§  54.315   Disaggregation and targeting of high-cost support.

   (a) On or before May 15, 2002, all rural incumbent local exchange
   carriers and rate-of-return carriers for which high-cost universal
   service support pursuant to § § 54.301, 54.303, and/or 54.305 of this
   subpart, subpart K of this part, and/or part 36 subpart F is available
   must select a disaggregation path as described in paragraphs (b), (c),
   or (d) of this section. In study areas in which a competitive carrier
   was designated as a competitive eligible telecommunications carrier
   prior to June 19, 2001, the rural incumbent local exchange carrier or
   rate-of-return carrier may only disaggregate support pursuant to
   paragraphs (b), (c), or (d)(1)(iii) of this section. A rural incumbent
   local exchange carrier or rate-of-return carrier failing to select a
   disaggregation path as described in paragraphs (b), (c), or (d) of this
   section by May 15, 2002, will not be permitted to disaggregate and
   target federal high-cost support unless ordered to do so by a state
   commission as that term is defined in § 54.5.

   (b) Path 1: Carriers Not Disaggregating and Targeting High-Cost
   Support:

   (1) A carrier may certify to the state commission that it will not
   disaggregate and target high-cost universal service support.

   (2) A carrier's election of this path becomes effective upon
   certification by the carrier to the state commission.

   (3) This path shall remain in place for such carrier for at least four
   years from the date of certification to the state commission except as
   provided in paragraph (b)(4) of this section.

   (4) A state commission may require, on its own motion, upon petition by
   an interested party, or upon petition by the rural incumbent local
   exchange carrier or rate-of-return carrier, the disaggregation and
   targeting of support under paragraphs (c) or (d) of this section.

   (5) A carrier not subject to the jurisdiction of a state, e.g., certain
   tribally owned carriers, may select Path 1, but must certify to the
   Federal Communications Commission as described in paragraphs (1)
   through (4) of this section.

   (c) Path 2: Carriers Seeking Prior Regulatory Approval for the
   Disaggregation and Targeting of Support:

   (1) A carrier electing to disaggregate and target support under this
   paragraph must file a disaggregation and targeting plan with the state
   commission.

   (2) Under this paragraph a carrier may propose any method of
   disaggregation and targeting of support consistent with the general
   requirements detailed in paragraph (e) of this section.

   (3) A disaggregation and targeting plan under this paragraph becomes
   effective upon approval by the state commission.

   (4) A carrier shall disaggregate and target support under this path for
   at least four years from the date of approval by the state commission
   except as provided in paragraph (c)(5) of this section.

   (5) A state commission may require, on its own motion, upon petition by
   an interested party, or upon petition by the rural incumbent local
   exchange carrier or rate-of-return carrier, the disaggregation and
   targeting of support in a different manner.

   (6) A carrier not subject to the jurisdiction of a state, e.g., certain
   tribally owned carriers, may select Path 2, but must seek approval from
   the Federal Communications Commission as described in paragraphs (c)(1)
   through (5) of this section.

   (d) Path 3: Self-Certification of the Disaggregation and Targeting of
   Support:

   (1) A carrier may file a disaggregation and targeting plan with the
   state commission along with a statement certifying each of the
   following:

   (i) It has disaggregated support to the wire center level; or

   (ii) It has disaggregated support into no more than two cost zones per
   wire center; or

   (iii) That the carrier's disaggregation plan complies with a prior
   regulatory determination made by the state commission.

   (2) Any disaggregation plan submitted pursuant to this paragraph must
   meet the following requirements:

   (i) The plan must be supported by a description of the rationale used,
   including the methods and data relied upon to develop the
   disaggregation zones, and a discussion of how the plan complies with
   the requirements of this paragraph. Such filing must provide
   information sufficient for interested parties to make a meaningful
   analysis of how the carrier derived its disaggregation plan.

   (ii) The plan must be reasonably related to the cost of providing
   service for each disaggregation zone within each disaggregated category
   of support.

