Goto Section: 54.310 | 54.313 | Table of Contents
FCC 54.312
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 54.312 Connect America Fund for Price Cap Territories—Phase I.
(a) Frozen High-Cost Support. Beginning January 1, 2012, each price cap
local exchange carrier and rate-of-return carrier affiliated with a price
cap local exchange 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. For
purposes of this section, price cap carriers are defined pursuant to
§ 61.3(aa) of this chapter and affiliated companies are determined by
§ 32.9000 of this chapter. Each price cap local exchange carrier and
rate-of-return carrier affiliated with a price cap local exchange carrier
will have a “monthly baseline support amount” equal to its baseline support
amount divided by twelve. Beginning January 1, 2012, on a monthly basis,
eligible carriers will receive their monthly baseline support amount.
(1) “Total 2011 support” is the amount of support disbursed to a price cap
local exchange carrier or rate-of-return carrier affiliated with a price cap
local exchange carrier for 2011, without regard to prior period adjustments
related to years other than 2011 and as determined by USAC on January 31,
2012.
(2) For the purpose of calculating the $3,000 per line limit, the average of
lines reported by a price cap local exchange carrier or rate-of-return
carrier affiliated with a price cap local exchange carrier pursuant to line
count filings required for December 31, 2010, and December 31, 2011 shall be
used.
(3) A carrier receiving frozen high cost support under this rule shall be
deemed to be receiving Interstate Access Support and Interstate Common Line
Support equal to the amount of support the carrier to which the carrier was
eligible under those mechanisms in 2011.
(b) Incremental Support in 2012. From January 1, 2012, to December 31, 2012,
support in addition to baseline support defined in paragraph (a) of this
section will be available for certain price cap local exchange carriers and
rate-of-return carriers affiliated with price cap local exchange carriers as
follows.
(1) For each carrier for which the Wireline Competition Bureau determines
that it has appropriate data or for which it determines that it can make
reasonable estimates, the Bureau will determine an average per-location cost
for each wire center using a simplified cost-estimation function derived
from the Commission's cost model. Incremental support will be based on the
wire centers for which the estimated per-location cost exceeds the funding
threshold. The funding threshold will be determined by calculating which
funding threshold would allocate all available incremental support, if each
carrier that would be offered incremental support were to accept it.
(2) An eligible telecommunications carrier accepting incremental support
must deploy broadband to a number of unserved locations, as shown as
unserved by fixed broadband on the then-current version of the National
Broadband Map, equal to the amount of incremental support it accepts divided
by $775.
(3) A carrier may elect to accept or decline incremental support. A holding
company may do so on a holding-company basis on behalf of its operating
companies that are eligible telecommunications carriers, whose eligibility
for incremental support, for these purposes, shall be considered on an
aggregated basis. A carrier must provide notice to the Commission, relevant
state commissions, and any affected Tribal government, stating the amount of
incremental support it wishes to accept and identifying the areas by wire
center and census block in which the designated eligible telecommunications
carrier will deploy broadband to meet its deployment obligation, or stating
that it declines incremental support. Such notification must be made within
90 days of being notified of any incremental support for which it would be
eligible. Along with its notification, a carrier accepting incremental
support must also submit a certification that the locations to be served to
satisfy the deployment obligation are not shown as served by fixed broadband
provided by any entity other than the certifying entity or its affiliate on
the then-current version of the National Broadband Map; that, to the best of
the carrier's knowledge, the locations are, in fact, unserved by fixed
broadband; that the carrier's current capital improvement plan did not
already include plans to complete broadband deployment within the next three
years to the locations to be counted to satisfy the deployment obligation;
and that incremental support will not be used to satisfy any merger
commitment or similar regulatory obligation. If a carrier intends to deploy
to census blocks not initially identified at the time of election, it must
inform the Commission, the Administrator, relevant state commissions, and
any affected Tribal government of the change at least 90 days prior to
commencing deployment in the new census blocks. No sooner than 46 days after
the Wireline Competition Bureau issues a public notice announcing the
updated deployment plans but prior to commencing deployment, the carrier
must make the certifications described in this paragraph with respect to the
new census blocks. If a carrier no longer intends to deploy to a previously
identified census block, it must inform the Commission, the Administrator,
relevant state commission, and any affected Tribal government prior to
filing its certification pursuant to § 54.313(b)(2).
