Sec.  43.11   Reports of local exchange competition data

   (a) All common carriers and their affiliates (as defined in 47 U.S.C. 153
   (1)) providing telephone exchange or exchange access service (as defined in
   47 U.S.C. 153 (16) and (47)) or commercial mobile radio service (CMRS)
   providers offering mobile telephony (as defined in  Sec. 20.15(b)(1) of this
   chapter)  shall  file with the Commission a completed FCC Form 477, in
   accordance with the Commission's rules and the instructions to the FCC Form
   477, for each state in which they provide service.

   (b) Respondents identified in paragraph (a) of this section shall file the
   FCC Form 477 on diskette or via e-mail, as directed in the instructions to
   the FCC Form 477. Upon submission of each report, an original certification
   letter (as contained in the instructions to FCC Form 477) signed by the
   responsible official shall be mailed to the Commission.

   (c)  Respondents  may  make  requests for Commission non-disclosure of
   provider-specific  data contained in the Form 477 under  Sec. 0.459 of this
   chapter by so indicating on the Form 477 at the time that the subject data
   are  submitted.  The  Commission  shall  make  all decisions regarding
   non-disclosure of provider-specific information, except that the Chief of
   the Common Carrier Bureau may release provider-specific information to a
   state commission, provided that the state commission has protections in
   place that would preclude disclosure of any confidential information.

   (d) Respondents identified in paragraph (b) of this section shall file a
   revised version of FCC Form 477 if and when they discover a significant
   error in their filed FCC Form 477. For counts, a difference amounting to 5
   percent of the filed number is considered significant. For percentages, a
   difference of 5 percentage points is considered significant.

   (e) Failure to file FCC Form 477 in accordance with the Commission's rules
   and the instructions to Form 477 may lead to enforcement action pursuant to
   the Act and any other applicable law.

   [ 65 FR 19685 , Apr. 12, 2000, as amended at  69 FR 77938 , Dec. 29, 2004]