§ 54.202   Additional requirements for Commission designation of eligible
telecommunications carriers.

   (a) In order to be designated an eligible telecommunications carrier
   under section 214(e)(6), any common carrier in its application must:

   (1)(i) Certify that it will comply with the service requirements
   applicable to the support that it receives.

   (ii) Submit a five-year plan that describes with specificity proposed
   improvements or upgrades to the applicant's network throughout its
   proposed service area. Each applicant shall estimate the area and
   population that will be served as a result of the improvements. Except,
   a common carrier seeking designation as an eligible telecommunications
   carrier in order to provide supported services only under subpart E of
   this part does not need to submit such a five-year plan.

   (2) Demonstrate its ability to remain functional in emergency
   situations, including a demonstration that it has a reasonable amount
   of back-up power to ensure functionality without an external power
   source, is able to reroute traffic around damaged facilities, and is
   capable of managing traffic spikes resulting from emergency situations.

   (3) Demonstrate that it will satisfy applicable consumer protection and
   service quality standards. A commitment by wireless applicants to
   comply with the Cellular Telecommunications and Internet Association's
   Consumer Code for Wireless Service will satisfy this requirement. Other
   commitments will be considered on a case-by-case basis.

   (4) For common carriers seeking designation as an eligible
   telecommunications carrier for purposes of receiving support only under
   subpart E of this part, demonstrate that it is financially and
   technically capable of providing the Lifeline service in compliance
   with subpart E of this part.

   (5) For common carriers seeking designation as an eligible
   telecommunications carrier for purposes of receiving support only under
   subpart E of this part, submit information describing the terms and
   conditions of any voice telephony service plans offered to Lifeline
   subscribers, including details on the number of minutes provided as
   part of the plan, additional charges, if any, for toll calls, and rates
   for each such plan. To the extent the eligible telecommunications
   carrier offers plans to Lifeline subscribers that are generally
   available to the public, it may provide summary information regarding
   such plans, such as a link to a public Web site outlining the terms and
   conditions of such plans.

   (6) For common carriers seeking designation as an eligible
   telecommunications carrier for purposes of receiving support only under
   subpart E of this part, submit information describing the terms and
   conditions of any broadband Internet access service plans offered to
   Lifeline subscribers, including details on the speeds offered, data
   usage allotments, additional charges for particular uses, if any, and
   rates for each such plan. To the extent the eligible telecommunications
   carrier offers plans to Lifeline subscribers that are generally
   available to the public, it may provide summary information regarding
   such plans, such as a link to a public Web site outlining the terms and
   conditions of such plans.

   (b) Public interest standard. Prior to designating an eligible
   telecommunications carrier pursuant to section 214(e)(6), the
   Commission determines that such designation is in the public interest.

   (c) A common carrier seeking designation as an eligible
   telecommunications carrier under section 214(e)(6) for any part of
   Tribal lands shall provide a copy of its petition to the affected
   tribal government and tribal regulatory authority, as applicable, at
   the time it files its petition with the Federal Communications
   Commission. In addition, the Commission shall send any public notice
   seeking comment on any petition for designation as an eligible
   telecommunications carrier on Tribal lands, at the time it is released,
   to the affected tribal government and tribal regulatory authority, as
   applicable, by the most expeditious means available.

   (d) A common carrier seeking designation as a Lifeline Broadband
   Provider eligible telecommunications carrier must meet the requirements
   of paragraph (a) of this section. The Commission shall process such
   petitions for designation as follows:

   (1) If the petitioning common carrier has offered broadband Internet
   access service to the public for at least two years before the date of
   the filing and serves at least 1,000 non-Lifeline customers with voice
   telephony and/or broadband Internet access service as of the date of
   the filing, the common carrier's petition for designation as a Lifeline
   Broadband Provider eligible telecommunications carrier shall be deemed
   granted within 60 days of the submission of a completed filing unless
   the Commission notifies the common carrier that the grant will not be
   automatically effective.

   (2) If the petitioning common carrier provides service on Tribal lands
   and is a facilities-based provider more than 50 percent owned by one or
   more federally recognized Tribal Nations or Tribal consortia and
   actually controlled by one or more federally recognized Tribal Nations
   or Tribal consortia, the common carrier's petition for designation as a
   Lifeline Broadband Provider eligible telecommunications carrier shall
   be deemed granted within 60 days of the submission of a completed
   filing unless the Commission notifies the common carrier that the grant
   will not be automatically effective.

   (3) If the petitioning common carrier does not qualify under paragraph
   (d)(1) or (2) of this section, the common carrier's petition for
   designation as a Lifeline Broadband Provider eligible
   telecommunications carrier shall be acted upon within six months of the
   submission of a completed filing.

   (e) A provider designated as a Lifeline Broadband Provider (LBP) may
   obtain designation as an LBP in additional service areas by submitting
   to the Commission a request identifying the service areas in which the
   LBP plans to offer Lifeline-supported service and a certification that
   there has been no material change to the information submitted in the
   petition for which the LBP received designation as an LBP. Such a
   request shall be deemed granted five business days after it is
   submitted to the Commission, unless the Commission notifies the
   applicant that the grant will not be automatically effective.

   [ 77 FR 12966 , Mar. 2, 2012, as amended at  81 FR 33089 , May 24, 2016]

   Effective Date Note: At  81 FR 33089 , May 24, 2016, § 54.202(a)(6), (d),
   and (e) were added. These paragraphs contain information collection and
   recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.

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