Goto Section: 54.305 | 54.308 | Table of Contents
FCC 54.307
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 54.307 Support to a competitive eligible telecommunications carrier.
(a) Calculation of support. A competitive eligible telecommunications
carrier shall receive universal service support to the extent that the
competitive eligible telecommunications carrier captures the subscriber
lines of an incumbent local exchange carrier (LEC) or serves new subscriber
lines in the incumbent LEC's service area.
(1) A competitive eligible telecommunications carrier serving loops in the
service area of a rural incumbent local exchange carrier, as that term is
defined in § 54.5 of this chapter, shall receive support for each line it
serves in a particular service area based on the support the incumbent LEC
would receive for each such line, disaggregated by cost zone if
disaggregation zones have been established within the service area pursuant
to § 54.315 of this subpart. A competitive eligible telecommunications
carrier serving loops in the service area of a non-rural incumbent local
exchange carrier shall receive support for each line it serves in a
particular wire center based on the support the incumbent LEC would receive
for each such line. A competitive eligible telecommunications carrier
serving loops in the service area of a rate-of-return carrier shall be
eligible to receive Interstate Common Line Support for each line it serves
in the service area in accordance with the formula in § 54.901.
(2) A competitive eligible telecommunications carrier that uses switching
purchased as unbundled network elements pursuant to § 51.307 of this chapter
to provide the supported services shall receive the lesser of the unbundled
network element price for switching or the per-line DEM support of the
incumbent LEC, if any. A competitive eligible telecommunications carrier
that uses loops purchased as unbundled network elements pursuant to § 51.307
of this chapter to provide the supported services shall receive the lesser
of the unbundled network element price for the loop or the incumbent LEC's
per-line payment from the high-cost loop support, LTS, and Interstate Common
Line Support mechanisms, if any. The incumbent LEC providing
nondiscriminatory access to unbundled network elements to such competitive
eligible telecommunications carrier shall receive the difference between the
level of universal service support provided to the competitive eligible
telecommunications carrier and the per-customer level of support that the
incumbent LEC would have received.
(3) A competitive eligible telecommunications carrier that provides the
supported services using neither unbundled network elements purchased
pursuant to § 51.307 of this chapter nor wholesale service purchased pursuant
to section 251(c)(4) of the Act will receive the full amount of universal
service support that the incumbent LEC would have received for that
customer.
(b) In order to receive support pursuant to this subpart, a competitive
eligible telecommunications carrier must report to the Administrator the
number of working loops it serves in a service area pursuant to the schedule
set forth in paragraph (c) of this section. For a competitive eligible
telecommunications carrier serving loops in the service area of a rural
incumbent local exchange carrier, as that term is defined in § 54.5, the
carrier must report, by customer class, the number of working loops it
serves in the service area, disaggregated by cost zone if disaggregation
zones have been established within the service area pursuant to § 54.315. For
a competitive eligible telecommunications carrier serving loops in the
service area of a non-rural telephone company, the carrier must report the
number of working loops it serves in the service area, by customer class if
the non-rural telephone company receives Interstate Common Line Support
pursuant to § 54.901 and by disaggregation zone if disaggregation zones have
been established within the service area pursuant to § 54.315 of this
subpart, and the number of working loops it serves in each wire center in
the service area. For universal service support purposes, working loops are
defined as the number of working Exchange Line C&WF loops used jointly for
exchange and message telecommunications service, including C&WF subscriber
lines associated with pay telephones in C&WF Category 1, but excluding WATS
closed end access and TWX service. Competitive eligible telecommunications
carriers providing mobile wireless service in an incumbent LEC's service
area shall use the customer's billing address for purposes of identifying
the service location of a mobile wireless customer in a service area.
(c) A competitive eligible telecommunications carrier must submit the data
required pursuant to paragraph (b) of this section according to the
schedule.
(1) No later than July 31st of each year, submit data as of December 31st of
the previous calendar year;
(2) No later than September 30th of each year, submit data as of March 31st
of the existing calendar year;
(3) No later than December 30th of each year, submit data as of June 30th of
the existing calendar year;
(4) No later than March 30th of each year, submit data as of September 30th
of the previous calendar year.
