§ 54.202   Additional requirements for Commission designation of eligible
telecommunications carriers.

   (a) In order to be designated an eligible telecommunications carrier
   under section 214(e)(6), any common carrier in its application must:

   (1)(i) Certify that it will comply with the service requirements
   applicable to the support that it receives.

   (ii) Submit a five-year plan that describes with specificity proposed
   improvements or upgrades to the applicant's network throughout its
   proposed service area. Each applicant shall estimate the area and
   population that will be served as a result of the improvements. Except,
   a common carrier seeking designation as an eligible telecommunications
   carrier in order to provide supported services only under subpart E of
   this part does not need to submit such a five-year plan.

   (2) Demonstrate its ability to remain functional in emergency
   situations, including a demonstration that it has a reasonable amount
   of back-up power to ensure functionality without an external power
   source, is able to reroute traffic around damaged facilities, and is
   capable of managing traffic spikes resulting from emergency situations.

   (3) Demonstrate that it will satisfy applicable consumer protection and
   service quality standards. A commitment by wireless applicants to
   comply with the Cellular Telecommunications and Internet Association's
   Consumer Code for Wireless Service will satisfy this requirement. Other
   commitments will be considered on a case-by-case basis.

   (4) For common carriers seeking designation as an eligible
   telecommunications carrier for purposes of receiving support only under
   subpart E of this part, demonstrate that it is financially and
   technically capable of providing the Lifeline service in compliance
   with subpart E of this part.

   (5) For common carriers seeking designation as an eligible
   telecommunications carrier for purposes of receiving support only under
   subpart E of this part, submit information describing the terms and
   conditions of any voice telephony service plans offered to Lifeline
   subscribers, including details on the number of minutes provided as
   part of the plan, additional charges, if any, for toll calls, and rates
   for each such plan. To the extent the eligible telecommunications
   carrier offers plans to Lifeline subscribers that are generally
   available to the public, it may provide summary information regarding
   such plans, such as a link to a public Web site outlining the terms and
   conditions of such plans.

   (b) Public interest standard. Prior to designating an eligible
   telecommunications carrier pursuant to section 214(e)(6), the
   Commission determines that such designation is in the public interest.

   (c) A common carrier seeking designation as an eligible
   telecommunications carrier under section 214(e)(6) for any part of
   Tribal lands shall provide a copy of its petition to the affected
   tribal government and tribal regulatory authority, as applicable, at
   the time it files its petition with the Federal Communications
   Commission. In addition, the Commission shall send any public notice
   seeking comment on any petition for designation as an eligible
   telecommunications carrier on Tribal lands, at the time it is released,
   to the affected tribal government and tribal regulatory authority, as
   applicable, by the most expeditious means available.

   [ 77 FR 12966 , Mar. 2, 2012]

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