FCC Web Documents citing 54.202

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • 29960 (May 25, 2005). See id. at 6380, para. 20, citing Federal-State Joint Board on Universal Service, Recommended Decision, CC Docket No. 96-45, 19 FCC Rcd 4259, para. 5 (2004) (Recommended Decision). See ETC Designation Order, 20 FCC Rcd at 6380, para. 20. See ETC Designation Order, 20 FCC Rcd at 6418-6421, Appendix A - Final Rules, 47 C.F.R. § 54.202(b); 70 Fed. Reg. 29960 (May 25, 2005). See NTELOS Petition. See NTELOS Supplement. See Verizon Comments, filed May 28, 2004 (Verizon Comments). See ETC Designation Order, 20 FCC Rcd at 6380, para. 20. 47 C.F.R. § 214(e)(6). NTELOS Petition at 5-6 and Exhibit D. Id. at 4. Id. at 6. See id. at 6-8; NTELOS Supplement at 5-6 and Exhibit
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  • to supplement their petitions by May 14, 2004. Comments were due on May 28, 2004 and reply comments were due on June 4, 2004. See ETC Designation Order, 20 FCC Rcd 6371. See ETC Designation Order, 20 FCC Rcd at 6380, para. 20. See ETC Designation Order, 20 FCC Rcd at 6418-6421, Appendix A - Final Rules, 47 C.F.R. § 54.202(b); 70 Fed. Reg. 29960 (May 25, 2005). See RCC Petition; RCC Supplement. RCC Petition at 22-25 and Supplement at Exhibit D (revised). See Parties are Invited to Comment on Petition for Eligible Telecommunications Carrier Designation, Public Notice, CC Docket No. 96-45, 19 FCC Rcd 9060 (Wireline Comp. Bur. 2004) (May 21 Bureau Public Notice). Comments were due on June 21,
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  • and 0.291 of the Commission's Rules, 47 C.F.R. §§ 0.91, 0.291, North Carolina RSA 3 Cellular Telephone Company d/b/a Carolina West Wireless IS DESIGNATED AN ELIGIBLE TELECOMMUNICATIONS CARRIER for portions of its licensed service area in the State of North Carolina to the extent described herein. IT IS FURTHER ORDERED that Carolina West WILL SUBMIT additional information pursuant to sections 54.202(a) and (b) of the Commission's rules, 47 C.F.R.§§ 54.202(a) and (b), no later than October 1, 2006, as part of its annual reporting requirements. IT IS FURTHER ORDERED that, pursuant to the authority contained in section 214(e)(5) of the Communications Act, 47 U.S.C. § 214(e)(5), and sections 54.207(d) and (e) of the Commission's rules, 47 C.F.R. § 54.207(d) and (e),
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  • (Wireline Comp. Bur. 2004) (Bureau Public Notice). Applicants were allowed to supplement their petitions by May 14, 2004. Comments were due on May 28, 2004 and reply comments were due on June 4, 2004. See generally ETC Designation Order. See id., 20 FCC Rcd at 6380, para. 20. See id. at 6418-6421, Appendix A - Final Rules, 47 C.F.R. § 54.202(b); 70 Fed. Reg. 29960 (May 25, 2005). See supra note 1. See Wireline Competition Bureau Seeks Comment on Corr Wireless Communications, LLC Petition for Designation as an Eligible Telecommunications Carrier in Certain Rural Service Areas in the State of Alabama, Public Notice, CC Docket No. 96-45, 18 FCC Rcd 11386 (2003). See Appendix A, attached. See supra note 18. See
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  • for the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd 6422, 6438, paras. 1, 33 (2004) (Highland Cellular). See ETC Designation Order, 20 FCC Rcd at 6380, para. 20, citing Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Recommended Decision, 19 FCC Rcd 4259, para. 5 (2004) (Recommended Decision). 47 C.F.R. § 54.202(a). See id; 47 C.F.R. § 54.202(c). Letter from David Cosson, Counsel for Hopi Telecommunications, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 96-45, filed Sept. 29, 2006 (Purchase Closure Ex Parte Letter). Hopi closed the purchase of the assets and subscriber base of CenturyTel of the Southwest on June 1, 2006. Id. Hopi Petition at 2.
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  • for the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd 6422, 6438, paras. 1, 33 (2004) (Highland Cellular). See ETC Designation Order, 20 FCC Rcd at 6380, para. 20, citing Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Recommended Decision, 19 FCC Rcd 4259, para. 5 (2004) (Recommended Decision). 47 C.F.R. § 54.202(a). See id; 47 C.F.R. § 54.202(c). SBI Petition. Prior to filing with the Commission, SBI submitted its ETC petition to the Utah Commission in 2002, but withdrew its petition on April 30, 2002. In December 2000, SBI received ETC designation from the Arizona Public Utility Commission for service on the Navajo, Hopi, Pueblo of Zuni, and White Mountain Apache Reservations.
