§ 1.7001   Scope and content of filed reports.

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

   (1) Broadband connection. A wired line, wireless channel, or satellite
   service that terminates at an end user location or mobile device and
   enables the end user to receive information from and/or send
   information to the internet at information transfer rates exceeding 200
   kilobits per second (kbps) in at least one direction.

   (2) Facilities-based provider. An entity is a facilities-based provider
   of a service if it supplies such service using facilities that satisfy
   any of the following criteria:

   (i) Physical facilities that the entity owns and that terminate at the
   end-user premises;

   (ii) Facilities that the entity has obtained the right to use from
   other entities, such as dark fiber or satellite transponder capacity as
   part of its own network, or has obtained;

   (iii) Unbundled network element (UNE) loops, special access lines, or
   other leased facilities that the entity uses to complete terminations
   to the end-user premises;

   (iv) Wireless service for which the entity holds a license or that the
   entity manages or has obtained the right to use via a spectrum leasing
   arrangement or comparable arrangement pursuant to subpart X of this
   Part (§ § 1.9001-1.9080); or

   (v) Unlicensed spectrum.

   (3) End user. A residential, business, institutional, or government
   entity that subscribes to a service, uses that service for its own
   purposes, and does not resell that service to other entities.

   (4) Local telephone service. Telephone exchange or exchange access
   service (as defined in 47 U.S.C. 153(20 and (54)) provided by a common
   carrier or its affiliate (as defined in 47 U.S.C. 153(2)).

   (5) Mobile telephony service. Mobile telephony (as defined in § 20.15 of
   this chapter) provided to end users by a commercial mobile radio
   service (CMRS) provider.

   (b) The following entities 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:

   (1) Facilities-based providers of broadband service;

   (2) Providers of local telephone service;

   (3) Facilities-based providers of mobile telephony service; and

   (4) Providers of Interconnected Voice over internet Protocol (VoIP)
   service (as defined in § 9.3 of this chapter) to end users.

   (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) and shall report the title of their certifying official.

   (d) Disclosure of data contained in FCC Form 477 will be addressed as
   follows:

   (1) Emergency operations contact information contained in FCC Form 477
   is information that should not be routinely available for public
   inspection pursuant to section 0.457 of this chapter, in addition to
   other information that should not be routinely available for public
   inspection pursuant to § 0.457.

   (2)(i) Respondents may request that provider-specific subscription
   information in FCC Form 477 filings be treated as confidential and be
   withheld from public inspection by so indicating on Form 477 at the
   time that they submit such data.

   (ii) The Commission will release the following information in FCC Form
   477 filings to the public, and respondents may not request confidential
   treatment of such information:

   (A) Provider-specific mobile deployment data;

   (B) Data regarding minimum advertised or expected speed for mobile
   broadband services; and

   (C) Location information that is necessary to permit accurate broadband
   mapping, including crowdsourcing or challenge processes.

   (3) Respondents seeking confidential treatment of any other data
   contained in FCC Form 477 must submit a request that the data be
   treated as confidential with the submission of their Form 477 filing,
   along with their reasons for withholding the information from the
   public, pursuant to § 0.459 of this chapter.

   (4) The Commission shall make all decisions regarding non-disclosure of
   provider-specific information, except that the Chiefs of the
   International Bureau, Wireless Telecommunications Bureau, Wireline
   Competition Bureau, or Office of Economics and Analytics may release
   provider-specific information to:

   (i) A state commission, provided that the state commission has
   protections in place that would preclude disclosure of any confidential
   information,

   (ii) “Eligible entities,” as those entities are defined in the
   Broadband Data Improvement Act, in an aggregated format and pursuant to
   confidentiality conditions prescribed by the Commission, and

   (iii) Others, to the extent that access to such data can be
   accomplished in a manner that addresses concerns about the competitive
   sensitivity of the data and precludes public 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;  78 FR 45470 , July 29, 2013;
    78 FR 49148 , Aug. 13, 2013;  84 FR 43723 , Aug. 22, 2019]

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