§  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
   § § 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 § § 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
   § § 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 § § 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 § 54.309 or § 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 § 54.309 or § 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 § 54.309 or § 54.311, whichever is applicable, in the
   second, third, and fourth quarters of that year. Such carriers shall
   not receive support pursuant to § 54.309 or § 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 § 54.309 or § 54.311, whichever is applicable, in the third
   and fourth quarters of that year. Such carriers shall not receive
   support pursuant to § 54.309 or § 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 § 54.309 or § 54.311, whichever is applicable, beginning in the
   fourth quarter of that year. Such carriers shall not receive support
   pursuant to § 54.309 or § 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
   § 54.309 or § 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 § 54.309 or
   § 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]