§  1.7001   Scope and content of filed reports.

   (a) Definitions. Terms used in this subpart have the following
   meanings:

   (1) Facilities-based providers. Those entities that provide broadband
   services over their own facilities or over Unbundled Network Elements
   (UNEs), special access lines, and other leased lines and wireless
   channels that the entity obtains from a communications service provider
   and equips as broadband.

   (2) Own facilities. Lines and wireless channels the entity actually
   owns and facilities that it obtained the right to use from other
   entities as dark fiber or satellite transponder capacity.

   (3) One-way broadband lines or wireless channels. Lines or wireless
   channels with information carrying capability in excess of 200 Kbps in
   at least one direction, but not both.

   (4) Own facilities. Lines and wireless channels the entity actually
   owns and facilities that it obtained the right to use from other
   entities as dark fiber or satellite transponder capacity.

   (b) All commercial and government-controlled entities, including but
   not limited to common carriers and their affiliates (as defined in 47
   U.S.C. 153 (1)), cable television companies, fixed wireless providers,
   terrestrial and satellite mobile wireless providers, utilities and
   others, that are facilities-based providers, 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.

   (c) Respondents identified in paragraph (b) 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).

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

   (e) 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.

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

   [ 65 FR 19684 , Apr. 12, 2000;  65 FR 24654 , Apr. 27, 2000, as amended at
    67 FR 13224 , Mar. 21, 2002;  69 FR 77938 , Dec. 29, 2004;  69 FR 72027 ,
   Dec. 10, 2004;  73 FR 37881 , July 2, 2008]

   Effective Date Note:   At  73 FR 37881 , July 2, 2008, Section 1.7001 was
   amended by revising paragraphs (a)(2), (b), and (c). This text contains
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.