
begins access stimulation, or on December 29, 2011 if it is engaged in 
access stimulation, as that term is defined in Sec.  61.3(bbb) of this 
chapter, on that date, of its intent to leave the association tariffs 
within forty-five (45) days.
    (iv) Notwithstanding any other provision of this part, if a rate-of-
return local exchange carrier is engaged in Access Stimulation, or a 
group of affiliated carriers in which at least one carrier is engaging 
in Access Stimulation, as defined in Sec.  61.3(bbb) of this chapter, it 
shall:
    (A) Within 45 days of commencing Access Stimulation, or within 45 
days of November 27, 2019, whichever is later, file tariff revisions 
removing from its tariff terminating switched access tandem switching 
and terminating switched access tandem transport access charges 
assessable to an Interexchange Carrier for any traffic between the 
tandem and the local exchange carrier's terminating end office or 
equivalent; and
    (B) Within 45 days of commencing Access Stimulation, or within 45 
days of November 27, 2019, whichever is later, the local exchange 
carrier shall not file a tariffed rate for terminating switched access 
tandem switching or terminating switched access tandem transport access 
charges that is assessable to an Interexchange Carrier for any traffic 
between the tandem and the local exchange carrier's terminating end 
office or equivalent.
    (f)(1) A tariff for access service provided by a telephone company 
that is required to file an access tariff pursuant to Sec.  61.38 of 
this Chapter shall be filed for a biennial period and with a scheduled 
effective date of July 1 of any even numbered year.
    (2) A tariff for access service provided by a telephone company that 
may file an access tariff pursuant to Sec.  61.39 of this Chapter shall 
be filed for a biennial period and with a scheduled effective date of 
July 1 of any odd numbered year. Any such telephone company that does 
not elect to file an access tariff pursuant to the Sec.  61.39 
procedures, and does not participate in the Association tariff, and does 
not elect to become subject to price cap regulation, must file an access 
tariff pursuant to Sec.  61.38 for a biennial period and with a 
scheduled effective date of July 1 of any even numbered year.
    (3) For purposes of computing charges for access elements other than 
Common Line elements to be effective on July 1 of any even-numbered 
year, the association may compute rate changes based upon statistical 
methods which represent a reasonable equivalent to the cost support 
information otherwise required under part 61 of this chapter.
    (g) The following rules apply to telephone company participation in 
the Association common line pool for telephone companies involved in a 
merger or acquisition.
    (1) Notwithstanding the requirements of Sec.  69.3(e)(9), any 
Association common line tariff participant that is party to a merger or 
acquisition may continue to

[[Page 680]]

participate in the Association common line tariff.
    (2) Notwithstanding the requirements of Sec.  69.3(e)(9), any 
Association common line tariff participant that is party to a merger or 
acquisition may include other telephone properties involved in the 
transaction in the Association common line tariff, provided that the net 
addition of common lines to the Association common line tariff resulting 
from the transaction in not greater than 50,000, and provided further 
that, if any common lines involved in a merger or acquisition are 
returned to the Association common line tariff, all of the common lines 
involved in the merger or acquisition must be returned to the 
Association common line tariff.
    (3) Telephone companies involved in mergers or acquisitions that 
wish to have more than 50,000 common lines reenter the Association 
common line pool must request a waiver of Sec.  69.3(e)(9). If the 
telephone company has met all other legal obligations, the waiver 
request will be deemed granted on the sixty-first (61st) day from the 
date of public notice inviting comment on the requested waiver unless:
    (i) The merger or acquisition involves one or more partial study 
areas;
    (ii) The waiver includes a request for confidentiality of some or 
all of the materials supporting the request;
    (iii) The waiver includes a request to return only a portion of the 
telephone properties involved in the transaction to the Association 
common line tariff;
    (iv) The Commission rejects the waiver request prior to the 
expiration of the sixty-day period;
    (v) The Commission requests additional time or information to 
process the waiver application prior to the expiration of the sixty-day 
period; or
    (vi) A party, in a timely manner, opposes a waiver request or seeks 
conditional approval of the waiver in response to our public notice of 
the waiver request.
    (h) Local exchange carriers subject to price cap regulation as that 
term is defined in Sec.  61.3(ee) of this chapter, shall file with this 
Commission a price cap tariff for access service for an annual period. 
Such tariffs shall be filed to meet the notice requirements of Sec.  
61.58 of this chapter, with a scheduled effective date of July 1. Such 
tariff filings shall be limited to changes in the Price Cap Indexes, 
rate level changes (with corresponding adjustments to the affected 
Actual Price Indexes and Service Band Indexes), and the incorporation of 
new services into the affected indexes as required by Sec.  61.49 of 
this chapter.
    (i) The following rules apply to the withdrawal from Association 
tariffs under the provision of paragraph (e)(6) or (e)(9) of this 
section or both by telephone companies electing to file price cap 
tariffs pursuant to paragraph (h) of this section.
    (1) In addition to the withdrawal provisions of paragraphs (e)(6) 
and (e)(9) of this section, a telephone company or group of affiliated 
companies that participates in one or more association tariffs during 
the current tariff year and that elects to file price cap tariffs or 
optional incentive regulation tariffs effective July 1 of the following 
tariff year shall notify the association by March 1 of the following 
tariff year that it is withdrawing from association tariffs, subject to 
the terms of this section, to participate in price cap regulation or 
optional incentive regulation.
    (2) The Association shall maintain records of such withdrawals 
sufficient to discharge its obligations under these Rules and to detect 
efforts by such companies or their affiliates to rejoin any Association 
tariffs in violation of the provisions of paragraph (i)(4) of this 
section.
    (3) Notwithstanding the provisions of paragraphs (e) (3), (6), and 
(9) of this section, in the event a telephone company withdraws from all 
Association tariffs for the purpose of filing price cap tariffs or 
optional incentive plan tariffs, such company shall exclude from such 
withdrawal all ``average schedule'' affiliates and all affiliates so 
excluded shall be specified in the withdrawal. However, such company may 
include one or more ``average schedule'' affiliates in price cap 
regulation or optional incentive plan regulation provided that each 
price cap or optional incentive plan affiliate relinquishes ``average 
schedule'' status and withdraws from all Association tariffs and any 
tariff filed pursuant to

[[Page 681]]

Sec.  61.39(b)(2) of this chapter. See generally Sec. Sec.  69.605(c), 
61.39(b) of this chapter; MTS and WATS Market Structure: Average 
Schedule Companies, Report and Order, 103 FCC 2d 1026-1027 (1986).
    (4) If a telephone company elects to withdraw from Association 
tariffs and thereafter becomes subject to price cap regulation as that 
term is defined in Sec.  61.3(v) of this chapter, neither such telephone 
company nor any of its withdrawing affiliates shall thereafter be 
permitted to participate in any Association tariffs.
    (j) [Reserved]

[48 FR 10358, Mar. 11, 1983]

    Editorial Note: For Federal Register citations affecting Sec.  69.3, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.govinfo.gov.



Sec.  69.4  Charges to be filed.

    (a) The end user charges for access service filed with this 
Commission shall include charges for the End User Common Line element, 
and for line port costs in excess of basic, analog service.
    (b) Except as provided in paragraphs (c), (e), and (h) of this 
section, and in Sec.  69.118, the carrier's carrier charges for access 
service filed with this Commission shall include charges for each of the 
following elements:
    (1) [Reserved]
    (2) Carrier common line, provided that after June 30, 2003, non-
price cap local exchange carriers may not assess a carrier common line 
charge;
    (3) Local switching;
    (4) Information;
    (5) Tandem-switched transport;
    (6) Direct-trunked transport;
    (7) Special access; and
    (8) Line information database;
    (9) Entrance facilities.
    (c) [Reserved]
    (d) Recovery of Contributions to the Universal Service Support 
Mechanisms by Incumbent Local Exchange Carriers.
    (1) [Reserved]
    (2)(i) Local exchange carriers may recover their contributions to 
the universal service support mechanisms only through explicit, 
interstate, end-user charges assessed pursuant to either Sec.  69.131 or 
Sec.  69.158 that are equitable and nondiscriminatory.
    (ii) Local exchange carriers may not recover any of their 
contributions to the universal service support mechanisms through access 
charges imposed on interexchange carriers.
    (e) The carrier's carrier charges for access service filed with this 
Commission by the telephone companies specified in Sec.  64.1401(a) of 
this chapter shall include an element for connection charges for 
expanded interconnection. The carrier's carrier charges for access 
service filed with this Commission by the telephone companies not 
specified in Sec.  64.1401(a) of this chapter may include an element for 
connection charges for expanded interconnection.
    (f) [Reserved]
    (g) Local exchange carriers may establish appropriate rate elements 
for a new service, within the meaning of Sec.  61.3(x) of this chapter, 
in any tariff filing.
    (h) In addition to the charges specified in paragraph (b) of this 
section, the carrier's carrier charges for access service filed with 
this Commission by price cap local exchange carriers shall include 
charges for each of the following elements:
    (1) Presubscribed interexchange carrier;
    (2) Per-minute residual interconnection;
    (3) Dedicated local switching trunk port;
    (4) Shared local switching trunk pork;
    (5) Dedicated tandem switching trunk port;
    (6) [Reserved]
    (7) Multiplexers associated with tandem switching.
    (i) Paragraphs (b) and (h) of this section are not applicable to a 
price cap local exchange carrier to the extent that it has been granted 
the pricing flexibility in Sec.  69.727(b)(1).
    (j) In addition to the charges specified in paragraph (b) of this 
section, the carrier's carrier charges for access service filed with 
this Commission by non-price cap local exchange carriers may include 
charges for each of the following elements:
    (1) Dedicated local switching trunk port;
    (2) Shared local switching trunk port;

[[Page 682]]

    (3) Dedicated tandem switching trunk port;
    (4) Multiplexers associated with tandem switching;
    (5) DS1/voice grade multiplexers associated with analog switches; 
and
    (6) Per-message call setup.
    (k) A non-price cap incumbent local exchange carrier may include a 
charge for the Consumer Broadband-Only Loop.
    (l) Notwithstanding paragraph (b)(5) of this section, a competitive 
local exchange carrier or a rate-of-return local exchange carrier 
engaged in Access Stimulation, as defined in Sec.  61.3(bbb) of this 
chapter, the Intermediate Access Provider it subtends, or an 
Intermediate Access Provider that delivers traffic directly or 
indirectly to an IPES Provider engaged in Access Stimulation, as defined 
in Sec.  61.3(bbb) of this chapter, shall not bill an Interexchange 
Carrier, as defined in Sec.  61.3(bbb) of this chapter, for interstate 
or intrastate terminating switched access tandem switching or 
terminating switched access tandem transport charges for any traffic 
between such competitive local exchange carrier's, such rate-of-return 
local exchange carrier's, or such IPES Provider's terminating end office 
or equivalent and the associated access tandem switch.

[48 FR 43017, Sept. 21, 1983]

    Editorial Note: For Federal Register citations affecting Sec.  69.4, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.govinfo.gov.



Sec.  69.5  Persons to be assessed.

    (a) End user charges shall be computed and assessed upon public end 
users, and upon providers of public telephones, as defined in this 
subpart, and as provided in subpart B of this part.
    (b) Carrier's carrier charges shall be computed and assessed upon 
all Interexchange Carriers that use local exchange switching facilities 
for the provision of interstate or foreign telecommunications services, 
except that:
    (1) Competitive local exchange carriers and rate-of-return local 
exchange carriers shall not assess terminating interstate or intrastate 
switched access tandem switching or terminating switched access tandem 
transport charges described in Sec.  69.4(b)(5) on Interexchange 
Carriers when the terminating traffic is destined for a competitive 
local exchange carrier, or a rate-of-return local exchange carrier, or 
is destined, directly or indirectly, for an IPES Provider, where such 
carrier or Provider is engaged in Access Stimulation, as that term is 
defined in Sec.  61.3(bbb) of this chapter, consistent with the 
provisions of Sec.  61.26(g)(3) of this chapter and Sec.  
69.3(e)(12)(iv).
    (2) Intermediate Access Providers shall not assess terminating 
interstate or intrastate switched access tandem switching or terminating 
switched access tandem transport charges described in Sec.  69.4(b)(5) 
on Interexchange Carriers when the terminating traffic is destined for a 
competitive local exchange carrier, or a rate-of-return local exchange 
carrier, or is destined, directly or indirectly, for an IPES Provider, 
where such carrier or Provider is engaged in Access Stimulation, as that 
term is defined in Sec.  61.3(bbb) of this chapter, consistent with the 
provisions of Sec.  61.26(g)(3) of this chapter and Sec.  
69.3(e)(12)(iv).
    (c) Special access surcharges shall be assessed upon users of 
exchange facilities that interconnect these facilities with means of 
interstate or foreign telecommunications to the extent that carrier's 
carrier charges are not assessed upon such interconnected usage. As an 
interim measure pending the development of techniques accurately to 
measure such interconnected use and to assess such charges on a 
reasonable and non-discriminatory basis, telephone companies shall 
assess special access surcharges upon the closed ends of private line 
services and WATS services pursuant to the provisions of Sec.  69.115 of 
this part.
    (d) [Reserved]

[48 FR 43017, Sept. 21, 1983, as amended at 51 FR 10840, Mar. 31, 1986; 
51 FR 33752, Sept. 23, 1986; 52 FR 21540, June 8, 1987; 54 FR 50624, 
Dec. 8, 1989; 61 FR 65364, Dec. 12, 1996; 64 FR 60359, Nov. 5, 1999; 84 
FR 57652, Oct. 28, 2019; 88 FR 35764, June 1, 2023]

[[Page 683]]



                    Subpart B_Computation of Charges



Sec.  69.101  General.

    Except as provided in Sec.  69.1 and subpart C of this part, charges 
for each access element shall be computed and assessed as provided in 
this subpart.

[55 FR 42386, Oct. 19, 1990]



Sec.  69.104  End user common line for non-price cap incumbent
local exchange carriers.

    (a) This section is applicable only to incumbent local exchange 
carriers that are not subject to price cap regulation as that term is 
defined in Sec.  61.3(ee) of this chapter. A charge that is expressed in 
dollars and cents per line per month shall be assessed upon end users 
that subscribe to local exchange telephone service or Centrex service to 
the extent they do not pay carrier common line charges. A charge that is 
expressed in dollars and cents per line per month shall be assessed upon 
providers of public telephones. Such charges shall be assessed for each 
line between the premises of an end user, or public telephone location, 
and a Class 5 office that is or may be used for local exchange service 
transmissions.
    (b) Charges to multi-line subscribers shall be computed by 
multiplying a single line rate by the number of lines used by such 
subscriber.
    (c) Until December 31, 2001, except as provided in paragraphs (d) 
through (h) of this section, the single-line rate or charge shall be 
computed by dividing one-twelfth of the projected annual revenue 
requirement for the End User Common Line element by the projected 
average number of local exchange service subscriber lines in use during 
such annual period.
    (d)(1) Until December 31, 2001, if the monthly charge computed in 
accordance with paragraph (c) of this section exceeds $6, the charge for 
each local exchange service subscriber line, except a residential line, 
a single-line business line, or a line used for Centrex-CO service that 
was in place or on order as of July 27, 1983, shall be $6.
    (2) Until December 31, 2001, the charge for each subscriber line 
associated with a public telephone shall be equal to the monthly charge 
computed in accordance with paragraph (d)(1) of this section.
    (e) Until December 31, 2001, the monthly charge for each residential 
and single-line business local exchange service subscriber shall be the 
charge computed in accordance with paragraph (c) of this section, or 
$3.50, whichever is lower.
    (f) Except as provided in Sec.  54.403 of this chapter, the charge 
for each residential local exchange service subscriber line shall be the 
same as the charge for each single-line business local exchange service 
subscriber line.
    (g) A line shall be deemed to be a residential line if the 
subscriber pays a rate for such line that is described as a residential 
rate in the local exchange service tariff.
    (h) A line shall be deemed to be a single line business line if the 
subscriber pays a rate that is not described as a residential rate in 
the local exchange service tariff and does not obtain more than one such 
line from a particular telephone company.
    (i) The End User Common Line charge for each multi-party subscriber 
shall be assessed as if such subscriber had subscribed to single-party 
service.
    (j)-(l) [Reserved]
    (m) No charge shall be assessed for any WATS access line.
    (n)(1) Except as provided in paragraphs (r) and (s) of this section, 
the maximum monthly charge for each residential or single-line business 
local exchange service subscriber line shall be the lesser of:
    (i) One-twelfth of the projected annual revenue requirement for the 
End User Common Line element divided by the projected average number of 
local exchange service subscriber lines in use during such annual 
period; or
    (ii) $6.50.
    (2) In the event that GDP-PI exceeds 6.5% or is less than 0%, the 
maximum monthly charge in paragraph (n)(1)(ii) of this section will be 
adjusted in the same manner as the adjustment in Sec.  69.152(d)(2).
    (o)(1) Except as provided in paragraphs (r) and (s) of this section, 
the maximum monthly End User Common Line Charge for multi-line business 
lines will be the lesser of:

[[Page 684]]

    (i) $9.20; or
    (ii) One-twelfth of the projected annual revenue requirement for the 
End User Common Line element divided by the projected average number of 
local exchange service subscriber lines in use during such annual 
period;
    (2) In the event that GDP-PI is greater than 6.5% or is less than 
0%, the maximum monthly charge in paragraph (o)(1)(i) of this section 
will be adjusted in the same manner as the adjustment in Sec.  
69.152(k)(2).
    (p) Beginning January 1, 2002, non-price cap local exchange carriers 
shall assess:
    (1) No more than one End User Common Line charge as calculated under 
the applicable method under paragraph (n) of this section for Basic Rate 
Interface integrated services digital network (ISDN) service.
    (2) No more than five End User Common Line charges as calculated 
under paragraph (o) of this section for Primary Rate Interface ISDN 
service.
    (q) In the event a non-price cap local exchange carrier charges less 
than the maximum End User Common Line charge for any subscriber lines, 
the carrier may not recover the difference between the amount collected 
and the maximum from carrier common line charges, Interstate Common Line 
Support, or Long Term Support.
    (r) End User Common Line charge deaveraging. Beginning on January 1, 
2002, non-price cap local exchange carriers may geographically deaverage 
End User Common Line charges subject to the following conditions.
    (1) In order for a non-price cap local exchange carrier to be 
allowed to deaverage End User Common Line charges within a study area, 
the non-price cap local exchange carrier must have:
    (i) State commission-approved geographically deaveraged rates for 
UNE loops within that study area; or
    (ii) A universal service support disaggregation plan established 
pursuant to Sec.  54.315 of this chapter.
    (2) All geographic deaveraging of End User Common Line charges by 
customer class within a study area must be according to the state 
commission-approved UNE loop zone, or the universal service support 
disaggregation plan established pursuant to Sec.  54.315 of this 
chapter.
    (3) Within a given zone, Multi-line Business End User Common Line 
rates cannot fall below Residential and Single-Line Business rates.
    (4) For any given class of customer in any given zone, the End User 
Common Line Charge in that zone must be greater than or equal to the End 
User Common Line charge in the zone with the next lower cost per line.
    (5) A non-price cap local exchange carrier shall not receive more 
through deaveraged End User Common Line charges than it would have 
received if it had not deaveraged its End User Common Line charges.
    (6) Maximum charge. The maximum zone deaveraged End User Common Line 
Charge that may be charged in any zone is the applicable cap specified 
in paragraphs (n) or (o) of this section.
    (7) Voluntary Reductions. A ``Voluntary Reduction'' is one in which 
the non-price cap local exchange carrier charges End User Common Line 
rates below the maximum charges specified in paragraphs (n)(1) or (o)(1) 
of this section other than through offset of net increases in End User 
Common Line charge revenues or through increases in other zone 
deaveraged End User Common Line charges.
    (s) End User Common Line Charges for incumbent local exchange 
carriers not subject to price cap regulation that elect model-based 
support pursuant to Sec.  54.311 of this chapter or Alaska Plan support 
pursuant to Sec.  54.306 of this chapter are limited as follows:
    (1) The maximum charge a non-price cap local exchange carrier that 
elects model-based support pursuant to Sec.  54.311 of this chapter or 
Alaska Plan support pursuant to Sec.  54.306 of this chapter may assess 
for each residential or single-line business local exchange service 
subscriber line is the rate in effect on the last day of the month 
preceding the month for which model-based support or Alaska Plan 
support, as applicable, is first provided.
    (2) The maximum charge a non-price cap local exchange carrier that 
elects model-based support pursuant to Sec.  54.311 of this chapter or 
Alaska Plan support pursuant to Sec.  54.306 of this chapter may assess 
for each multi-line

[[Page 685]]

business local exchange service subscriber line is the rate in effect on 
the last day of the month preceding the month for which model-based 
support or Alaska Plan support, as applicable, is first provided.

[48 FR 10358, Mar. 11, 1983, as amended at 48 FR 43018, Sept. 21, 1983; 
52 FR 21540, June 8, 1987; 53 FR 28395, July 28, 1988; 61 FR 65364, Dec. 
12, 1996; 62 FR 31933, June 11, 1997; 62 FR 32962, June 17, 1997; 66 FR 
59730, Nov. 30, 2001; 81 FR 24345, Apr. 25, 2016; 81 FR 69716, Oct. 7, 
2016]



Sec.  69.105  Carrier common line for non-price cap local exchange carriers.

