§ 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. 14-58, 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. 14-58, 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. (1) In order for an eligible telecommunications
   carrier to receive federal high-cost support, the state or the eligible
   telecommunications 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 by October 1 of each
   year. If a state or eligible telecommunications carrier files the annual
   certification after the October 1 deadline, the carrier subject to the
   certification shall receive a reduction in its support pursuant to the
   following schedule:

   (i) An eligible telecommunications carrier subject to certifications filed
   after  the October 1 deadline, but by October 8, will have its support
   reduced in an amount equivalent to seven days in support;

   (ii) An eligible telecommunications carrier subject to certifications filed
   on or after October 9 will have its support reduced on a pro-rata daily
   basis equivalent to the period of non-compliance, plus the minimum seven-day
   reduction.

   (2) Grace period. If an eligible telecommunications carrier or state submits
   the annual certification required by this section after October 1 but before
   October  5,  the  eligible  telecommunications  carrier subject to the
   certification  will not receive a reduction in support if the eligible
   telecommunications carrier and its holding company, operating companies, and
   affiliates as reported pursuant to § 54.313(a)(8) have not missed the October
   1 deadline in any prior year.

   [ 76 FR 73875 , Nov. 29, 2011;  79 FR 39189 , July 9, 2014;  80 FR 4477 , Jan. 27,
   2015]

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