(c) Incremental Support in 2013. From January 1, 2013, to December 31, 2013,
support in addition to baseline support defined in paragraph (a) of this
section will be available for certain price cap local exchange carriers and
rate-of-return carriers affiliated with price cap local exchange carriers as
follows:
(1) For each carrier for which the Wireline Competition Bureau determines
that it has appropriate data or for which it determines that it can make
reasonable estimates, the Bureau will determine an average per-location cost
for each wire center using a simplified cost-estimation function derived
from the Commission's high-cost proxy model. Incremental support will be
based on the wire centers for which the estimated per-location cost exceeds
the funding threshold. The funding threshold will be determined by
calculating which funding threshold would allocate all available incremental
support, if each carrier that would be offered incremental support were to
accept it.
(2) An eligible telecommunications carrier accepting incremental support
must deploy broadband to a number of unserved locations, shown as unserved
by fixed Internet access with speeds of at least 768 kbps downstream and 200
kbps upstream on the then-current version of the National Broadband Map,
equal to the amount of incremental support it accepts divided by $775.
(3) An eligible telecommunications carrier must accept funding pursuant to
paragraph (c)(2) of this section before it may accept funding pursuant to
paragraph (c)(3) of this section. If an eligible telecommunications carrier
has committed to deploy to all locations eligible for support under
paragraph (c)(2) of this section on routes or projects that can economically
be built with $775 in Connect America funding for each location unserved by
768 kbps downstream and 200 kbps upstream plus an equal amount of
non-Connect America carrier capital expenditure funding, but the carrier has
not fully utilized its allotted funding, it may also count towards its
deployment obligation locations shown as unserved by fixed Internet access
with speeds of at least 3 Mbps downstream and 768 kbps upstream equal to the
amount of remaining incremental support divided by $550.
(4) A carrier may elect to accept or decline incremental support. A holding
company may do so on a holding-company basis on behalf of its operating
companies that are eligible telecommunications carriers, whose eligibility
for incremental support, for these purposes, shall be considered on an
aggregated basis. A carrier must provide notice to the Commission, the
Administrator, relevant state commissions, and any affected Tribal
government, stating the amount of incremental support it wishes to accept,
the number of locations at the $775 amount, and the number of locations at
the $550 amount, and identifying the areas by wire center and census block
in which the designated eligible telecommunications carrier will deploy
broadband to meet its deployment obligation; or stating that it declines
incremental support. Such notification must be made within 75 days of being
notified of any incremental support for which it would be eligible. If a
carrier intends to deploy to census blocks not initially identified at the
time of election, it must inform the Commission, the Administrator, relevant
state commissions, and any affected Tribal government of the change at least
90 days prior to commencing deployment in the new census blocks. No sooner
than 46 days after the Wireline Competition Bureau issues a public notice
announcing the updated deployment plans but prior to commencing deployment,
the carrier must make the certifications described in paragraph (c)(5) of
this section with respect to the new census blocks. If a carrier no longer
intends to deploy to a previously identified census block, it must inform
the Commission, the Administrator, relevant state commission, and any
affected Tribal government prior to filing its certification pursuant to
§ 54.313(b)(2).
