§  54.502   Eligible services.

   (a) Supported services. Supported services are listed in the Eligible
   Services List as updated annually in accordance with paragraph (b) of
   this section. The services in this subpart will be supported in
   addition to all reasonable charges that are incurred by taking such
   services, such as state and federal taxes. Charges for termination
   liability, penalty surcharges, and other charges not included in the
   cost of taking such service shall not be covered by the universal
   service support mechanisms. These supported services fall within the
   following general categories:

   (1) Telecommunications services. For purposes of this subpart,
   supported telecommunications services provided by telecommunications
   carriers include all commercially available telecommunications
   services.

   (2) Telecommunications. For purposes of this subpart, supported
   telecommunications can be provided in whole or in part via fiber by any
   entity.

   (3) Internet access. For purposes of this subpart, Internet access is
   as defined in § 54.5.

   (4) Internal connections and basic maintenance. (i) For purposes of
   this subpart, a service is eligible for support as a component of an
   institution's internal connections if such service is necessary to
   transport information within one or more instructional buildings of a
   single school campus or within one or more non-administrative buildings
   that comprise a single library branch. Discounts are not available for
   internal connections in non-instructional buildings of a school or
   school district, or in administrative buildings of a library, to the
   extent that a library system has separate administrative buildings,
   unless those internal connections are essential for the effective
   transport of information to an instructional building of a school or to
   a non-administrative building of a library or the Commission has found
   that the use of those services meets the definition of educational
   purpose. Internal connections do not include connections that extend
   beyond a single school campus or single library branch. There is a
   rebuttable presumption that a connection does not constitute an
   internal connection if it crosses a public right-of-way.

   (ii) For purposes of this subpart, basic maintenance services shall be
   eligible as an internal connections service if, but for the maintenance
   at issue, the internal connection would not function and serve its
   intended purpose with the degree of reliability ordinarily provided in
   the marketplace to entities receiving such services. Basic maintenance
   services do not include services that maintain equipment that is not
   supported or that enhance the utility of equipment beyond the transport
   of information, or diagnostic services in excess of those necessary to
   maintain the equipment's ability to transport information.

   (iii) Each eligible school or library shall be eligible for support for
   internal connections services, except basic maintenance services, no
   more than twice every five funding years. For the purpose of
   determining eligibility, the five-year period begins in any funding
   year in which the school or library receives discounted internal
   connections services other than basic maintenance services. If a school
   or library receives internal connections services other than basic
   maintenance services that are shared with other schools or libraries
   (for example, as part of a consortium), the shared services will be
   attributed to the school or library in determining whether it is
   eligible for support.

   (b) Eligible Services List. (1) The Administrator shall submit by March
   30 of each year a draft list of services eligible for support, based on
   the Commission's rules for the following funding year. The Wireline
   Competition Bureau will issue a Public Notice seeking comment on the
   Administrator's proposed eligible services list. At least 60 days prior
   to the opening of the window for the following funding year, the final
   list of services eligible for support will be released.

   (2) All supported services are listed in the Eligible Services List as
   updated annually in accordance with paragraph (b)(1) of this section.

   [ 75 FR 75411 , Dec. 3, 2010]