§ 1.7001   Scope and content of filed reports.

   (a) Definitions. Terms used in this subpart have the following meanings:

   (1)  Facilities-based providers. Those entities that provide broadband
   services  over their own facilities or over Unbundled Network Elements
   (UNEs), special access lines, and other leased lines and wireless channels
   that the entity obtains from a communications service provider and equips as
   broadband.

   (2) One-way broadband lines or wireless channels. Lines or wireless channels
   with information carrying capability in excess of 200 kilobits per second in
   at least one direction, but not both.

   (3) Own facilities. Lines and wireless channels the entity actually owns and
   facilities that it obtained the right to use from other entities as dark
   fiber or satellite transponder capacity.

   (b) All commercial and government-controlled entities, including but not
   limited to common carriers and their affiliates (as defined in 47 U.S.C. 153
   (1)), cable television companies, terrestrial fixed wireless providers,
   terrestrial mobile wireless providers, satellite providers, utilities, and
   others, that are facilities-based providers 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.

   (c) Respondents identified in paragraph (b) of this section shall include in
   each  report  a certification signed by an appropriate official of the
   respondent (as specified in the instructions to FCC Form 477) and shall
   report the title of their certifying official.

   (d)  Disclosure of data contained in FCC Form 477 will be addressed as
   follows:

   (1) Emergency operations contact information contained in FCC Form 477 are
   information that should not be routinely available for public inspection
   pursuant to § 0.457 of this chapter.

   (2) Respondents may make requests for Commission non-disclosure of the
   following data contained in FCC Form 477 under § 0.459 of this chapter by so
   indicating on Form 477 at the time that the subject data are submitted:

   (i) Provider-specific subscription data and

   (ii)  Provider-specific  mobile deployment data that includes specific
   spectrum and speed parameters that may be used by providers for internal
   network planning purposes.

   (3) Respondents seeking confidential treatment of any other data contained
   in  FCC  Form  477  must  submit a request that the data be treated as
   confidential with the submission of their Form 477 filing, along with their
   reasons for withholding the information from the public, pursuant to § 0.459
   of this chapter.

   (4) The Commission shall make all decisions regarding non-disclosure of
   provider-specific  information,  except that the Chief of the Wireline
   Competition Bureau may release provider-specific information to:

   (i) A state commission provided that the state commission has protections in
   place that would preclude disclosure of any confidential information,

   (ii) “Eligible entities,” as those entities are defined in the Broadband
   Data  Improvement  Act,  in  an  aggregated  format  and  pursuant  to
   confidentiality conditions prescribed by the Commission, and

   (iii) Others, to the extent that access to such data can be accomplished in
   a manner that addresses concerns about the competitive sensitivity of the
   data and precludes public disclosure of any confidential information.

   (e) 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.

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

   [ 65 FR 19684 , Apr. 12, 2000;  65 FR 24654 , Apr. 27, 2000, as amended at  67 FR 13224 , Mar. 21, 2002;  69 FR 77938 , Dec. 29, 2004;  69 FR 72027 , Dec. 10,
   2004;  73 FR 37881 , July 2, 2008;  78 FR 45470 , July 29, 2013;  78 FR 49148 ,
   Aug. 13, 2013]

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