(d) Newly designated eligible telecommunications carriers. Notwithstanding
the deadlines in paragraph (c) of this section, a carrier shall be eligible
to receive support as of the effective date of its designation as an
eligible telecommunications carrier under section 214(e)(2) or (e)(6),
provided that it submits the data required pursuant to paragraph (b) of this
section within 60 days of that effective date. Thereafter, the eligible
telecommunications carrier must submit the data required in paragraph (b) of
this section pursuant to the schedule in paragraph (c) of this section.
(e) Support Beginning January 1, 2012. Competitive eligible
telecommunications carriers will, beginning January 1, 2012, receive support
based on the methodology described in this paragraph and not based on
paragraph (a) of this section.
(1) Baseline Support Amount. Each competitive eligible telecommunication
carrier will have a “baseline support amount” equal to its total 2011
support in a given study area, or an amount equal to $3,000 times the number
of reported lines for 2011, whichever is lower. Each competitive eligible
telecommunications carrier will have a “monthly baseline support amount”
equal to its baseline support amount divided by twelve.
(i) “Total 2011 support” is the amount of support disbursed to a competitive
eligible telecommunication carrier for 2011, without regard to prior period
adjustments related to years other than 2011 and as determined by the
Administrator on January 31, 2012.
(ii) For the purpose of calculating the $3,000 per line limit, the average
of lines reported by a competitive eligible telecommunication carrier
pursuant to line count filings required for December 31, 2010, and December
31, 2011 shall be used. The $3,000 per line limit shall be applied to
support amounts determined for each incumbent study area served by the
competitive eligible telecommunications carrier.
(2) Monthly Support Amounts. Competitive eligible telecommunications
carriers shall receive the following support amounts, except as provided in
paragraphs (e)(3) through (e)(6) of this section.
(i) From January 1, 2012, to June 30, 2012, each competitive eligible
telecommunications carrier shall receive its monthly baseline support amount
each month.
(ii) From July 1, 2012 to June 30, 2013, each competitive eligible
telecommunications carrier shall receive 80 percent of its monthly baseline
support amount each month.
(iii) From July 1, 2013, to June 30, 2014, each competitive eligible
telecommunications carrier shall receive 60 percent of its monthly baseline
support amount each month.
(iv) From July 1, 2014, to June 30, 2015, each competitive eligible
telecommunications carrier shall receive 40 percent of its monthly baseline
support amount each month.
(v) From July 1, 2015, to June 30, 2016, each competitive eligible
telecommunications carrier shall receive 20 percent of its monthly baseline
support amount each month.
(vi) Beginning July 1, 2016, no competitive eligible telecommunications
carrier shall receive universal service support pursuant to this section.
(3) Delayed Phase Down for Remote Areas in Alaska. Certain competitive
eligible telecommunications carriers serving remote areas in Alaska shall
have their support phased down on a later schedule than that described in
paragraph (e)(2) of this section.
(i) Remote Areas in Alaska. For the purpose of this paragraph, “remote areas
in Alaska” includes all of Alaska except;
(A) The ACS-Anchorage incumbent study area;
(B) The ACS-Juneau incumbent study area;
(C) The fairbankszone1 disaggregation zone in the ACS-Fairbanks incumbent
study area; and
(D) The Chugiak 1 and 2 and Eagle River 1 and 2 disaggregation zones of the
Matunuska Telephone Association incumbent study area.
(ii) Carriers Subject to Delayed Phase Down. A competitive eligible
telecommunications carrier shall be subject to the delayed phase down
described in paragraph (e)(3) of this section to the extent that it serves
remote areas in Alaska, and it certified that it served covered locations in
its September 30, 2011, filing of line counts with the Administrator. To the
extent a competitive eligible telecommunications carrier serving Alaska is
not subject to the delayed phase down, it will be subject to the phase down
of support on the schedule described in paragraph (e)(2) of this section.
(iii) Baseline for Delayed Phase Down. For purpose of the delayed phase down
for remote areas in Alaska, the baseline amount for each competitive
eligible telecommunications carrier subject to the delayed phase down shall
be the annualized monthly support amount received for June 2014 or the last
full month prior to the implementation of Mobility Fund Phase II, whichever
is later.
(iv) Monthly Support Amounts. Competitive eligible telecommunications
carriers subject to the delayed phase down for remote areas in Alaska shall
receive the following support amounts, except as provided in paragraphs
(e)(4) through (e)(6) of this section.
(A) From July 1, 2014 to June 30, 2015, each competitive eligible
telecommunications carrier shall receive 80 percent of its monthly baseline
support amount each month.