    (a) This section is applicable only to local exchange carriers that 
are not subject to price cap regulation as that term is defined in Sec.  
61.3(ee) of this chapter. Until June 30, 2003, a charge that is 
expressed in dollars and cents per line per access minute of use shall 
be assessed upon all interexchange carriers that use local exchange 
common line facilities for the provision of interstate or foreign 
telecommunications services, except that the charge shall not be 
assessed upon interexchange carriers to the extent they resell MTS or 
MTS-type services of other common carriers (OCCs).
    (b)(1) For purposes of this section and Sec.  69.113:
    (i) A carrier or other person shall be deemed to receive premium 
access if access is provided through a local exchange switch that has 
the capability to provide access for an MTS-WATS equivalent service that 
is substantially equivalent to the access provided for MTS or WATS, 
except that access provided for an MTS-WATS equivalent service that does 
not use such capability shall not be deemed to be premium access until 
six months after the carrier that provides such MTS-WATS equivalent 
service receives actual notice that such equivalent access is or will be 
available at such switch;
    (ii) The term open end of a call describes the origination or 
termination of a call that utilizes exchange carrier common line plant 
(a call can have no, one, or two open ends); and
    (iii) All open end minutes on calls with one open end (e.g., an 800 
or FX call) shall be treated as terminating minutes.
    (2) For association Carrier Common Line tariff participants:
    (i) The premium originating Carrier Common Line charge shall be one 
cent per minute, except as described in Sec.  69.105(b)(3), and
    (ii) The premium terminating Carrier Common Line charge shall be 
computed as follows:
    (A) For each telephone company subject to price cap regulation, 
multiply the company's proposed premium originating rate by a number 
equal to the sum of the premium originating base period minutes and a 
number equal to 0.45 multiplied by the non-premium originating base 
period minutes of that telephone company;
    (B) For each telephone company subject to price cap regulation, 
multiply the company's proposed premium terminating rate by a number 
equal to the sum of the premium terminating base period minutes and a 
number equal to 0.45 multiplied by the non-premium terminating base 
period minutes of that telephone company;
    (C) Sum the numbers computed in paragraphs (b)(2)(ii) (A) and (B) of 
this section for all companies subject to price cap regulation;
    (D) From the number computed in paragraph (b)(2)(ii)(C) of this 
section, subtract a number equal to one cent times the sum of the 
premium originating base period minutes and a number equal to 0.45 
multiplied by the non-premium originating base period minutes of all 
telephone companies subject to price cap regulation, and;
    (E) Divide the number computed in paragraph (b)(2)(ii)(D) of this 
section by the sum of the premium terminating base period minutes and a 
number equal to 0.45 multiplied by the non-premium terminating base 
period minutes of all telephone companies subject to price cap 
regulation.
    (3) If the calculations described in Sec.  69.105(b)(2) result in a 
per minute charge on premium terminating minutes that is less than once 
cent, both the originating and terminating premium charges for the 
association CCL tariff participants shall be computed by dividing the 
number computed in paragraph (b)(2)(ii)(C) of this section by a number 
equal to the sum of the premium originating and terminating base

[[Page 686]]

period minutes and a number equal to 0.45 multiplied by the sum of the 
non-premium originating and terminating base period minutes of all 
telephone companies subject to price cap regulation.
    (4) The Carrier Common Line charges of telephone companies that are 
not association Carrier Common Line tariff participants shall be 
computed at the level of Carrier Common Line access element aggregation 
selected by such telephone companies pursuant to Sec.  69.3(e)(7). For 
each such Carrier Common Line access element tariff--
    (i) The premium originating Carrier Common Line charge shall be one 
cent per minute, and
    (ii) The premium terminating Carrier Common Line charge shall be 
computed by subtracting the projected revenues generated by the 
originating Carrier Common Line charges (both premium and non-premium) 
from the Carrier Common Line revenue requirement for the companies 
participating in that tariff, and dividing the remainder by the sum of 
the projected premium terminating minutes and a number equal to .45 
multiplied by the projected non-premium terminating minutes for such 
companies.
    (5) If the calculations described in Sec.  69.105(b)(4) result in a 
per minute charge on premium terminating minutes that is less than one 
cent, both the originating and terminating premium charges for the 
companies participating in said Carrier Common Line tariff shall be 
computed by dividing the projected Carrier Common Line revenue 
requirement for such companies by the sum of the projected premium 
minutes and a number equal to .45 multiplied by the projected non-
premium minutes for such companies.
    (6) Telephone companies that are not association Carrier Common Line 
tariff participants shall submit to the Commission and to the 
association whatever data the Commission shall determine are necessary 
to calculate the charges described in this section.
    (c) Any interexchange carrier shall receive a credit for Carrier 
Common Line charges to the extent that it resells services for which 
these charges have already been assessed (e.g., MTS or MTS-type service 
of other common carriers).
    (d) From July 1, 2002, to June 30, 2003, the carrier common line 
charge calculations pursuant to this section shall be limited to an 
amount equal to the number of projected residential and single-line 
business lines multiplied by the difference between the residential and 
single-line business End User Common Line rate cap and the lesser of 
$6.50 or the non-price cap local exchange carrier's average cost per 
line.

[51 FR 10841, Mar. 31, 1986, as amended at 52 FR 21541, June 8, 1987; 54 
FR 6293, Feb. 9, 1989; 55 FR 42386, Oct. 19, 1990; 56 FR 21618, May 10, 
1991; 62 FR 31933, June 11, 1997; 66 FR 59731, Nov. 30, 2001]



Sec.  69.106  Local switching.

    (a) Except as provided in Sec.  69.118, charges that are expressed 
in dollars and cents per access minute of use shall be assessed by local 
exchange carriers that are not subject to price cap regulation upon all 
interexchange carriers that use local exchange switching facilities for 
the provision of interstate or foreign services.
    (b) The per minute charge described in paragraph (a) of this section 
shall be computed by dividing the projected annual revenue requirement 
for the Local Switching element, excluding any local switching support 
received by the carrier pursuant to Sec.  54.301 of this chapter, by the 
projected annual access minutes of use for all interstate or foreign 
services that use local exchange switching facilities.
    (c) If end users of an interstate or foreign service that uses local 
switching facilities pay message unit charges for such calls in a 
particular exchange, a credit shall be deducted from the Local Switching 
element charges to such carrier for access service in such exchange. The 
per minute credit for each such exchange shall be multiplied by the 
monthly access minutes for such service to compute the monthly credit to 
such a carrier.
    (d) If all local exchange subscribers in such exchange pay message 
unit charges, the per minute credit described in paragraph (c) of this 
section shall be computed by dividing total message unit charges to all 
subscribers

[[Page 687]]

in a particular exchange in a representative month by the total minutes 
of use that were measured for purposes of computing message unit charges 
in such month.
    (e) If some local exchange subscribers pay message unit charges and 
some do not, a per minute credit described in paragraph (c) of this 
section shall be computed by multiplying a credit computed pursuant to 
paragraph (d) of this section by a factor that is equal to total minutes 
measured in such month for purposes of computing message unit charges 
divided by the total local exchange minutes in such month.
    (f) Except as provided in Sec.  69.118, price cap local exchange 
carriers shall establish rate elements for local switching as follows:
    (1) Price cap local exchange carriers shall separate from the 
projected annual revenues for the Local Switching element those costs 
projected to be incurred for ports (including cards and DS1/voice-grade 
multiplexers required to access end offices equipped with analog 
switches) on the trunk side of the local switch. Price cap local 
exchange carriers shall further identify costs incurred for dedicated 
trunk ports separately from costs incurred for shared trunk ports.
    (i) Price cap local exchange carriers shall recover dedicated trunk 
port costs identified pursuant to paragraph (f)(1) of this section 
through flat-rated charges expressed in dollars and cents per trunk port 
and assessed upon the purchaser of the dedicated trunk terminating at 
the port.
    (ii) Price cap local exchange carriers shall recover shared trunk 
port costs identified pursuant to paragraph (f)(1) of this section 
through charges assessed upon purchasers of shared transport. This 
charge shall be expressed in dollars and cents per access minute of use. 
The charge shall be computed by dividing the projected costs of the 
shared ports by the historical annual access minutes of use calculated 
for purposes of recovery of common transport costs in Sec.  69.111(c).
    (2) Price cap local exchange carriers shall recover the projected 
annual revenues for the Local Switching element that are not recovered 
in paragraph (f)(1) of this section through charges that are expressed 
in dollars and cents per access minute of use and assessed upon all 
interexchange carriers that use local exchange switching facilities for 
the provision of interstate or foreign services. The maximum charge 
shall be computed by dividing the projected remainder of the annual 
revenues for the Local Switching element by the historical annual access 
minutes of use for all interstate or foreign services that use local 
exchange switching facilities.
    (g) A local exchange carrier may recover signaling costs associated 
with call setup through a call setup charge imposed upon all interstate 
interexchange carriers that use that local exchange carrier's facilities 
to originate or terminate interstate interexchange or foreign services. 
This charge must be expressed as dollars and cents per call attempt and 
may be assessed on originating calls handed off to the interexchange 
carrier's point of presence and on terminating calls received from an 
interexchange carrier's point of presence, whether or not that call is 
completed at the called location. Local exchange carriers may not 
recover through this charge any costs recovered through other rate 
elements.
    (h) Except as provided in Sec.  69.118, non-price cap local exchange 
carriers may establish rate elements for local switching as follows:
    (1) Non-price cap local exchange carriers may separate from the 
projected annual revenue requirement for the Local Switching element 
those costs projected to be incurred for ports (including cards and DS1/
voice-grade multiplexers required to access end offices equipped with 
analog switches) on the trunk side of the local switch. Non-price cap 
local exchange carriers electing to assess these charges shall further 
identify costs incurred for dedicated trunk ports separately from costs 
incurred for shared trunk ports.
    (i) Non-price cap local exchange carriers electing to assess trunk 
port charges shall recover dedicated trunk port costs identified 
pursuant to paragraph (h)(1) of this section through flat-rated charges 
expressed in dollars and cents per trunk port and assessed upon the 
purchaser of the dedicated trunk terminating at the port.

[[Page 688]]

    (ii) Non-price cap local exchange carriers electing to assess trunk 
port charges shall recover shared trunk port costs identified pursuant 
to paragraph (h)(1) of this section through charges assessed upon 
purchasers of shared transport. This charge shall be expressed in 
dollars and cents per access minute of use. The charge shall be computed 
by dividing the projected costs of the shared ports by the historical 
annual access minutes of use calculated for purposes of recovery of 
common transport costs in Sec.  69.111(c).
    (2) Non-price cap local exchange carriers shall recover the 
projected annual revenue requirement for the Local Switching element 
that are not recovered in paragraph (h)(1) of this section through 
charges that are expressed in dollars and cents per access minute of use 
and assessed upon all interexchange carriers that use local exchange 
switching facilities for the provision of interstate or foreign 
services. The maximum charge shall be computed by dividing the projected 
remainder of the annual revenue requirement for the Local Switching 
element by the historical annual access minutes of use for all 
interstate or foreign services that use local exchange switching 
facilities.

[52 FR 37310, Oct. 6, 1987, as amended at 56 FR 33881, July 24, 1991; 62 
FR 31933, June 11, 1997; 62 FR 40463, July 29, 1997; 66 FR 59731, Nov. 
30, 2001]



Sec.  69.108  Transport rate benchmark.

    (a) For transport charges computed in accordance with this subpart, 
the DS3-to-DS1 benchmark ratio shall be calculated as follows: the 
telephone company shall calculate the ratio of:
    (1) The total charge for a 1.609 km (1 mi) channel termination, 
16.09 km (10 mi) of interoffice transmission, and one DS3 multiplexer 
using the telephone company's DS3 special access rates to;
    (2) The total charge for a 1.609 km (1 mi) channel termination plus 
16.09 km (10 mi) of interoffice transmission using the telephone 
company's DS1 special access rates.
    (b) Initial transport rates will generally be presumed reasonable if 
they are based on special access rates with a DS3-to-DS1 benchmark ratio 
of 9.6 to 1 or higher.
    (c) If a telephone company's initial transport rates are based on 
special access rates with a DS3-to-DS1 benchmark ratio of less than 9.6 
to 1, those initial transport rates will generally be suspended and 
investigated absent a substantial cause showing by the telephone 
company. Alternatively, the telephone company may adjust its initial 
transport rates so that the DS3-to-DS1 ratio calculated as described in 
paragraph (a) of this section of those rates is 9.6 or higher. In that 
case, initial transport rates that depart from existing special access 
rates effective on September 1, 1992 so as to be consistent with the 
benchmark will be presumed reasonable only so long as the ratio of 
revenue recovered through the interconnection charge to the revenue 
recovered through facilities-based charges is the same as it would be if 
the telephone company's existing special access rates effective on 
September 1, 1992 were used.

[58 FR 41189, Aug. 3, 1993, as amended at 58 FR 44952, Aug. 25, 1993; 58 
FR 45267, Aug. 27, 1993]



Sec.  69.109  Information.

    (a) A charge shall be assessed upon all interexchange carriers that 
are connected to assistance boards through interexchange directory 
assistance trunks.
    (b) Except as provided in Sec.  69.118, if such connections are 
maintained exclusively by carriers that offer MTS, the projected annual 
revenue requirement for the Information element shall be divided by 12 
to compute the monthly assessment to such carriers.
    (c) If such connections are provided to additional carriers, charges 
shall be established that reflect the relative use of such directory 
assistance service by such interexchange carriers.

[48 FR 10358, Mar. 11, 1983, as amended at 56 FR 33881, July 24, 1991]



Sec.  69.110  Entrance facilities.

    (a) A flat-rated entrance facilities charge expressed in dollars and 
cents per unit of capacity shall be assessed upon all interexchange 
carriers and other persons that use telephone company facilities between 
the interexchange carrier or other person's

[[Page 689]]

point of demarcation and the serving wire center.
    (b)(1) For telephone companies subject to price cap regulation, 
initial entrance facilities charges based on special access channel 
termination rates for equivalent voice grade, DS1, and DS3 services as 
of September 1, 1992, adjusted for changes in the price cap index 
calculated for the July 1, 1993 annual filing for telephone companies 
subject to price cap regulation, generally shall be presumed reasonable 
if the benchmark defined in Sec.  69.108 is satisfied. Entrance 
facilities charges may be distance-sensitive. Distance shall be measured 
as airline kilometers between the point of demarcation and the serving 
wire center.
    (2) For telephone companies not subject to price cap regulation, 
entrance facilities charges based on special access channel termination 
rates for equivalent voice grade, DS1, and DS3 services generally shall 
be presumed reasonable if the benchmark defined in Sec.  69.108 is 
satisfied. Entrance facilities charges may be distance-sensitive. 
Distance shall be measured as airline kilometers between the point of 
demarcation and the serving wire center.
    (c) If the telephone company employs distance-sensitive rates:
    (1) A distance-sensitive component shall be assessed for use of the 
transmission facilities, including any intermediate transmission circuit 
equipment between the end points of the entrance facilities; and
    (2) A nondistance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the transmission links.
    (d) Telephone companies shall apply only their shortest term special 
access rates in setting entrance facilities charges.
    (e) Except as provided in paragraphs (f), (g), and (h) of this 
section, and subpart H of this part, telephone companies shall not offer 
entrance facilities based on term discounts or volume discounts for 
multiple DS3s or any other service with higher volume than DS3.
    (f) Except in the situations set forth in paragraphs (g) and (h) of 
this section, telephone companies may offer term and volume discounts in 
entrance facilities charges within each study area used for the purpose 
of jurisdictional separations, in which interconnectors have taken 
either:
    (1) At least 100 DS1-equivalent cross-connects for the transmission 
of switched traffic (as described in Sec.  69.121(a)(1) of this chapter) 
in offices in the study area that the telephone company has assigned to 
the lowest priced density pricing zone (zone 1) under an approved 
density pricing zone plan as described in Sec. Sec.  61.38(b)(4) and 
61.49(k) of this chapter; or
    (2) An average of at least 25 DS1-equivalent cross-connects for the 
transmission of switched traffic per office assigned to the lowest 
priced density pricing zone (zone 1).
    (g) In study areas in which the telephone company has implemented 
density zone pricing, but no offices have been assigned to the lowest 
price density pricing zone (zone 1), telephone companies may offer term 
and volume discounts in entrance facilities charges within the study 
area when interconnectors have taken at least 5 DS1-equivalent cross-
connects for the transmission of switched traffic (as described in Sec.  
69.121(a)(1) of this chapter) in offices in the study area.
    (h) In study areas in which the telephone company has not 
implemented density zone pricing, telephone companies may offer term and 
volume discounts in entrance facilities charges when interconnectors 
have taken at least 100 DS1-equivalent cross-connects for the 
transmission of switched traffic (as described in Sec.  69.121(a)(1) of 
this chapter) in offices in the study area.

[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190, 41191, Aug. 3, 
1993; 58 FR 44950, Aug. 25, 1993; 58 FR 48763, Sept. 17, 1993; 59 FR 
10304, Mar. 4, 1994; 60 FR 50121, Sept. 28, 1995; 64 FR 51267, Sept. 22, 
1999]



Sec.  69.111  Tandem-switched transport and tandem charge.

    (a)(1) Through June 30, 1998, except as provided in paragraph (l) of 
this section, tandem-switched transport shall consist of two rate 
elements, a transmission charge and a tandem switching charge.
    (2) Beginning July 1, 1998, except as provided in paragraph (l) of 
this section, tandem-switched transport shall

[[Page 690]]

consist of three rate elements as follows:
    (i) A per-minute charge for transport of traffic over common 
transport facilities between the incumbent local exchange carrier's end 
office and the tandem switching office. This charge shall be expressed 
in dollars and cents per access minute of use and shall be assessed upon 
all purchasers of common transport facilities between the local exchange 
carrier's end office and the tandem switching office.
    (ii) A per-minute tandem switching charge. This tandem switching 
charge shall be set in accordance with paragraph (g) of this section, 
excluding multiplexer and dedicated port costs recovered in accordance 
with paragraph (l) of this section, and shall be assessed upon all 
interexchange carriers and other persons that use incumbent local 
exchange carrier tandem switching facilities.
    (iii) A flat-rated charge for transport of traffic over dedicated 
transport facilities between the serving wire center and the tandem 
switching office. This charge shall be assessed as a charge for 
dedicated transport facilities provisioned between the serving wire 
center and the tandem switching office in accordance with Sec.  69.112.
    (b) [Reserved]
    (c)(1) Until June 30, 1998:
    (i) Except in study areas where the incumbent local exchange carrier 
has implemented density pricing zones as described in section 69.123, 
per-minute common transport charges described in paragraph (a)(1) of 
this section shall be presumed reasonable if the incumbent local 
exchange carrier bases the charges on a weighted per-minute equivalent 
of direct-trunked transport DS1 and DS3 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 the total actual voice-
grade minutes of use, geographically averaged on a study-area-wide 
basis, that the incumbent local exchange carrier experiences based on 
the prior year's annual use. Tandem-switched transport transmission 
charges that are not presumed reasonable shall be suspended and 
investigated absent a substantial cause showing by the incumbent local 
exchange carrier.
    (ii) In study areas where the incumbent local exchange carrier has 
implemented density pricing zones as described in section 69.123, per-
minute common transport charges described in paragraph (a)(1) of this 
section shall be presumed reasonable if the incumbent local exchange 
carrier bases the charges on a weighted per-minute equivalent of direct-
trunked transport DS1 and DS3 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 the total actual voice-grade 
minutes of use, averaged on a zone-wide basis, that the incumbent local 
exchange carrier experiences based on the prior year's annual use. 
Tandem-switched transport transmission charges that are not presumed 
reasonable shall be suspended and investigated absent a substantial 
cause showing by the incumbent local exchange carrier.
    (2) Beginning July 1, 1998:
    (i) Except in study areas where the incumbent local exchange carrier 
has implemented density pricing zones as described in section 69.123, 
per-minute common transport charges described in paragraph (a)(2)(i) of 
this section shall be presumed reasonable if the incumbent local 
exchange carrier bases the charges on a weighted per-minute equivalent 
of direct-trunked transport DS1 and DS3 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 the total actual voice-
grade minutes of use, geographically averaged on a study-area-wide 
basis, that the incumbent local exchange carrier experiences based on 
the prior year's annual use. Tandem-switched transport transmission 
charges that are not presumed reasonable shall be suspended and 
investigated absent a substantial cause showing by the incumbent local 
exchange carrier.

[[Page 691]]

    (ii) In study areas where the incumbent local exchange carrier has 
implemented density pricing zones as described in section 69.123, per-
minute common transport charges described in paragraph (a)(2)(i) of this 
section shall be presumed reasonable if the incumbent local exchange 
carrier bases the charges on a weighted per-minute equivalent of direct-
trunked transport DS1 and DS3 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 the total actual voice-grade 
minutes of use, averaged on a zone-wide basis, that the incumbent local 
exchange carrier experiences based on the prior year's annual use. 
Tandem-switched transport transmission charges that are not presumed 
reasonable shall be suspended and investigated absent a substantial 
cause showing by the incumbent local exchange carrier.
    (d)(1) Through June 30, 1998, the tandem-switched transport 
transmission charges may be distance-sensitive. Distance shall be 
measured as airline distance between the serving wire center and the end 
office, unless the customer has ordered tandem-switched transport 
between the tandem office and the end office, in which case distance 
shall be measured as airline distance between the tandem office and the 
end office.
    (2) Beginning July 1, 1998, the per-minute charge for transport of 
traffic over common transport facilities described in paragraph 
(a)(2)(i) of this section may be distance-sensitive. Distance shall be 
measured as airline distance between the tandem switching office and the 
end office.
    (e)(1) Through June 30, 1998, if the telephone company employs 
distance-sensitive rates:
    (i) A distance-sensitive component shall be assessed for use of the 
transmission facilities, including intermediate transmission circuit 
equipment between the end points of the interoffice circuit; and
    (ii) A non-distance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the interoffice transmission links.
    (2) Beginning July 1, 1998, if the telephone company employs 
distance-sensitive rates for transport of traffic over common transport 
facilities, as described in paragraph (a)(2)(i) of this section:
    (i) A distance-sensitive component shall be assessed for use of the 
common transport facilities, including intermediate transmission circuit 
equipment between the end office and tandem switching office; and
    (ii) A non-distance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the interoffice transmission links.
    (f) [Reserved]
    (g)(1) The tandem switching charge imposed pursuant to paragraphs 
(a)(1) or (a)(2)(ii) of this section, as applicable, shall be set to 
recover twenty percent of the annual part 69 interstate tandem revenue 
requirement plus one third of the portion of the tandem switching 
revenue requirement being recovered through the interconnection charge 
recovered by Sec. Sec.  69.124, 69.153, and 69.155, excluding 
multiplexer and dedicated port costs recovered in accordance with 
paragraph (l) of this section.
    (2) Beginning January 1, 1999, the tandem switching charge imposed 
pursuant to paragraph (a)(2)(ii) of this section shall be set to recover 
the amount prescribed in paragraph (g)(1) of this section plus one half 
of the remaining portion of the tandem switching revenue requirement 
then being recovered through the interconnection charge recovered by 
Sec. Sec.  69.124, 69.153, and 69.155, excluding multiplexer and 
dedicated port costs recovered in accordance with paragraph (l) of this 
section.
    (3) Beginning January 1, 2000, the tandem switching charge imposed 
pursuant to paragraph (a)(2)(ii) of this section shall be set to recover 
the entire interstate tandem switching revenue requirement, including 
that portion formerly recovered through the interconnection charge 
recovered in Sec. Sec.  69.124, 69.153, and 69.155, and excluding 
multiplexer and dedicated port costs recovered in accordance with 
paragraph (l) of this section.
    (4) A local exchange carrier that is subject to price cap regulation 
as that

[[Page 692]]

term is defined in Sec.  61.3(x) of this chapter shall calculate its 
tandem switching revenue requirement as used in this paragraph by 
dividing the tandem switching revenue requirement that was included in 
the original interconnection charge by the original interconnection 
charge, and then multiplying this result by the annual revenues 
recovered through the interconnection charge, described in Sec.  69.124, 
as of June 30, 1997. A local exchange carrier that is subject to price 
cap regulation as that term is defined in Sec.  61.3(x) of this chapter 
shall then make downward exogenous adjustments to the service band index 
for the interconnection charge service category (defined in Sec.  
61.42(e)(2)(vi) of this chapter) and corresponding upward adjustments to 
the service band index for the tandem-switched transport service 
category (defined in Sec.  61.42(e)(2)(v) of this chapter) at the times 
and in the amounts prescribed in paragraphs (g)(1) through (g)(3) of 
this section .
    (h) All telephone companies shall provide tandem-switched transport 
service.
    (i) Except in the situations set forth in paragraphs (j) and (k) of 
this section, telephone companies may offer term and volume discounts in 
tandem-switched transport charges within each study area used for the 
purpose of jurisdictional separations, in which interconnectors have 
taken either:
    (1) At least 100 DS1-equivalent cross-connects for the transmission 
of switched traffic (as described in Sec.  69.121(a)(1) of this chapter) 
in offices in the study area that the telephone company has assigned to 
the lowest priced density pricing zone (zone 1) under an approved 
density pricing zone plan as described in Sec. Sec.  61.38(b)(4) and 
61.49(k) of this chapter; or
    (2) An average of at least 25 DS1-equivalent cross-connects for the 
transmission of switched traffic per office assigned to the lowest 
priced density pricing zone (zone 1).
    (j) In study areas in which the telephone company has implemented 
density zone pricing, but no offices have been assigned to the lowest 
priced density pricing zone (zone 1), telephone companies may offer term 
and volume discounts in tandem-switched transport charges within the 
study area when interconnectors have taken at least 5 DS1-equivalent 
cross-connects for the transmission of switched traffic (as described in 
Sec.  69.121(a)(1) of this chapter) in offices in the study area.
    (k) In study areas in which the telephone company has not 
implemented density zone pricing, telephone companies may offer term and 
volume discounts in tandem-switched transport charges when 
interconnectors have taken at least 100 DS1-equivalent cross-connects 
for the transmission of switched traffic (as described in Sec.  
69.121(a)(1) of this chapter) in offices in the study area.
    (l) In addition to the charges described in this section, price cap 
local exchange carriers shall establish separate charges for 
multiplexers and dedicated trunk ports used in conjunction with the 
tandem switch as follows:
    (1) Local exchange carriers must establish a traffic-sensitive 
charge for DS3/DS1 multiplexers used on the end office side of the 
tandem switch, assessed on purchasers of common transport to the tandem 
switch. This charge must be expressed in dollars and cents per access 
minute of use. The maximum charge shall be calculated by dividing the 
total costs of the multiplexers on the end office-side of the tandem 
switch by the annual access minutes of use calculated for purposes of 
recovery of common transport costs in paragraph (c) of this section. A 
similar charge shall be assessed for DS1/voice-grade multiplexing 
provided on the end-office side of analog tandem switches.
    (2)(i) Local exchange carriers must establish a flat-rated charge 
for dedicated DS3/DS1 multiplexing on the serving wire center side of 
the tandem switch provided in conjunction with dedicated DS3 transport 
service from the serving wire center to the tandem switch. This charge 
shall be assessed on interexchange carriers purchasing tandem-switched 
transport in proportion to the number of DS3 trunks provisioned for that 
interexchange carrier between the serving wire center and the tandem-
switch.
    (ii) Local exchange carriers must establish a flat-rated charge for 
dedicated DS1/voice-grade multiplexing

[[Page 693]]

provided on the serving wire center side of analog tandem switches. This 
charge may be assessed on interexchange carriers purchasing tandem-
switched transport in proportion to the interexchange carrier's 
transport capacity on the serving wire center side of the tandem.
    (3) Price cap local exchange carriers may recover the costs of 
dedicated trunk ports on the serving wire center side of the tandem 
switch only through flat-rated charges expressed in dollars and cents 
per trunk port and assessed upon the purchaser of the dedicated trunk 
terminating at the port.
    (m) In addition to the charges described in this section, non-price 
cap local exchange carriers may establish separate charges for 
multiplexers and dedicated trunk ports used in conjunction with the 
tandem switch as follows:
    (1)(i) Non-price cap local exchange carriers may establish a flat-
rated charge for dedicated DS3/DS1 multiplexing on the serving wire 
center side of the tandem switch provided in conjunction with dedicated 
DS3 transport service from the serving wire center to the tandem switch. 
This charge shall be assessed on interexchange carriers purchasing 
tandem-switched transport in proportion to the number of DS3 trunks 
provisioned for that interexchange carrier between the serving wire 
center and the tandem switch.
    (ii) Non-price cap local exchange carriers may establish a flat-
rated charge for dedicated DS1/voice-grade multiplexing provided on the 
serving wire center side of analog tandem switches. This charge may be 
assessed on interexchange carriers purchasing tandem-switched transport 
in proportion to the interexchange carrier's transport capacity on the 
serving wire center side of the tandem.
    (2) Non-price cap local exchange carriers may recover the costs of 
dedicated trunk ports on the serving wire center side of the tandem 
switch through flat-rated charges expressed in dollars and cents per 
trunk port and assessed upon the purchaser of the dedicated trunk 
terminating at the port.

