§  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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 54.301,
   54.305, or § 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]