(B) From July 1, 2015, to June 30, 2016, each competitive eligible
telecommunications carrier shall receive 60 percent of its monthly baseline
support amount each month.
(C) From July 1, 2016, to June 30, 2017, each competitive eligible
telecommunications carrier shall receive 40 percent of its monthly baseline
support amount each month.
(D) From July 1, 2017, to June 30, 2018, each competitive eligible
telecommunications carrier shall receive 20 percent of its monthly baseline
support amount each month.
(E) Beginning July 1, 2018, no competitive eligible telecommunications
carrier serving remote areas in Alaska shall receive universal service
support pursuant to this section.
(v) Interim Support for Remote Areas in Alaska. From January 1, 2012, until
June 30, 2014 or the last full month prior to the implementation of Mobility
Fund Phase II, whichever is later, competitive eligible telecommunications
carriers subject to the delayed phase down for remote areas in Alaska shall
continue to receive the support, as calculated by the Administrator, that
each competitive telecommunications carrier would have received under the
frozen per-line support amount as of December 31, 2011 capped at $3,000 per
year, provided that the total amount of support for all such competitive
eligible telecommunications carriers shall be capped pursuant to paragraph
(e)(3)(v)(A) of this section.
(A) Cap Amount. The total amount of support available on an annual basis for
competitive eligible telecommunications carriers subject to the delayed
phase down for remote areas in Alaska shall be equal to the sum of “total
2011 support,” as defined in paragraph (e)(1)(i) of this section, received
by all competitive eligible telecommunications carriers subject to the
delayed phase down for serving remote areas in Alaska.
(B) Reduction Factor. To effectuate the cap, the Administrator shall apply a
reduction factor as necessary to the support that would otherwise be
received by all competitive eligible telecommunications carriers serving
remote areas in Alaska subject to the delayed phase down. The reduction
factor will be calculated by dividing the total amount of support available
amount by the total support amount calculated for those carriers in the
absence of the cap.
(4) Further reductions. If a competitive eligible telecommunications carrier
ceases to provide services to high-cost areas it had previously served, the
Commission may reduce its baseline support amount.
(5) Implementation of Mobility Fund Phase II Required. In the event that the
implementation of Mobility Fund Phase II has not occurred by June 30, 2014,
competitive eligible telecommunications carriers will continue to receive
support at the level described in paragraph (e)(2)(iii) of this section
until Mobility Fund Phase II is implemented. In the event that Mobility Fund
Phase II for Tribal lands is not implemented by June 30, 2014, competitive
eligible telecommunications carriers serving Tribal lands shall continue to
receive support at the level described in paragraph (e)(2)(iii) of this
section until Mobility Fund Phase II for Tribal lands is implemented, except
that competitive eligible telecommunications carriers serving remote areas
in Alaska and subject to paragraph (e)(3) of this section shall continue to
receive support at the level described in paragraph (e)(3)(v) of this
section.
(6) Eligibility after Implementation of Mobility Fund Phase II. If a
competitive eligible telecommunications carrier becomes eligible to receive
high-cost support pursuant to the Mobility Fund Phase II, it will cease to
be eligible for phase-down support in the first month for which it receives
Mobility Fund Phase II support.
(7) Line Count Filings. Competitive eligible telecommunications carriers,
except those subject to the delayed phase down described in paragraph (e)(3)
of this section, shall no longer be required to file line counts beginning
January 1, 2012. Competitive eligible telecommunications carriers subject to
the delayed phase down described in paragraph (e)(3) of this section shall
no longer be required to file line counts beginning July 1, 2014, or the
date after the first line count filing following the implementation of
Mobility Fund Phase II, whichever is later.
[ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2128 , Jan. 13, 1998; 64 FR 67431 , Dec. 1, 1999; 65 FR 26516 , May 8, 2000; 66 FR 30087 , June 5, 2001; 66 FR 59726 , Nov. 30, 2001; 68 FR 31623 , May 28, 2003; 69 FR 34602 , June 22,
2004; 70 FR 29979 , May 25, 2005; 76 FR 73871 , Nov. 29, 2011; 77 FR 14302 ,
Mar. 9, 2012; 77 FR 30913 , May 24, 2012; 77 FR 52618 , Aug. 30, 2012]
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Goto Section: 54.305 | 54.308
Goto Year: 2014 |
2016
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