§  43.11   Reports of local exchange competition data

   (a) All common carriers and their affiliates (as defined in 47 U.S.C.
   153(1)) providing telephone exchange or exchange access service (as
   defined in 47 U.S.C. 153(16) and (47)), commercial mobile radio service
   (CMRS) providers offering mobile telephony (as defined in § 20.15(b)(1)
   of this chapter), and Interconnected Voice over IP service providers
   (as defined in § 9.3 of this chapter), 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.

   (b) Respondents identified in paragraph (a) of this section shall
   include in each report a certification signed by an appropriate
   official of the respondent (as specified in the instructions to FCC
   Form 477).

   (c) Respondents may make requests for Commission non-disclosure of
   provider-specific data contained in the Form 477 under § 0.459 of this
   chapter by so indicating on the Form 477 at the time that the subject
   data are submitted. The Commission shall make all decisions regarding
   non-disclosure of 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.

   (d) 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.

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

   [ 65 FR 19685 , Apr. 12, 2000, as amended at  69 FR 77938 , Dec. 29, 2004;
    73 FR 37881 , July 2, 2008]

   Effective Date Note:   At  73 FR 37881 , July 2, 2008, § 43.11 was
   amended by revising paragraphs (a), (b), and (c). 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.