[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190, Aug. 3, 1993; 58 
FR 48764, Sept. 17, 1993; 60 FR 50121, Sept. 28, 1995; 62 FR 31933, June 
11, 1997; 62 FR 40463, July 29, 1997; 62 FR 56132, Oct. 29, 1997; 64 FR 
46594, Aug. 26, 1999; 66 FR 59732, Nov. 30, 2001]



Sec.  69.112  Direct-trunked transport.

    (a) A flat-rated direct-trunked transport charge expressed in 
dollars and cents per unit of capacity shall be assessed upon all 
interexchange carriers and other persons that use telephone company 
direct-trunked transport facilities.
    (b)(1) For telephone companies subject to price cap regulation, 
initial direct-trunked transport charges based on the interoffice 
charges for equivalent voice grade, DS1, and DS3 special access services 
as of September 1, 1992, adjusted for changes in the price cap index 
calculated for the July 1, 1993 annual filing for telephone companies 
subject to price cap regulation, generally shall be presumed reasonable 
if the benchmark defined in Sec.  69.108 is satisfied. Direct-trunked 
transport charges may be distance-sensitive. Distance shall be measured 
as airline kilometers between customer-designated points.
    (2) For telephone companies not subject to price cap regulation, 
initial direct-trunked transport charges based on the interoffice 
charges for equivalent voice grade, DS1, and DS3 special access services 
generally shall be presumed reasonable if the benchmark defined in Sec.  
69.108 is satisfied. Direct-trunked transport charges may be distance-
sensitive. Distance shall be measured as airline kilometers between 
customer-designated points.
    (c) If the telephone company employs distance-sensitive rates:
    (1) A distance-sensitive component shall be assessed for use of the 
transmission facilities, including intermediate transmission circuit 
equipment, between the end points of the circuit; and
    (2) A nondistance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the transmission links.

[[Page 694]]

    (d) Telephone companies shall apply only their shortest term special 
access rates in setting direct-trunked transport rates.
    (e) Except as provided in pagagraphs (f), (g), and (h) of this 
section, telephone companies shall not offer direct-trunked transport 
rates based on term discounts or volume discounts for multiple DS3s or 
any other service with higher volume than DS3.
    (f) Except in the situations set forth in paragraphs (g) and (h) of 
this section, telephone companies may offer term and volume discounts in 
direct-trunked transport charges within each study area used for the 
purpose of jurisdictional separations, in which interconnectors have 
taken either:
    (1) At least 100 DS1-equivalent cross-connects for the transmission 
of switched traffic (as described in Sec.  69.121(a)(1)) in offices in 
the study area that the telephone company has assigned to the lowest 
priced density pricing zone (zone 1) under an approved density pricing 
zone plan as described in Sec. Sec.  61.38(b)(4) and 61.49(k) of this 
section; or
    (2) An average of at least 25 DS1-equivalent cross-connects for the 
transmission of switched traffic per office assigned to the lowest 
priced density pricing zone (zone 1).
    (g) In study areas in which the telephone company has implemented 
density zone pricing, but no offices have been assigned to the lowest 
priced density pricing zone (zone 1), telephone companies may offer term 
and volume discounts in direct-trunked transport charges within the 
study area when interconnectors have taken at least 5 DS1-equivalent 
cross-connects for the transmission of switched traffic (as described in 
Sec.  69.121(a)(1) of this chapter) in offices in the study area.
    (h) In study areas in which the telephone company has not 
implemented density zone pricing, telephone companies may offer term and 
volume discounts in direct-trunked transport charges when 
interconnectors have taken at least 100 DS1-equivalent cross-connects 
for the transmission of switched traffic (as described in Sec.  
69.121(a)(1) of this chapter) in offices in the study area.
    (i) Centralized equal access providers as described in Transport 
Rate Structure and Pricing, CC Docket No. 91-213, FCC 92-442, 7 FCC Rcd 
7002 (1992), are not required to provide direct-trunked transport 
service. Telephone companies that do not have measurement and billing 
capabilities at their end offices are not required to provide direct-
trunked transport services at those end offices without measurement and 
billing capabilities. Telephone companies that are not classified as 
Class A companies under Sec.  32.11 of this chapter are required to 
provide direct-trunked transport service upon request. All other 
telephone companies shall provide a direct-trunked transport service.

[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190, Aug. 3, 1993; 58 
FR 44950, Aug. 25, 1993; 58 FR 48764, Sept. 17, 1993; 60 FR 50121, Sept. 
28, 1995]



Sec.  69.113  Non-premium charges for MTS-WATS equivalent services.

    (a) Charges that are computed in accordance with this section shall 
be assessed upon interexchange carriers or other persons that receive 
access that is not deemed to be premium access as this term in defined 
in Sec.  69.105(b)(1) in lieu of carrier charges that are computed in 
accordance with Sec. Sec.  69.105, 69.106, 69.118, 69.124, and 69.127.
    (b) The non-premium charge for the Carrier Common Line element shall 
be computed by multiplying the premium charge for such element by .45.
    (c) For telephone companies that are not subject to price cap 
regulation as that term is defined in Sec.  61.3(x) of this chapter, the 
non-premium charge for the Local Switching element shall be computed by 
multiplying a hypothetical premium charge for such element by .45. The 
hypothetical premium charge for such element shall be computed by 
dividing the annual revenue requirement for each element by the sum of 
the projected access minutes for such period and a number that is 
computed by multiplying the projected non-premium minutes for such 
element for such period by .45. For telephone companies that are price 
cap carriers, the non-premium charge for the Local Switching element 
shall be computed by multiplying the premium charge for such element by 
.45. Though June 30,

[[Page 695]]

1993, the non-premium charge shall be computed by multiplying the LS2 
charge for such element by .45.
    (d) The non-premium charge or charges for the interconnection charge 
element shall be computed by multiplying the corresponding premium 
charge or charges by .45.
    (e) The non-premium charge for any BSEs in local switching shall be 
computed by multiplying the premium charge for the corresponding BSEs by 
.45.

[54 FR 6293, Feb. 9, 1989, as amended at 55 FR 42386, Oct. 19, 1990; 55 
FR 50559, Dec. 7, 1990; 56 FR 33881, July 24, 1991; 57 FR 54721, Nov. 
20, 1992; 59 FR 10304, Mar. 4, 1994; 64 FR 46594, Aug. 26, 1999]



Sec.  69.114  Special access.

    (a) Appropriate subelements shall be established for the use of 
equipment or facilities that are assigned to the Special Access element 
for purposes of apportioning net investment, or that are equivalent to 
such equipment or facilities for companies subject to price cap 
regulation as that term is defined in Sec.  61.3(ff) of this chapter.
    (b) Charges for all subelements shall be designed to produce total 
annual revenue that is equal to the projected annual revenue requirement 
for the Special Access element.
    (c) Charges for an individual element shall be assessed upon all 
interexchange carriers that use the equipment or facilities that are 
included within such subelement.
    (d) Charges for individual subelements shall be designed to reflect 
cost differences among subelements in a manner that complies with 
applicable Commission rules or decisions.

[48 FR 10358, Mar. 11, 1983, as amended at 48 FR 43019, Sept. 21, 1983. 
Redesignated at 54 FR 6293, Feb. 9, 1989, as amended at 55 FR 42386, 
Oct. 19, 1990; 64 FR 46594, Aug. 26, 1999; 83 FR 67123, Dec. 28, 2018]



Sec.  69.115  Special access surcharges.

    (a) Pending the development of techniques accurately to measure 
usage of exchange facilities that are interconnected by users with means 
of interstate or foreign telecommunications, a surcharge that is 
expressed in dollars and cents per line termination per month shall be 
assessed upon users that subscribe to private line services or WATS 
services that are not exempt from assessment pursuant to paragraph (e) 
of this section.
    (b) Except as provided in paragraph (f) of this section, such 
surcharge shall be computed to reflect a reasonable approximation of the 
carrier usage charges which, assuming non-premium interconnection, would 
have been paid for average interstate or foreign usage of common lines, 
end office facilities, and transport facilities, attributable to each 
Special Access line termination which is not exempt from assessment 
pursuant to paragraph (e) of this section.
    (c) If the association, carrier or carriers that file the tariff are 
unable to estimate such average usage for a period ending May 31, 1985, 
the surcharge for such period shall be twenty-five dollars ($25) per 
line termination per month. As of June 30, 2000, these rates will remain 
and be capped at the current levels until June 30, 2005.
    (d) A telephone company may propose reasonable and nondiscriminatory 
end user surcharges, to be filed in its federal access tariffs and to be 
applied to the use of exchange facilities which are interconected by 
users with means of interstate or foreign telecommunication which are 
not provided by the telephone company, and which are not exempt from 
assessment pursuant to paragraph (e) of this section. Telephone 
companies which wish to avail themselves of this option must undertake 
to use reasonable efforts to identify such means of interstate or 
foreign telecommunication, and to assess end user surcharges in a 
reasonable and nondiscriminatory manner.
    (e) No special access surcharges shall be assessed for any of the 
following terminations:
    (1) The open end termination in a telephone company switch of an FX 
line, including CCSA and CCSA-equivalent ONALs;
    (2) Any termination of an analog channel that is used for radio or 
television program transmission;
    (3) Any termination of a line that is used for telex service;
    (4) Any termination of a line that by nature of its operating 
characteristics

[[Page 696]]

could not make use of common lines; and
    (5) Any termination of a line that is subject to carrier usage 
charges pursuant to Sec.  69.5.
    (6) Any termination of a line that the customer certifies to the 
exchange carrier is not connected to a PBX or other device capable of 
interconnecting a local exchange subscriber line with the private line 
or WATS access line.
    (f) The maximum special access surcharge a non-price cap local 
exchange carrier that elects model-based support pursuant to Sec.  
54.311 of this chapter or Alaska Plan support pursuant to Sec.  54.306 
of this chapter may assess is the rate in effect on the last day of the 
month preceding the month for which model-based support or Alaska Plan 
support, as applicable, is first provided.

(47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C. 
553)

[48 FR 43019, Sept. 21, 1983, as amended at 49 FR 7829, Mar. 2, 1984; 51 
FR 10841, Mar. 31, 1986; 52 FR 8259, Mar. 17, 1987; 65 FR 38701, June 
21, 2000; 81 FR 24345, Apr. 25, 2016; 81 FR 69716, Oct. 7, 2016]



Sec.  69.118  Traffic sensitive switched services.

    Notwithstanding Sec. Sec.  69.4(b), 69.106, 69.109, 69.110, 69.111, 
69.112, and 69.124, telephone companies subject to the BOC ONA Order, 4 
FCC Rcd 1 (1988) shall, and other telephone companies may, establish 
approved Basic Service Elements as provided in Amendments of part 69 of 
the Commission's rules relating to the Creation of Access Charge 
Subelements for Open Network Architecture, Report and Order, 6 FCC Rcd 
4524 (1991) and 800 data base subelements, as provided in Provision of 
Access for 800 Service, 8 FCC Rcd ____, CC Docket 86-10, FCC 93-53 
(1993). Moreover, all customers that use basic 800 database service 
shall be assessed a charge that is expressed in dollars and cents per 
query. Telephone companies shall take into account revenues from the 
relevant Basic Service Element or Elements and 800 Database Service 
Elements in computing rates for the Local Switching, Entrance 
Facilities, Tandem-Switched Transport, Direct-Trunked Transport, 
Interconnection Charge, and/or Information elements.

[58 FR 7868, Feb. 10, 1993]



Sec.  69.119  Basic service element expedited approval process.

    The rules for filing comments and reply comments on requests for 
expedited approval of new basic service elements are those indicated in 
Sec.  1.45 of the rules, except as specified otherwise.

[56 FR 33881, July 24, 1991]



Sec.  69.120  Line information database.

    (a) A charge that is expressed in dollars and cents per query shall 
be assessed upon all carriers that access validation information from a 
local exchange carrier database to recover the costs of:
    (1) The transmission facilities between the local exchange carrier's 
signalling transfer point and the database; and
    (2) The signalling transfer point facilities dedicated to the 
termination of the transmission facilities connecting the database to 
the exchange carrier's signalling network.
    (b) A charge that is expressed in dollars and cents per query shall 
be assessed upon all carriers that access validation information from a 
local exchange carrier line information database to recover the costs of 
the database.

[57 FR 24380, June 9, 1992]



Sec.  69.121  Connection charges for expanded interconnection.

    (a) Appropriate connection charge subelements shall be established 
for the use of equipment and facilities that are associated with 
offerings of expanded interconnection for special access and switched 
transport services, as defined in part 64, subpart N of this chapter. To 
the extent that the same equipment and facilities are used to provide 
expanded interconnection for both special access and switched transport, 
the same connection charge subelements shall be used.
    (1) A cross-connect subelement shall be established for charges 
associated with the cross-connect cable and associated facilities 
connecting the equipment owned by or dedicated to the use of the 
interconnector with the telephone company's equipment and facilities 
used to provide interstate special or switched access services. Charges 
for

[[Page 697]]

the cross-connect subelement shall not be deaveraged within a study area 
that is used for purposes of jurisdictional separations.
    (2) Charges for subelements associated with physical collocation or 
virtual collocation, other than the subelement described in paragraph 
(a)(1) of this section and subelements recovering the cost of the 
virtual collocation equipment described in Sec.  64.1401(e)(1) of this 
chapter, may reasonably differ in different central offices, 
notwithstanding Sec.  69.3(e)(7).
    (b) Connection charge subelements shall be computed based upon the 
costs associated with the equipment and facilities that are included in 
such subelements, including no more than a just and reasonable portion 
of the telephone company's overhead costs.
    (c) Connection charge subelements shall be assessed upon all 
interconnectors that use the equipment or facilities that are included 
in such subelements.

[57 FR 54332, Nov. 18, 1992, as amended at 58 FR 48764, Sept. 17, 1993; 
59 FR 38930, Aug. 1, 1994]



Sec.  69.123  Density pricing zones for special access and switched transport.

    (a)(1) Incumbent local exchange carriers not subject to price cap 
regulation may establish any number of density zones within a study area 
that is used for purposes of jurisdictional separations, provided that 
each zone, except the highest-cost zone, accounts for at least 15 
percent of that carrier's special access and transport revenues within 
that study area, calculated pursuant to the methodology set forth in 
Sec.  69.725.
    (2) Such a system of pricing zones shall be designed to reasonably 
reflect cost-related characteristics, such as the density of total 
interstate traffic in central offices located in the respective zones.
    (3) Non-price cap incumbent local exchange carriers may establish 
only one set of density pricing zones within each study area, to be used 
for the pricing of both special and switched access pursuant to 
paragraphs (c) and (d) of this section.
    (b)(1) Incumbent local exchange carriers subject to price cap 
regulation may establish any number of density zones within a study area 
that is used for purposes of jurisdictional separations, provided that 
each zone, except the highest-cost zone, accounts for at least 15 
percent of that carrier's trunking basket revenues within that study 
area, calculated pursuant to the methodology set forth in Sec.  69.725.
    (2) Price cap incumbent local exchange carriers may establish only 
one set of density pricing zones within each study area, to be used for 
the pricing of all services within the trunking basket for which zone 
density pricing is permitted.
    (3) An access service subelement for which zone density pricing is 
permitted shall be deemed to be offered in the zone that contains the 
telephone company location from which the service is provided.
    (4) An access service subelement for which zone density pricing is 
permitted which is provided to a customer between telephone company 
locations shall be deemed to be offered in the highest priced zone that 
contains one of the locations between which the service is offered.
    (c) Notwithstanding Sec.  69.3(e)(7), in study areas in which a 
telephone company offers a cross-connect, as described in Sec.  
69.121(a)(1), for the transmission of interstate special access traffic, 
telephone companies may charge rates for special access sub-elements of 
DS1, DS3, and such other special access services as the Commission may 
designate, that differ depending on the zone in which the service is 
offered, provided that the charges for any such service shall not be 
deaveraged within any such zone.
    (1) A special access service subelement shall be deemed to be 
offered in the zone that contains the telephone company location from 
which the service is provided.
    (2) A special access service subelement provided to a customer 
between telephone company locations shall be deemed to be offered in the 
highest priced zone that contains one of the locations between which the 
service is offered.

[[Page 698]]

    (d) Notwithstanding Sec.  69.3(e)(7), in study areas in which a 
telephone company offers a cross-connect, as described in Sec.  
69.121(a)(1), for the transmission of interstate switched traffic, or is 
using collocated facilities to interconnect with telephone company 
interstate switched transport services, telephone companies may charge 
rates for sub-elements of direct-trunked transport, tandem-switched 
transport, entrance facilities, and dedicated signaling transport that 
differ depending on the zone in which the service is offered, provided 
that the charge for any such service shall not be deaveraged within any 
such zone.
    (1) A switched transport service subelement shall be deemed to be 
offered in the zone that contains the telephone company location from 
which the service is provided.
    (2) A switched transport service subelement provided to a customer 
between telephone company locations shall be deemed to be offered in the 
highest priced zone that contains either of the locations between which 
the service is offered.
    (e)(1) Telephone companies not subject to price cap regulation may 
charge a rate for each service in the highest priced zone that exceeds 
the rate for the same service in the lowest priced zone by no more than 
fifteen percent of the rate for the service in the lowest priced zone 
during the period from the date that the zones are initially established 
through the following June 30. The difference between the rates for any 
such service in the highest priced zone and the lowest priced zone in a 
study area, measured as a percentage of the rate for the service in the 
lowest priced zone, may increase by no more than an additional fifteen 
percentage points in each succeeding year, measured from the rate 
differential in effect on the last day of the preceding tariff year.
    (2) Notwithstanding Sec.  69.3(e)(7), incumbent local exchange 
carriers subject to price cap regulation may charge different rates for 
services in different zones pursuant to Sec.  61.47(f) of this chapter, 
provided that the charges for any such service are not deaveraged within 
any such zone.
    (f)(1) An incumbent local exchange carrier that establishes density 
pricing zones under this section must reallocate additional amounts 
recovered under the interconnection charge prescribed in Sec.  69.124 of 
this subpart to facilities-based transport rates, to reflect the higher 
costs of serving lower density areas. Each incumbent local exchange 
carrier must reallocate costs from the interexchange charge each time it 
increases the ratio between the prices in its lowest-cost zone and any 
other zone in that study area.
    (2) Any incumbent local exchange carrier that has already deaveraged 
its rates on January 1, 1998 must reallocate an amount equivalent to 
that described in paragraph (f)(1) of this section from the 
interconnection charge prescribed in Sec.  69.124 to its transport 
services.
    (3) Price cap local exchange carriers shall reassign to direct-
trunked transport and tandem-switched transport categories or 
subcategories interconnection charge amounts reallocated under paragraph 
(f)(1) or (f)(2) of this section in a manner that reflects the way 
density pricing zones are being implemented by the incumbent local 
exchange carrier.

[57 FR 54333, Nov. 18, 1992, as amended at 58 FR 48764, Sept. 17, 1993; 
62 FR 31935, June 11, 1997; 64 FR 51267, Sept. 22, 1999; 69 FR 25336, 
May 6, 2004]



Sec.  69.124  Interconnection charge.

    (a) Until December 31, 2001, local exchange carriers not subject to 
price cap regulation shall assess an interconnection charge expressed in 
dollars and cents per access minute upon all interexchange carriers and 
upon all other persons using the telephone company switched access 
network.
    (b) If the use made of the local exchange carrier's switched access 
network includes the local switch, but not local transport, the 
interconnection charge assessed pursuant to paragraph (a) of this 
section shall be computed by subtracting entrance facilities, tandem-
switched transport, direct-trunked transport, and dedicated signalling 
transport revenues, as well as any interconnection charge revenues that 
the local exchange carrier anticipates will be reassigned to other, 
facilities-

[[Page 699]]

based rate elements in the future, from the part 69 transport revenue 
requirement, and dividing by the total interstate local switching 
minutes.
    (c) If the use made of the local exchange carrier's switched access 
network includes local transport, the interconnection charge to be 
assessed pursuant to paragraph (a) of this section shall be computed by 
dividing any interconnection charge revenues that the local exchange 
carrier anticipates will be reassigned to other, facilities-based rate 
elements in the future by the total interstate local transport minutes, 
and adding thereto the per minute amount calculated pursuant to 
paragraph (b) of this section.

