§ 54.316   Broadband deployment reporting and certification requirements for
high-cost recipients.

   (a) Broadband deployment reporting. Rate-of Return ETCs, ETCs that
   elect to receive Connect America Phase II model-based support, and ETCs
   awarded support to serve fixed locations through a competitive bidding
   process shall have the following broadband reporting obligations:

   (1) Recipients of high-cost support with defined broadband deployment
   obligations pursuant to § 54.308(a), 54.308(c), or § 54.310(c) shall
   provide to the Administrator on a recurring basis information regarding
   the locations to which the eligible telecommunications carrier is
   offering broadband service in satisfaction of its public interest
   obligations, as defined in either § 54.308 or § 54.309.

   (2) Recipients subject to the requirements of § 54.308(a)(1) shall
   report the number of locations for each state and locational
   information, including geocodes, separately indicating whether they are
   offering service providing speeds of at least 4 Mbps downstream/1 Mbps
   upstream, 10 Mbps downstream/1 Mbps upstream, and 25 Mbps downstream/3
   Mbps upstream.

   (3) Recipients subject to the requirements of § 54.308(a)(2) shall
   report the number of newly served locations for each study area and
   locational information, including geocodes, separately indicating
   whether they are offering service providing speeds of at least 4 Mbps
   downstream/1 Mbps upstream, 10 Mbps downstream/1 Mbps upstream, and 25
   Mbps downstream/3 Mbps upstream.

   (4) Recipients subject to the requirements of § 54.310(c) shall report
   the number of locations for each state and locational information,
   including geocodes, where they are offering service at the requisite
   speeds. Recipients of Phase II Auction support and Remote Areas Fund
   support shall also report the technology they use to serve those
   locations.

   (5) Recipients subject to the requirements of § 54.308(c) shall report
   the number of newly deployed and upgraded locations and locational
   information, including geocodes, where they are offering service
   providing speeds they committed to in their adopted performance plans
   pursuant to § 54.306(b).

   (6) Recipients subject to the requirements of § 54.308(c) or § 54.317(e)
   shall submit fiber network maps or microwave network maps covering
   eligible areas. At the end of any calendar year for which middle-mile
   facilities were deployed, these recipients shall also submit updated
   maps showing middle-mile facilities that are or will be used to support
   their services in eligible areas.

   (b) Broadband deployment certifications. Rate-of Return ETCs, ETCs that
   elect to receive Connect America Phase II model-based support, and ETCs
   awarded support through a competitive bidding process shall have the
   following broadband deployment certification obligations:

   (1) Price cap carriers that elect to receive Connect America Phase II
   model-based support shall provide: No later than March 1, 2017, and
   every year thereafter ending on no later than March 1, 2021, a
   certification that by the end of the prior calendar year, it was
   offering broadband meeting the requisite public interest obligations
   specified in § 54.309 to the required percentage of its supported
   locations in each state as set forth in § 54.310(c).

   (2) Rate-of-return carriers electing CAF-ACAM support pursuant to
   § 54.311 shall provide:

   (i) No later than March 1, 2021, and every year thereafter ending on no
   later than March 1, 2027, a certification that by the end of the prior
   calendar year, it was offering broadband meeting the requisite public
   interest obligations specified in § 54.308 to the required percentage of
   its fully funded locations in the state, pursuant to the interim
   deployment milestones set forth in § 54.311(d).

   (ii) No later than March 1, 2027, a certification that as of December
   31, 2026, it was offering broadband meeting the requisite public
   interest obligations specified in § 54.308 to all of its fully funded
   locations in the state and to the required percentage of its capped
   locations in the state.

   (3) Rate-of-return carriers receiving support pursuant to subparts K
   and M of this part shall provide:

   (i) No later than March 1, 2022, a certification that it fulfilled the
   deployment obligation meeting the requisite public interest obligations
   as specified in § 54.308(a)(2) to the required number of locations as of
   December 31, 2021.

   (ii) Every subsequent five-year period thereafter, a certification that
   it fulfilled the deployment obligation meeting the requisite public
   interest obligations as specified in § 54.308(a)(4).

   (4) Recipients of Connect America Phase II auction support shall
   provide: By the last business day of the second calendar month
   following each service milestone in § 54.310(c), a certification that by
   the end of the prior support year, it was offering broadband meeting
   the requisite public interest obligations specific in § 54.309 to the
   required percentage of its supported locations in each state as set
   forth in § 54.310(c).

   (5) Recipients of Remote Areas Fund support shall provide: By the last
   business day of the second calendar month following each service
   milestone specified by the Commission, a certification that by the end
   of the prior support year, it was offering broadband meeting the
   requisite public interest obligations to the required percentage of its
   supported locations in each state.

   (6) A rate-of-return carrier authorized to receive Alaska Plan support
   pursuant to § 54.306 shall provide:

   (i) No later than March 1, 2022 a certification that it fulfilled the
   deployment obligations and is offering service meeting the requisite
   public interest obligations as specified in § 54.308(c) to the required
   number of locations as of December 31, 2021.

   (ii) No later than March 1, 2027 a certification that it fulfilled the
   deployment obligations and is offering service meeting the requisite
   public interest obligations as specified in § 54.308(c) to the required
   number of locations as of December 31, 2026.

   (c) Filing deadlines. In order for a recipient of high-cost support to
   continue to receive support for the following calendar year, or retain
   its eligible telecommunications carrier designations, it must submit
   the annual reporting information as set forth below.

   (1) Price cap carriers that accepted Phase II model-based support and
   rate-of-return carriers must submit the annual reporting information
   required by March 1 as described in paragraphs (a) and (b) of this
   section. Eligible telecommunications carriers that file their reports
   after the March 1 deadline shall receive a reduction in support
   pursuant to the following schedule:

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

   (ii) An eligible telecommunications carrier that files on or after
   March 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;

   (iii) Grace period. An eligible telecommunications carrier that submits
   the annual reporting information required by this section after March 1
   but before March 5 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) in
   their report due July 1 of the prior year have not missed the March 1
   deadline in any prior year.

   (2) Recipients of support to serve fixed locations awarded through a
   competitive bidding process must submit the annual reporting
   information required by the last business day of the second calendar
   month following the relevant support years as described in paragraphs
   (a) and (b) of this section. Eligible telecommunications carriers that
   file their reports after the deadline shall receive a reduction in
   support pursuant to the following schedule:

   (i) An eligible telecommunications carrier that files after the
   deadline, but within seven days of the deadline, will have its support
   reduced in an amount equivalent to seven days in support;

   (ii) An eligible telecommunications carrier that filed on or after the
   eighth day following the deadline will have its support reduced on a
   pro-rata daily basis equivalent to the period of non-compliance, plus
   the minimum seven-day reduction;

   (iii) Grace period. An eligible telecommunications carrier that submits
   the annual reporting information required by this section within three
   days of the deadline 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) in
   their report due July 1 of the prior year have not missed the deadline
   in any prior year.

   [ 81 FR 24341 , Apr. 25, 2016, as amended at  81 FR 44451 , July 7, 2016;
    81 FR 69713 , Oct. 7, 2016;  82 FR 14340 , Mar. 20, 2017]

   Effective Date Notes: 1. At  81 FR 24341 , Apr. 25. 2016, § 54.316 was
   added. This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

   2. At  81 FR 44451 , July 7, 2016, § 54.316(a)(4) and (c)(2) were revised
   and (b)(4) and (5) 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.

   return arrow Back to Top