[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Pages 14012-14014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5594]



[WC Docket No. 09-197; WT Docket No. 10-208; AU Docket No. 12-25; DA 

Eligible Telecommunications Carrier Designation for Participation 
in Mobility Fund Phase I

AGENCY: Federal Communications Commission.

ACTION: Notice.


SUMMARY: In this document, the Commission's Wireless Telecommunications 
and Wireline Competition Bureaus describe the process and requirements 
for applicants seeking Eligible Telecommunications Carrier (ETC) 
Designation from the Commission for participation in Mobility Fund 
Phase I Auction 901.

ADDRESSES: All petitions to be designated an ETC must reference WC 
Docket No. 09-197. In addition, petitions to be designated for purposes 
of participation in Auction 901 must reference WT Docket No. 10-208 and 
AU Docket No. 12-25. The Wireless Telecommunications and Wireline 
Competition Bureaus strongly encourage interested parties to file 
petitions electronically, and request that an additional copy of all 
petitions be submitted electronically to the following address: 
[email protected]. Petitions may be filed using the Commission's 
Electronic Comment Filing System (ECFS) or by filing paper copies.
    Electronic Filers: Petitions may be filed electronically using the 
Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

[[Page 14013]]

    [ssquf] Paper Filers: Parties who choose to file by paper must file 
an original and one copy of each filing. If more than one docket or 
rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    [ssquf] Filings can be sent by hand or messenger delivery, by 
commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
    [ssquf] All hand-delivered or messenger-delivered paper filings for 
the Commission's Secretary must be delivered to FCC Headquarters at 445 
12th St. SW., Room TW-A325, Washington, DC 20554. All hand deliveries 
must be held together with rubber bands or fasteners. Any envelopes 
must be disposed of before entering the building. The filing hours are 
8 a.m. to 7 p.m. Commercial overnight mail (other than U.S. Postal 
Service Express Mail and Priority Mail) must be sent to 9300 East 
Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-
class, Express, and Priority mail must be addressed to 445 12th Street 
SW., Washington, DC 20554.
    [ssquf] People with Disabilities: To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer & Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (tty).
    Additional Filings. In addition:
    [ssquf] One copy of each petition must be sent to the Commission's 
duplicating contractor, Best Copy and Printing, Inc., 445 12th Street 
SW., Room CY-B402, Washington, DC 20554, www.bcpiweb.com; phone: (202) 
488-5300 fax: (202) 488-5563.

FOR FURTHER INFORMATION CONTACT: Wireless Telecommunications Bureau, 
Auctions and Spectrum Access Division concerning Auction 901 (ETC) 
please call Erik Salovaara at (202) 418-0660.