(5) Along with its notification, an eligible telecommunications carrier
accepting incremental support must submit the following certifications:
(i) The locations to be served to satisfy the deployment obligation are not
shown as served by fixed broadband at the speeds specified in paragraph
(c)(2) or (c)(3) of this section provided by any entity other than the
certifying entity or its affiliate on the then-current version of the
National Broadband Map or that it is challenging the National Broadband
Map's designation of that census block under the challenge process in
paragraph (c)(7) of this section;
(ii) To the best of the carrier's knowledge, the locations are, in fact,
unserved by fixed Internet access with speeds of at least 3 Mbps downstream
and 768 kbps upstream, or 768 kbps downstream and 200 kbps upstream, as
appropriate;
(iii) The carrier's current capital improvement plan did not already include
plans to complete broadband deployment within the next three years to the
locations to be counted to satisfy the deployment obligation;
(iv) Incremental support will not be used to satisfy any merger commitment
or similar regulatory obligation; and
(v) The carrier has undertaken due diligence to determine the locations in
question are not within the service area of either Broadband Initiatives
Program or the Broadband Technology Opportunities Program projects that will
provide Internet access with speeds of at least 3 Mbps downstream and 768
upstream.
(6) An eligible telecommunications carrier deploying to locations unserved
by 3 Mbps downstream and 768 kbps upstream under paragraph (c)(3) of this
section must also certify that it has prioritized its planned projects or
routes so as to maximize the deployment of broadband-capable infrastructure
to locations lacking Internet access with speeds of 768 kbps downstream and
200 kbps upstream.
(7) A person may challenge the designation of a census block as served or
unserved by a certain speed as shown on the National Broadband Map. When the
Wireline Competition Bureau determines that the evidence presented makes it
more likely than not that the census block should be designated as served by
broadband with speeds of at least 3 Mbps downstream and 768 kbps upstream,
that locations in that census block will be treated as served by broadband
and therefore ineligible to be counted for the purposes of paragraph (c)(3)
of this section. When the Wireline Competition Bureau determines that the
evidence presented makes it more likely than not that the census block
should be designated as served by Internet service with speeds of 768 kbps
downstream and 200 kbps upstream, but unserved by broadband with speeds of
at least 3 Mbps downstream and 768 kbps upstream, locations in that census
block will be treated as served by Internet access with speeds of 768 kbps
downstream and 200 kbps upstream and therefore eligible to be counted for
the purposes of paragraph (c)(3) of this section. When the Wireline
Competition Bureau determines that the evidence presented makes it more
likely than not that the census block should be designated as unserved by
Internet service with speeds of 768 kbps downstream and 200 kbps upstream,
locations in that census block will be treated as unserved by Internet
access with speeds of 768 kbps downstream and 200 kbps upstream and
therefore eligible to be counted for the purposes of paragraph (c)(2) of
this section.
(8) If no entity other than the carrier or its affiliate provides Internet
service with speeds of 3 Mbps downstream and 768 kbps upstream or greater as
shown on the National Broadband Map or as determined by the process
described in paragraph (c)(7), the carrier may satisfy its deployment
obligations at a location shown by the National Broadband Map as being
served by that carrier or its affiliate with such service by certifying that
it is the only entity providing such service, that the location does not
actually receive speeds of 3 Mbps downstream and 768 kbps upstream, and the
location is served through a copper-fed digital subscriber line access
multiplexer. The carrier must specifically identify such locations in its
election. Such locations will be treated the same as locations under
paragraph (c)(3) of this section.
(9) An eligible telecommunications carrier must complete deployment of
broadband-capable infrastructure to two-thirds of the required number of
locations within two years of providing notification of acceptance of
funding, and must complete deployment to all required locations within three
years. To satisfy its deployment obligation, the eligible telecommunications
carrier must offer broadband service to such locations of at least 4 Mbps
downstream and 1 Mbps upstream, with latency sufficiently low to enable the
use of real-time communications, including Voice over Internet Protocol, and
with usage allowances, if any, associated with a specified price for a
service offering that are reasonably comparable to comparable offerings in
urban areas.
[ 76 FR 73872 , Nov. 29, 2011, as amended at 77 FR 31536 , May 29, 2012; 78 FR 38233 , June 26, 2013; 78 FR 48624 , Aug. 9, 2013]
Effective Date Note: At 78 FR 48624 , Aug. 9, 2013, § 54.312 was amended by
revising paragraphs and (c)(4). These paragraph contain information
collection and recordkeeping requirements and will not become effective
until approval has been given by the Office of Management and Budget.
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Goto Section: 54.310 | 54.313
Goto Year: 2014 |
2016
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