47 C.F.R. § 54.319

Current through October 31, 2024
Section 54.319 - Elimination of high-cost support in areas with 100 percent coverage by an unsubsidized competitor
(a)-(c) [Reserved]
(d) High-cost universal service support pursuant to subpart K of this part shall be eliminated for those census blocks of an incumbent rate-of-return local exchange carrier study area where an unsubsidized competitor, or combination of unsubsidized competitors, as defined in § 54.5 , offer(s) voice and broadband service meeting the public interest obligations in § 54.308(a)(2) to at least 85 percent of residential locations in the census block. Qualifying competitors must be able to port telephone numbers from consumers.
(e) After a determination that a particular census block is served by a competitor as defined in paragraph (d) of this section, support provided pursuant to subpart K of this part shall be disaggregated pursuant to a method elected by the incumbent local exchange carrier. The sum of support that is disaggregated for competitive and non-competitive areas shall equal the total support available to the study area without disaggregation.
(f) For any incumbent local exchange carrier for which the disaggregated support for competitive census blocks represents less than 25 percent of the support the carrier would have received in the study area in the absence of this rule, support provided pursuant to subpart K of this part shall be reduced according to the following schedule:
(1) In the first year, 66 percent of the incumbent's disaggregated support for the competitive census block will be provided;
(2) In the second year, 33 percent of the incumbent's disaggregated support for the competitive census blocks will be provided;
(3) In the third year and thereafter, no support shall be provided pursuant to subpart K of this part for any competitive census block.
(g) For any incumbent local exchange carrier for which the disaggregated support for competitive census blocks represents 25 percent or more of the support the carrier would have received in the study area in the absence of this rule, support shall be reduced for each competitive census block according to the following schedule:
(1) In the first year, 83 percent of the incumbent's disaggregated support for the competitive census blocks will be provided;
(2) In the second year, 66 percent of the incumbent's disaggregated support for the competitive census blocks will be provided;
(3) In the third year, 49 percent of the incumbent's disaggregated support for the competitive census blocks will be provided;
(4) In the fourth year, 32 percent of the incumbent's disaggregated support the competitive census block will be provided;
(5) In the fifth year, 15 percent of the incumbent's disaggregated support the competitive census blocks will be provided;
(6) In the sixth year and thereafter, no support shall be paid provided pursuant to subpart K of this part for any competitive census block.
(h) The Wireline Competition Bureau shall update its analysis of competitive overlap in census blocks every seven years, utilizing the current public interest obligations in § 54.308(a)(2) as the standard that must be met by an unsubsidized competitor.

47 C.F.R. §54.319

80 FR 4478 , Jan. 27, 2015, as amended at 81 FR 24342 , Apr. 25, 2016; 82 FR 14340 , Mar. 20, 2017; 83 FR 14189 , Apr. 3, 2018; 84 FR 4732 , Feb. 19, 2019
As amended at 81 FR 24342 , 4/25/2016; 82 FR 14340 , 3/20/2017; 83 FR 14189 , 5/3/2018; 84 FR 4732 , 3/21/2019

EFFECTIVE DATE NOTE: At 81 FR 24342, Apr. 25, 2016, §54.319(e) was added. However, this paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.