[62 FR 66030, Dec. 17, 1997, as amended at 66 FR 59732, Nov. 30, 2001]



Sec.  69.125  Dedicated signalling transport.

    (a) Dedicated signalling transport shall consist of two elements, a 
signalling link charge and a signalling transfer point (STP) port 
termination charge.
    (b)(1) A flat-rated signalling link charge expressed in dollars and 
cents per unit of capacity shall be assessed upon all interexchange 
carriers and other persons that use facilities between an interexchange 
carrier or other person's common channel signalling network and a 
telephone company signalling transfer point or equivalent facilities 
offered by a telephone company. Signalling link charges may be distance-
sensitive. Distance shall be measured as airline kilometers between the 
signalling point of interconnection of the interexchange carrier's or 
other person's common channel signalling network and the telephone 
company's signalling transfer point.
    (2) Signalling link rates will generally be presumed reasonable if 
they are based on the interoffice charges for equivalent special access 
services. Telephone companies that have, before February 18, 1993, 
tariffed a signalling link service for signalling transport between the 
interexchange carrier's or other person's common channel signalling 
network and the telephone company's STP are permitted to use the rates 
that are in place.
    (c) A flat-rated STP port termination charge expressed in dollars 
and cents per port shall be assessed upon all interexchange carriers and 
other persons that use dedicated signalling transport.

[57 FR 54721, Nov. 20, 1992, as amended at 58 FR 41191, Aug. 3, 1993; 58 
FR 44950, Aug. 25, 1993; 62 FR 31935, June 11, 1997]



Sec.  69.128  Billing name and address.

    Appropriate subelements shall be established for the use of 
equipment or facilities that are associated with offerings of billing 
name and address.

[58 FR 36145, July 6, 1993]



Sec.  69.129  Signalling for tandem switching.

    A charge that is expressed in dollars and cents shall be assessed 
upon the purchasing entity by a local telephone company for provision of 
signalling for tandem switching.

[59 FR 32930, June 27, 1994]



Sec.  69.130  Line port costs in excess of basic analog service.

    (a) To the extent that the costs of ISDN line ports, and line ports 
associated with other services, exceed the costs of a line port used for 
basic, analog service, non-price cap local exchange carriers may recover 
the difference through a separate monthly end-user charge, provided that 
no portion of such excess cost may be recovered through other common 
line access charges, or through Connect America Fund Broadband Loop 
Support.
    (b) The maximum charge a non-price cap local exchange carrier that 
elects model-based support pursuant to Sec.  54.311 of this chapter or 
Alaska Plan support pursuant to Sec.  54.306 of this chapter may assess 
is the rate in effect on the last day of the month preceding the month 
for which model-based support or Alaska Plan support, as applicable, is 
first provided.

[81 FR 24345, Apr. 25, 2016, amended at 81 FR 69716, Oct. 7, 2016]



Sec.  69.131  Universal service end user charges.

    To the extent the company makes contributions to the Universal 
Service Support Mechanisms pursuant to

[[Page 700]]

Sec. Sec.  54.706 and 54.709 of this chapter and the non-price cap local 
exchange carrier seeks to recover some or all of the amount of such 
contribution, the non-price cap local exchange carrier shall recover 
those contributions through a charge to end users other than Lifeline 
users. The charge to recover these contributions is not part of any 
other element established pursuant to part 69. Such a charge may be 
assessed on a per-line basis or as a percentage of interstate retail 
revenues, and at the option of the local exchange carrier it may be 
combined for billing purposes with other end user retail rate elements. 
A non-price cap local exchange carrier opting to assess the Universal 
Service end-user rate element on a per-line basis may apply that charge 
using the ``equivalency'' relationships established for the multi-line 
business PICC for Primary Rate ISDN service, as per Sec.  69.153(d), and 
for Centrex lines, as per Sec.  69.153(e).

[66 FR 59732, Nov. 30, 2001]



Sec.  69.132  End user Consumer Broadband-Only Loop charge
for non-price cap incumbent local exchange carriers.

    (a) This section is applicable only to incumbent local exchange 
carriers that are not subject to price cap regulation as that term is 
defined in Sec.  61.3(ee) of this chapter.
    (b) A charge that is expressed in dollars and cents per line per 
month may be assessed upon end users that subscribe to Consumer 
Broadband-Only Loop service. Such charge shall be assessed for each line 
without regulated local exchange voice service provided by a rate-of-
return incumbent local exchange carrier to a customer, for use in 
connection with fixed Broadband Internet access service, as defined in 
Sec.  8.2 of this chapter.
    (c) For carriers not electing model-based support pursuant to Sec.  
54.311 of this chapter or Alaska Plan support pursuant to Sec.  54.306 
of this chapter, the single-line rate or charge shall be computed by 
dividing one-twelfth of the projected annual revenue requirement for the 
Consumer Broadband-Only Loop category (net of the projected annual 
Connect America Fund Broadband Loop Support attributable to consumer 
broadband-only loops) by the projected average number of consumer 
broadband-only service lines in use during such annual period.
    (d) The maximum monthly per line charge for each Consumer Broadband-
Only Loop provided by a non-price cap local exchange carrier that elects 
model-based support pursuant to Sec.  54.311 of this chapter or Alaska 
Plan support pursuant to Sec.  54.306 of this chapter shall be $42.

[48 FR 10358, Mar. 11, 1983, as amended at 81 FR 24345, Apr. 25, 2016; 
81 FR 69716, Oct. 7, 2016]



 Subpart C_Computation of Charges for Price Cap Local Exchange Carriers

    Source: 62 FR 31935, June 11, 1997, unless otherwise noted.



Sec.  69.151  Applicability.

    This subpart shall apply only to telephone companies subject to the 
price cap regulations set forth in part 61 of this chapter.



Sec.  69.152  End user common line for price cap local exchange carriers.

    (a) A charge that is expressed in dollars and cents per line per 
month shall be assessed upon end users that subscribe to local exchange 
telephone service or Centrex service to the extent they do not pay 
carrier common line charges. A charge that is expressed in dollars and 
cents per line per month shall be assessed upon providers of public 
telephones. Such charge shall be assessed for each line between the 
premises of an end user, or public telephone location, and a Class 5 
office that is or may be used for local exchange service transmissions.
    (b) [Reserved]
    (c) The charge for each subscriber line associated with a public 
telephone shall be equal to the monthly charge computed in accordance 
with paragraph (k) of this section.
    (d)(1) Beginning July 1, 2000, in a study area that does not have 
deaveraged End User Common Line Charges, the maximum monthly charge for 
each primary residential or single-

[[Page 701]]

line business local exchange service subscriber line shall be the lesser 
of:
    (i) The Average Price Cap CMT Revenue per Line month as defined in 
Sec.  61.3(d) of this chapter; or
    (ii) The following:
    (A) On July 1, 2000, $4.35.
    (B) On July 1, 2001, $5.00.
    (C) On July 1, 2002, $6.00.
    (D) On July 1, 2003, $6.50.
    (2) In the event that GDP-PI exceeds 6.5% or is less than 0%, the 
maximum monthly charge in paragraph (d)(1)(ii) of this section and the 
cap will be adjusted pursuant to Sec.  61.45(b)(1)(iii) of this chapter.
    (e)(1) Beginning July 1, 2000, in a study area that does not have 
deaveraged End User Common Line Charges, the maximum monthly charge for 
each non-primary residential local exchange service subscriber line 
shall be the lesser of:
    (i) $7.00; or
    (ii) The greater of:
    (A) The rate as of June 30, 2000 less reductions needed to ensure 
over recovery of CMT Revenues does not occur; or
    (B) The Average Price Cap CMT Revenue per Line month as defined in 
Sec.  61.3(d) of this chapter.
    (2) In the event that GDP-PI is greater than 6.5% or is less than 
0%, the maximum monthly charge in paragraph (e)(1)(i) of this section 
and the cap will be adjusted pursuant to Sec.  61.45(b)(1)(iii) of this 
chapter.
    (3) Where the local exchange carrier provides a residential line to 
another carrier so that the other carrier may resell that residential 
line to a residence that already receives a primary residential line, 
the local exchange carrier may collect the non-primary residential 
charge described in paragraph (e) of this section from the other 
carrier.
    (f) The charge for each primary residential local exchange service 
subscriber line shall be the same as the charge for each single-line 
business local exchange service subscriber line.
    (g) A line shall be deemed to be a residential subscriber line if 
the subscriber pays a rate for such line that is described as a 
residential rate in the local exchange service tariff.
    (h) Effective July 1, 1999, only one of the residential subscriber 
lines a price cap local exchange carrier provides to a location shall be 
deemed to be a primary residential line.
    (1) Effective July 1, 1999, for purposes of Sec.  69.152(h) of this 
chapter, ``residential subscriber line'' includes residential lines that 
a price cap local exchange carrier provides to a competitive local 
exchange carrier that resells the line and on which the price cap local 
exchange carrier may assess access charges.
    (2) Effective July 1, 1999, if a customer subscribes to residential 
lines from a price cap local exchange carrier and at least one reseller 
of the price cap local exchange carrier's lines, the line sold by the 
price cap local exchange carrier shall be the primary line, except that 
if a resold price cap LEC line is already the primary line, the resold 
line will remain the primary line should a price cap local exchange 
carrier subsequently sell an additional line to that residence.
    (i) A line shall be deemed to be a single-line business subscriber 
line if the subscriber pays a rate that is not described as a 
residential rate in the local exchange service tariff and does not 
obtain more than one such line from a particular telephone company.
    (j) No charge shall be assessed for any WATS access line.
    (k)(1) Beginning on July 1, 2000, for any study area that does not 
have deaveraged End User Common Line charges and in the absence of 
voluntary reductions, the maximum monthly End User Common Line Charge 
for multi-line business lines will be the lesser of:
    (i) $9.20; or
    (ii) The greater of:
    (A) The rate as of June 30, 2000, less reductions needed to ensure 
over recovery of CMT Revenues does not occur; or
    (B) The Average Price Cap CMT Revenue per Line month as defined in 
Sec.  61.3(d) of this chapter.

    Note to paragraph (k)(1): Except when the local exchange carrier 
reduces the rate through voluntary reductions, the multi-line business 
End User Common Line charge will be frozen until the study area's multi-
line business PICC and CCL charge are eliminated.

    (2) In the event that GDP-PI is greater than 6.5% or is less than 
0%, the

[[Page 702]]

maximum monthly charge in paragraph (k)(1)(i) of this section and the 
cap will be adjusted pursuant to Sec.  61.45(b)(1)(iii) of this chapter.
    (l)(1) Beginning January 1, 1998, local exchange carrier shall 
assess no more than one End User Common Line charge as calculated under 
the applicable method under paragraph (e) of this section for Basic Rate 
Interface integrated services digital network (ISDN) service.
    (2) Local exchange carriers shall assess no more than five End User 
Common Line charges as calculated under paragraph (k) of this section 
for Primary Rate Interface ISDN service.
    (m) In the event the local exchange carrier charges less than the 
maximum End User Common Line charge for any subscriber lines, the local 
exchange carrier may not recover the difference between the amount 
collected and the maximum from carrier common line charges or PICCs.
    (n)-(p) [Reserved]
    (q) End User Common Line Charge De-Averaging. Beginning on July 1, 
2000, local exchange carriers may geographically deaverage End User 
Common Line charges subject to the following conditions:
    (1) In order for a price cap local exchange carrier to be allowed to 
de-average End User Common Line charges within a study area, the price 
cap local exchange carrier must have state Commission approved 
geographically deaveraged rates for UNE loops within that study area. 
Except where a LEC geographically deaverages through voluntary 
reductions, before a price cap local exchange carrier may geographically 
deaverage its End User Common Line rates, its Originating and 
Terminating CCL and Multi-line Business PICC rates in that study area 
must equal $0.00.
    (2) All geographic deaveraging of End User Common Line charges by 
customer class within a study area must be according to the state 
commission-approved UNE loop zone. Solely for the purposes of 
determining interstate subscriber line charges and the interstate access 
universal service support described in Sec. Sec.  54.806 and 54.807 of 
this chapter, a price cap local exchange carrier may not have more than 
four geographic End User Common Line Charge/Universal Service zones 
absent a review by the Commission. Where a price cap local exchange 
carrier has more than four state-created UNE zones and the Commission 
has not approved use of additional zones, the price cap local exchange 
carrier will determine, at its discretion, which state-created UNE zones 
to consolidate so that it has no more than four zones for the purpose of 
determining interstate subscriber line charges and interstate access 
universal service support.
    (3) Within a given zone, Multi-line Business End User Common Line 
rates cannot fall below Primary Residential and Single-Line Business or 
Non-Primary Residential End User Common Line charges. Non-Primary End 
User Common Line charges cannot fall below Primary Residential and 
Single-Line Business charges.
    (4) For any given class of customer in any given zone, the Zone 
deaveraged End User Common Line Charge in that zone must be greater than 
or equal to the Zone deaveraged End User Common Line charge in the zone 
with the next lower Zone Average Revenue Per Line.
    (5) The sum of all revenues per month that would be generated from 
all deaveraged End User Common Line charges in all zones within a study 
area plus Interstate Access Universal Service Support per Line month (as 
defined in Sec.  54.807 of this chapter) for the applicable customer 
classes and zones receiving such support multiplied by corresponding 
base period lines, divided by the number of base period lines in that 
study area cannot exceed Average Price Cap CMT Revenue per Line month as 
defined in Sec.  61.3(d) of this chapter for that study area. In 
addition, the sum of revenues per month that would be generated from all 
deaveraged End User Common Line charges in all End User Common Line 
charge deaveraging zones within a study area plus revenues per month 
from all End User Common Line charge, multi-line business PICC and CCL 
charges from study areas within that study area that have not 
geographically deaveraged End User Common Line charges plus the sum of 
all Interstate Access Universal Service Support per Line month (as 
defined in

[[Page 703]]

Sec.  54.807 of this chapter) for the applicable customer classes and 
zones receiving such support, multiplied by the corresponding base 
period lines for the applicable customer classes and zones within the 
study area, divided by the number of total base period lines in the 
study area cannot exceed Average Price Cap CMT Revenue per Line month as 
defined in Sec.  61.3(d) of this chapter for the study area.
    (6) Maximum charge. The maximum zone deaveraged End User Common Line 
Charge that may be charged in any zone is the applicable cap specified 
in Sec.  69.152(d)(1), Sec.  69.152(e)(1)(i) or Sec.  69.152 (k)(1)(i) 
Zone Average Revenue Per Line is the Average Price Cap CMT Revenue per 
Line month allocated to a particular state-defined zone used for 
deaveraging of UNE loop prices. The zone average revenue per line is 
computed pursuant to Sec.  61.3 (zz) of this chapter.
    (7) Minimum charge. Except where a local exchange carrier chooses to 
lower the deaveraged End User Common Line charge through voluntary 
reductions, the minimum zone deaveraged End User Common Line charge in 
any zone in a study area is at least the Minimum End User Common Line 
charge. Minimum End User Common Line charge is Zone Average Revenue Per 
Line for the zone with the lowest Zone Average Revenue Per Line in that 
study area plus an amount per line calculated to recover the difference 
between Interstate Access Universal Service Support Per Line (as defined 
in Sec.  54.807 of this chapter) multiplied by base period lines for the 
applicable customer class and zones receiving such support and Study 
Area Above Benchmark Revenues, first from Zone 1 until the End User 
Common Line charges in Zone 1 equal the End User Common Line charges in 
Zone 2, and then from lines in Zones 1 and 2 equally until the End User 
Common Line charges in those Zones reach Zone 3 (with all End User 
Common Line charges subject to the applicable residential and multi-line 
business lines nominal caps).
    (i) For the purposes of this part, ``Study Area Above Benchmark 
Revenues'' is the sum of all Zone Above Benchmark Revenues.
    (ii) For the purposes of this part, ``Zone Above Benchmark 
Revenues'' is calculated as follows:
    Zone Above Benchmark Revenues is the sum of Zone Above Benchmark 
Revenues for Residential and Single-line Business lines and Zone Above 
Benchmark Revenues for Multi-line Business lines. Zone Above Benchmark 
Revenues for Residential and Single-line Business lines is, within each 
zone, (Zone Average Revenue Per Line minus $7.00) multiplied by all 
eligible telecommunications carrier Base Period Residential and Single-
line Business lines times 12. If negative, the Zone Above Benchmark 
Revenues for Residential and Single-line Business lines for the zone is 
zero. Zone Above Benchmark Revenues for Multi-line Business lines is, 
within each zone,
    (Zone Average Revenue Per Line minus $9.20) multiplied by all 
eligible telecommunications carrier zone Base Period Multi-line Business 
lines times 12. If negative, the Zone Above Benchmark Revenues for 
Multi-line Business lines for the zone is zero.
    (8) Voluntary Reductions. A ``Voluntary Reduction'' is one in which 
the local exchange carrier reduces prices other than through offset of 
net increases in End User Common Line charge revenues or Interstate 
Access Universal Service support received pursuant to Sec.  54.807 of 
this chapter, or through increases in other zone deaveraged End User 
Common Line charges.

[65 FR 38701, June 21, 2000; 65 FR 57744, Sept. 26, 2000]



Sec.  69.153  Presubscribed interexchange carrier charge (PICC).

    (a) A charge expressed in dollars and cents per line may be assessed 
upon the Multi-line business subscriber's presubscribed interexchange 
carrier to recover revenues totaling Average Price Cap CMT Revenues per 
Line month times the number of base period lines less revenues recovered 
through the End User Common Line charge established under Sec.  69.152 
and Interstate Access Universal Service Support Per Line (as defined in 
Sec.  54.807 of this chapter) multiplied by base period lines for the 
applicable customer class and zones

[[Page 704]]

receiving such support, up to a maximum of $4.31 per line per month. In 
the event the ceilings on the PICC prevent the PICC from recovering all 
the residual common line/marketing and residual interconnection charge 
revenues, the PICC shall recover all residual common line/marketing 
revenues before it recovers residual interconnection charge revenues.
    (b) If an end-user customer does not have a presubscribed 
interexchange carrier, the local exchange carrier may collect the PICC 
directly from the end user.
    (c) [Reserved]
    (d) Local exchange carriers shall assess no more than five PICCs as 
calculated under paragraph (a) of this section for Primary Rate 
Interface ISDN service.
    (e) The maximum monthly PICC for Centrex lines shall be one-ninth of 
the maximum charge determined under paragraph (a) of this section, 
except that if a Centrex customer has fewer than nine lines, the maximum 
monthly PICC for those lines shall be the maximum charge determined 
under paragraph (a) of this section divided by the customer's number of 
Centrex lines.
    (f) The PICC shall not be applicable to any payphone lines.
    (g)-(h) [Reserved]

[65 FR 38703, June 21, 2000; 65 FR 57744, Sept. 26, 2000, as amended at 
68 FR 43329, July 22, 2003]



Sec.  69.154  Per-minute carrier common line charge.

    (a) Local exchange carriers may recover a per-minute carrier common 
line charge from interexchange carriers, collected on originating access 
minutes and calculated using the weighting method set forth in paragraph 
(c) of this section. The maximum such charge shall be the lower of:
    (1) The per-minute rate using base period demand that would recover 
the maximum allowable carrier common line revenue as defined in Sec.  
61.46(d) of this chapter; or
    (2) The sum of the local switching, carrier common line and 
interconnection charge charges assessed on originating minutes on 
December 31, 1997, minus the local switching charges assessed on 
originating minutes.
    (b) To the extent that paragraph (a) of this section does not 
recover from interexchange carriers all permitted carrier common line 
revenue, the excess may be collected through a per-minute charge on 
terminating access calculated using the weighting method set forth in 
paragraph (c) of this section.
    (c) For each Carrier Common Line access element tariff, the premium 
originating Carrier Common Line charge shall be set at a level that 
recovers revenues allowed under paragraphs (a) and (b) of this section. 
The non-premium charges shall be equal to .45 multiplied by the premium 
charges.

[62 FR 31935, June 11, 1997, as amended at 65 FR 38703, June 21, 2000]



Sec.  69.155  Per-minute residual interconnection charge.

    (a) Local exchange carriers may recover a per-minute residual 
interconnection charge on originating access. The maximum such charge 
shall be the lower of:
    (1) The per-minute rate that would recover the total annual residual 
interconnection charge revenues permitted less the portion of the 
residual interconnection charge allowed to be recovered under Sec.  
69.153; or
    (2) The sum of the local switching, carrier common line and residual 
interconnection charges assessed on originating minutes on December 31, 
1997, minus the local switching charges assessed on originating minutes, 
less the maximum amount allowed to be recovered under Sec.  69.154(a).
    (b) To the extent that paragraph (a) of this section prohibits a 
local exchange carrier from recovering all of the residual 
interconnection charge revenues permitted, the residual may be collected 
through a per-minute charge on terminating access.
    (c)(1) No portion of the charge assessed pursuant to paragraphs (a) 
or (b) of this section that recovers revenues that the local exchange 
carrier anticipates will be reassigned to other, facilities-based rate 
elements, including the tandem-switching rate element described in Sec.  
69.111(g), the three-part tandem switched transport rate structure 
described in Sec.  69.111(a)(2), and port and multiplexer charges 
described in

[[Page 705]]

Sec.  69.111(l), shall be assessed upon minutes utilizing the local 
exchange carrier's local switching facilities, but not the local 
exchange carrier's transport service.
    (2) If a local exchange carrier cannot recover its full residual 
interconnection charge revenues through the PICC mechanism established 
in Sec.  69.153, and will consequently cover a portion of its residual 
interconnection charge revenues through per-minute charges assessed 
pursuant to paragraphs (a) and (b) of this section, then the local 
exchange carrier must allocate its residual interconnection charge 
revenues subject to the exemption established in paragraph (c)(1) of 
this section between the PICC and the per-minute residual 
interconnection charge in the same proportion as other residual 
interconnection charge revenues are allocated between these two recovery 
mechanisms.

[62 FR 31938, June 11, 1997; 62 FR 40460, July 29, 1997, as amended at 
62 FR 56133, Oct. 29, 1997]



Sec.  69.156  Marketing expenses.

    Effective July 1, 2000, the marketing expenses formerly allocated to 
the common line and traffic sensitive baskets, and the switched services 
within the trunking basket pursuant to Sec.  32.6610 of this chapter and 
Sec.  69.403 will now be recovered in the CMT basket created pursuant to 
Sec.  61.42(d)(1) of this chapter. These marketing expenses will be 
recovered through the elements outlined in Sec. Sec.  69.152, 69.153 and 
69.154.

[65 FR 38703, June 21, 2000]



Sec.  69.157  Line port costs in excess of basic, analog service.

    To the extent that the costs of ISDN line ports, and line ports 
associated with other services, exceed the costs of a line port used for 
basic, analog service, local exchange carriers may recover the 
difference through a separate monthly end-user charge. As of June 30, 
2000, these rates will be capped until June 30, 2005.

[65 FR 38704, June 21, 2000; 65 FR 57744, Sept. 26, 2000]



Sec.  69.158  Universal service end user charges.

