Sec.  54.313   State certification of support for non-rural carriers.

   (a) Certification. States that desire non-rural incumbent local exchange
   carriers and/or eligible telecommunications carriers serving lines in the
   service area of a non-rural incumbent local exchange carrier within their
   jurisdiction to receive support pursuant to  Sec.  Sec. 54.309 and/or 54.311 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. 54.309 and/or 54.311 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 non-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 non-rural incumbent local exchange
   carrier that desires to receive support pursuant to  Sec.  Sec. 54.309 and/or 54.311
   of this subpart must 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. 54.309 and/or 54.311 of this subpart 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 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. 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. Non-rural incumbent local exchange carriers
   not subject to the jurisdiction of a state or eligible telecommunications
   carrier not subject to the jurisdiction of a state serving lines in the
   service area of a non-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. In order for a non-rural incumbent local exchange
   carrier in a particular State, and/or an eligible telecommunications carrier
   serving lines in the service area of a non-rural incumbent local exchange
   carrier, to receive federal high-cost support, the State must file an annual
   certification, as described in paragraph (c) of this section, with both the
   Administrator and the Commission. Support shall be provided in accordance
   with the following schedule:

   (1) [Reserved]

   (2) [Reserved]

   (3) Subsequent program years (January 1–December 31). During the program
   years subsequent to the second program year (January 1, 2001–December 31,
   2001), a carrier in a particular State shall not receive support pursuant to
    Sec. 54.309 or  Sec. 54.311 until such time as the State files the certification
   described in this section. Upon the filing of the certification described in
   this section, support shall be provided pursuant to the following schedule:

   (i)  Certifications  filed on or before October 1. Carriers subject to
   certifications filed on or before October 1 shall receive support pursuant
   to  Sec. 54.309 or  Sec. 54.311, whichever is applicable, in the first, second, third,
   and fourth quarters of the succeeding year.

   (ii)  Certifications filed on or before January 1. Carriers subject to
   certifications filed on or before January 1 shall receive support pursuant
   to  Sec. 54.309 or  Sec. 54.311, whichever is applicable, in the second, third, and
   fourth  quarters of that year. Such carriers shall not receive support
   pursuant  to  Sec. 54.309 or  Sec. 54.311, whichever is applicable, in the first
   quarter of that year.

   (iii)  Certifications  filed on or before April 1. Carriers subject to
   certifications filed on or before April 1 shall receive support pursuant to
    Sec. 54.309  or   Sec. 54.311, whichever is applicable, in the third and fourth
   quarters of that year. Such carriers shall not receive support pursuant to
    Sec. 54.309 or  Sec. 54.311, whichever is applicable, in the first or second quarters
   of that year.

   (iv)  Certifications  filed  on  or before July 1. Carriers subject to
   certifications filed on or before July 1 shall receive support pursuant to
    Sec. 54.309 or  Sec. 54.311, whichever is applicable, beginning in the fourth quarter
   of that year. Such carriers shall not receive support pursuant to  Sec. 54.309 or
    Sec. 54.311, whichever is applicable, in the first, second, or third quarters of
   that year.

   (v) Certifications filed after July 1. Carriers subject to certifications
   filed after July 1 shall not receive support pursuant to  Sec. 54.309 or  Sec. 54.311,
   whichever is applicable, in that year.

   (vi) 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. 54.309 or  Sec. 54.311, 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.

   [ 64 FR 67432 , Dec. 1, 1999, as amended at  64 FR 73428 , Dec. 30, 1999;  66 FR 30088 , June 5, 2001;  67 FR 13094 , Mar. 21, 2002;  70 FR 29979 , May 25, 2005;
    71 FR 65750 , Nov. 9, 2006]