Goto Section: 54.311 | 54.314 | Table of Contents
FCC 54.313
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 54.313 State certification of support for non-rural carriers.
(a) Certification. States that desire non-rural incumbent local exchange
carriers and/or eligible telecommunications carriers serving lines in the
service area of a non-rural incumbent local exchange carrier within their
jurisdiction to receive support pursuant to Sec. Sec. 54.309 and/or 54.311 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 will be used only for the provision, maintenance, and upgrading of
facilities and services for which the support is intended. Support provided
pursuant to Sec. Sec. 54.309 and/or 54.311 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. A non-rural incumbent local
exchange carrier not subject to the jurisdiction of a state or an eligible
telecommunications carrier not subject to the jurisdiction of a state
serving lines in the service area of a non-rural incumbent local exchange
carrier that desires to receive support pursuant to Sec. Sec. 54.309 and/or 54.311
of this subpart must file an annual certification with the Administrator and
the Commission stating that all federal high-cost support provided to such
carriers will be used only for the provision, maintenance, and upgrading of
facilities and services for which the support is intended. Support provided
pursuant to Sec. Sec. 54.309 and/or 54.311 of this subpart shall only be provided to
the extent that the carrier has filed the requisite certification pursuant
to this section.
(c) Certification format . 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 CC Docket No. 96–45, 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. 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 will only use support 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. Non-rural incumbent local exchange carriers
not subject to the jurisdiction of a state or eligible telecommunications
carrier not subject to the jurisdiction of a state serving lines in the
service area of a non-rural incumbent local exchange carrier, shall file a
sworn affidavit executed by a corporate officer attesting to the use of the
support 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 CC
Docket No. 96–45, 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. In order for a non-rural incumbent local exchange
carrier in a particular State, and/or an eligible telecommunications carrier
serving lines in the service area of a non-rural incumbent local exchange
carrier, to receive federal high-cost support, the State must file an annual
certification, as described in paragraph (c) of this section, with both the
Administrator and the Commission. Support shall be provided in accordance
with the following schedule:
(1) [Reserved]
(2) [Reserved]
(3) Subsequent program years (January 1–December 31). During the program
years subsequent to the second program year (January 1, 2001–December 31,
2001), a carrier in a particular State shall not receive support pursuant to
Sec. 54.309 or Sec. 54.311 until such time as the State files the certification
described in this section. Upon the filing of the certification described in
this section, support shall be provided pursuant to the following schedule:
(i) Certifications filed on or before October 1. Carriers subject to
certifications filed on or before October 1 shall receive support pursuant
to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the first, second, third,
and fourth quarters of the succeeding year.
(ii) Certifications filed on or before January 1. Carriers subject to
certifications filed on or before January 1 shall receive support pursuant
to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the second, third, and
fourth quarters of that year. Such carriers shall not receive support
pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the first
quarter of that year.
(iii) Certifications filed on or before April 1. Carriers subject to
certifications filed on or before April 1 shall receive support pursuant to
Sec. 54.309 or Sec. 54.311, whichever is applicable, in the third and fourth
quarters of that year. Such carriers shall not receive support pursuant to
Sec. 54.309 or Sec. 54.311, whichever is applicable, in the first or second quarters
of that year.
(iv) Certifications filed on or before July 1. Carriers subject to
certifications filed on or before July 1 shall receive support pursuant to
Sec. 54.309 or Sec. 54.311, whichever is applicable, beginning in the fourth quarter
of that year. Such carriers shall not receive support pursuant to Sec. 54.309 or
Sec. 54.311, whichever is applicable, in the first, second, or third quarters of
that year.
(v) Certifications filed after July 1. Carriers subject to certifications
filed after July 1 shall not receive support pursuant to Sec. 54.309 or Sec. 54.311,
whichever is applicable, in that year.
(vi) Newly designated eligible telecommunications carriers. Notwithstanding
the deadlines in paragraph (d) of this section, a carrier shall be eligible
to receive support pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable,
as of the effective date of its designation as an eligible
telecommunications carrier under section 214(e)(2) or (e)(6), provided that
it files the certification described in paragraph (b) of this section or the
state commission files the certification described in paragraph (a) of this
section within 60 days of the effective date of the carrier's designation as
an eligible telecommunications carrier. Thereafter, the certification
required by paragraphs (a) or (b) of this section must be submitted pursuant
to the schedule in paragraph (d) of this section.
[ 64 FR 67432 , Dec. 1, 1999, as amended at 64 FR 73428 , Dec. 30, 1999; 66 FR 30088 , June 5, 2001; 67 FR 13094 , Mar. 21, 2002; 70 FR 29979 , May 25, 2005;
71 FR 65750 , Nov. 9, 2006]
Goto Section: 54.311 | 54.314
Goto Year: 2007 |
2009
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