    To the extent the company makes contributions to the Universal 
Service Support Mechanisms pursuant to Sec. Sec.  54.706 and 54.709 of 
this chapter and the local exchange carrier seeks to recover some or all 
of the amount of such contribution, the local exchange carrier shall 
recover those contributions through a charge to end users other than 
Lifeline users. These contributions are not a part of any price cap 
baskets, and the charge to recover these contributions is not part of 
any other element established pursuant to part 69. Such a charge may be 
assessed on a per-line basis or as a percentage of interstate retail 
revenues, and at the option of the local exchange carrier it may be 
combined for billing purposes with other end user retail rate elements. 
A local exchange carrier opting to assess the Universal Service end-user 
rate element on a per-line basis may apply that charge using the 
``equivalency'' relationships established for the multi-line business 
PICC for Primary Rate ISDN service, as per Sec.  69.153(d), and for 
Centrex lines, as per Sec.  69.153(e).

[65 FR 38704, June 21, 2000; 65 FR 57744, Sept. 26, 2000]



                Subpart D_Apportionment of Net Investment

    Source: 52 FR 37312, Oct. 6, 1987, unless otherwise noted.



Sec.  69.301  General.

    (a) For purposes of computing annual revenue requirements for access 
elements net investment as defined in Sec.  69.2 (z) shall be 
apportioned among the interexchange category, the billing and collection 
category and access elements as provided in this subpart. For purposes 
of this subpart, local transport includes five elements: entrance 
facilities, direct-trunked transport, tandem-switched transport, 
dedicated signaling transport, and the interconnection charge. Expenses 
shall be apportioned as provided in subpart E of this part.
    (b) The End User Common Line and Carrier Common Line elements shall

[[Page 706]]

be combined for purposes of this subpart and subpart E of this part. 
Those elements shall be described collectively as the Common Line 
element. The Common Line element revenue requirement shall be segregated 
in accordance with subpart F of this part.

[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 54722, Nov. 20, 1992]



Sec.  69.302  Net investment.

    (a) Investment in Accounts 2001, 1220 and Class B Rural Telephone 
Bank Stock booked in Account 1410 shall be apportioned among the 
interexchange category, billing and collection category and appropriate 
access elements as provided in Sec. Sec.  69.303 through 69.309.
    (b) Investment in Accounts 2002, 2003 and to the extent such 
inclusions are allowed by this Commission, Account 2005 shall be 
apportioned on the basis of the total investment in Account 2001, 
Telecommunications Plant in Service.

[52 FR 37312, Oct. 6, 1987, as amended at 54 FR 3456, Jan. 24, 1989; 67 
FR 5703, Feb. 6, 2002]



Sec.  69.303  Information origination/termination equipment (IOT).

    Investment in all other IOT shall be apportioned between the Special 
Access and Common Line elements on the basis of the relative number of 
equivalent lines in use, as provided herein. Each interstate or foreign 
Special Access Line, excluding lines designated in Sec.  69.115(e), 
shall be counted as one or more equivalent lines where channels are of 
higher than voice bandwidth, and the number of equivalent lines shall 
equal the number of voice capacity analog or digital channels to which 
the higher capacity is equivalent. Local exchange subscriber lines shall 
be multiplied by the interstate Subscriber Plant Factor to determine the 
number of equivalent local exchange subscriber lines.

[52 FR 37312, Oct. 6, 1987, as amended at 62 FR 31938, June 11, 1997]



Sec.  69.304  Subscriber line cable and wire facilities.

    (a) Investment in local exchange subscriber lines shall be assigned 
to the Common Line element.
    (b) Investment in interstate and foreign private lines and 
interstate WATS access lines shall be assigned to the Special access 
element.

[52 FR 37312, Oct. 6, 1987, as amended at 62 FR 31938, June 11, 1997]



Sec.  69.305  Carrier cable and wire facilities (C&WF).

    (a) Carrier C&WF that is not used for ``origination'' or 
``termination'' as defined in Sec.  69.2(bb) and Sec.  69.2(cc) shall be 
assigned to the interexchange category.
    (b) Carrier C&WF, other than WATS access lines, not assigned 
pursuant to paragraph (a), (c), or (e) of this section that is used for 
interexchange services that use switching facilities for origination and 
termination that are also used for local exchange telephone service 
shall be apportioned to the local Transport elements.
    (c) Carrier C&WF that is used to provide transmission between the 
local exchange carrier's signalling transfer point and the database 
shall be assigned to the Line Information Database sub-element at Sec.  
69.120(a).
    (d) All Carrier C&WF that is not apportioned pursuant to paragraphs 
(a), (b), (c), and (e) of this section shall be assigned to the Special 
Access element.
    (e) Carrier C&WF that is used to provide transmission between the 
local exchange carrier's signalling transfer point and the local switch 
shall be assigned to the local switching category.

[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 24380, June 9, 1992; 58 
FR 30995, May 28, 1993; 62 FR 31938, June 11, 1997]



Sec.  69.306  Central office equipment (COE).

    (a) The Separations Manual categories shall be used for purposes of 
apportioning investment in such equipment except that any Central office 
equipment attributable to local transport shall be assigned to the 
Transport elements.
    (b) COE Category 1 (Operator Systems Equipment) shall be apportioned 
among the interexchange category and the access elements as follows: 
Category 1 that is used for intercept services shall be assigned to the 
Local Switching element. Category 1 that is used for directory 
assistance shall be

[[Page 707]]

assigned to the Information element. Category 1 other than service 
observation boards that is not assigned to the Information element and 
is not used for intercept services shall be assigned to the 
interexchange category. Service observation boards shall be apportioned 
among the interexchange category, and the Information and Transport 
access elements based on the remaining combined investment in COE 
Category 1, Category 2 and Category 3.
    (c) COE Category 2 (Tandem Switching Equipment) that is deemed to be 
exchange equipment for purposes of the Modification of Final Judgment in 
United States v. Western Electric Co. shall be assigned to the tandem 
switching charge subelement and the interconnection charge element. COE 
Category 2 which is associated with the signal transfer point function 
shall be assigned to the local switching category. COE Category 2 which 
is used to provide transmission facilities between the local exchange 
carrier's signalling transfer point and the database shall be assigned 
to the Line Information Database subelement at Sec.  69.120(a). All 
other COE Category 2 shall be assigned to the interexchange category.
    (d) COE Category 3 (Local Switching Equipment) shall be assigned to 
the Local Switching element except as provided in paragraph (a) of this 
section; and that,
    (1) For telephone companies subject to price cap regulation set 
forth in part 61 of this chapter, line-side port costs shall be assigned 
to the Common Line rate element; and
    (2) [Reserved]
    (3) Beginning July 1, 2012, a non-price cap local exchange carrier 
shall assign line-side port costs to the Common Line rate element equal 
to the amount of line-side port costs it shifted in its 2011 projected 
Interstate Switched Access Revenue Requirement.
    (e) COE Category 4 (Circuit Equipment) shall be apportioned among 
the interexchange category and the Common Line, Transport, and Special 
Access elements. COE Category 4 shall be apportioned in the same 
proportions as the associated Cable and Wireless Facilities; except that 
any DS1/voice-grade multiplexer investment associated with analog local 
switches and assigned to the local transport category by this section 
shall be reallocated to the local switching category.

[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 54722, Nov. 20, 1992; 58 
FR 30995, May 28, 1993; 62 FR 31938, June 11, 1997; 66 FR 59732, Nov. 
30, 2001; 78 FR 26269, May 6, 2013; 81 FR 24345, Apr. 25, 2016]



Sec.  69.307  General support facilities.

    (a) General purpose computer investment used in the provision of the 
Line Information Database sub-element at Sec.  69.120(b) shall be 
assigned to that sub-element.
    (b) General purpose computer investment used in the provision of the 
billing name and address element at Sec.  69.128 shall be assigned to 
that element.
    (c)(1) Until June 30, 2002, for all local exchange carriers not 
subject to price cap regulation and for other carriers that acquire all 
of the billing and collection services that they provide to 
interexchange carriers from unregulated affiliates through affiliate 
transactions, from unaffiliated third parties, or from both of these 
sources, all other General Support Facilities investments shall be 
apportioned among the interexchange category, the billing and collection 
category, and Common Line, Local Switching, Information, Transport, and 
Special Access elements on the basis of Central Office Equipment, 
Information Origination/Termination Equipment, and Cable and Wire 
Facilities, combined.
    (2) Beginning July 1, 2002, for all local exchange carriers that 
acquire all of the billing and collection services that they provide to 
interexchange carriers from unregulated affiliates through affiliate 
transactions, from unaffiliated third parties, or from both of these 
sources, all other General Support Facilities investments shall be 
apportioned among the interexchange category, the billing and collection 
category, and Common Line, Local Switching, Information, Transport, and 
Special Access elements on the basis of Central Office Equipment, 
Information Origination/Termination Equipment, and Cable and Wire 
Facilities, combined.
    (d) For local exchange carriers subject to price cap regulation and 
not

[[Page 708]]

covered by Section 69.307(c), a portion of General purpose computer 
investment (Account 2124), investment in Land (Account 2111), Buildings 
(Account 2121), and Office equipment (Account 2123) shall be apportioned 
to the billing and collection category on the basis of the Big Three 
Expense Factors allocator, defined in Section 69.2 of this Part, 
modified to exclude expenses that are apportioned on the basis of 
allocators that include General Support Facilities investment. The 
remaining portion of investment in these four accounts together with all 
other General Support Facilities investments shall be apportioned among 
the interexchange category, the billing and collection category, and 
Common Line, Local Switching, Information, Transport, and Special Access 
Elements on the basis of Central Office Equipment, Information 
Origination/Termination Equipment, and Cable and Wire Facilities, 
combined.
    (e) Beginning July 1, 2002, for non-price cap local exchange 
carriers not covered by Sec.  69.307(c)(2), a portion of General purpose 
computer investment shall be apportioned to the billing and collection 
category on the basis of the Big Three Expense Factors allocator, 
defined in Sec.  69.2, modified to exclude expenses that are apportioned 
on the basis of allocators that include General Support Facilities 
investment. The remaining General Support Facilities investments shall 
be apportioned among the interexchange category, the billing and 
collection category, and Common Line, Local Switching, Information, 
Transport, and Special Access Elements on the basis of Central Office 
Equipment, Information Origination/Termination Equipment, and Cable and 
Wire Facilities, combined.

[58 FR 30995, May 28, 1993, as amended at 58 FR 36145, July 6, 1993; 62 
FR 31939, June 11, 1997; 62 FR 40464, July 29, 1997; 62 FR 65622, Dec. 
15, 1997; 66 FR 59732, Nov. 30, 2001]



Sec.  69.308  [Reserved]



Sec.  69.309  Other investment.

    Investment that is not apportioned pursuant to Sec. Sec.  69.302 
through 69.307 shall be apportioned among the interexchange category, 
the billing and collection category and access elements in the same 
proportions as the combined investment that is apportioned pursuant to 
Sec. Sec.  69.303 through 69.307.

[62 FR 31939, June 11, 1997]



Sec.  69.310  Capital leases.

    Capital Leases in Account 2680 shall be directly assigned to the 
appropriate interexchange category or access elements consistent with 
the treatment prescribed for similar plant costs or shall be apportioned 
in the same manner as Account 2001.



Sec.  69.311  Consumer Broadband-Only Loop investment.

    (a) Each non-price cap local exchange carrier shall remove consumer 
broadband-only loop investment assigned to the special access category 
by Sec. Sec.  69.301 through 69.310 from the special access category and 
assign it to the Consumer Broadband-Only Loop category when the tariff 
charge described in Sec.  69.132 of this part becomes effective.
    (b) Until June 30, 2018, the consumer broadband-only loop investment 
to be removed from the special access category shall be determined using 
the following estimation method.
    (1) To determine the investment in Common Line facilities as if 100 
percent were allocated to the interstate jurisdiction, a carrier shall 
use 100 percent as the interstate allocator in determining investment 
and the allocation of investment to the common line category under part 
36 of this chapter and this part.
    (2) The result of paragraph (b)(1) of this section shall be divided 
by the number of voice and voice/data lines in the study area to produce 
an average investment per line.
    (3) The average investment per line determined by paragraph (b)(2) 
of this section shall be multiplied by the number of Consumer Broadband-
only Loops in the study area to derive the investment to be shifted from 
the Special Access category to the Consumer Broadband-only Loop 
category.
    (c) Beginning July 1, 2018, each carrier shall determine, consistent 
with the Part 36 and Part 69 cost allocation rules, the amount of 
Consumer Broadband-Only Loop investment and related reserves and other 
investment

[[Page 709]]

assigned to the interstate Special Access category that is to be shifted 
to the Consumer Broadband-Only Loop category.

[81 FR 24345, Apr. 25, 2016, as amended at 82 FR 14340, Mar. 20, 2017; 
83 FR 14189, Apr. 3, 2018]



                   Subpart E_Apportionment of Expenses

    Source: 52 FR 37313, Oct. 6, 1987, unless otherwise noted.



Sec.  69.401  Direct expenses.

    (a) Plant Specific Operations Expenses in Accounts 6110 and 6120 
shall be apportioned among the interexchange category, the billing and 
collection category and appropriate access elements on the following 
basis:
    (1) Account 6110--Apportion on the basis of other investment 
apportioned pursuant to Sec.  69.309.
    (2) Account 6120--Apportion on the basis of General and Support 
Facilities investment pursuant to Sec.  69.307.
    (b) Plant Specific Operations Expenses in Accounts 6210, 6220, and 
6230, shall be apportioned among the interexchange category and access 
elements on the basis of the apportionment of the investment in Accounts 
2210, 2220, and 2230, respectively; provided that any expenses 
associated with DS1/voice-grade multiplexers, to the extent that they 
are not associated with an analog tandem switch, assigned to the local 
transport category by this paragraph shall be reallocated to the local 
switching category; provided further that any expenses associated with 
common channel signalling included in Account 6210 shall be assigned to 
the local transport category.
    (c) Plant Specific Operations Expenses in Accounts 6310 and 6410 
shall be assigned to the appropriate investment category and shall be 
apportioned among the interexchange category and access elements in the 
same proportions as the total associated investment.
    (d) Plant Non Specific Operations Expenses in Accounts 6510 and 6530 
shall be apportioned among the interchange category, the billing and 
collection category, and access elements in the same proportions as the 
combined investment in COE, IOT, and C&WF apportioned to each element 
and category.
    (e) Plant Non Specific Operations Expenses in Account 6540 shall be 
assigned to the interexchange category.
    (f) Plant Non Specific Operations Expenses in Account 6560 shall be 
apportioned among the interexchange category, the billing and collection 
category, and access elements in the same proportion as the associated 
investment.
    (g) Amortization of embedded customer premises wiring investment 
shall be deemed to be associated with Sec.  69.303(b) IOT investment for 
purposes of the apportionment described in paragraph (c) of this 
section.

[52 FR 37313, Oct. 6, 1987, as amended at 62 FR 31939, June 11, 1997]



Sec.  69.402  Operating taxes (Account 7200).

    (a) Federal income taxes, state and local income taxes, and state 
and local gross receipts or gross earnings taxes that are collected in 
lieu of a corporate income tax shall be apportioned among the 
interexchange category, the billing and collection category and all 
access elements based on the approximate net taxable income on which the 
tax is levied (positive or negative) applicable to each element and 
category.
    (b) All other operating taxes shall be apportioned among the 
interexchange category, the billing and collection category and all 
access elements in the same manner as the investment apportioned to each 
element and category pursuant to Sec.  69.309 Other Investment.



Sec.  69.403  Marketing expense (Account 6610).

    Marketing expense shall be apportioned among the interexchange 
category and all access elements in the same proportions as the combined 
investment that is apportioned pursuant to Sec.  69.309.



Sec.  69.404  Telephone operator services expenses in Account 6620.

    Telephone Operator Services expenses shall be apportioned among the 
interexchange category, and the Local Switching and Information elements

[[Page 710]]

based on the relative number of weighted standard work seconds. For 
those companies who contract with another company for the provision of 
these services, the expenses incurred shall be directly assigned among 
the interexchange category and the Local Switching and Information 
elements on the basis of the bill rendered for the services provided.



Sec.  69.405  Published directory expenses in Account 6620.

    Published Directory expenses shall be assigned to the Information 
element.



Sec.  69.406  Local business office expenses in Account 6620.

    (a) Local business office expenses shall be assigned as follows:
    (1) End user service order processing expenses attributable to 
presubscription shall be apportioned among the Common Line, Switching, 
and Transport elements in the same proportion as the investment 
apportioned to those elements pursuant to Sec.  69.309.
    (2) End user service order processing, payment and collection, and 
billing inquiry expenses attributable to the company's own interstate 
private line and special access service shall be assigned to the Special 
Access element.
    (3) End user service order processing, payment and collection, and 
billing inquiry expenses attributable to interstate private line service 
offered by an interexhange carrier shall be assigned to the billing and 
collection category.
    (4) End user service order processing, payment and collection, and 
billing inquiry expenses attributable to the company's own interstate 
message toll service shall be assigned to the interexchange category. 
End user service order processing, payment and collection, and billing 
inquiry expenses attributable to interstate message toll service offered 
by an interexchange carrier shall be assigned to the billing and 
collection category. End user payment and collection and billing inquiry 
expenses attributable to End User Common Line access billing shall be 
assigned to the Common Line element.
    (5) End user service order processing, payment and collection, and 
billing inquiry expenses attributable to TWX service shall be assigned 
to the Special Access element.
    (6) Interexchange carrier service order processing, payment and 
collection, and billing inquiry expenses attributable to private lines 
and special access shall be assigned to the Special Access element.
    (7) Interexchange carrier service order processing, payment and 
collection, and billing inquiry expenses attributable to interstate 
switched access and message toll, shall be apportioned among the Common 
Line, Local Switching and Transport elements in the same proportion as 
the investment apportioned to those elements pursuant to Sec.  69.309.
    (8) Interexchange carrier service order processing, payment and 
collection, and billing inquiry expenses attributable to billing and 
collection service shall be assigned to the billing and collection 
category.

[52 FR 37313, Oct. 6, 1987, as amended at 62 FR 31939, June 11, 1997]



Sec.  69.407  Revenue accounting expenses in Account 6620.

    (a) Revenue accounting expenses that are attributable to End User 
Common Line access billings shall be assigned to the Common Line 
element.
    (b) Revenue Accounting Expenses that are attributable to carrier's 
carrier access billing and collecting expense shall be apportioned among 
all carrier's carrier access elements except the Common Line element. 
Such expenses shall be apportioned in the same proportion as the 
combined investment in COE, C&WF and IOT apportioned to those elements.
    (c) Revenue Accounting Expenses allocated to the interstate 
jurisdiction that are attributable to the provision of billing name and 
address information shall be assigned to the Billing Name and Address 
element.
    (d) All other Revenue Accounting Expenses shall be assigned to the 
billing and collection category.

[52 FR 37313, Oct. 6, 1987, as amended at 58 FR 65671, Dec. 16, 1993]

[[Page 711]]



Sec.  69.408  All other customer services expenses in Account 6620.

    All other customer services expenses shall be apportioned among the 
Interexchange category, the billing and collection category and all 
access elements based on the combined expenses in Sec. Sec.  69.404 
through 69.407.

[52 FR 37313, Oct. 6, 1987, as amended at 54 FR 3456, Jan. 24, 1989]



Sec.  69.409  Corporate operations expenses (included in Account 6720).

    All corporate operations expenses shall be apportioned among the 
interexchange category, the billing and collection category and all 
access elements in accordance with the Big 3 Expense Factor as defined 
in Sec.  69.2(f).



Sec.  69.411  Other expenses.

    Except as provided in Sec. Sec.  69.412, 69.413, and 69.414, 
expenses that are not apportioned pursuant to Sec. Sec.  69.401 through 
69.409 shall be apportioned among the interexchange category and all 
access elements in the same manner as Sec.  69.309 Other investment.

[62 FR 31639, June 11, 1997]



Sec.  69.412  Non participating company payments/receipts.

    For telephone companies that are not association Common Line tariff 
participants, the payment or receipt of funds described in Sec.  
69.612(a) and (b) shall be apportioned, respectively, as an addition to 
or a deduction from their common line revenue requirement.



Sec.  69.413  High cost loop support universal service fund expenses.

    Beginning April 1, 1989, expenses allocated to the interstate 
jurisdiction pursuant to Sec. Sec.  54.1310 and 36.641 of this chapter 
shall be assigned to the Universal Service Fund Element.

[79 FR 39193, July 9, 2014]



Sec.  69.414  Lifeline assistance expenses.

    Expenses allocated to the interstate jurisdiction pursuant to Sec.  
36.741 shall be assigned to the Carrier Common Line element until March 
31, 1989. Beginning April 1, 1989, such expenses shall be assigned to 
the Lifeline Assistance element.



Sec.  69.415  Reallocation of certain transport expenses.

    (a)-(c) [Reserved]
    (d) Beginning July 1, 2012, the amount of the Transport 
Interconnection Charges to be reallocated to each category shall be 
equal to the amount of Transport Interconnection Charge costs the non-
price cap local exchange carrier was projected to shift to each category 
in projecting its 2011 Interstate Switched Access Revenue Requirement.

[66 FR 59733, Nov. 30, 2001, as amended at 78 FR 5750, Jan. 28, 2013; 78 
FR 26269, May 6, 2013; 81 FR 24346, Apr. 25, 2016]



Sec.  69.416  Consumer Broadband-Only Loop expenses.

    (a) Each non-price cap local exchange carrier shall remove consumer 
broadband-only loop expenses assigned to the Special Access category by 
Sec. Sec.  69.401 through 69.415 from the special access category and 
assign them to the Consumer Broadband-Only Loop category when the tariff 
charge described in Sec.  69.132 of this Part becomes effective.
    (b) Until June 30, 2018, the consumer broadband-only loop expenses 
to be removed from the special access category shall be determined using 
the following estimation method.
    (1) The expenses assigned to the Common Line category as if the 
common line expenses were 100 percent interstate shall be determined 
using the methodology employed in Sec.  69.311(b)(1).
    (2) The result of paragraph (b)(1) of this section shall be divided 
by the number of voice and voice/data lines in the study area to produce 
an average expense per line.
    (3) The average expense per line determined by paragraph (b)(2) of 
this section shall be multiplied by the number of Consumer Broadband-
only Loops in the study area to derive the expenses to be shifted from 
the Special Access category to the Consumer Broadband-only Loop 
category.
    (c) Beginning July 1, 2018, each carrier shall determine, consistent 
with the Part 36 and Part 69 cost allocation rules, the amount of 
Consumer

[[Page 712]]

Broadband-Only Loop expenses assigned to the interstate Special Access 
category that are to be shifted to the Consumer Broadband-Only Loop 
category.

[81 FR 24346, Apr. 25, 2016, as amended at 83 FR 14189, Apr. 3, 2018]



    Subpart F_Segregation of Common Line Element Revenue Requirement



Sec.  69.501  General.

    (a) [Reserved]
    (b) Until December 31, 2001, any portion of the Common Line element 
annual revenue requirement that is attributable to CPE investment or 
expense or surrogate CPE investment or expense shall be assigned to the 
Carrier Common Line element or elements.
    (c) Until December 31, 2001, any portion of the Common Line element 
annual revenue requirement that is attributable to customer premises 
wiring included in IOT investment or expense shall be assigned to the 
Carrier Common Line element or elements.
    (d) [Reserved]
    (e) Until December 31, 2001, any portion of the Common Line element 
revenue requirement that is not assigned to Carrier Common Line elements 
pursuant to paragraphs (b) and (c) of this section shall be apportioned 
between End User Common Line and Carrier Common Line pursuant to Sec.  
69.502. Such portion of the Common Line element annual revenue 
requirement shall be described as the base factor portion for purposes 
of this subpart.
    (f) Beginning January 1, 2002, the Common Line element revenue 
requirement shall be apportioned between End User Common Line and 
Carrier Common Line pursuant to Sec.  69.502. The Common Line element 
annual revenue requirement shall be described as the base factor portion 
for purposes of this subpart.

