[Code of Federal Regulations] [Title 47, Volume 3] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR54.313] [Page 126-129] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 54_UNIVERSAL SERVICE--Table of Contents Subpart D_Universal Service Support for High Cost Areas Sec. 54.313 State certification of support for non-rural carriers. (a) Certification. States that desire non-rural incumbent local exchange carriers and/or eligible telecommunications carriers serving lines in the service area of a non-rural incumbent local exchange carrier within their jurisdiction to receive support pursuant to Sec. Sec. 54.309 and/or 54.311 must file an annual certification with the Administrator and the Commission stating that all federal high-cost support provided to such carriers within that [[Page 127]] State will be used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. Support provided pursuant to Sec. Sec. 54.309 and/or 54.311 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. A non-rural incumbent local exchange carrier not subject to the jurisdiction of a state or an eligible telecommunications carrier not subject to the jurisdiction of a state serving lines in the service area of a non-rural incumbent local exchange carrier that desires to receive support pursuant to Sec. Sec. 54.309 and/or 54.311 of this subpart must file an annual certification with the Administrator and the Commission stating that all federal high-cost support provided to such carriers will be used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. Support provided pursuant to Sec. Sec. 54.309 and/or 54.311 of this subpart shall only be provided to the extent that the carrier has filed the requisite certification pursuant to this section. (c) Certification format. 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 CC Docket No. 96-45, 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. 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 will only use support 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. Non-rural incumbent local exchange carriers not subject to the jurisdiction of a state or eligible telecommunications carrier not subject to the jurisdiction of a state serving lines in the service area of a non-rural incumbent local exchange carrier, shall file a sworn affidavit executed by a corporate officer attesting to the use of the support 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 CC Docket No. 96-45, 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 a non-rural incumbent local exchange carrier in a particular State, and/or an eligible telecommunications carrier serving lines in the service area of a non- rural incumbent local exchange carrier, to receive federal high-cost support, the State must file an annual certification, as described in paragraph (c) of this section, with both the Administrator and the Commission. Support shall be provided in accordance with the following schedule: (1) First program year (January 1, 2000-December 31, 2000). During the first program year (January 1, 2000-December 31, 2000), a carrier in a particular State shall receive support pursuant to Sec. 54.311. If a State files the certification described in this section during the first program year, carriers eligible for support pursuant to Sec. 54.309 shall receive such support pursuant to the following schedule: (i) Certifications filed on or before April 1, 2000. Carriers subject to certifications that apply to the first and second quarters of 2000, and are filed on or before April 1, 2000, shall receive support pursuant to Sec. 54.309 for the first and third quarters of 2000 in the third quarter of 2000, and support for the second and fourth quarters of 2000 in the fourth quarter of 2000. Such support shall be net of any support provided pursuant to section 54.311 for the first or second quarters of 2000. [[Page 128]] (ii) Certifications filed on or before July 1, 2000. Carriers subject to certifications filed on or before July 1, 2000, shall receive support pursuant to Sec. 54.309 for the fourth quarter of 2000 in the fourth quarter of 2000. (iii) Certifications filed after July 1, 2000. Carriers subject to certifications filed after July 1, 2000, shall not receive support pursuant to Sec. 54.309 in 2000. (2) Second program year (January 1, 2001-December 31, 2001). During the second program year (January 1, 2001-December 31, 2001), a carrier in a particular State shall not receive support pursuant to Sec. Sec. 54.309 or 54.311 until such time as the State files the certification described in this section. Upon the filing of the certification described in this section, support shall be provided pursuant to the following schedule: (i) Certifications filed on or before October 1, 2000. Carriers subject to certifications filed on or before October 1, 2000 shall receive support pursuant to Sec. Sec. 54.309 or 54.311, whichever is applicable, in the first, second, third, and fourth quarters of 2001. (ii) Certifications filed on or before January 1, 2001. Carriers subject to certifications filed on or before January 1, 2001 shall receive support pursuant to Sec. Sec. 54.309 or 54.311, whichever is applicable, in the second, third, and fourth quarters of 2001. Such carriers shall not receive support pursuant to Sec. Sec. 54.309 or 54.311, whichever is applicable, in the first quarter of 2001. (iii) Certifications filed on or before April 1, 2001. Carriers subject to certifications filed on or before April 1, 2001 shall receive support pursuant to Sec. Sec. 54.309 or 54.311, whichever is applicable, in the third and fourth quarters of 2001. Such carriers shall not receive support pursuant to Sec. Sec. 54.309 or 54.311, whichever is applicable, in the first or second quarters of 2001. (iv) Certifications filed on or before July 1, 2001. Carriers subject to certifications filed on or before July 1, 2001 shall receive support pursuant to Sec. Sec. 54.309 or 54.311, whichever is applicable, in the fourth quarter of 2001. Such carriers shall not receive support pursuant to Sec. Sec. 54.309 or 54.311, whichever is applicable, in the first, second, or third quarters of 2001. (v) Certifications filed after July 1, 2001. Carriers subject to certifications filed after July 1, 2001 shall not receive support pursuant to Sec. Sec. 54.309 or 54.311, whichever is applicable, in 2001. (3) Subsequent program years (January 1-December 31). During the program years subsequent to the second program year (January 1, 2001- December 31, 2001), a carrier in a particular State shall not receive support pursuant to Sec. 54.309 or Sec. 54.311 until such time as the State files the certification described in this section. Upon the filing of the certification described in this section, support shall be provided pursuant to the following schedule: (i) Certifications filed on or before October 1. Carriers subject to certifications filed on or before October 1 shall receive support pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the first, second, third, and fourth quarters of the succeeding year. (ii) Certifications filed on or before January 1. Carriers subject to certifications filed on or before January 1 shall receive support pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the second, third, and fourth quarters of that year. Such carriers shall not receive support pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the first quarter of that year. (iii) Certifications filed on or before April 1. Carriers subject to certifications filed on or before April 1 shall receive support pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the third and fourth quarters of that year. Such carriers shall not receive support pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the first or second quarters of that year. (iv) Certifications filed on or before July 1. Carriers subject to certifications filed on or before July 1 shall receive support pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, beginning in the fourth quarter of that year. Such carriers shall not receive support pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, in the first, second, or third quarters of that year. (v) Certifications filed after July 1. Carriers subject to certifications filed after July 1 shall not receive support [[Page 129]] pursuant to Sec. 54.309 or Sec. 54.311, whichever is applicable, in that year. [64 FR 67432, Dec. 1, 1999, as amended at 64 FR 73428, Dec. 30, 1999; 66 FR 30088, June 5, 2001; 67 FR 13094, Mar. 21, 2002]