   (iii) The plan must clearly specify the per-line level of support for
   each category of high-cost universal service support provided pursuant
   to § § 54.301, 54.303, and/or 54.305 and/or part 36, subpart F of this
   chapter in each disaggregation zone.

   (iv) If the plan uses a benchmark, the carrier must provide detailed
   information explaining what the benchmark is and how it was determined.
   The benchmark must be generally consistent with how the total study
   area level of support for each category of costs is derived to enable a
   competitive eligible telecommunications carrier to compare the
   disaggregated costs used to determine support for each cost zone.

   (3) A carrier's election of this path becomes effective upon
   certification by the carrier to the state commission.

   (4) A carrier shall disaggregate and target support under this path for
   at least four years from the date of certification to the state
   commission except as provided in paragraph (d)(5) of this section.

   (5) A state commission may require, on its own motion, upon petition by
   an interested party, or upon petition by the rural incumbent local
   exchange carrier, modification to the disaggregation and targeting of
   support selected under this path.

   (6) A carrier not subject to the jurisdiction of a state, e.g., certain
   tribally owned carriers, may select Path 3, but must certify to the
   Federal Communications Commission as described in paragraphs (d)(1)
   through (5) of this section.

   (e) Additional Procedures Governing the Operation of Path 2 and Path 3:
   Disaggregation and targeting plan adopted under paragraphs (c) or (d)
   of this section shall be subject to the following general requirements:

   (1) Support available to the carrier's study area under its
   disaggregation plan shall equal the total support available to the
   study area without disaggregation.

   (2) The ratio of per-line support between disaggregation zones for each
   disaggregated category of support shall remain fixed over time, except
   as changes are allowed pursuant to paragraph (c) and (d) of this
   section.

   (3) The ratio of per-line support shall be publicly available.

   (4) Per-line support amounts for each disaggregation zone shall be
   recalculated whenever the carrier's total annual support amount changes
   using the changed support amount and lines at that point in time.

   (5) Per-line support for each category of support in each
   disaggregation zone shall be determined such that the ratio of support
   between disaggregation zones is maintained and that the product of all
   of the carrier's lines for each disaggregation zone multiplied by the
   per-line support for those zones when added together equals the sum of
   the carrier's total support.

   (6) Until a competitive eligible telecommunications carrier is
   certified in a study area, monthly payments to the incumbent carrier
   will be made based on total annual amounts for its study area divided
   by 12.

   (7) When a competitive eligible telecommunications carrier is certified
   in a study area, per-line amounts used to determine the competitive
   eligible telecommunications carrier's disaggregated support shall be
   based on the incumbent carrier's then-current total support levels,
   lines, disaggregated support relationships, and, in the case of support
   calculated under subpart K of this part, customer classes.

   (f) Submission of Information to the Administrator:

   (1) A carrier certifying under paragraph (b) of this section that it
   will not disaggregate and target high-cost universal service support
   shall submit to the Administrator a copy of the certification submitted
   to the state commission, or the Federal Communications Commission, when
   not subject to state jurisdiction.

   (2) A carrier electing to disaggregate and target support under
   paragraph (c) of this section shall submit to the Administrator a copy
   of the order approving the disaggregation and targeting plan submitted
   by the carrier to the state commission, or the Federal Communications
   Commission, when not subject to state jurisdiction, and a copy of the
   disaggregation and targeting plan approved by the state commission or
   the Federal Communications Commission.

   (3) A carrier electing to disaggregate and target support under
   paragraph (d) of this section shall submit to the Administrator a copy
   of the self-certification plan including the information submitted to
   the state commission pursuant to paragraphs (d)(2)(i) and (d)(2)(iv) of
   this section or the Federal Communications Commission.

   (4) A carrier electing to disaggregate and target support under
   paragraph (c) or (d) of this section must submit to the Administrator
   maps which precisely identify the boundaries of the designated
   disaggregation zones of support within the carrier's study area.

   [ 66 FR 30089 , June 5, 2001, as amended at  66 FR 59727 , Nov. 30, 2001]