[48 FR 10358, Mar. 11, 1983, as amended at 50 FR 18262, Apr. 30, 1985; 
52 FR 21542, June 8, 1987; 52 FR 37314, Oct. 6, 1987; 61 FR 65364, Dec. 
12, 1996; 62 FR 31939, June 11, 1997; 66 FR 59733, Nov. 30, 2001]



Sec.  69.502  Base factor allocation.

    Projected revenues from the following shall be deducted from the 
base factor portion to determine the amount that is assigned to the 
Carrier Common Line element:
    (a) End User Common Line charges, less any marketing expense 
revenues recovered through end user common line charges pursuant to 
Sec.  69.156;
    (b) Special Access surcharges; and
    (c) Beginning July 1, 2002, the portion of per-line support that 
carriers receive pursuant to Sec.  54.901 of this chapter; and
    (d) Line port costs in excess of basic analog service pursuant to 
Sec.  69.130.

[62 FR 31939, June 11, 1997, as amended at 62 FR 40464, July 29, 1997; 
66 FR 59733, Nov. 30, 2001; 78 FR 5750, Jan. 28, 2013]



                 Subpart G_Exchange Carrier Association



Sec.  69.601  Exchange carrier association.

    (a) An association shall be established in order to prepare and file 
access charge tariffs on behalf of all telephone companies that do not 
file separate tariffs or concur in a joint access tariff of another 
telephone company for all access elements.
    (b) All telephone companies that participate in the distribution of 
Carrier Common Line revenue requirement, pay long term support to 
association Common Line tariff participants, or receive payments from 
the transitional support fund administered by the association shall be 
deemed to be members of the association.
    (c) All data submissions to the association required by this title 
shall be accompanied by the following certification statement signed by 
the officer or employee responsible for the overall preparation for the 
data submission:

                              Certification

    I am (title of certifying officer or employee). I hereby certify 
that I have overall responsibility for the preparation of all data in 
the attached data submission for (name of carrier) and that I am 
authorized to execute this certification. Based on information known to 
me or provided to me by employees responsible for the preparation of the 
data in this submission, I hereby certify that the data have been 
examined and reviewed and are complete, accurate, and consistent with

[[Page 713]]

the rules of the Federal Communications Commission.
Date:___________________________________________________________________

Name:___________________________________________________________________

Title:__________________________________________________________________

(Persons making willful false statements in this data submission can be 
punished by fine or imprisonment under the provisions of the U.S. Code, 
Title 18, Section 1001).

[48 FR 10358, Mar. 11, 1983, as amended at 52 FR 21542, June 8, 1987; 60 
FR 19530, Apr. 19, 1995]



Sec.  69.602  Board of directors.

    (a) For purposes of this section, the association membership shall 
be divided into three subsets:
    (1) The first subset shall consist of the telephone companies owned 
and operated by the seven Regional Bell Holding Companies;
    (2) The second subset shall consist of all other telephone companies 
with annual operating revenues in excess of forty million dollars;
    (3) The third subset shall consist of all other telephone companies. 
All commonly controlled companies shall be deemed to be one company for 
purposes of this section.
    (b) There shall be fifteen directors of the association.
    (c) Two directors shall represent the first subset, two directors 
shall represent the second subset, six directors shall represent the 
third subset, and five directors shall represent all three subsets.
    (d) No director who represents all three subsets shall be a current 
or former officer or employee of the association or of any association 
member, or have a business relationship or other interest that could 
interfere with his or her exercise of independent judgment.
    (e) Each subset of the association membership shall select the 
directors who will represent it through elections in which each member 
of the subset shall be entitled to one vote for each director position 
within that subset.
    (f) The association membership shall select the directors who will 
represent all three subsets through an election in which each member of 
the association shall be entitled to one vote for each director 
position. No director representing all three subsets may serve for more 
than six consecutive calendar years without standing for an election in 
which that director is opposed by at least one other candidate meeting 
the qualifications in paragraph (d) of this section.
    (g) At least one director representing all three subsets shall be a 
member of each committee of association directors.
    (h) For each access element or group of access elements for which 
voluntary pooling is permitted, there shall be a committee that is 
responsible for the preparation of charges for the associated access 
elements that comply with all applicable sections in this part.

[60 FR 19530, Apr. 19, 1995, as amended at 68 FR 46502, Aug. 6, 2003]



Sec.  69.603  Association functions.

    (a) The Association shall not engage in any activity that is not 
related to the preparation of access charge tariffs or the collection 
and distribution of access charge revenues or the operation of a billing 
and collection pool on an untariffed basis unless such activity is 
expressly authorized by order of the Commission.
    (b) Participation in Commission or court proceedings relating to 
access charge tariffs, the billing and collection of access charges, the 
distribution of access charge revenues, or the operation of a billing 
and collection pool on an untariffed basis shall be deemed to be 
authorized association activities.
    (c)-(e) [Reserved]
    (f) The association shall also prepare and file an access charge 
tariff containing terms and conditions for access service and form for 
the filing of rate schedules by telephone companies that choose to 
reference these terms and conditions while filing their own access 
rates.
    (g) The association shall divide the expenses of its operations into 
two categories. The first category (``Category I Expenses'') shall 
consist of those expenses that are associated with the preparation, 
defense, and modification of association tariffs, those expenses that 
are associated with the administration of pooled receipts and 
distributions of exchange carrier revenues resulting from association 
tariffs, those

[[Page 714]]

expenses that are associated with association functions pursuant to 
paragraphs (c) through (g) of this section, and those expenses that 
pertain to Commission proceedings involving this subpart. The second 
category (``Category II Expenses'') shall consist of all other 
association expenses. Category I Expenses shall be sub-divided into 
three components in proportion to the revenues associated with each 
component. The first component (``Category I.A Expenses'') shall be in 
proportion to High Cost Loop Support revenues. The second component 
(``Category I.B Expenses'') shall be in proportion to the sum of the 
association End User Common Line revenues and the association Special 
Access Surcharge revenues. Interstate Common Line Support Revenues and 
Connect America Fund Broadband Loop Support revenues shall be included 
in the allocation base for Category I.B expenses. The third component 
(``Category I.C Expenses'') shall be in proportion to the revenues from 
all other association interstate access charges.
    (h)(1) The revenue requirement for association tariffs filed 
pursuant to Sec.  69.4(c) shall not include any association expenses 
other than Category I.A Expenses.
    (2) The revenue requirement for association tariffs filed pursuant 
to Sec.  69.4 (a) and (b)(2) shall not include any Association expenses 
other than Category I.B Expenses.
    (3) The revenue requirement for association tariffs filed pursuant 
to Sec.  69.4(b) (1) and (3)-(7) shall not include any association 
expenses other than Category I.C Expenses.
    (4) No distribution to an exchange carrier of High Cost Loop Support 
revenues shall include adjustments for association expenses other than 
Category I.A. Expenses.
    (5) No distribution to an exchange carrier of revenues from 
association End User Common Line charges shall include adjustments for 
association expenses other than Category I.B Expenses. Interstate Common 
Line Support and Connect America Fund Broadband Loop Support shall be 
subject to this provision.
    (6) No distribution to an exchange carrier of revenues from 
association interstate access charges other than End User Common Line 
charges and Special Access Surcharges shall include adjustments for 
association expenses other than Category I.C Expenses.
    (7) The association shall separately identify all Category I.A, I.B 
and I.C expenses in cost support materials filed with each annual 
association access tariff filing.

[54 FR 8197, Feb. 27, 1989, as amended at 54 FR 8199, Feb. 27, 1989; 62 
FR 41306, Aug. 1, 1997; 63 FR 70578, Dec. 21, 1998; 66 FR 59733, Nov. 
30, 2001; 81 FR 24346, Apr. 25, 2016]



Sec.  69.604  Billing and collection of access charges.

    (a) Telephone companies shall bill and collect all access charges 
except those charges specified in Sec. Sec.  69.116 and 69.117.
    (b) All access charges shall be billed monthly.

[51 FR 9012, Mar. 17, 1986, as amended at 52 FR 21543, June 8, 1987]



Sec.  69.605  Reporting and distribution of pool access revenues.

    (a) Access revenues and cost data shall be reported by participants 
in association tariffs to the association for computation of monthly 
pool revenues distributions in accordance with this subpart.
    (b) Association expenses incurred during the month that are 
allowable access charge expenses shall be reimbursed before any other 
funds are disbursed.
    (c) Except as provided in paragraph (b) of this section, payments to 
average schedule companies that are computed in accordance with Sec.  
69.606 shall be disbursed before any other funds are disbursed. For 
purposes of this part, a telephone company that was participating in 
average schedule settlements on December 1, 1982, shall be deemed to be 
an average schedule company except that any company that does not join 
in association tariffs for all access elements shall not be deemed to be 
an average schedule company.
    (d) The residue shall be disbursed to telephone companies that are 
not average schedule companies in accordance with Sec. Sec.  69.607 
through 69.610.

[[Page 715]]

    (e) The association shall submit a report on or before February 1 of 
each calendar year describing the association's cost study review 
process for the preceding calendar year as well as the results of that 
process. For any revisions to cost study results made or recommended by 
the association that would change the respective carrier's calculated 
annual common line or traffic sensitive revenue requirement by ten 
percent or more, the report shall include the following information:
    (1) The name of the carrier;
    (2) A detailed description of the revisions;
    (3) The amount of the revisions;
    (4) The impact of the revisions on the carrier's calculated common 
line and traffic sensitive revenue requirements; and
    (5) The carrier's total annual common line and traffic sensitive 
revenue requirement.

[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 17027, May 8, 1986; 52 
FR 21543, June 8, 1987; 54 FR 11537, Mar. 21, 1989; 60 FR 19530, Apr. 
19, 1995]



Sec.  69.606  Computation of average schedule company payments.

    (a) Payments shall be made in accordance with a formula approved or 
modified by the Commission. Such formula shall be designed to produce 
disbursements to an average schedule company that simulate the 
disbursements that would be received pursuant to Sec.  69.607 by a 
company that is representative of average schedule companies.
    (b) The association shall submit a proposed revision of the formula 
for each annual period subsequent to December 31, 1986, or certify that 
a majority of the directors of the association believe that no revisions 
are warranted for such period on or before December 31 of the preceding 
year.

(47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C. 
553)

[48 FR 10358, Mar. 11, 1983, as amended at 50 FR 41356, Oct. 10, 1985; 
55 FR 6990, Feb. 28, 1990]



Sec.  69.607  Disbursement of Carrier Common Line residue.

    (a) The association shall compute a monthly net balance for each 
member telephone company that is not an average schedule company. If 
such a company has a negative net balance, the association shall bill 
that amount to such company. If such a company has a positive net 
balance, the association shall disburse that amount to such company.
    (b) The net balance for such a company shall be computed by 
multiplying a hypothetical net balance for such a company by a factor 
that is computed by dividing the Carrier Common Line residue by the sum 
of the hypothetical net balances for such companies.
    (c) The hypothetical net balance for each company shall be the sum 
of the hypothetical net balances for each access element. Such 
hypothetical net balances shall be computed in accordance with 
Sec. Sec.  69.608 to 69.610.

[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 42237, Nov. 24, 1986]



Sec.  69.608  Carrier Common Line hypothetical net balance.

    The hypothetical net balance shall be equal to a Carrier Common Line 
revenue requirement for each such company that is computed in accordance 
with subpart F of this part.



Sec.  69.609  End User Common Line hypothetical net balances.

    (a) If the company does not participate in the association tariff 
for such element, the hypothetical net balance shall be zero.
    (b) If the company does participate in the association tariff for 
such element, the hypothetical net balance shall be computed by 
multiplying an amount that is computed by deducting access revenues 
collected by such company for such element from an End User Common Line 
revenue requirement for such company that is computed in accordance with 
subpart F of this part by a factor that is computed by dividing access 
revenues collected by all such companies for such element by an End User 
Common Line revenue requirement for all such companies that is computed 
in accordance with subpart F of this part. For purposes of this 
calculation, access revenues collected

[[Page 716]]

shall include any revenues foregone because of a voluntary reduction 
made pursuant to Sec.  69.104(r)(7).

[48 FR 10358, Mar. 11, 1983, as amended at 66 FR 59733, Nov. 30, 2001]



Sec.  69.610  Other hypothetical net balances.

    (a) The hypothetical net balance for an access element other than a 
Common Line element shall be computed as provided in this section.
    (b) If the company does not participate in the association tariff 
for such element, the hypothetical net balance shall be zero.
    (c) If the company does participate in the association tariff for 
such element, the hypothetical net balance shall be computed by 
deducting access revenues collected for such element from the sum of 
expense attributable to such element and the element residue apportioned 
to such company. The element residue shall be apportioned among such 
companies in the same proportions as the net investment attributable to 
such element.
    (d) The element residue shall be computed by deducting expenses of 
all participating companies attributable to such element from revenues 
collected by all participating companies for such element.

[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 42237, Nov. 24, 1986]



                      Subpart H_Pricing Flexibility

    Source: 64 FR 51267, Sept. 22, 1999, unless otherwise noted.



Sec.  69.701  Application of the rules in this subpart.

    The rules in this subpart apply to all incumbent LECs subject to 
price cap regulation, as defined in Sec.  61.3(bb) of this chapter, 
seeking pricing flexibility on the basis of the development of 
competition in parts of its service area for switched access services 
only.

[82 FR 25711, June 2, 2017]



Sec.  69.703  Definitions.

    For purposes of this subpart:
    (a) Channel terminations. (1) A channel termination between an IXC 
POP and a serving wire center is a dedicated channel connecting an IXC 
POP and a serving wire center, offered for purposes of carrying special 
access traffic.
    (2) A channel termination between a LEC end office and a customer 
premises is a dedicated channel connecting a LEC end office and a 
customer premises, offered for purposes of carrying special access 
traffic.
    (b) Metropolitan Statistical Area (MSA). This term shall have the 
definition provided in Sec.  22.909(a) of this chapter.
    (c) Interexchange Carrier Point of Presence (IXC POP). The point of 
interconnection between an interexchange carrier's network and a local 
exchange carrier's network.
    (d) Wire center. For purposes of this subpart, the term ``wire 
center'' shall refer to any location at which an incumbent LEC is 
required to provide expanded interconnection for special access pursuant 
to Sec.  64.1401(a) of this chapter, and any location at which an 
incumbent LEC is required to provide expanded interconnection for 
switched transport pursuant to Sec.  64.1401(b)(1) of this chapter.
    (e) Study area. A common carrier's entire service area within a 
state.



Sec.  69.705  Procedure.

    Price cap LECs filing petitions for pricing flexibility shall follow 
the procedures set forth in Sec.  1.774 of this chapter.



Sec.  69.707  Geographic scope of petition.

    (a) MSA. (1) A price cap LEC filing a petition for pricing 
flexibility in an MSA shall include data sufficient to support its 
petition, as set forth in this subpart, disaggregated by MSA.
    (2) A price cap LEC may request pricing flexibility for two or more 
MSAs in a single petition, provided that it submits supporting data 
disaggregated by MSA.
    (b) Non-MSA. (1) A price cap LEC will receive pricing flexibility 
with respect to those parts of a study area that fall outside of any 
MSA, provided that it provides data sufficient to support a finding that 
competitors have collocated in a number of wire centers in that non-MSA 
region sufficient to satisfy the criteria for the pricing flexibility 
sought in the petition, as set

[[Page 717]]

forth in this subpart, if the region at issue were an MSA.
    (2) The petitioner may aggregate data for all the non-MSA regions in 
a single study area for which it requests pricing flexibility in its 
petition.
    (3) A petitioner may request pricing flexibility in the non-MSA 
regions of two or more of its study areas, provided that it submits 
supporting data disaggregated by study area.



Sec.  69.709  Dedicated transport and special access services other than channel terminations between LEC end offices and customer premises.

    (a) Scope. This paragraph governs requests for pricing flexibility 
with respect to the following services:
    (1) Entrance facilities, as described in Sec.  69.110.
    (2) Transport of traffic over dedicated transport facilities between 
the serving wire center and the tandem switching office, as described in 
Sec.  69.111(a)(2)(iii).
    (3) Direct-trunked transport, as described in Sec.  69.112.
    (4) Special access services, as described in Sec.  69.114, other 
than channel terminations as defined in Sec.  69.703(a)(2) of this part.
    (b) Phase I triggers. To obtain Phase I pricing flexibility, as 
specified in Sec.  69.727(a) of this part, for the services described in 
paragraph (a) of this section, a price cap LEC must show that, in the 
relevant area as described in Sec.  69.707 of this part, competitors 
unaffiliated with the price cap LEC have collocated:
    (1) In fifteen percent of the petitioner's wire centers, and that at 
least one such collocator in each wire center is using transport 
facilities owned by a transport provider other than the price cap LEC to 
transport traffic from that wire center; or
    (2) In wire centers accounting for 30 percent of the petitioner's 
revenues from dedicated transport and special access services other than 
channel terminations between LEC end offices and customer premises, 
determined as specified in Sec.  69.725 of this part, and that at least 
one such collocator in each wire center is using transport facilities 
owned by a transport provider other than the price cap LEC to transport 
traffic from that wire center.
    (c) Phase II triggers. To obtain Phase II pricing flexibility, as 
specified in Sec.  69.727(b) of this part, for the services described in 
paragraph (a) of this section, a price cap LEC must show that, in the 
relevant area as described in Sec.  69.707 of this part, competitors 
unaffiliated with the price cap LEC have collocated:
    (1) in 50 percent of the petitioner's wire centers, and that at 
least one such collocator in each wire center is using transport 
facilities owned by a transport provider other than the price cap LEC to 
transport traffic from that wire center; or
    (2) in wire centers accounting for 65 percent of the petitioner's 
revenues from dedicated transport and special access services other than 
channel terminations between LEC end offices and customer premises, 
determined as specified in Sec.  69.725 of this part, and that at least 
one such collocator in each wire center is using transport facilities 
owned by a transport provider other than the price cap LEC to transport 
traffic from that wire center.



Sec.  69.711  Channel terminations between LEC end offices and customer premises.

    (a) Scope. This paragraph governs requests for pricing flexibility 
with respect to channel terminations between LEC end offices and 
customer premises.
    (b) Phase I triggers. To obtain Phase I pricing flexibility, as 
specified in Sec.  69.727(a) of this part, for channel terminations 
between LEC end offices and customer premises, a price cap LEC must show 
that, in the relevant area as described in Sec.  69.707 of this part, 
competitors unaffiliated with the price cap LEC have collocated:
    (1) In 50 percent of the petitioner's wire centers, and that at 
least one such collocator in each wire center is using transport 
facilities owned by a transport provider other than the price cap LEC to 
transport traffic from that wire center; or
    (2) In wire centers accounting for 65 percent of the petitioner's 
revenues from channel terminations between LEC end offices and customer 
premises, determined as specified in Sec.  69.725 of this part, and that 
at least one such

[[Page 718]]

collocator in each wire center is using transport facilities owned by a 
transport provider other than the price cap LEC to transport traffic 
from that wire center.
    (c) Phase II triggers. To obtain Phase II pricing flexibility, as 
specified in Sec.  69.727(b) of this part, for channel terminations 
between LEC end offices and customer premises, a price cap LEC must show 
that, in the relevant area as described in Sec.  69.707, competitors 
unaffiliated with the price cap LEC have collocated:
    (1) In 65 percent of the petitioner's wire centers, and that at 
least one such collocator in each wire center is using transport 
facilities owned by a transport provider other than the price cap LEC to 
transport traffic from that wire center; or
    (2) In wire centers accounting for 85 percent of the petitioner's 
revenues from channel terminations between LEC end offices and customer 
premises, determined as specified in Sec.  69.725, and that at least one 
such collocator in each wire center is using transport facilities owned 
by a transport provider other than the price cap LEC to transport 
traffic from that wire center.



Sec.  69.713  Common line, traffic-sensitive, and tandem-switched transport services.

    (a) Scope. This paragraph governs requests for pricing flexibility 
with respect to the following services:
    (1) Common line services, as described in Sec. Sec.  69.152, 69.153, 
and 69.154.
    (2) Services in the traffic-sensitive basket, as described in Sec.  
61.42(d)(2) of this chapter.
    (3) The traffic-sensitive components of tandem-switched transport 
services, as described in Sec. Sec.  69.111(a)(2)(i) and (ii).
    (b) Phase I triggers. (1) To obtain Phase I pricing flexibility, as 
specified in Sec.  69.727(a), for the services identified in paragraph 
(a) of this section, a price cap LEC must provide convincing evidence 
that, in the relevant area as described in Sec.  69.707, its 
unaffiliated competitors, in aggregate, offer service to at least 15 
percent of the price cap LEC's customer locations.
    (2) For purposes of the showing required by paragraph (b)(1) of this 
section, the price cap LEC may not rely on service the competitors 
provide solely by reselling the price cap LEC's services, or provide 
through unbundled network elements as defined in Sec.  51.5 of this 
chapter, except that the price cap LEC may rely on service the 
competitors provide through the use of the price cap LEC's unbundled 
loops.
    (c) [Reserved]



Sec. Sec.  69.714-69.724  [Reserved]



Sec.  69.725  Attribution of revenues to particular wire centers.

    If a price cap LEC elects to show, in accordance with Sec.  69.709 
or Sec.  69.711, that competitors have collocated in wire centers 
accounting for a certain percentage of revenues from the services at 
issue, the LEC must make the following revenue allocations:
    (a) For entrance facilities and channel terminations between an IXC 
POP and a serving wire center, the petitioner shall attribute all the 
revenue to the serving wire center.
    (b) For channel terminations between a LEC end office and a customer 
premises, the petitioner shall attribute all the revenue to the LEC end 
office.
    (c) For any dedicated service routed through multiple wire centers, 
the petitioner shall attribute 50 percent of the revenue to the wire 
center at each end of the transmission path, unless the petitioner can 
make a convincing case in its petition that some other allocation would 
be more representative of the extent of competitive entry in the MSA or 
the non-MSA parts of the study area at issue.



Sec.  69.727  Regulatory relief.

    (a) Phase I relief. Upon satisfaction of the Phase I triggers 
specified in Sec.  69.709(b), Sec.  69.711(b), or Sec.  69.713(b) for an 
MSA or the non-MSA parts of a study area, a price cap LEC will be 
granted the following regulatory relief in that area for the services 
specified in Sec.  69.709(a), Sec.  69.711(a), or Sec.  69.713(a), 
respectively:
    (1) Volume and term discounts;
    (2) Contract tariff authority, provided that
    (i) Contract tariff services are made generally available to all 
similarly situated customers; and

[[Page 719]]

    (ii) The price cap LEC excludes all contract tariff offerings from 
price cap regulation pursuant to Sec.  61.42(f)(1) of this chapter.
    (iii) Before the price cap LEC provides a contract tariffed service, 
under Sec.  69.727(a), to one of its long-distance affiliates, as 
described in section 272 of the Communications Act of 1934, as amended, 
or Sec.  64.1903 of this chapter, the price cap LEC certifies to the 
Commission that it provides service pursuant to that contract tariff to 
an unaffiliated customer.
    (b) Phase II relief. Upon satisfaction of the Phase II triggers 
specified in Sec.  69.709(c) or Sec.  69.711(c) for an MSA or the non-
MSA parts of a study area, a price cap LEC will be granted the following 
regulatory relief in that area for the services specified in Sec. Sec.  
69.709(a) or 69.711(a), respectively:
    (1) Elimination of the rate structure requirements in subpart B of 
this part;
    (2) Elimination of price cap regulation; and
    (3) Filing of tariff revisions on one day's notice, notwithstanding 
the notice requirements for tariff filings specified in Sec.  61.58 of 
this chapter.



