§  54.314   Certification of support for eligible telecommunications carriers.

   (a) Certification. States that desire eligible telecommunications
   carriers to receive support pursuant to the high-cost program 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 was used in the preceding calendar year and will be
   used in the coming calendar year only for the provision, maintenance,
   and upgrading of facilities and services for which the support is
   intended. High-cost support 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. An eligible
   telecommunications carrier not subject to the jurisdiction of a State
   that desires to receive support pursuant to the high-cost program must
   file an annual certification with the Administrator and the Commission
   stating that all federal high-cost support provided to such carrier was
   used in the preceding calendar year and will be used in the coming
   calendar year only for the provision, maintenance, and upgrading of
   facilities and services for which the support is intended. Support
   provided pursuant to the high-cost program shall only be provided to
   the extent that the carrier has filed the requisite certification
   pursuant to this section.

   (c) Certification format. (1) 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 WC Docket No. 10-90,
   and with the Administrator of the high-cost 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 only used support during
   the preceding calendar year and will only use support in the coming
   calendar year 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.

   (2) An eligible telecommunications carrier not subject to the
   jurisdiction of a State shall file a sworn affidavit executed by a
   corporate officer attesting that the carrier only used support during
   the preceding calendar year and will only use support in the coming
   calendar year 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 WC Docket No. 10-90, 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 an eligible telecommunications
   carrier to receive federal high-cost support, the State or the carrier,
   if not subject to the jurisdiction of a State, must file an annual
   certification, as described in paragraph (c) of this section, with both
   the Administrator and the Commission. Upon the filing of the
   certification described in this section, support shall be provided in
   accordance with the following schedule:

   (1) Certifications filed on or before October 1. Carriers subject to
   certifications filed on or before October 1 shall receive support in
   the first, second, third, and fourth quarters of the succeeding year.

   (2) Certifications filed on or before January 1. Carriers subject to
   certifications filed on or before January 1 shall receive support in
   the second, third, and fourth quarters of that year. Such carriers
   shall not receive support in the first quarter of that year.

   (3) Certifications filed on or before April 1. Carriers subject to
   certifications filed on or before April 1 shall receive support in the
   third and fourth quarters of that year. Such carriers shall not receive
   support in the first or second quarters of that year.

   (4) Certifications filed on or before July 1. Carriers subject to
   certifications filed on or before July 1 shall receive support
   beginning in the fourth quarter of that year. Such carriers shall not
   receive support in the first, second, or third quarters of that year.

   (5) Certifications filed after July 1. Carriers subject to
   certifications filed after July 1 shall not receive support 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 as of the effective date
   of its designation as an eligible telecommunications carrier under
   section 214(e)(2) or (e)(6) of the Act, 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.

   [ 76 FR 73875 , Nov. 29, 2011]

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