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  • Board on Universal Service Seeks Comment on the Merits of Using Auctions to Determine High-Cost Universal Service Support, WC Docket No. 05-337, Public Notice, CC Docket No. 96-45, FCC 06J-1 (rel. Aug. 11, 2006). Federal-State Joint Board on Universal Service, Report and Order, ETC Designation Framework, Order, CC Docket No. 96-45, 20 FCC Rcd 6371 (2005) (Adding 47 CFR §§ 54.202, 54.209; and amending 47 CFR § 54.307 [section (d) added], 47 CFR § 54.313 [subsection (d)(3)(vi) added], 47 CFR § 54.314 [subsection (d)(6)(vi) added], and 47 CFR § 54.809 [subsection (c) revised]). While we mention the ETC Designation Order in the High Cost section of this document, ETC designation also is necessary to receive low income support. 20 FCC Rcd
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Saddleback Communications Supplemental Data as Required by 47 C.F.R. § 54.202; Supplemental Data as Required by 47 C.F.R. § 54.209 Gila River Telecommunications, Inc. Petition for Waiver of Section 54.209 of the Commission's Rules; Supplemental Data as Required by 47 C.F.R. § 54.209 Pine Belt Cellular, Inc. Petition for Waiver of Section 54.209 of the Commission's Rules; Petition for Protective Waiver of Section 54.209 of the Commission's Rules IT&E Overseas, Inc.
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  • matters under CC Docket No 96-45 in (1) ECFS, the Commission's electronic filing system, or (2) EDOCs, the electronic database containing prior orders, public notices inviting comments and replies, or other matters posted by the Commission. , or TTY (202) 418-0484. - FCC - See 47 U.S.C. § 214(e); 47 C.F.R. §§ 54.201-54.209. 47 U.S.C. § 214(e)(6); 47 C.F.R. § 54.202. See 47 U.S.C. §§ 160(c); 214; 47 C.F.R. §§ 1.55-1.65; 54.201-54.209. 47 C.F.R. § 54.207. 47 C.F.R. § 54.209; see also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 20 FCC Rcd 6371 (2005). DRAFT 9/5/2008 Non-Public Information For Internal FCC Use Only PUBLIC NOTICE News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322
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  • has less than 15 percent of its access lines in communities of more than 50,000 on February 8, 1996. 47 U.S.C. § 153(37). 47 U.S.C. § 214(e)(6). For example, all ETCs must offer and advertise the services supported by the federal universal service mechanisms throughout their designated service areas. 47 U.S.C. § 214(e)(1). 47 U.S.C. § 214(e)(6); 47 C.F.R. § 54.202(c). See Procedures for FCC Designation of Eligible Telecommunications Carriers Pursuant to Section 214(e)(6) of the Communications Act, CC Docket No. 96-45, Public Notice, 12 FCC Rcd 22947, 22948-49 (1997) (Section 214(e)(6) Public Notice); see also Federal-State Joint Board on Universal Service; Western Wireless Corporation Petition for Preemption of an Order of the South Dakota Public Utilities Commission, Declaratory Ruling, CC
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  • VLDSNCXA CENTRAL TEL. CO. OF NC WENDNCXB ELLERBE TELEPHONE CO., INC. ELRBNCXA Petition of Allied Wireless Communications Corporation for ETC Designation in the State of North Carolina, WC Docket No. 09-197 (filed Apr. 13, 2010) (AWCC Petition). AWCC is a wholly owned subsidiary of Atlantic Tele-Network, Inc. (ATN). See AWCC Petition at ii. 47 U.S.C. § 214(e)(6); 47 C.F.R. § 54.202. 47 U.S.C. § 254(e). 47 U.S.C. § 214(e)(1). 47 U.S.C. § 214(e)(2). 47 U.S.C. § 214(e)(6). Id. Id. See Procedures for FCC Designation of Eligible Telecommunications Carriers Pursuant to Section 214(e)(6) of the Communications Act, CC Docket No. 96-45, Public Notice, 12 FCC Rcd 22947, 22948 (1997) (Section 214(e)(6) Public Notice). See id. See Federal-State Joint Board on Universal Service,