Sec.  69.729  New services.

    (a) Except for new services subject to paragraph (b) of this 
section, a price cap LEC may obtain pricing flexibility for a new 
service that has not been incorporated into a price cap basket by 
demonstrating in its pricing flexibility petition that the new service 
would be properly incorporated into one of the price cap baskets and 
service bands for which the price cap LEC seeks pricing flexibility.
    (b) Notwithstanding paragraph (a) of this section, a price cap LEC 
must demonstrate satisfaction of the triggers in Sec.  69.711(b) to be 
granted pricing flexibility for any new service that falls within the 
definition of a ``channel termination between a LEC end office and a 
customer premises'' as specified in Sec.  69.703(a)(2).



Sec.  69.731  Low-end adjustment mechanism.

    (a) Any price cap LEC obtaining Phase I or Phase II pricing 
flexibility for any service in any MSA in its service region, or for the 
non-MSA portion of any study area in its service region, shall be 
prohibited from making any low-end adjustment pursuant to Sec.  
61.45(d)(1)(vii) of this chapter in all or part of its service region.
    (b) Any affiliate of any price cap LEC obtaining Phase I or Phase II 
pricing flexibility for any service in any MSA in its service region 
shall be prohibited from making any low-end adjustment pursuant to Sec.  
61.45(d)(1)(vii) of this chapter in all or part of its service region.



                    Subpart I_Business Data Services

    Source: 82 FR 25711, June 2, 2017, unless otherwise noted.



Sec.  69.801  Definitions.

    (a) Business data services. The dedicated point-to-point 
transmission of data at certain guaranteed speeds and service levels 
using high-capacity connections.
    (b) Competitive market test. The competitive market test is defined 
in Sec.  69.803.
    (c) County. A county or county equivalent as defined in Sec.  10.10 
of this chapter. County-equivalents include parishes, boroughs, 
independent cities, census areas, the District of Columbia, and various 
entities in the territories.
    (d) End user channel termination. A dedicated channel connecting a 
local exchange carrier end office and a customer premises, offered for 
purposes of carrying special access traffic.
    (e) Grandfathered market. A county that does not satisfy the 
competitive market test set forth in Sec.  69.803 for which a price cap 
local exchange carrier obtained Phase II relief pursuant to Sec.  
69.711(c).
    (f) Market deemed competitive. A county that satisfies the 
competitive market test set forth in Sec.  69.803.
    (g) Market deemed non-competitive. A county that does not satisfy 
the competitive market test set forth in Sec.  69.803.
    (h) Non-disclosure agreement. A non-disclosure agreement is a 
contract, contractual provision, or tariff provision wherein a party 
agrees not to disclose certain information shared by the other party.

[[Page 720]]

    (i) Special access data collection. The special access data 
collection refers to the data and other information the Commission 
collected from business data services providers and purchasers pursuant 
to its December 18, 2012 Report and Order in WC Docket 05-25.
    (j) Transport includes interoffice facilities, channel terminations 
between the serving wire center and point of presence, and all special 
access services that are described in Sec.  69.114 other than end user 
channel terminations.



Sec.  69.803  Competitive market test.

    (a) The competitive market test is used to determine which counties 
served by a price cap local exchange carrier, as defined in Sec.  
61.3(bb) of this chapter, are deemed competitive and therefore warrant 
relief from price cap regulation and detariffing of DS1 and DS3 end user 
channel terminations, and certain other business data services, sold by 
such carriers.
    (b) Initial test. A county is deemed competitive in the initial 
competitive market test if:
    (1) Either 50 percent of the locations with business data services 
demand within the county are within one half mile of a location served 
by a competitive provider based on data from the special access data 
collection, or 75 percent of the census blocks within the county are 
reported to have broadband connection availability by a cable operator 
based on Form 477 data as of December 2016. Lists of counties deemed 
competitive, non-competitive or grandfathered by the initial competitive 
market test are published on the Commission's Web site.
    (2) The DS1 and DS3 end user channel terminations sold by price cap 
local exchange carriers in counties deemed competitive are no longer 
subject to price cap regulation and are detariffed according to Sec.  
61.201.
    (c) Subsequent tests. The results of the initial competitive market 
test will be updated every three years following the effective date of 
the initial test.
    (1) A county will be deemed competitive in a subsequent competitive 
market test if 75 percent of the census blocks within the county are 
reported to have broadband connection availability by a cable operator 
based on Form 477 data as of the date of the most recent collection.
    (2) No later than three years following the effective date of the 
previous test, the Wireline Competition Bureau will conclude a 
subsequent test and will publish a revised list of counties deemed 
competitive at the conclusion of the test.
    (3) A county deemed competitive in the competitive market test will 
retain its status in subsequent tests.



Sec.  69.805  Prohibition on certain non-disclosure agreement conditions.

    (a) In markets deemed non-competitive, buyers and sellers of 
business data services shall not enter into a tariff, contract-based 
tariff, or commercial agreement, including but not limited to master 
service agreement, that contains a non-disclosure agreement as defined 
in Sec.  69.801(g), that restricts or prohibits disclosure of 
information to the Commission, or requires a prior request or legal 
compulsion by the Commission to effect such disclosure.
    (b) Confidential information subject to a protective order as 
defined in Sec.  0.461 of this chapter in effect as of the effective 
date of a tariff, contract-based tariff, or commercial agreement must be 
submitted pursuant to the terms of that protective order or otherwise 
pursuant to the Commission's rules regarding submission of confidential 
data in Sec. Sec.  0.457(d) and 0.459.



Sec.  69.807  Regulatory relief.

    (a) Price cap local exchange carrier TDM transport, end user channel 
terminations in markets deemed competitive, and end user channel 
terminations in grandfathered markets for a price cap local exchange 
carrier that was granted Phase II pricing flexibility prior to June 
2017, are granted the following regulatory relief:
    (1) Elimination of the rate structure requirements contained in 
subpart B of this part;
    (2) Elimination of price cap regulation; and
    (3) Elimination of tariffing requirements as specified in Sec.  
61.201 of this chapter.

[[Page 721]]

    (b) Price cap local exchange carrier end user channel terminations 
in markets deemed non-competitive are granted the following regulatory 
relief:
    (1) Ability to offer volume and term discounts;
    (2) Ability to enter into contract-based tariffs, provided that:
    (i) Contract-based tariff services are made generally available to 
all similarly situated customers;
    (ii) The price cap local exchange carrier excludes all contract-
based tariff offerings from price cap regulation pursuant to Sec.  
61.42(f) of this chapter;
    (3) Ability to file tariff revisions on at least one day's notice, 
notwithstanding the notice requirements for tariff filings specified in 
Sec.  61.58 of this chapter.
    (c) A price cap local exchange carrier that was granted Phase II 
pricing flexibility prior to June 2017 in a grandfathered market must 
retain its business data services rates at levels no higher than those 
in effect as of April 20, 2017, pending the detariffing of those 
services pursuant to Sec.  61.201 of this chapter.

[82 FR 25711, June 2, 2017, as amended at 84 FR 38579, Aug. 7, 2019]



Sec.  69.809  Low-end adjustment mechanism.

    (a) Any price cap local exchange carrier or any affiliate of any 
price cap local exchange carrier that had obtained Phase II pricing 
flexibility under Sec.  69.709 or Sec.  69.711 for any service in any 
MSA in its service region, or for the non-MSA portion of any study area 
in its service region, shall be prohibited from making any low-end 
adjustment pursuant to Sec.  61.45(d)(1)(vii) of this chapter in all or 
part of its service region.
    (b) Any price cap local exchange carrier or any affiliate of any 
price cap local exchange carrier that exercises the regulatory relief 
pursuant to Sec.  69.807 in any part of its service region shall be 
prohibited from making any low-end adjustment pursuant to Sec.  
61.45(d)(1)(vii) of this chapter in all or part of its service region.
    (c) Any price cap local exchange carrier or any affiliate of any 
price cap local exchange carrier that exercises the option to use 
generally accepted accounting principles rather than the uniform system 
of accounts pursuant to Sec.  32.11(g) of this chapter shall be 
prohibited from making any low-end adjustment pursuant to Sec.  
61.45(d)(1)(vii) of this chapter in all or part of its service region.

[[Page 723]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.



  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected

[[Page 725]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2023)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 726]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)

[[Page 727]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)

[[Page 728]]

    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 729]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]

[[Page 730]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999) [Reserved]

[[Page 731]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 732]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 733]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 734]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 735]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 736]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 737]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 738]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 739]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 740]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99)
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 741]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 742]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 743]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 744]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 745]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 746]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 747]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 748]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 749]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 750]]

Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 751]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 752]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 753]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 755]]







                      Table of OMB Control Numbers



A list of OMB control numbers for chapter I of title 47 is online; a 
link to the website appears in 47 CFR 0.408. For the convenience of the 
user, Sec.  0.408 is reprinted below.



Sec.  0.408  OMB Control Numbers and expiration dates assigned pursuant to the Paperwork Reduction Act of 1995.

    OMB control numbers and expiration dates for the Commission 
information collection requirements assigned by the Office of Management 
and Budget (``OMB'') pursuant to the Paperwork Reduction Act of 1995, 
Public Law 104-13 can be found at https://www.reginfo.gov/public/do/
PRAMain. The Commission intends that this posting comply with the 
requirement that agencies ``display'' current OMB control numbers and 
expiration dates assigned by the Director, OMB, for each approved 
information collection requirement. Notwithstanding any other provisions 
of law, no person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
(PRA) that does not display a currently valid OMB control number. 
Questions concerning the OMB control numbers and expiration dates should 
be directed to the Secretary, Office of the Secretary, Office of 
Managing Director, Federal Communications Commission, Washington, DC 
20554 by sending an email to [email protected].

[88 FR 21431, Apr. 10, 2023]

[[Page 757]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2018 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2018

47 CFR
                                                                   83 FR
                                                                    Page
Chapter I
42 Authority citation revised......................................48963
43 Authority citation revised......................................48963
43.62 Regulation at 82 FR 55331 eff. date confirmed................17931
43.82 Regulation at 82 FR 55331 eff. date confirmed................17931
47 Actions on petitions.............................................8181
51 Authority citation revised................................2557, 42052
51 Technical correction............................................23611
51.205 Revised.....................................................42052
51.209 Removed.....................................................42052
51.213 Removed.....................................................42052
51.215 Removed.....................................................42052
51.325 Regulation at 82 FR 61477 eff. 5-14-18......................22208
51.325 (a)(3) removed; (a)(4) redesignated as new (a)(3)...........31675
51.329 (c)(2) revised...............................................2557
51.329 Regulation at 82 FR 61477 eff. 5-14-18......................22208
51.332 Regulation at 82 FR 61477 eff. 5-14-18......................22208
51.333 Regulation at 82 FR 61477 eff. 5-14-18......................22208
51.333 (b)(2), (f), (g)(1)(i), (iii), and (2) revised (OMB number 
        pending in part)...........................................31675
    Regulation at 83 FR 31675 eff. date confirmed..................66146
51.903 (g) revised.................................................67121
51.917 (f)(4) amended; (f)(5) added................................14189
52 Authority citation revised...............................42052, 48963
52.26 (a) and (c) revised; (b)(1), (2), and (3) redesignated as 
        (b)(2), (3), and (4); new (b)(1) added.....................42052
52.101 (a) and (e) revised.........................................53395
52.103 (a)(10) and (b)(1) added; (d) and (f) revised...............53395
52.105 (f) added...................................................53396
52.107 (c) added...................................................53396
52.109 (c) revised.................................................53396
52.111 Revised.....................................................53396
53 Authority citation revised......................................48963
54 Policy statement...............254, 13417, 13590, 23611, 27515, 42052
54 Actions on petitions.....................................31458, 44241
54.7 (c) added.....................................................18964
54.303 (a)(6) added.........................................18950, 18964
    (a)(7) added...................................................30884
54.309 (a)(2)(iii) and (iv) revised................................23380
54.310 Regulation at 79 FR 39189 eff. date confirmed...............10800
54.313 (f)(4) added (OMB number pending)...........................18964
    Regulation at 81 FR 69713 eff. 7-17-18.........................33139

[[Page 758]]

54.315 Heading and (c)(1)(ii) revised (OMB number pending in part)
                                                                   15994
    (c)(2)(iv)(A) revised..........................................18454
    Regulation at 83 FR 15994 eff. 8-15-18.........................40457
54.316 Regulation at 81 FR 69713 eff. 2-15-18.......................6796
54.319 (g) introductory text revised...............................14189
54.320 Regulation at 81 FR 69714 eff. 2-15-18.......................6796
54.321 Regulation at 81 FR 69716 eff. 2-15-18.......................6796
54.403 (a)(3) and (b)(1) revised (OMB number pending in part).......2084
54.410 (b)(2)(ii), (c)(2)(ii), and (e) revised......................2085
    (f)(2)(iii), (4), and (5) amended; CFR correction..............15502
54.411 Removed......................................................2085
54.413 Revised (OMB number pending).................................2085
54.414 (b) revised (OMB number pending).............................2085
54.418 Removed......................................................5544
54.507 Second (f) removed; CFR correction..........................30884
54.675 (a) revised.................................................30584
54.804 (d)(2)(iv)(A) revised.......................................18454
54.901 (b) revised; (f)(4) added...................................18964
54.1015 (f) revised................................................17942
54.1016 (a)(1)(ii) revised (OMB number pending)....................17942
54.1305 (j) added (OMB number pending).............................18964
54.1308 (a)(4)(ii) introductory text, (A), (B), and (C) revised....18964
54.1310 (d)(3) added...............................................18965
61 Authority citation revised................................2557, 48963
61.13 Revised.......................................................2557
61.14 (a) and (b) revised...........................................2557
61.17 (d) revised...................................................2557
61.20 (b) revised...................................................2557
61.41 (d) revised; (f) added.......................................67122
61.50 Added........................................................67122
61.55 (a) revised..................................................67123
61.201 Regulation at 82 FR 25711 eff. 7-23-18......................34793
61.203 Regulation at 82 FR 25711 eff. 7-23-18......................34793
63 Authority citation revised...............................31675, 48963
63.10 Regulation at 82 FR 55331 eff. date confirmed in part........17931
63.19 Regulation at 81 FR 62656 eff. 7-30-18.......................36467
    Regulation at 81 FR 62656 eff. 8-8-18..........................31659
63.21 Regulation at 82 FR 55331 eff. date confirmed in part........17931
63.22 Regulation at 82 FR 55331 eff. date confirmed in part........17931
63.60 Regulation at 82 FR 61478 eff. 5-9-18........................21181
    Regulation at 81 FR 62656 eff. 7-30-18.........................36467
63.71 Regulation at 81 FR 62656 eff. in part 1-18-18................2563
    Regulation at 82 FR 61478 eff. 5-9-18..........................21181
    (a)(6), (f), (g), (h), (i) introductory text, (k) introductory 
text, (1), and (3) revised; (a)(7) and (k)(5) removed; (l) added 
(OMB number pending in part).......................................31675
    Regulation at 83 FR 31675 eff. date confirmed..................66146
    Regulation at 81 FR 62656 eff. in part 7-30-18.................36467
63.602 Regulation at 81 FR 62656 eff. 7-30-18......................36467
64 Authority citation amended.......................................1577
64 Authority citation revised.................21737, 33143, 47308, 48963
64.604 (c)(5)(iii)(D)(1), (6), (10), and (13) revised; (c)(11)(v) 
        added (OMB number pending in part).........................30087
64.1000--64.1002 (Subpart J) Added.................................18965
64.1120 (a)(1)(i) and (b) revised..................................33143
64.1160 (e) revised; eff. 10-4-18..................................44843
64.1200 (i), (j), and (k) added.....................................1577
64.1301 Revised....................................................11428
64.1310 (a)(3) revised (OMB number pending)........................11428
64.1310 Regulation at 83 FR 11428 eff. 7-17-18.....................33143
64.1320 Removed....................................................11428
64.1601 Regulation at 82 FR 56917 eff. in part 8-22-18.............34794
64.2101--64.2109 (Subpart V) Heading revised.......................21737
64.2101 Amended....................................................21737
64.2101 Amended; eff. 10-19-18.....................................47308
64.2105 Removed....................................................21737

[[Page 759]]

64.2107 Heading revised; (a)(1) amended; (c) removed; (d) 
        redesignated as new (c)....................................21737
64.2109 Removed....................................................21737
64.2111 Added......................................................21737
64.2113 Added (OMB number pending).................................21738
    Regulation at 83 FR 21738 eff. 10-24-18........................53588
64.2115 Added; eff. 10-19-18 (OMB number pending)..................47308
64.2117 Added; eff. 10-19-18.......................................47309
64.2401 (g) added..................................................33143
64.6217 (c) revised; eff. 10-4-18..................................44843
68 Authority citation revised................................8632, 31677
68.1--68.7 (Subpart A) Authority citation revised...................8632
68.1 Revised........................................................8632
68.2 (a) revised....................................................8632
68.3 Amended........................................................8632
68.105 (d)(4) revised..............................................31677
68.105 (d)(3) revised; eff. 10-4-18................................44843
68.110 (b) removed; (c) redesignated as new (b)....................31677
68.224 (b) revised..................................................8632
68.300--68.354 (Subpart D) Authority citation revised...............8632
68.317 (a) note and (g) redesignated as (b) note 1 and (i); (a) 
        through (f) redesignated as (b) through new (g); new (a) 
        and (h) added; new (i) revised..............................8632
68.320 (e) revised..................................................8633
68.501--68.504 (Subpart F) Added (OMB number pending)...............8633
68.501--68.504 (Subpart F) Regulation at 83 FR 8633 eff. date 5-
        21-18......................................................23378
69.114 (a) revised.................................................67123
69.311 (b) introductory text revised; (c) added....................14189
69.416 (b) introductory text revised; (c) added....................14189

                                  2019

47 CFR
                                                                   84 FR
                                                                    Page
Chapter I
43.11 Removed......................................................43724
51.903 (k), (l), and (m) added.....................................57650
51.914 Added.......................................................57650
51.917 (c) revised.................................................57651
52 Technical correction............................................14624
52 Reconsideration petitions.......................................19874
52 Notification....................................................50767
52.15 (f)(1)(ii) revised; (f)(8) added.............................11232
52.103 (d) revised.................................................11232
54 Authority citation revised......................................19876
54 Order............................................................8003
54.201 (j) removed.................................................71327
54.202 (d) and (e) removed.........................................71327
54.205 (c) removed.................................................71327
54.302 (a) amended; (c) revised.....................................4730
54.303 (b) through (m) removed......................................4730
54.307 (e)(8) added.................................................8623
54.308 (a)(1) amended; (a)(1)(iii) and (iv) added; (a)(2) 
        introductory text, (i), (ii)(A)(1), (2), (B), and (iii) 
        revised.....................................................4730
54.311 (a)(1), (2), and (3) added; (c), (d), and (e) revised........4731
54.312 (d) added....................................................8624
54.313 (f)(1)(i) revised; (f)(5) added (OMB number pending).........4732
    (m) added (OMB number pending)..................................8624
    (h) revised....................................................19876
    Regulation at 83 FR 18964 confirmed............................27973
54.313 (e) introductory text and (2) introductory text revised; 
        (n) and (o) added; eff. date pending.......................59963
54.316 (b)(2)(i), (ii), (3)(i), and (ii) revised (OMB number 
        pending)....................................................4732
54.316 (a)(7) and (b)(7) added; eff. date pending..................59964
54.316 Regulation at 84 FR 4732 confirmed..........................61829
54.318 Removed.....................................................19877
54.319 (a), (b), and (c) removed....................................4732
54.320 (d)(1)(ii), (iii), and (2) revised; (d)(1)(iv)(A) amended 
                                                                   67235
54.400 (p) added...................................................71327
54.404 (b)(3) revised; (b)(12) added; eff. date pending in part....71327
54.406 Added; new (a) added........................................71328
54.407 (a) revised.................................................71328
54.410 (g) revised.................................................71328
54.410 (f)(1), (2)(iii), and (3)(iii) revised; eff. date pending 
        in part....................................................71329
54.420 (a) introductory text and (1) revised.......................71329
54.502 (c) revised; (d) redesignated as (e); new (d) added; eff. 
        date pending in part.......................................70036
54.513 (d) revised; eff. date pending..............................70037

[[Page 760]]

54.600--54.633 (Subpart G) Revised (OMB number pending in part)....54979
54.643 (a)(6)(iv) introductory text revised; eff. 1-1-20............4732
54.901 (f)(2) removed; (f)(3) revised...............................4733
54.903 (a)(1) amended...............................................4733
54.1310 (d)(2) revised..............................................4733
54.1400--54.1403 (Subpart N) Added; eff. date delayed in part......43724
54.1501--54.1515 (Subpart O) Added.................................59964
54.1503 Eff. date pending..........................................59964
54.1505 Eff. date pending..........................................59964
54.1508 Eff. date pending..........................................59964
54.1513 Eff. date pending..........................................59964
54.1514 Eff. date pending..........................................59964
54.1515 Eff. date pending..........................................59964
61.3 (bbb) revised; (ccc) and (ddd) added..........................57651
61.26 (g)(3) added.................................................57652
61.39 (g) revised..................................................57652
61.49 (k) removed..................................................65016
61.54 (k) added....................................................65016
61.74 (b) through (e) redesignated as (c) through (f); new (b) 
        added......................................................65016
61.201 (a)(3) revised..............................................38579
61.203 (b) revised.................................................38579
64 Authority citation revised.......................................8461
64 Authority citation revised; eff. 2-5-20.........................45678
64 Technical correction............................................14624
64 Reconsideration petitions.......................................19874
64 Policy statement................................................29387
64.601 (a)(30) and (31) revised.....................................8461
    (a)(13) through (27) and (28) through (47) redesignated as 
(a)(15) through (29) and (32) through (51); new (a)(13), (14), 
(30), and (31) added...............................................26369
    (a) revised....................................................66779
64.603 (a) revised.................................................66779
64.604 Regulation at 83 FR 30087 eff. date confirmed................1409
    (c)(9) removed..................................................8461
    (c)(5)(iii)(D)(2) introductory text, (3), (4) introductory 
text, (i), (8) heading, and (v) revised; (c)(8)(vi) added; second 
(c)(12)(ii) redesignated as (c)(12)(iii)...........................26370
    (a)(4) removed; (d) revised....................................66779
64.605 Removed.....................................................66779
64.611 (a)(4) revised; (h) through (k) added (OMB number pending 
        in part)....................................................8461
    (a)(6) added; (c)(1)(i), (2)(i), and (ii)(B) revised...........26370
64.613 (a)(1), (2), and (4) revised; (a)(5) and (c) added..........26371
64.615 (a)(3), (4), and (5) revised; (c) added (OMB number pending 
        in part)....................................................8463
    (a)(2) through (5) redesignated as (a)(3) through (6); new 
(a)(2) added; (a)(1) introductory text and new (6) revised.........26372
64.1200 (a)(4)(iv) removed; (a)(4)(v), (vi), and (vii) 
        redesignated as new (a)(4)(iv), (v), and (vi)..............10267
    (l) and (m) added..............................................11232
64.1600 (c), (d), and (f) through (l) revised; (m) through (r) 
        added; eff. 2-5-20.........................................45678
64.1604 (a) revised; (b) heading removed; eff. 2-5-20..............45678
64.2103 (g) added..................................................25706
64.2107 (d) added..................................................25706
64.2109 Added......................................................25706
64.2115 Regulation at 83 FR 47308 eff. date confirmed..............15124
64.2119 Added......................................................25706
64.3000--64.3004 (Subpart AA) Removed..............................66779
65.450 (b)(1) revised; eff. 1-1-20..................................4733
69.3 (e)(12)(iv) added; authority citation removed.................57652
69.4 (l) added.....................................................57652
69.5 (b) revised; authority citation removed.......................57652
69.807 (a) revised.................................................38579

