§ 54.1015   Public interest obligations.

   (a) First interim deadline for construction. A winning bidder
   authorized to receive Mobility Fund Phase II support shall, no later
   than 42 months from the first day of the month that follows the month
   in which the Mobility Fund Phase II auction closes, submit to the
   entities listed in § 54.1020(c) any required data covering all areas for
   which they receive support in a state demonstrating mobile
   transmissions supporting voice and data to and from the network
   covering at least 40 percent of the square miles associated with the
   eligible areas and meeting or exceeding the following:

   (1) Outdoor median data transmission rates of 1 Mbps upload and 10 Mbps
   download, with at least 90 percent of the required download speed
   measurements not less than a certain threshold speed that will be
   defined prior to the Mobility Fund Phase II auction; and

   (2) Transmission latency of 100 ms or less round trip for at least 90
   percent of the measurements.

   (b) Second interim deadline for construction. A winning bidder
   authorized to receive Mobility Fund Phase II support shall, no later
   than 54 months from the first day of the month that follows the month
   in which the Mobility Fund Phase II auction closes, submit to the
   entities listed in § 54.1020(c) any required data covering all areas for
   which they receive support in a state demonstrating mobile
   transmissions supporting voice and data to and from the network
   covering at least 60 percent of the square miles associated with the
   eligible areas and meeting or exceeding the thresholds in paragraphs
   (a)(1) and (2) of this section.

   (c) Third interim deadline for construction. A winning bidder
   authorized to receive Mobility Fund Phase II support shall, no later
   than 66 months from the first day of the month that follows the month
   in which the Mobility Fund Phase II auction closes, submit to the
   entities listed in § 54.1020(c) any required data covering all areas for
   which they receive support in a state demonstrating mobile
   transmissions supporting voice and data to and from the network
   covering at least 80 percent of the square miles associated with the
   eligible areas and meeting or exceeding the thresholds in paragraphs
   (a)(1) and (2) of this section.

   (d) Final deadline for construction. A winning bidder authorized to
   receive Mobility Fund Phase II support shall, no later than 78 months
   from the first day of the month that follows the month in which the
   Mobility Fund Phase II auction closes, submit to the entities listed in
   § 54.1020(c) any required data covering all areas for which they receive
   support in a state demonstrating mobile transmissions supporting voice
   and data to and from the network covering at least 85 percent of the
   square miles associated with the eligible areas and meeting or
   exceeding the thresholds in paragraphs (a)(1) and (2) of this section.
   A winning bidder shall also submit representative data demonstrating
   that its network covers at least 75 percent of every census block group
   or census tract for which it receives support in a state.

   (e) Coverage data. Coverage data submitted in compliance with a
   recipient's public interest obligations shall demonstrate coverage of
   the square miles designated in the public notice announcing the final
   list of eligible areas for the competitive bidding that is the basis of
   the recipient's support. Any data submitted in compliance with a
   recipient's public interest obligations shall be in compliance with
   standards set forth in the applicable public notice.

   (f) Collocation obligations. During the period when a recipient shall
   file annual reports pursuant to § 54.1019, the recipient shall allow for
   reasonable collocation by other providers of services that would meet
   the technological requirements of Mobility Fund Phase II on all newly
   constructed towers it owns or manages in the area for which it receives
   support. In addition, during this period, the recipient may not enter
   into facilities access arrangements that restrict any party to the
   arrangement from allowing others to collocate on the facilities.

   (g) Voice and data roaming obligations. During the period when a
   recipient shall file annual reports pursuant to § 54.1019, the recipient
   shall comply with the Commission's voice and data roaming requirements
   that are currently in effect on networks that are built through
   Mobility Fund Phase II support.

   (h) Reasonably comparable rates obligations. Beginning no later than
   the deadline set forth in paragraph (a) of this section and continuing
   throughout the remaining period when a recipient shall file annual
   reports pursuant to § 54.1019, the recipient shall offer service in
   supported areas at rates that are within a reasonable range of rates
   for similar service plans offered by mobile wireless providers in urban
   areas.

   (i) Data allowance obligations. Beginning no later than the deadline
   set forth in paragraph (a) of this section and continuing throughout
   the remaining period when a recipient shall file annual reports
   pursuant to § 54.1019, recipient shall offer at least one service plan
   in supported areas that includes a data allowance comparable to
   mid-level service plans offered by nationwide providers.

   (j) Liability for failing to satisfy public interest obligations. A
   Mobility Fund Phase II support recipient's failure to comply with the
   public interest obligations in this paragraph or any other terms and
   conditions of the Mobility Fund Phase II support constitutes a
   performance default.

   [ 82 FR 15450 , Mar. 28, 2017, as amended at  83 FR 17942 , Apr. 25, 2018]

   Effective Date Note: At  82 FR 15450 , Mar. 28, 2017, § 54.1015 was added.
   This section contains 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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