Goto Section: 54.313 | 54.315 | Table of Contents
FCC 54.314
Revised as of October 5, 2017
Goto Year:2016 |
2018
§ 54.314 Certification of support for eligible telecommunications carriers.
(a) Certification. States that desire eligible telecommunications
carriers to receive support pursuant to the high-cost program 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 was used in the preceding calendar year and will be
used in the coming calendar year only for the provision, maintenance,
and upgrading of facilities and services for which the support is
intended. High-cost support 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. An eligible
telecommunications carrier not subject to the jurisdiction of a State
that desires to receive support pursuant to the high-cost program must
file an annual certification with the Administrator and the Commission
stating that all federal high-cost support provided to such carrier was
used in the preceding calendar year and will be used in the coming
calendar year only for the provision, maintenance, and upgrading of
facilities and services for which the support is intended. Support
provided pursuant to the high-cost program shall only be provided to
the extent that the carrier has filed the requisite certification
pursuant to this section.
(c) Certification format. (1) 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 WC Docket No. 14-58,
and with the Administrator of the high-cost 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 only used support during
the preceding calendar year and will only use support in the coming
calendar year 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.
(2) An eligible telecommunications carrier not subject to the
jurisdiction of a State shall file a sworn affidavit executed by a
corporate officer attesting that the carrier only used support during
the preceding calendar year and will only use support in the coming
calendar year 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 WC Docket No. 14-58, 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. (1) In order for an eligible telecommunications
carrier to receive federal high-cost support, the state or the eligible
telecommunications carrier, if not subject to the jurisdiction of a
state, must file an annual certification, as described in paragraph (c)
of this section, with both the Administrator and the Commission by
October 1 of each year. If a state or eligible telecommunications
carrier files the annual certification after the October 1 deadline,
the carrier subject to the certification shall receive a reduction in
its support pursuant to the following schedule:
(i) An eligible telecommunications carrier subject to certifications
filed after the October 1 deadline, but by October 8, will have its
support reduced in an amount equivalent to seven days in support;
(ii) An eligible telecommunications carrier subject to certifications
filed on or after October 9 will have its support reduced on a pro-rata
daily basis equivalent to the period of non-compliance, plus the
minimum seven-day reduction.
(2) Grace period. If an eligible telecommunications carrier or state
submits the annual certification required by this section after October
1 but before October 5, the eligible telecommunications carrier subject
to the certification will not receive a reduction in support if the
eligible telecommunications carrier and its holding company, operating
companies, and affiliates as reported pursuant to § 54.313(a)(8) have
not missed the October 1 deadline in any prior year.
[ 76 FR 73875 , Nov. 29, 2011; 79 FR 39189 , July 9, 2014; 80 FR 4477 ,
Jan. 27, 2015]
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Goto Section: 54.313 | 54.315
Goto Year: 2016 |
2018
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