                                  2020

47 CFR
                                                                   85 FR
                                                                    Page
Chapter I
43 Regulation at 84 FR 43705 eff. 6-29-20..........................38793
43.01 (b) revised; (d) removed.......................................838
51 Actions on petitions............................................12747
51 Order...........................................................40908
51.903 (n) through (p) added.......................................75916
51.905 (b)(2) revised; (d) added...................................75916
51.907 (i) through (k) added; eff. date delayed....................75916
51.909 (l) through (o) added; eff. date delayed....................75917

[[Page 761]]

51.911 (d) and (e) added; eff. date delayed in part................75917
51.914 (f) removed.................................................35209
52 Authority citation amended......................................57783
52 Compliance date extension.......................................38334
52.26 (c) amended..................................................64407
52.200 (Subpart E) Added; eff. 10-16-20............................57783
54 Authority citation revised........................................249
54 Technical correction.......................................838, 20429
54 Actions on petitions............................................12747
54 Policy statement..................................15982, 36758, 59196
54 Order....................................................19892, 40908
54.5 Amended.......................................................75817
54.9 Added...........................................................249
54.207 (f) added...................................................75817
54.307 (e)(2) and (5) revised; (e)(7) and (8) redesignated as 
        (e)(8) and (9); new (e)(7) added...........................75817
54.310 (g) and (h) added...........................................13797
54.312 (e) added...................................................13797
54.313 (e) introductory text, (2) introductory text, and (iii) 
        revised; eff. date pending.................................13797
54.313 Regulation at 84 FR 4732 eff. date 7-26-20 in part..........38335
54.313 Regulation at 84 FR 8624 eff. date 7-26-20..................38335
54.313 Regulation at 84 FR 4732 eff. 6-30-20.......................39076
54.313 (k) revised; (n) added; eff. date pending in part...........75819
54.315 (c)(2)(iv)(B) revised.......................................75819
54.316 (a)(4), (b)(5), and (c)(1) revised; (a)(8) added; eff. date 
        pending in part............................................13798
54.322 Added; eff. date pending in part............................75819
54.404 Regulation at 84 FR 71327 eff. 10-13-20.....................41930
54.410 Regulation at 84 FR 71329 eff. 10-13-20.....................41930
54.600--54.633 (Subpart G) Correction: Heading revised.............15741
54.622 Regulation at 84 FR 54979 eff. 6-19-20 in part..............37022
54.623 Regulation at 84 FR 54979 eff. 6-19-20 in part..............37022
54.624 Regulation at 84 FR 54979 eff. 6-19-20 in part..............37022
54.626 Regulation at 84 FR 54979 eff. 6-19-20 in part..............37022
54.627 Regulation at 84 FR 54979 eff. 6-19-20 in part..............37022
54.631 Regulation at 84 FR 54979 eff. 6-19-20 in part..............37022
54.801--54.806 (Subpart J) Revised; eff. date pending in part......13798
54.804 Regulation at 85 FR 13799 eff. 6-2-20.......................33617
54.804 Regulation at 85 FR 13798 confirmed.........................56528
54.804 (c)(2)(iv)(B) revised.......................................75822
54.1009 (c) revised................................................34527
54.1011--54.1021 (Subpart L) Heading revised; eff. date pending in 
        part.......................................................75822
54.1505 Regulation at 84 FR 59964 eff. 7-30-20.....................45793
54.1508 Regulation at 84 FR 59964 eff. 7-30-20.....................45793
54.1508 (c)(4)(ii) revised.........................................75828
54.1515 Regulation at 84 FR 59964 eff. 7-30-20.....................45793
61 Actions on petitions............................................12747
61 Order...........................................................40908
63.04 (a)(4) revised; eff. date delayed indefinitely...............76385
63.12 (c)(3) redesignated as (c)(4); new (c)(3) added; eff. date 
        delayed indefinitely.......................................76385
63.18 (h) revised; (p) through (r) redesignated as (r) through 
        (t); new (p) and new (q) added; eff. date delayed 
        indefinitely...............................................76385
63.24 (e)(2) and (f)(2)(i) revised; eff. date delayed indefinitely
                                                                   76387
63.53 (a) revised..................................................17285
63.60 (i) revised..................................................84265
63.602 (a)(2) revised..............................................84266
64 Authority citation revised...............................22043, 67461
64 Actions on petitions............................................12747
64 Policy statement................................................64971
64.601 (a)(39) revised..............................................1127
64.601 Correction: (a)(1) through (51) added........................9390
64.601 (a)(5) through (16) and (17) through (51) redesignated as 
        (a)(7) through (18) and (20) through (54); new (a)(5), new 
        (6), (19), and (b) added...................................27312
64.604 (c)(5)(ii), (iii)(A), (B), and (I) revised....................465
64.604 Regulation at 83 FR 30087 confirmed in part..................9392
64.604 (b)(4)(iii), (b)(8), and (c)(5)(iii)(D)(2)(ix) revised; 
        eff. date pending..........................................27313

[[Page 762]]

64.604 Regulation at 85 FR 27313 eff. date 10-23-20................67447
64.606 (a)(4) and (g)(5) added; eff. date pending..................27313
64.606 Regulation at 85 FR 27313 eff. date 10-23-20................67447
64.611 (k) removed.................................................26858
64.611 Correction: (a)(4)(i), (ii), and (iii) added................52489
64.611 Regulation at 84 FR 26370 eff. date 10-23-20................67447
64.613 Regulation at 84 FR 26371 eff. date 10-23-20...............67447=
64.615 (c) removed.................................................26858
64.615 Regulation at 84 FR 26372 eff. date 10-23-20................67447
64.621 (c) introductory text amended; (c)(1) introductory text 
        revised....................................................64407
64.1200 (f)(17) and (k)(5) through (8) added; (k) introductory 
        text, (3), and (4) revised.................................56534
64.1203 Added......................................................21788
64.3100 (c)(7) amended.............................................64407
64.6000 (a), (b), (n), and (t) revised; (u) added..................67461
64.6010 Removed....................................................67462
64.6020 (a) revised................................................67462
64.6030 Revised....................................................67462
64.6050 Revised....................................................67462
64.6060 (a)(4) removed.............................................67462
64.6070 Revised....................................................67462
64.6080 Revised....................................................67462
64.6090 Revised....................................................67462
64.6100 Revised....................................................67462
64.6300--64.6301 (Subpart HH) Added................................22043
64.6300 (c), (d), and (e) through (g) redesignated as (f), (h), 
        and (j) through (l); new (c) through new (e), new (g), and 
        (i) added..................................................73394
64.6301 (a) introductory text and (2) revised......................73394
64.6302 Added......................................................73395
64.6303 Added......................................................73395
64.6303 Introductory text and (a) amended; (b) added; eff. date 
        delayed indefinitely.......................................73395
64.6304 Added......................................................73395
64.6305 Added; eff. date delayed indefinitely in part..............73395
64.6305 (b) and (c) added..........................................73395
64.6306 Added; eff. date delayed indefinitely in part..............73396
64.6306 (e) added..................................................73397
64.6307 Added......................................................73397
67.3 (a) amended...................................................64408
68.160 (d)(1) amended..............................................64408
68.162 (i) introductory text amended...............................64408
68.317 (i) introductory text amended...............................64408
69 Actions on petitions............................................12747
69 Order...........................................................40908

                                  2021

47 CFR
                                                                   86 FR
                                                                    Page
Chapter I
51.319 (a)(1)(v), (vi), (4)(iii), and (5)(iii) added; (a)(2)(ii), 
        (iii), (3)(iii)(C), (b)(2), and (c) removed; (d) through 
        (f) redesignated as (c) through (e); (a)(1) introductory 
        text, (4)(i), (5)(i), (b) introductory text, (3)(i), new 
        (c)(2)(iv), and new (e) revised.............................1673
51.319 Correction: (a)(5)(i) amended................................8872
51.907 Regulation at 85 FR 75916 eff. date confirmed...............33136
51.909 Regulation at 85 FR 75917 eff. date confirmed...............33136
51.911 Regulation at 85 FR 75917 eff. date confirmed...............33136
54 Authority citation revised.................................2946, 9295
54 Notification....................................................11149
54 Notification....................................................59304
54 Policy statement................................................48521
54.10 Added.........................................................2946
54.11 Added; eff. date delayed indefinitely.........................2946
54.11 (b), (c), and (d) revised....................................47022
54.101 Revised......................................................1021
54.313 Regulation at 84 FR 59937 eff. 6-8-21.......................30391
54.322 Regulation at 85 FR 75819 eff. date confirmed...............37058
54.400 (n) revised..................................................1021
54.403 (b)(1) revised...............................................1021
54.502 Regulation at 84 FR 70036 eff. 4-1-21.......................17079
54.513 Regulation at 84 FR 70037 eff. date confirmed...............33603
54.514 (a) revised..................................................9027
54.1400--54.1403 (Subpart N) Removed...............................18163
54.1600--54.1612 (Subpart P) Added.................................19560

[[Page 763]]

54.1700--54.1718 (Subpart Q) Added.................................29158
54.1710 Correction: (a)(1)(v), (x), and (xi) revised...............38570
54.1710 (a)(1)(x) revised..........................................41409
54.1711 (e) added..................................................41409
54.1711 (e) revised................................................70985
63 Actions on petitions.............................................8872
63 Actions on petitions............................................68428
63.10 (d) revised..................................................54399
63.10 Revised......................................................54399
64 Actions on petitions............................................10458
64 Notification....................................................40340
64 Notification....................................................61077
64 Authority citation amended......................................40731
64.604 (a)(3)(ii) revised; (b)(3) removed..........................10846
64.606 (a)(1) revised..............................................10846
64.621 (a)(3) revised; (c)(2)(ii) removed..........................35633
64.621 Correction: (c)(2)(i) removed; (c)(2)(ii) added.............54871
64.1000 Policy statement............................................8558
64.1200 (f)(8) through (17) redesignated as (f)(9) through (18; 
        new (f)(8) and (k)(2)(iv) added.............................2563
64.1200 (k)(5), (6), and (8) revised; (k)(9) through (11) and (n) 
        added......................................................17734
64.1200 (k)(9) added; eff. 1-1-22..................................17735
64.1200 (k)(10) and (n)(2) added; eff. date delayed indefinitely 
                                                                   17735
64.1200 (a)(1)(iv) revised; (a)(9) added...........................11447
64.1200 (a)(3)(ii) through (v), (b)(2), (3) and (d) revised; eff. 
        date delayed indefinitely..................................11448
64.1200 (k)(9) introductory text and (i) revised...................74375
64.1200 (k)(10) revised; eff. date delayed indefinitely............74375
64.1204 Added; eff. 10-25-21.......................................52843
64.1606 Added; eff. 10-25-21.......................................52843
64.6000 (c) and (g) revised; (v), (w), and (x) added; eff. 10-26-
        21.........................................................40731
64.6020 (b)(2) and (5) revised; eff. 10-26-21......................40731
64.6030 Revised; eff. 10-26-21.....................................40731
64.6110 Revised; eff. date delayed indefinitely....................40731
64.6120 Added; eff. date delayed indefinitely......................40732
63.6303 Regulation at 85 FR 73395 eff. 6-4-21 in part..............29952
63.6304 Regulation at 85 FR 73395 eff. 6-4-21......................29952
64.6305 (b)(1) introductory text and (c) revised...................29953
64.6305 (b)(5)(i) and (ii) added...................................48520
64.6306 (e) revised................................................58040
64.6308 Added......................................................48520
68.300--68.354 (Subpart D) Authority citation revised..............23629
68.300 (b) revised.................................................23629

                                  2022

47 CFR
                                                                   87 FR
                                                                    Page
Chapter I
52.201 Added.........................................................412
54 Authority citation revised.......................................8373
54 Notification....................................................30108
54 Policy statement................................................54401
54.11 Regulation at 86 FR 2946 eff. date confirmed 9-21-22.........57643
54.313 Regulation at 85 FR 13797 eff. date confirmed...............44025
54.316 Regulations at 84 FR 59937 and 85 FR 13773 eff. date 
        confirmed...................................................9453
54.316 (b)(7) revised..............................................13948
54.500 Amended......................................................8210
54.501 (b)(1) revised...............................................8210
54.1503 Regulation at 84 FR 59937 eff. date confirmed...............9453
54.1513 Regulation at 84 FR 59937 eff. date confirmed...............9453
54.1514 Regulation at 84 FR 59937 eff. date confirmed...............9453
54.1711 (e) revised.........................................14181, 19395
54.1800--54.1812 (Subpart R) Added..................................8373
54.1802 (b) added...................................................8382
54.1804 Added.......................................................8382
54.1807 (b) added...................................................8383
54.1808 (c)(1) and (2) added........................................8383
54.1809 (c) added...................................................8383
54.1810 (a) and (b) added...........................................8383
54.1900--54.1904 (Subpart S) Added; eff. 11-7-22...................54328
64 Notification.............................................62736, 76425
64 Authority citation revised......................................75513
64 Order....................................................16559, 18993
64 Policy statement................................................47103
64.402 Revised.....................................................39784
64.601 (a)(11) through (54) redesignated as (a)(12) through (55); 
        new (a)(11) added; new (a)(35) revised.....................75513

[[Page 764]]

64.604 (c)(5)(iii)(D)(1) and (d) revised; eff. 10-21-22............57647
64.604 (c)(5)(ii) and (iii)(A) revised.............................72412
64.604 (a)(3)(i) revised; (a)(3)(ix) added.........................75513
64.611 (a)(4)(iii) revised; (j)(2)(v) redesignated as (j)(2)(vi); 
        (a)(4)(iv) and new (j)(2)(v) added; eff. date delayed 
        indefinitely...............................................57648
64.611 (k) added...................................................75513
64.611 (k)(1)(i) through (iii) added; eff. date delayed 
        indefinitely...............................................75514
64.613 (a)(2), (c) heading, (1)(v), (3)(ii), (5)(ii), (6), 
        (7)(iii), and (iv) revised; (c)(5)(iii) through (v) 
        redesignated as (c)(5)(iv) through (vi); new (c)(5)(iii) 
        added......................................................75514
64.615 (a)(6)(v) and (vi) added; eff. date delayed indefinitely....57648
64.640 Added.......................................................42660
64.1200 Regulations at 86 FR 17734 and 74375 eff. date confirmed 
                                                                    7044
64.1200 (f)(19), (n)(4) through (6), (o), and (p) added; (k)(5), 
        (6), and (n)(1) revised....................................42944
64.1200 (p) revised................................................51921
64.1200 (n)(1) eff. date confirmed.................................51921
64.1200 (p) removed................................................69207
64.1204 (c) removed................................................67827
64.1606 (c) removed................................................67827
64.2500 Heading revised; (c) through (e) added.....................17193
64.2500 (e)(2)(i) and (ii) revised.................................51268
64.6000 (m)(3) and (r) revised; (y) and (z) added..................75514
64.6020 Heading, (b)(2), and (5) revised...........................75515
64.6040 Revised....................................................75515
64.6040 (c) added; eff. date delayed indefinitely..................75515
64.6060 (a)(5), (6), and (7) revised; eff. date delayed 
        indefinitely...............................................75515
64.6110 Regulation at 86 FR 40731 eff. date confirmed...............7956
64.6110 (d) removed.................................................7956
64.6120 Regulation at 86 FR 40732 eff. date confirmed...............7956
64.6120 (d) removed.................................................7956
64.6130 Added......................................................75515
64.6300 (g) through (l) redesignated as (h) through (m); new (g) 
        added.......................................................3693
64.6300 (d) through (m) redesignated as (e) through (n); new (d) 
        added; new (g) revised.....................................42946
64.6302 (c) added..................................................42946
64.6303 Revised....................................................42946
64.6303 (b)(3) removed.............................................75944
64.6304 (a)(1) revised..............................................3693
64.6304 (b) and (d) revised........................................42946
64.6305 (b)(5) introductory text revised............................3693
64.6305 Revised....................................................42946
64.6305 (b)(3), (c)(6), and (d)(6) removed; (d)(1) introductory 
        text, (e)(2), and (3) revised..............................75944
64 Appendix A revised..............................................39784
64 Appendix B revised..............................................39788

                                  2023

  (Regulations published from January 1, 2023 through October 1, 2023)

47 CFR
                                                                   88 FR
                                                                    Page
Chapter I
43.82 (c) amended..................................................21442
51.914 Revised.....................................................35762
51.914 (d) and (g) added; eff. date delayed indefinitely...........35763
52.26 (a) amended; (c) revised.....................................21442
54 Order...........................................................21500
54.5 Amended.......................................................55934
54.308 (a)(1) introductory text revised; (a)(1)(v), (3), and (e) 
        added; eff. date pending in part...........................55934
54.311 (a) introductory text, (2), (3), (b), (c), (d) introductory 
        text, and (e) introductory text revised; (a)(4), (d)(3), 
        (4), (e)(4)(iii), (5), (6), and (f) added..................55935
54.313 (c) introductory text, (4), and (o) revised; (p) and (q) 
        added......................................................28999
54.313 (f)(1) introductory text and (1)(i) revised; (f)(6) added; 
        eff. date pending in part..................................55936
54.316 (a)(9) and (b)(8) added; (b)(2) revised; eff. date pending 
        in part....................................................55937
54.403 Regulation at 83 FR 2084 withdrawn in part..................34782
54.403 (a)(3) revised..............................................34782

[[Page 765]]

54.413 Regulation at 83 FR 2085 withdrawn..........................34782
54.413 Revised.....................................................34782
54.414 Regulation at 83 FR 2085 withdrawn..........................34783
54.414 (b) revised.................................................34783
54.500 Amended.....................................................55409
54.501 (b)(2) revised; (b)(4) added................................55409
54.502 (d)(4) and (6) revised......................................55409
54.503 (e) revised.................................................55410
54.503 (c)(2)(i)(B) revised; eff. date delayed indefinitely........55410
54.504 (a)(1)(ii) revised; eff. date delayed indefinitely..........55410
54.505 (c) introductory text revised; (g) added....................55410
54.604 Revised; eff. date delayed indefinitely.....................17395
54.605 Revised; eff. date delayed indefinitely.....................17395
54.619 (a) revised.................................................17396
54.619 Correction: (a) introductory text amended...................21111
54.621 (b) revised.................................................17396
54.622 (a) and (e)(1)(i) revised...................................17396
54.627 (c)(1) and (2) removed; (c)(3) redesignated as new (c)(1); 
        new (c)(2) added; new (c)(1)(i)(D) revised; eff. date 
        delayed indefinitely in part...............................17397
54.701 (b) revised.................................................55410
54.703 (b) introductory text and (12) revised; (b)(13) 
        redesignated as (b)(14); new (b)(13) added.................55410
54.704 (b)(1) amended; (b)(2) and (3) revised......................21442
54.705 (a)(2)(iv) and (v) redesignated as (a)(2)(v) and (vi); new 
        (a)(2)(iv) added...........................................55410
54.1504 Heading and (b) revised....................................29000
54.1516 Added......................................................29000
54.1517 Added......................................................29000
54.1518 Added......................................................29000
54.1519 Added......................................................29000
54.1520 Added......................................................29000
54.1521 Added......................................................29000
54.1522 Added......................................................29000
54.1523 Added......................................................29000
54.1524 Added......................................................29000
54.1711 (d) revised................................................58511
54.1803 (a) revised; eff. 10-2-23..................................60354
54.1813 Added.......................................................2267
54.1813 Regulation at 88 FR 2267 eff. date confirmed...............57363
54.1813 (c) revised; (g) removed...................................57364
54.1813 (b) through (d) added.......................................2267
54.1814 Added; eff. 10-2-23........................................60355
61.3 (bbb)(1) through (3) and (ccc) revised; (bbb)(5), (eee), and 
        (fff) added................................................35763
63.10 (d) and (e) revised..........................................21443
63.11 (j) revised..................................................21443
63.14 (a) revised..................................................21443
63.17 (b) note designated as (b) note 1 and revised................21443
63.18 (r) revised..................................................21443
63.19 (a)(2) amended; (d) revised..................................21443
63.20 (a) amended..................................................21443
63.21 (j) revised..................................................21444
63.22 (b) and (h) amended; (g) revised; (j) added; Notes 1 and 2 
        removed....................................................21444
63.23 (d) Note redesignated as Note 2 and revised..................21444
63.24 (h) revised..................................................21444
63.25 (e) revised..................................................21444
63.51 (c) amended..................................................21444
63.53 (a) amended..................................................21444
63.701 (j) revised.................................................21445
63.6303 (c) added; eff. date delayed indefinitely..................40118
64 Actions on petitions............................................10853
64 Policy statement.........................................19001, 51240
64 Order...........................................................65134
64.604 (c)(5)(iii)(C)(2)(ii) revised...............................21445
64.611 Regulation at 87 FR 57645 eff. date confirmed...............14251
64.615 Regulation at 87 FR 57645 eff. date confirmed...............14251
64.621 (c) introductory text revised...............................21445
64.1195 (b)(2) revised.............................................21445
64.1200 (a)(3) introductory text revised............................3677
64.1200 (p), (q), and (r) added....................................21500
64.1200 (n)(2) removed; (n)(3), (4), (5), and (6) redesignated as 
        (n)(4), (5), new (2), and (3); (k)(5), (6), (n)(1), new 
        (2), new (3), and new (5) revised; eff. 1-8-24.............43458
64.6300 (i) through (n) redesignated as (j) through (o); new (i) 
        added......................................................40117
64.6302 (d) added..................................................40118
64.6304 (a)(1)(i) amended; (a)(1)(ii), (b), and (d) revised; 
        (a)(1)(iii) added..........................................40118

[[Page 766]]

64.6305 (c) through (e) redesignated as (d), (e), and (g); (g)(4) 
        redesignated as new (g)(5); new (c) and (f) added; (a)(1), 
        new (d)(3) introductory text, new (5) introductory text, 
        new (e)(2) introductory text, new (3) introductory text, 
        new (5), new (g)(1) through (3), and new (g)(5) 
        introductory text revised..................................40118
64.6305 (d)(1) introductory text, (ii), (iii), (2), (iv), (v), 
        (e)(1) introductory text, (2)(i) through (iii), (4)(iv), 
        and (v) revised; (d)(4)(vi), (vii), (e)(2)(iv), (4)(vi), 
        (vii), (f), and (g)(4) added; eff. date delayed 
        indefinitely...............................................40119
64.6305 (a)(2) and (c)(2) revised; eff. 1-8-24.....................43459
64.6305 (d)(2)(ii), (iii), (e)(2)(ii), and (f)(2)(iii) revised; 
        eff. date delayed indefinitely.............................43459
67.3 (a) revised...................................................21445
68.160 (d)(1) revised..............................................21445
68.162 (i) introductory text revised...............................21445
68.162 (d)(1) and (i)(1) revised; (i) Note 1 added; eff. 10-30-23 
                                                                   67116
68.317 (i) introductory text revised...............................21445
69.4 (l) revised...................................................35764
69.5 (b) revised...................................................35764


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