Sec.  1.7001   Scope and content of filed reports.

   (a) Definitions. Terms used in this subpart have the following meanings:

   (1)  Facilities-based providers. Those entities that provide broadband
   services  over their own facilities or over Unbundled Network Elements
   (UNEs), special access lines, and other leased lines and wireless channels
   that the entity obtains from a communications service provider and equips as
   broadband.

   (2) Full broadband lines or wireless channels. Lines or wireless channels
   with  information  carrying  capability  in excess of 200 Kbps in both
   directions simultaneously.

   (3) One-way broadband lines or wireless channels. Lines or wireless channels
   with information carrying capability in excess of 200 Kbps in at least one
   direction, but not both.

   (4) Own facilities. Lines and wireless channels the entity actually owns and
   facilities that it obtained the right to use from other entities as dark
   fiber or satellite transponder capacity.

   (b) All commercial and government-controlled entities, including but not
   limited to common carriers and their affiliates (as defined in 47 U.S.C. 153
   (1)), cable television companies, Multichannel Multipoint Distribution
   Service  (MMDS/MDS)  “wireless  cable”  carriers, other fixed wireless
   providers, terrestrial and satellite mobile wireless providers, utilities
   and  others, which are facilities-based providers, shall file with the
   Commission a completed FCC Form 477, in accordance with the Commission's
   rules and the instructions to the FCC Form 477, for each state in which they
   provide service.

   (c) Respondents identified in paragraph (b) of this section shall file the
   FCC Form 477 on diskette or via e-mail, as directed in the instructions to
   the FCC Form 477. Upon submission of each report, an original certification
   letter (as contained in the instructions to FCC Form 477) signed by the
   responsible official shall be mailed to the Commission.

   (d)  Respondents  may  make  requests for Commission non-disclosure of
   provider-specific  data contained in FCC Form 477 under  Sec. 0.459 of this
   chapter by so indicating on Form 477 at the time that the subject data are
   submitted. The Commission shall make all decisions regarding non-disclosure
   or provider-specific information, except that the Chief of the Wireline
   Competition Bureau may release provider-specific information to a state
   commission provided that the state commission has protections in place that
   would preclude disclosure of any confidential information.

   (e) Respondents identified in paragraph (b) of this section shall file a
   revised version of FCC Form 477 if and when they discover a significant
   error in their filed FCC Form 477. For counts, a difference amounting to 5
   percent of the filed number is considered significant. For percentages, a
   difference of 5 percentage points is considered significant.

   (f) Failure to file the FCC Form 477 in accordance with the Commission's
   rules and the instructions to the Form 477 may lead to enforcement action
   pursuant to the Act and any other applicable law.

   [ 65 FR 19684 , Apr. 12, 2000;  65 FR 24654 , Apr. 27, 2000, as amended at  67 FR 13224 , Mar. 21, 2002;  69 FR 77938 , Dec. 29, 2004;  69 FR 72027 , Dec. 10,
   2004]