Goto Section: 54.313 | 54.315 | Table of Contents
FCC 54.314
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 54.314 State certification of support for rural carriers.
(a) State certification. States that desire rural incumbent local exchange
carriers and/or eligible telecommunications carriers serving lines in the
service area of a rural incumbent local exchange carrier within their
jurisdiction to receive support pursuant to Sec. Sec. 54.301, 54.305, and/or 54.307
and/or part 36, subpart F of this chapter 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. 54.301,
54.305, and/or 54.307 and/or part 36, subpart F of this chapter 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 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 rural incumbent local exchange
carrier that desires to receive support pursuant to Sec. Sec. 54.301, 54.305, and/or
54.307 and/or part 36, subpart F of this chapter shall 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. 54.301,
54.305, and/or 54.307 and/or part 36, subpart F of this chapter 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 shall 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. Rural incumbent local exchange carriers not
subject to the jurisdiction of a state or eligible telecommunications
carriers not subject to the jurisdiction of a state serving lines in the
service area of a 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. Upon the filing of the certification described in
paragraph (c) of this section, support shall be provided pursuant to the
following schedule:
(1) Certifications filed on or before October 1. Carriers for which
certifications are filed on or before October 1 shall receive support
pursuant to Sec. Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart F of
this chapter, in the first, second, third, and fourth quarters of the
succeeding year.
(2) Certifications filed on or before January 1. Carriers for which
certifications are filed on or before January 1 shall receive support
pursuant to Sec. Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart F of
this chapter, in the second, third, and fourth quarters of that year. Such
carriers shall not receive support pursuant to Sec. Sec. 54.301, 54.305, and/or
54.307 and/or part 36, subpart F of this chapter in the first quarter of
that year.
(3) Certifications filed on or before April 1. Carriers for which
certifications are filed on or before April 1 shall receive support pursuant
to Sec. Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart F of this
chapter, in the third and fourth quarters of that year. Such carriers shall
not receive support pursuant to Sec. Sec. 54.301, 54.305, and/or 54.307 and/or part
36, subpart F of this chapter in the first and second quarters of that year.
(4) Certifications filed on or before July 1. Carriers for which
certifications are filed on or before July 1 shall receive support pursuant
to Sec. Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart F of this
chapter, in the fourth quarter of that year. Such carriers shall not receive
support pursuant to Sec. Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart
F of this chapter in the first, second, or third quarters of that year.
(5) Certifications filed after July 1. Carriers for which certifications are
filed after July 1 shall not receive support pursuant to Sec. Sec. 54.301, 54.305,
and/or 54.307 and/or part 36, subpart F of this chapter, in that year.
(6) 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. Sec. 54.301, 54.305, or Sec. 54.307 or part 36
subpart F of this chapter, 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.
[ 66 FR 30088 , June 5, 2001, as amended at 70 FR 29979 , May 25, 2005]
Goto Section: 54.313 | 54.315
Goto Year: 2007 |
2009
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