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  • 04-173 05/31/13 3060-1070 Sec. 101.1523 12/31/11 3060-1078 Rules and Regulations Implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), CG Docket No. 04-53 11/30/13 3060-1079 Sec. 15.240, Radio Frequency Identification Equipment (RFID) 03/31/11 3060-1080 Collections for the Prevention or Elimination of Interference and for the Reconfiguration of the 800 MHz Band 08/31/11 3060-1081 Secs. 54.202, 54.209, 54.307, 54.313, 54.314, and 54.809 09/30/11 3060-1083 Secs. 64.1300 through 64.1340 06/30/11 3060-1084 Rules and Regulations Implementing Minimum Customer Account Record Obligations on All Local and Interexchange Carriers (CARE), CG Docket No. 02-386 06/30/13 3060-1085 Sec. 9.5, Interconnected Voice Over Internet Protocol (VoIP) E911 Compliance 06/30/12 3060-1086 Secs. 74.786, 74.787, 74.790, 74.794 and 74.796 10/31/12 3060-1087 Sec. 15.615 07/31/11
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  • ) ) ) ) ) ) ) ) ) ) ) WC Docket No. 09-197 ORDER Adopted: December 29, 2010 Released: December 29, 2010 By the Chief, Wireline Competition Bureau: INTRODUCTION This order addresses five petitions filed by Virgin Mobile USA, L.P. (Virgin Mobile) pursuant to section 214(e)(6) of the Communications Act of 1934, as amended (the Act), and section 54.202 of the Commission's rules. Virgin Mobile seeks designation as an eligible telecommunications carrier (ETC) for the limited purpose of receiving federal universal service Lifeline support in its licensed service areas in Alabama, Connecticut, Delaware, New Hampshire, and the District of Columbia. As discussed more fully below, we conditionally grant Virgin Mobile's petitions for limited designation as an ETC. In so
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  • FCC Rcd 1563, 1564, 1565, 1575-76, 1584-85, paras. 1, 4, 27, 28, 46 (2004) (Virginia Cellular Order); Highland Cellular, Inc. Petition for Designation as an Eligible Telecommunications Carrier for the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd 6422, 6438, paras. 1, 33 (2004) (Highland Cellular Order). 47 U.S.C. § 214(e)(6); 47 C.F.R. § 54.202(c); see also ETC Designation Order, 20 FCC Rcd at 6388-96, paras. 40-57; Virginia Cellular Order, 19 FCC Rcd at 1575, para. 27; Highland Cellular Order, 19 FCC Rcd at 6431-32, para. 21. The Commission places the burden on the ETC applicant to demonstrate that the public interest is served. ETC Designation Order, 20 FCC Rcd at 6390, para. 44. ETC
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  • line count revisions by competitive ETCs up to 24 months after the initial line count filing. USAC, Change to Administrative Practices Regarding Line Count Revisions by Competitive Eligible Telecommunications Carriers (Dec. 1, 2006), http://www.usac.org/hc/tools/latest-news. Windstream Petition at 5, 9; Palmerton/Northeastern Pennsylvania Petition at 2, 5-6; Northwest Iowa Petition at 2-3; West River Petition at 2. See, e.g., 47 C.F.R. § 54.202(e). Flat Rock November 20 Ex Parte Letter; Windstream Petition at 9; Palmerton/Northeastern Pennsylvania Petition at 5; Northwest Iowa Petition at 3; West River Petition at 2. See, e.g., AT&T Communications of NY & AT&T Communications of California Petition for Waiver of Section 54.802(a) of the Commission's Rules, CC Docket No. 96-45, Order, 22 FCC Rcd 953, 954, para. 5 (Wireline
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  • ) ) ) ) ) ) WC Docket No. 09-197 CC Docket No. 96-45 ORDER Adopted: April 27, 2011 Released: April 27, 2011 By the Chief, Wireline Competition Bureau: INTRODUCTION In this order, we dismiss without prejudice a petition filed by Worldcall Interconnect, Inc. (Worldcall), pursuant to section 214(e)(6) of the Communications Act of 1934, as amended (Act), and section 54.202 of the Commission's rules, to be designated as an eligible telecommunications carrier (ETC) for the purpose of receiving federal universal service support in its licensed service area in the state of New York. As discussed in detail below, Worldcall's network improvement plan, which is required for ETC designation, depends explicitly on an erroneous interpretation of the Commission's rules and requirements.
