Goto Section: 54.313 | 54.315 | Table of Contents
FCC 54.314
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 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 § § 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 § § 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
§ § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 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 § § 54.301,
54.305, or § 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]
Goto Section: 54.313 | 54.315
Goto Year: 2010 |
2012
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