Sec.  54.314   State certification of support for rural carriers.

   (a) State certification. States that desire rural incumbent local exchange
   carriers and/or eligible telecommunications carriers serving lines in the
   service area of a rural incumbent local exchange carrier within their
   jurisdiction to receive support pursuant to  Sec.  Sec. 54.301, 54.305, and/or 54.307
   and/or part 36, subpart F of this chapter 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 will be used only for
   the provision, maintenance, and upgrading of facilities and services for
   which the support is intended. Support provided pursuant to  Sec.  Sec. 54.301,
   54.305, and/or 54.307 and/or part 36, subpart F of this chapter 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. A rural incumbent local
   exchange carrier not subject to the jurisdiction of a state or an eligible
   telecommunications carrier not subject to the jurisdiction of a state
   serving lines in the service area of a rural incumbent local exchange
   carrier that desires to receive support pursuant to  Sec.  Sec. 54.301, 54.305, and/or
   54.307 and/or part 36, subpart F of this chapter shall file an annual
   certification with the Administrator and the Commission stating that all
   federal high-cost support provided to such carriers will be used only for
   the provision, maintenance, and upgrading of facilities and services for
   which the support is intended. Support provided pursuant to  Sec.  Sec. 54.301,
   54.305, and/or 54.307 and/or part 36, subpart F of this chapter shall only
   be provided to the extent that the carrier has filed the requisite
   certification pursuant to this section.

   (c) Certification format. A certification pursuant to this section may be
   filed in the form of a letter from the appropriate regulatory authority for
   the State, and shall be filed with both the Office of the Secretary of the
   Commission clearly referencing CC Docket No. 96–45, 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. 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 will only use support 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. Rural incumbent local exchange carriers not
   subject to the jurisdiction of a state or eligible telecommunications
   carriers not subject to the jurisdiction of a state serving lines in the
   service area of a rural incumbent local exchange carrier, shall file a sworn
   affidavit executed by a corporate officer attesting to the use of the
   support 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 CC
   Docket No. 96–45, 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. Upon the filing of the certification described in
   paragraph (c) of this section, support shall be provided pursuant to the
   following schedule:

   (1) Certifications filed on or before October 1. Carriers for which
   certifications are filed on or before October 1 shall receive support
   pursuant to  Sec.  Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart F of
   this chapter, in the first, second, third, and fourth quarters of the
   succeeding year.

   (2) Certifications filed on or before January 1. Carriers for which
   certifications are filed on or before January 1 shall receive support
   pursuant to  Sec.  Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart F of
   this chapter, in the second, third, and fourth quarters of that year. Such
   carriers shall not receive support pursuant to  Sec.  Sec. 54.301, 54.305, and/or
   54.307 and/or part 36, subpart F of this chapter in the first quarter of
   that year.

   (3) Certifications filed on or before April 1. Carriers for which
   certifications are filed on or before April 1 shall receive support pursuant
   to  Sec.  Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart F of this
   chapter, in the third and fourth quarters of that year. Such carriers shall
   not receive support pursuant to  Sec.  Sec. 54.301, 54.305, and/or 54.307 and/or part
   36, subpart F of this chapter in the first and second quarters of that year.

   (4) Certifications filed on or before July 1. Carriers for which
   certifications are filed on or before July 1 shall receive support pursuant
   to  Sec.  Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart F of this
   chapter, in the fourth quarter of that year. Such carriers shall not receive
   support pursuant to  Sec.  Sec. 54.301, 54.305, and/or 54.307 and/or part 36, subpart
   F of this chapter in the first, second, or third quarters of that year.

   (5) Certifications filed after July 1. Carriers for which certifications are
   filed after July 1 shall not receive support pursuant to  Sec.  Sec. 54.301, 54.305,
   and/or 54.307 and/or part 36, subpart F of this chapter, in that year.

   (6) Newly designated eligible telecommunications carriers. Notwithstanding
   the deadlines in paragraph (d) of this section, a carrier shall be eligible
   to receive support pursuant to  Sec.  Sec. 54.301, 54.305, or  Sec. 54.307 or part 36
   subpart F of this chapter, whichever is applicable, as of the effective date
   of its designation as an eligible telecommunications carrier under section
   214(e)(2) or (e)(6), provided that it files the certification described in
   paragraph (b) of this section or the state commission files the
   certification described in paragraph (a) of this section within 60 days of
   the effective date of the carrier's designation as an eligible
   telecommunications carrier. Thereafter, the certification required by
   paragraphs (a) or (b) of this section must be submitted pursuant to the
   schedule in paragraph (d) of this section.

   [ 66 FR 30088 , June 5, 2001, as amended at  70 FR 29979 , May 25, 2005]