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  • 254(c) of the Act; (2) offer the supported services using its own facilities or a combination of its own facilities and the resale of another carrier's service; and (3) advertise the availability of the supported services and associated charges using media of general distribution. AT&T Mobility also asserts that it meets the additional ETC eligibility criteria set forth in section 54.202 of the Commission's rules, and states that it has consented to the Tribe's regulatory authority. The Oglala Sioux Tribe filed comments objecting to AT&T Mobility's petition. The Tribe states that AT&T Mobility did not seek the Tribe's support for its ETC designation on the Reservation. The Tribe also notes that AT&T Mobility has submitted a written proposal to amend the
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  • to send copies to the relevant state commission, relevant authority in a U.S. Territory, or Tribal government, as appropriate. And beginning April 1, 2014 all state-designated ETCs are required to file annual progress reports on their five-year build-out plans. In the Order, the Commission explained that the five-year build-out plan filed on April 1, 2013 should be consistent with section 54.202(a)(1)(ii). That is, it should describe with specificity proposed improvements or upgrades to the ETC's network throughout its service area, including estimating the area and population that will be served as a result of improvements. This requirement to file a new five-year build-out plan only applies to ETCs that receive high-cost support. Second, section 54.313(a)(2)-(6) requires ETCs annually to file information
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  • the Auction 901 Comment Public Notice was published in the Federal Register at 77 Fed. Reg. 7152 (Feb. 10, 2012). 47 U.S.C. § 214(e)(2). See also 47 C.F.R. § 54.101 (establishing voice telephony service as the supported service and requiring that an ETC must offer such service to receive universal service support). 47 U.S.C. § 214(e)(6). See 47 C.F.R. § 54.202. See also Auction 901 Comment PN, para. 7 n.7 (describing the anticipated release of this Public Notice). Auction 901 Comment PN. Section 54.202(c) of the Commission's rules requires a common carrier seeking designation by the Commission for any part of Tribal lands to ``provide a copy of its petition to the affected tribal government and tribal regulatory authority, as applicable,
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  • A summary of the Auction 901 Comment Public Noticewas published in the Federal Register at 77 Fed. Reg. 7152 (Feb. 10, 2012). 247 U.S.C. § 214(e)(2). See also47 C.F.R. § 54.101 (establishing voice telephony service as the supported service and requiring that an ETC must offer such service to receive universal service support). 347 U.S.C. § 214(e)(6). 4See47 C.F.R. § 54.202. See also Auction 901 Comment PN, para. 7 n.7 (describing the anticipated release of this Public Notice). 5Auction 901 Comment PN. 2054 procedures for the auction. Auction applications in spectrum license auctions typically must be filed two to three months prior to the start of an auction. 3.This Public Notice describes the Commission's ETC designation process, including the requirements for
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  • in compliance with the Commission's rules; (c), detailed information, including geographic locations, of the carrier's current service offerings if the carrier currently offers service; (d) the terms and conditions of each Lifeline service plan offering, including rates, the number of minutes provided, and additional charges, if any, for toll calls; and (e) all other certifications required under newly amended section 54.202 of the Commission's rules; A detailed explanation of how the carrier will comply with the Commission's new rules relating to determinations of subscriber eligibility for Lifeline services, including all of the consumer eligibility, consumer enrollment, and re-certification procedures, as required by Section VI and Appendix C of the Lifeline Reform Order, and a copy of the carrier's certification form; A
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  • supported Lifeline service in compliance with the Commission's rules;14(c), detailed information, including geographic locations, of the carrier's current service offerings if the carrier currently offers service;15(d) the terms and conditions of each Lifeline service plan offering, including rates, the number of minutes provided, and additional charges, if any, for toll calls;16and (e) all other certifications required under newly amended section 54.202 of the Commission's rules;17 (2)A detailed explanation of how the carrier will comply with the Commission's new rules relating to determinations of subscriber eligibility for Lifeline services, including all of the consumer eligibility, consumer enrollment, and re-certification procedures, as required by Section VI and Appendix C of the Lifeline Reform Order, and a copy of the carrier's certification form;18 (3)A
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  • ETCs who moved expeditiously to implement the Lifeline Reform Order to implement the new support amount. This temporary waiver of the $9.25 flat-rate will not affect the Commission's 2012 savings target and its ongoing commitment to fiscal responsibility. Other Lifeline Rules. OMB also approved the information collection requirements of the following rules adopted or amended in the Lifeline Reform Order: 54.202(a) Required Showings For ETC Designation 54.401(d) Required Filings with Administrator For State ETC Designations 54.403 Lifeline Support Amount 54.404 National Lifeline Accountability Database 54.405 Carrier Obligation to Offer Lifeline (except for portions of section 54.405(c) (Required Disclosures) and section 54.405(e)(4) (De-enrollment for failure to re-certify)) 54.407 Requirements for Obtaining Reimbursement and Usage Requirement 54.410(a) through (f) Subscriber Eligibility Determination and