SUPPLEMENTARY INFORMATION: This is a summary of the Auction 901 ETC 
Public Notice released on February 24, 2012. The complete text of the 
Auction 901 ETC Public Notice, including an attachment and related 
Commission documents, is available for public inspection and copying 
from 8 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or 
from 8 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference 
Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 
20554. The Auction 901 ETC Public Notice and related Commission 
documents also may be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc. (BCPI), 445 12th Street SW., 
Room CY-B402, Washington, DC 20554, telephone 202-488-5300, fax 202-
488-5563, or you may contact BCPI at its Web site: http://www.BCPIWEB.com. When ordering documents from BCPI, please provide the 
appropriate FCC document number, for example, DA 12-271. The Auction 
901 ETC Public Notice and related documents also are available on the 
Internet at the Commission's Web site: http://wireless.fcc.gov, or by 
using the search function for Dockets, AU 12-25, WC 09-197 and WT 10-
208 on the Commission's Electronic Comment Filing System (ECFS) web 
page at http://www.fcc.gov/cgb/ecfs/.
    1. Any party that wishes to participate in Auction 901 for Connect 
America Fund (CAF) Mobility Fund Phase I support must be designated as 
an eligible telecommunications carrier in any geographic area for which 
it seeks such support, with one exception for Tribal entities. Under 
the exception, a Tribally-owned or controlled entity may participate 
with respect to its Tribal lands, if prior to filing an application, it 
has a pending petition but has not yet been designated as an ETC for 
the relevant Tribal lands. An entity covered by this exception must be 
designated as an ETC before it may receive Mobility Fund Phase I 
support. Interested parties should ascertain whether they have the 
necessary ETC designation or need to seek such designation. Common 
carriers subject to the jurisdiction of a state in which they seek 
designation should petition that state's commission for designation as 
an ETC to provide voice service. Common carriers not subject to the 
jurisdiction of the relevant state commission should petition the 
Federal Communications Commission (Commission) for designation as an 
    2. Auction 901 is scheduled to begin on September 27, 2012. Any 
party that wishes to participate in Auction 901 with respect to an area 
for which it is not already designated an ETC should initiate the 
designation process as soon as possible to increase the likelihood that 
the process will be completed prior to the deadline for submitting an 
application for Auction 901. The deadline for applications to 
participate in Auction 901 will be set when the Bureaus release a 
public notice announcing procedures for the auction. Auction 
applications in spectrum license auctions typically must be filed two 
to three months prior to the start of an auction.
    3. The Auction 90 ETC Public Notice describes the Commission's 
designation process, including the requirements for seeking ETC 
designation from the Commission. Parties should refer to relevant 
Commission rules and orders to ensure that they meet all the 
requirements for ETC designation. To the extent that any part of the 
descriptive overview in the Auction 901 ETC Public Notice may be 
construed to be inconsistent with the terms of the Commission's orders 
or rules, the orders and rules govern. The Bureaus provide information 
on how to facilitate petitions by any party wishing to seek designation 
as an ETC prior to applying for Auction 901. A party's designation as 
an ETC may be conditioned upon the party winning support from the 
Mobility Fund in Auction 901. A current ETC that meets all other 
applicable requirements may participate in Auction 901 with respect to 
areas within its current ETC service area without petitioning for any 
change to its ETC status.
    4. A party that seeks an ETC designation from the Commission must 
certify compliance with certain threshold conditions in order for its 
petition to be considered. More specifically, an ETC petition to the 
Commission must contain the following: (1) A certification and brief 
statement of supporting facts demonstrating that the petitioner is not 
subject to the jurisdiction of a state commission; (2) a certification 
that the petitioner offers or intends to offer all services designated 
for support by the Commission pursuant to 47 U.S.C. 254(c); (3) a 
certification that the petitioner offers or intends to offer the 
supported services either using its own facilities or a combination of 
its own facilities and resale of another carrier's services; (4) a 
description of how the petitioner advertises the availability of 
supported services and the charges therefore using media of general 
distribution; and (5) a detailed description of the geographic service 
area for which the petitioner requests an ETC designation from the 
Commission. Petitioners also must certify that neither the petitioner 
nor any party to the application is subject to a denial of federal 
benefits, including Commission benefits, pursuant to section 5301 of 
the Anti-Drug Abuse Act of 1988, as implemented in 47 CFR 1.2002.
    5. ETCs must satisfy various service obligations, consistent with 
the public interest. A party petitioning for designation as an ETC 
therefore must also: (1) Certify that it will comply with the service 
requirements applicable to

[[Page 14014]]

the support that it receives; (2) submit a five-year plan that 
describes with specificity proposed improvements or upgrades to the 
applicant's network throughout its proposed service area, with an 
estimate of the area and population that will be served as a result of 
the improvements; (3) demonstrate how it will remain functional in 
emergency situations; and (4) demonstrate that it will satisfy consumer 
protection and service quality standards.
    6. Certain additional requirements apply for parties seeking ETC 
designation for a service area that includes an area served by a rural 
telephone company. In such cases, the party's service area will be the 
rural telephone company's study area unless and until the Commission 
and the relevant State establish a different definition of the study 
area, after taking into account factors established by a Federal State 
Joint Board instituted under the Communications Act. A petitioner 
seeking designation for a service area that includes, but is not the 
same as, a rural telephone company's service area must request 
redefinition. If the Commission grants redefinition, it will then seek 
agreement from the state commission with jurisdiction over the rural 
telephone company, even if the petitioner itself is not subject to that 
state commission's jurisdiction.
    7. Pleading Cycle. Consistent with existing Commission procedures 
regarding designation of eligible telecommunications carriers, upon 
receipt of a petition for designation pursuant to 47 U.S.C. 214(e)(6) 
in connection with Phase I of the Mobility Fund, the Commission will 
issue a public notice establishing a pleading cycle.

Federal Communications Commission.
Gary D. Michaels,
Deputy Chief, Auctions and Spectrum Access Division, WTB.
[FR Doc. 2012-5594 Filed 3-7-12; 8:45 am]