Goto Section: 54.1014 | 54.1016 | Table of Contents
FCC 54.1015
Revised as of September 1, 2021
Goto Year:2020 |
2022
§ 54.1015 Public interest obligations and performance requirements for 5G
Fund support recipients.
(a) General. A 5G Fund support recipient shall deploy voice and data
services that meet at least the 5G-NR (New Radio) technology standards
developed by the 3rd Generation Partnership Project with Release 15, or
any successor release that may be adopted by the Office of Economics
and Analytics and the Wireline Competition Bureau after notice and
comment.
(b) Interim and final service milestones and deadlines. A 5G Fund
support recipient shall deploy 5G service as specified in paragraph (a)
of this section as follows:
(1) Year three interim service milestone deadline. A support recipient
shall deploy service that meets the 5G Fund performance requirements as
specified in paragraph (c) of this section to at least 40 percent of
the total square kilometers associated with the eligible areas for
which it is authorized to receive 5G Fund support in a state no later
than December 31 of the third full calendar year following
authorization of support.
(2) Year four interim service milestone deadline. A support recipient
shall deploy service that meets the 5G Fund performance requirements as
specified in paragraph (c) of this section to at least 60 percent of
the total square kilometers associated with the eligible areas for
which it is authorized to receive 5G Fund support in a state no later
than December 31 of the fourth full calendar year following
authorization of support.
(3) Year five interim service milestone deadline. A recipient shall
deploy service that meets the 5G Fund performance requirements as
specified in paragraph (c) of this section to at least 80 percent of
the total square kilometers associated with the eligible areas for
which it is authorized to receive 5G Fund support in a state no later
than December 31 of the fifth full calendar year following
authorization of support.
(4) Year six final service milestone deadline. A support recipient
shall deploy service that meets the 5G Fund performance requirements as
specified in paragraph (c) of this section to at least 85 percent of
the total square kilometers associated with the eligible areas for
which it is authorized to receive 5G Fund support in a state no later
than December 31 of the sixth full calendar year following funding
authorization. In addition, a recipient shall deploy service meeting
the 5G Fund performance requirements as specified in paragraph (c) of
this section to at least 75 percent of the total square kilometers
associated with every census tract or census block group for which it
was authorized to receive 5G Fund support no later than December 31 of
the sixth full calendar year following authorization of support.
(5) Optional year two interim service milestone deadline. A support
recipient may, at its option, deploy service that meets the 5G Fund
performance requirements as specified in paragraph (c) of this section
to at least 20 percent of the total square kilometers associated with
the eligible areas for which it is authorized to receive 5G Fund
support in a state no later than December 31 of the second full
calendar year following funding authorization. Meeting this optional
interim service milestone would permit the support recipient, after
confirmation of the service deployment by the Administrator, to reduce
its letter of credit so that it is valued at an amount equal to one
year of support as described in § 54.1016(a)(1)(v).
(c) Performance requirements. A recipient authorized to receive 5G Fund
support shall meet the following minimum baseline performance
requirements for data speeds, data latency, and data allowances in
areas where it receives support:
(1) Median of 35 Mbps download and 3 Mbps upload, and with at least 90
percent of measurements recording data transmission rates of not less
than 7 Mbps download and 1 Mbps upload; and
(2) Transmission latency of 100 milliseconds or less round trip for
successfully transmitted measurements (i.e., ignoring lost or timed-out
packets), with at least 90 percent of measurements recording latency of
100 milliseconds or less round trip.
(3) At least one service plan offered must include a data allowance
that is equivalent to the average United States subscriber data usage
as specified by public notice.
(d) Collocation obligations. During the 5G Fund support term, a
recipient authorized to receive 5G Fund support shall allow for
reasonable collocation by other carriers of services that would meet
the technological requirements of the 5G Fund on all newly constructed
cell-site infrastructure constructed with universal service funds that
it owns or manages in the area(s) for which it receives 5G Fund
support. In addition, during the 5G Fund support term, the recipient
may not enter into facilities access arrangements that restrict any
party to the arrangement from allowing others to collocate on the newly
constructed cell-site infrastructure.
(e) Voice and data roaming obligations. A recipient authorized to
receive 5G Fund support shall comply with the Commission's voice and
data roaming requirements that are currently in effect on networks that
are built with 5G Fund support.
(f) Reasonably comparable rates. A recipient authorized to receive 5G
Fund support shall offer its services in the areas for which it is
authorized to receive support at rates that are reasonably comparable
to those rates offered in urban areas and must advertise the voice and
broadband services it offers in its subsidized service areas. A 5G Fund
support recipient's rates shall be considered reasonably comparable to
urban rates, based upon the most recently available decennial U.S.
Census Bureau data identifying areas as urban, if rates for services in
rural areas fall within a reasonable range of urban rates for
reasonably comparable voice and broadband services.
(1) If the recipient offers service in urban areas, it may demonstrate
that it offers reasonably comparable rates if it offers the same rates,
terms, and conditions (including usage allowances, if any, for a
specific rate) in both urban and rural areas or if one of the carrier's
rural stand-alone voice service plans and one rural service plan
offering data are substantially similar to plans it offers in urban
areas.
(2) If the recipient does not offer service in urban areas, it may
demonstrate that it offers reasonably comparable rates by identifying a
carrier that does offer service in urban areas and the specific rate
plans to which its rural plans are reasonably comparable, along with
submission of corroborating evidence that its rates are reasonably
comparable, such as marketing materials from the identified carrier.
(g) Liability for failure to comply with performance requirements and
public interest obligations. A support recipient that fails to comply
with the performance requirements set forth in paragraph (c) of this
section is subject to the non-compliance measures set forth in
§ 54.1020. A support recipient that fails to comply with the public
interest obligations or any other terms and conditions associated with
receiving 5G Fund support may be subject to action, including the
Commission's existing enforcement procedures and penalties, reductions
in support amounts, revocation of eligible telecommunications carrier
designation, and suspension or debarment pursuant to § 54.8.
Goto Section: 54.1014 | 54.1016
Goto Year: 2020 |
2022
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