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  • Inc. (Cricket) seeking limited designation as an ETC for the purpose of providing Lifeline services in the states of New York, North Carolina, Tennessee, Virginia and the District of Columbia. The Amended i-wireless ETC Petition and the Amended Cricket ETC Petition (together the Petitions) were filed pursuant to section 214(e)(6) of the Communications Act, as amended (the Act), and section 54.202 of the Commission's rules. The designation of i-wireless as an ETC is conditioned on i-wireless's compliance with: (i) the representations and commitments made by i-wireless in its Amended ETC Designation Petition; (ii) the i-wireless Forbearance Order; (iii) the commitments i-wireless made in its compliance plan; and (iv) the Commission's rules, including those adopted by the Commission in its Lifeline Reform
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  • to receive high-cost support. States have the primary responsibility for designating ETCs, and carriers must first check with their state commissions to determine whether the state has jurisdiction over the designation of ETCs. If the state does not have jurisdiction over ETC designations, the carrier may seek designation from the Commission pursuant to section 214(e)(6) of the Act and section 54.202 of the Commission's rules. Pursuant to section 214(e) of the Act, in order to be designated as an ETC, carriers must satisfy the following requirements: offer the services that are supported by the Federal Universal Service mechanisms under section 254(c) of the Act, either using their own facilities or a combination of their own facilities and resale of another carrier's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A1.pdf
  • CETCs to confirm their March 2008 high-cost support amount information with USAC and file any corrections on or before December 31, 2008.10 Table 3.2 compares the annual amounts of support received by ILECs and by CETCs for each support mechanism since the first CETC started receiving support in 1999.11 5 47 U.S.C. § 214(e); see also 47 C.F.R. §§ 54.201, 54.202. 6 47 C.F.R. § 54.307. 7 High-Cost Universal Service Support; Federal-State Joint Board on Universal Service, WC Docket No. 05-337, CC Docket No. 96-45, Order, 23 FCC Rcd 8834 (2008) (Interim Cap Order). 8 Id. at 8834, para. 1. 9 High-Cost Universal Service Support; Federal-State Joint Board on Universal Service, 73 Fed. Reg. 37882 (July 2, 2008). As discussed above,
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  • CETCs to confirm their March 2008 high-cost support amount information with USAC and file any corrections on or before December 31, 2008.10 Table 3.2 compares the annual amounts of support received by ILECs and by CETCs for each support mechanism since the first CETC started receiving support in 1999.11 5 47 U.S.C. § 214(e); see also 47 C.F.R. §§ 54.201, 54.202. 6 47 C.F.R. § 54.307. 7 High-Cost Universal Service Support; Federal-State Joint Board on Universal Service, WC Docket No. 05-337, CC Docket No. 96-45, Order, 23 FCC Rcd 8834 (2008) (Interim Cap Order). 8 Id. at 8834, para. 1. 9 High-Cost Universal Service Support; Federal-State Joint Board on Universal Service, 73 Fed. Reg. 37882 (July 2, 2008). As discussed above,
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  • all local loops can be used for making and receiving both intrastate and interstate telephone calls. Historically, the interstate allocation was made using the Subscriber Plant Factor (SPF).9 This factor is now 25% for all companies. Today, only rural carriers10 receive HCLS. Non-rural carriers receive HCMS instead of HCLS. 4 47 U.S.C. § 214(e); see also 47 C.F.R. §§ 54.201, 54.202. 5 47 C.F.R. § 54.307. 6 High-Cost Universal Service Support; Federal-State Joint Board on Universal Service, WC Docket No. 05-337, CC Docket No. 96-45, Order, 23 FCC Rcd 8834 (2008) (Interim Cap Order). 7 Id. at 8834, para. 1. 8 The data for 2009 are projections. USAC's quarterly filings include projections of support for competitive carriers that have applied for,
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  • all local loops can be used for making and receiving both intrastate and interstate telephone calls. Historically, the interstate allocation was made using the Subscriber Plant Factor (SPF).9 This factor is now 25% for all companies. Today, only rural carriers10 receive HCLS. Non-rural carriers receive HCMS instead of HCLS. 4 47 U.S.C. § 214(e); see also 47 C.F.R. §§ 54.201, 54.202. 5 47 C.F.R. § 54.307. 6 High-Cost Universal Service Support; Federal-State Joint Board on Universal Service, WC Docket No. 05-337, CC Docket No. 96-45, Order, 23 FCC Rcd 8834 (2008) (Interim Cap Order). 7 Id. at 8834, para. 1. 8 The data for 2009 are projections. USAC's quarterly filings include projections of support for competitive carriers that have applied for,
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  • poles, and other facilities that link each telephone customer's premises to the public switched telephone network. NTS costs are allocated between the state and interstate jurisdictions because all local loops can be used for making and receiving both intrastate and interstate telephone calls. Historically, the interstate allocation was made 5 47 U.S.C. § 214(e); see also 47 C.F.R. §§ 54.201, 54.202. 6 47 C.F.R. § 54.307. 7 High-Cost Universal Service Support, Federal-State Joint Board on Universal Service, ALLTEL Communications, Inc., et al. Petitions for Designation as Eligible Telecommunications Carriers, RCC Minnesota, Inc. and RCC Atlantic, Inc. New Hampshire ETC Designation Amendment, Order, WC 05-337, CC 96-45, 23 FCC Rcd 8834 (2008), aff'd, Rural Cellular Assn. et al. v FCC, 588 F.3d
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  • poles, and other facilities that link each telephone customer's premises to the public switched telephone network. NTS costs are allocated between the state and interstate jurisdictions because all local loops can be used for making and receiving both intrastate and interstate telephone calls. Historically, the interstate allocation was made 5 47 U.S.C. § 214(e); see also 47 C.F.R. §§ 54.201, 54.202. 6 47 C.F.R. § 54.307. 7 High-Cost Universal Service Support, Federal-State Joint Board on Universal Service, ALLTEL Communications, Inc., et al. Petitions for Designation as Eligible Telecommunications Carriers, RCC Minnesota, Inc. and RCC Atlantic, Inc. New Hampshire ETC Designation Amendment, Order, WC 05-337, CC 96-45, 23 FCC Rcd 8834 (2008), aff'd, Rural Cellular Assn. et al. v FCC, 588 F.3d
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  • add ``See supra paras. 373-75.''. Footnote 1006, replace ``NPRM at 2865. para. 312'' with ``Lifeline and Link Up NPRM at 2865, para. 312''. Footnote 1008, delete the extra space after ``Virgin Mobile Forbearance Order''and insert a space before ``24 FCC Rcd at 3383-84.'' Paragraph 388, in the second sentence, delete ``both'' and ``and 54.203'' and insert the word ``section'' before ``54.202''. Footnote 1013, change ``Jan. 24'' to read as ``Jan. 24, 2012''. Paragraph 389, in the third sentence, add the word ``section'' before ``54.209'' and insert the word ``such'' before the second occurrence of ``ETCs'' and delete ``offering Lifeline services'' after ``ETCs''. Footnote 1016, remove the italics from the number ``296''. Footnote 1032 is corrected to read as follows: ``Federal-State Joint
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  • Minnesota, Inc. and Wireless Alliance, LLC, on August 27, 2004, IS GRANTED, to the extent discussed herein. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A - FINAL RULES Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: PART 54 - UNIVERSAL SERVICE Subpart C - Carriers Eligible for Universal Service Support 1. Section 54.202 is added to subpart C to read as follows: § 54.202 Additional requirements for Commission designation of eligible telecommunications carriers. (a) On or after the effective date of these rules, in order to be designated an eligible telecommunications carrier under section 214(e)(6), any common carrier in its application must: (1) (A) commit to provide service throughout its proposed designated service
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  • and Order and FRFA (or summaries thereof) will also be published in the Federal Register. APPENDIX C Rules Part 54 of Title 47 of the Code of Federal Regulations is amended to read as follows: 1. The authority citation for Part 54 continues to read as follows: AUTHORITY: Secs. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155. 2. Section 54.202 is amended by adding subsection (e), as follows: * * * (e) All eligible telecommunications carriers shall retain all records required to demonstrate to auditors that the support received was consistent with the universal service high-cost program rules. These records should include the following: data supporting line count filings; historical customer records; fixed asset property accounting records; general ledgers; invoice
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  • Calling Systems; Association of Public-Safety Communications Officials-International, Inc. Request for Declaratory Ruling; 911 Requirements for IP-Enabled Service Providers, PS Docket No. 07-114, CC Docket No. 94-102, WC Docket No. 05-196, Notice of Proposed Rulemaking, 22 FCC Rcd 10609, 10611 ¶ 5 (2007). Id. at 10612 ¶ 5. Id. E911 Press Release. Id. Id. at 2. See, e.g., 47 C.F.R. § 54.202(a)(2). ULS File No. 0003040113 was designated the lead application for the wireless radio services. See Kin Network, Inc. International Section 214 Application, FCC File No. ITC-T/C-20070606-00216, Attachment 1 at 3-4. (continued....) Federal Communications Commission FCC 07-185 Federal Communications Commission FCC 07-185 @ˆž’ @ˆž’ @ˆž’ @ˆž’ @ˆž’ ž  Ž ³ Ā Ć Ę ż ž kdm kdų   
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  • Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd 6422, 6438, paras. 1, 33 (2004) (Highland Cellular Order). See ETC Designation Order, 20 FCC Rcd at 6380, para. 20 (citing Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Recommended Decision, 19 FCC Rcd 4259, para. 5 (Fed-State Jt. Bd. 2004)). 47 C.F.R. § 54.202(a). Because TracFone is a pure reseller eligible for Lifeline support only, we do not require TracFone to demonstrate that it satisfies the network build-out and improvement requirements or to provide a certification that it acknowledges that the Commission may require it to provide equal access to long distance carriers in the event that no other eligible telecommunications carrier is providing
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  • the relevant service areas, if not previously redefined as described therein. IT IS FURTHER ORDERED that a copy of this order SHALL BE transmitted by the Office of the Secretary to the relevant state commissions and the Universal Service Administrative Company. IT IS FURTHER ORDERED that the petitioners set forth in Appendix B SHALL SUBMIT additional information pursuant to sections 54.202(a) of the Commission's rules, 47 C.F.R.§§ 54.202(a). IT IS FURTHER ORDERED that NEP Cellcorp, Inc.'s Motion to Strike IS DISMISSED AS MOOT as described in Appendix B. IT IS FURTHER ORDERED that, pursuant to the authority contained in section 214(e)(6) of the Communications Act, 47 U.S.C. § 214(e)(6), RCC Minnesota, Inc. and RCC Atlantic, Inc.'s ETC designation in New Hampshire
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  • July 9, 2007, the Wireline Competition Bureau sought comment on this petition. Comment Sought on a Petition by TDS Telecommunications Corp., Fairpoint Communications, Inc., and Burke's Garden Telephone Company for Revocation of Spring/Nextel's ETC Designation in Virginia, or, Alternatively, Motion to Show Cause, CC Docket No. 96-45, Public Notice, 22 FCC Rcd 12727 (Wireline Comp. Bur. 2007). 47 C.F.R. § 54.202 (a)(1)(ii). 5 U.S.C. § 603. See 5 U.S.C. § 603(a). Id. Paperwork Reduction Act of 1995, Pub. L. No. 104-13, 109 Stat. 163 (1995). Small Business Paperwork Relief Act of 2002, Pub. L. No. 107-198, 116 Stat. 729 (2002); 44 U.S.C. § 3506(c)(4). 47 C.F.R. §§ 1.1200-1.1216. 47 C.F.R. § 1.1206(b)(2). 47 C.F.R. § 1.1206(b). 47 CFR §§ 1.415, 1.419.
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  • Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd 6422, 6438, paras. 1, 33 (2004) (Highland Cellular Order). See ETC Designation Order, 20 FCC Rcd at 6380, para. 20 (citing Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Recommended Decision, 19 FCC Rcd 4259, para. 5 (Fed-State Jt. Bd. 2004)); 47 C.F.R. § 54.202. 47 C.F.R. § 54.209. 47 U.S.C. § 214(e)(6); 47 C.F.R. § 54.202(c). See ETC Designation Order, 20 FCC Rcd at 6388-96, paras. 40-57; Virginia Cellular Order, 19 FCC Rcd at 1575, para. 27; Highland Cellular Order, 19 FCC Rcd at 6431-32, para. 21. The Commission places the burden on the ETC applicant to demonstrate that the public interest is served.
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  • Review of the Universal Service Fund Management, Administration, and Oversight, WC Docket No. 05-195, Report and Order, 22 FCC Rcd 16,372, 16,383-85 ¶¶ 22-27 (2007) (Universal Service Fund Oversight Order). 47 C.F.R. § 54.707. 47 C.F.R. § 54.702(n). . Universal Service Fund Oversight Order, 22 FCC Rcd at 16,387 ¶ 32. See 47 C.F.R. § 54.8. See 47 C.F.R. § 54.202(e) (``All eligible telecommunications carriers shall retain all records required to demonstrate to auditors that the support received was consistent with the universal service high-cost program rules. . . .This documentation must be maintained at least five years from the receipt of funding.'') Cf. the five-year limitation on imposition of forfeitures for violations of Section 220(d) of the Act. 47 C.F.R.
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  • Cellular Order). Twelfth Report and Order, 15 FCC Rcd at 12265-69, paras. 115-27; Tribal Recon. Order, 18 FCC Rcd at 10964 n.28. Twelfth Report and Order, 15 FCC Rcd at 12265-69, paras. 115-27. Id. at 12266-12267, paras. 120-22. Id. at 12265, para. 115. See 47 U.S.C. § 153(37) (defining ``rural telephone company''). See 47 U.S.C. § 214(e)(1); 47 C.F.R. § 54.202(a); Procedures for FCC Designation of Eligible Telecommunications Carriers Pursuant to Section 214(e)(6) of the Communications Act, CC Docket No. 96-45, Public Notice, 12 FCC Rcd 22947, 22948-49 (1997) (Section 214(e)(6) Public Notice). For example, all ETCs must offer and advertise the services supported by the federal universal service mechanisms throughout their designated service areas. 47 U.S.C. § 214(e)(1). 47 U.S.C.
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  • not something the broadband provider can control, so the problems of identifying the root cause of performance problems remain. OBI Broadband Performance at 11. 47 U.S.C. § 1301 et seq. et seq. (Characteristics of Broadband Service). (Waiver Process). See, e.g., American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, § 6001(k)(2)(D), 123 Stat. 115, 516. 47 C.F.R. § 54.202(a). See Bluhm & Bernt at 9 (noting that, in New Jersey, no contribution can be required from customer where line extension would be profitable without contribution). To clarify, in this situation, the customer is responsible for paying the provider to extend service; no federal USF money would pay for the cost of extending service, just as federal USF does not
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  • (if any) in conjunction with reporting of pricing of their broadband offerings that meet our public interest obligations, as discussed below. Build-out/Service. Recognizing that existing five-year build out plans may need to change to account for new broadband obligations set forth in this Order, we require all ETCs to file a new five-year build-out plan in a manner consistent with 54.202(a)(1)(ii) by April 1, 2013. Under the terms of new section 54.313(a), all ETCs will be required to include in their annual 54.313 reports information regarding their progress on this five-year broadband build-out plan beginning April 1, 2014. This progress report shall include the number, names, and addresses of community anchor institutions to which the ETCs newly offer broadband service. As
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  • Act, and our rules provide for designation of ETCs by the states and by the Commission. Furthermore this modification conforms the rule to the Commission's consistent use of the term since it was given specific authority to designate ETCs by Congress in 1997. We therefore find good cause to amend this rule without notice and comment. Second, we amend section 54.202 to clarify that a common carrier seeking designation as a Lifeline-only ETC is not required to submit a five-year network improvement plan as part of its application for designation as an ETC. In the USF/ICC Transformation Order and FNPRM, the Commission included a new requirement in section 54.202, requiring a common carrier seeking to be designated as an eligible telecommunications
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  • the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd 1563 (2004) (Virginia Cellular Order); Highland Cellular, Inc. Petition for Designation as an Eligible Telecommunications Carrier for the Commonwealth of Virginia, CC Docket No. 96-45, Memorandum Opinion and Order, 19 FCC Rcd 6422 (2004) (Highland Cellular Order). 47 U.S.C. § 214(e)(6). Id; 47 C.F.R. § 54.202(c); see also Federal State Joint Board on Universal Service, 20 FCC Rcd 6371, 6388-96, paras. 40-57 (2005) (ETC Designation Order); Virginia Cellular Order, 19 FCC Rcd at 1575, para. 27; Highland Cellular Order, 19 FCC Rcd at 6431-32, para. 21. The Commission places the burden on the ETC applicant to demonstrate that the public interest is served. ETC Designation Order,
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  • Tribal lands is a critical component of the trust relationship with those Tribal governments. Document Retention Period In the USF/ICC Transformation Order, we imposed a 10-year document retention period on all ETCs receiving high-cost support. USTelecom and CenturyLink argued that we should reduce the new 10-year document retention period and reinstate the original 5-year retention period previously contained in section 54.202(e). We are not persuaded, as we conclude that a longer period of time is necessary for purposes of litigation under False Claims Act cases. Thus, we decline to revise the 10-year document retention period set forth in section 54.320. USTelecom further argued in its Petition that, should the Commission decline to reconsider the new ten-year retention period, the rule should
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  • area conformance in these limited circumstances is not essential to protect the ability of rural telephone companies to continue to provide service nor will forbearance harm competitive market conditions). See 47 U.S.C. §§ 201, 202. 47 U.S.C. § 254(e)(3); see also, e.g., 47 C.F.R. §§ 54.313(a)(10), 54.314. USF/ICC Transformation Order, 26 FCC Rcd at 17771-72, para. 295. 47 C.F.R. § 54.202(a)(3). USF/ICC Transformation Order, 26 FCC Rcd at 17771-73, paras. 295-99. See 47 C.F.R. § 54.405 (ETC obligation to offer Lifeline). See 47 U.S.C. § 160(b) (requiring the public-interest determination to consider whether forbearance would promote competitive market conditions). 47 U.S.C. § 214(e)(3); 47 C.F.R. § 54.201(c). The redefinition process is still required for ETCs seeking other kinds of support and
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  • to manage the network in the most efficient manner and to safeguard the integrity and reliability of all services on the network"). 400 The rechartering of NRIC as NRIC V is a separate process, outside of this proceeding. Our proposal for NRIC V is subject to approval by the Administrator of the General Services Administration. See 41 C.F.R. §§ 105-54.201 ­105-54.202. 401 We note that we sought comment in the Advanced Services First Report and Order and FNPRM on whether we should empower any third party, whose assistance we solicited in spectrum compatibility and management matters, to develop binder group management procedures and resolve disputes between carriers over the existence of disturbers in shared facilities. 14 FCC Rcd at 4804-05, para.
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  • incentive to manage the network in the most efficient manner and to safeguard the integrity and reliability of all services on the network''). The rechartering of NRIC as NRIC V is a separate process, outside of this proceeding. Our proposal for NRIC V is subject to approval by the Administrator of the General Services Administration. See 41 C.F.R. §§ 105-54.201 -105-54.202. We note that we sought comment in the Advanced Services First Report and Order and FNPRM on whether we should empower any third party, whose assistance we solicited in spectrum compatibility and management matters, to develop binder group management procedures and resolve disputes between carriers over the existence of disturbers in shared facilities. 14 FCC Rcd at 4804-05, para. 89.
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  • incentive to manage the network in the most efficient manner and to safeguard the integrity and reliability of all services on the network''). The rechartering of NRIC as NRIC V is a separate process, outside of this proceeding. Our proposal for NRIC V is subject to approval by the Administrator of the General Services Administration. See 41 C.F.R. §§ 105-54.201 -105-54.202. We note that we sought comment in the Advanced Services First Report and Order and FNPRM on whether we should empower any third party, whose assistance we solicited in spectrum compatibility and management matters, to develop binder group management procedures and resolve disputes between carriers over the existence of disturbers in shared facilities. 14 FCC Rcd at 4804-05, para. 89.