Section 407-206-3 - CONTENTS OF PETITION BY APPLICANTA petition from an Applicant that is not an ILEC for designation as an ETC must contain the following information:
A.Service Area1. A description of the area or areas for which designation is sought; and2. A statement that the Applicant will offer the services supported by high cost federal universal service support mechanisms throughout the area for which it seeks designation, either using its own facilities or a combination of its own facilities and resale of another carrier's services (including the services offered by another ETC)B.Timeframes for Provision of Supported Service A statement that the Applicant will:
1. Provide service on a timely basis to requesting customers within the Applicant's service area where the Applicant's network already passes the potential customer's premises; and2. Provide service within a reasonable period of time, if the potential customer is within the Applicant's service area but outside its existing network coverage, if service can be provided at reasonable cost by:i. Modifying or replacing the requesting customer's equipment;ii. Deploying a roof-mounted antenna or other equipment;iii. Adjusting the nearest cell tower;iv. Adjusting network or customer facilities;v. Reselling services from another carrier's facilities to provide service; orvi. Employing, leasing or constructing an additional cell site, cell extender, repeater, or other similar equipment.C.Benefit to Consumers and Investment PlanA substantive plan of the investments to be made with initial federal support during the first five years in which support is received and a substantive description of how those expenditures will benefit customers.
1. The plan shall describe with specificity, for the first two years, the proposed improvements or upgrades to the Applicant's network throughout its proposed designated service area, and shall demonstrate how signal quality, coverage or capacity will improve due to the receipt of high-cost support; the projected start date and completion date for each improvement and the estimated amount of investment for each project that is funded by high-cost support; the specific geographic areas where the improvements will be made; and the estimated population that will be served as a result of the improvements.2. If the Applicant seeks confidential protection from public release for any components of its plan submitted pursuant to subsection 3(C)(1), the Applicant shall clearly mark such information as confidential on all paper and electronic copies and shall file a petition seeking such protection. A petition for confidential protection shall include a redacted copy of the filing for which protection is sought and any additional information and legal argument demonstrating that the information should be treated as confidential pursuant to the standards of 35-A M.R.S. section1311-A or section 1311-B. Upon a finding that the information is confidential, the Commission shall issue a protective order pursuant to the terms of section 1311-A and/or section 1311-B. 3. The plan shall include, for the last three years of the five-year planning period, as complete a description of the Applicant's anticipated build out and network improvement plan and strategy as currently exists for corporate planning purposes.D.Service Area MapsFor wireless Applicants:
1. a map of the State of Maine in shp format, showing existing and planned locations of cell sites and shading to indicate where the carrier provides and plans to provide commercial mobile radio service signals, and with an indication of signal strength of each such cell site shown through shading or as a depiction of coverage at -95 dB and -85 dB in the manner specified in Chapter 101 of the Connect ME Authority's rules. If the Applicant seeks confidential protection from public release for any portion of the map submitted pursuant to this subsection, the Applicant shall clearly mark such information as confidential on all paper and electronic copies and shall file a petition seeking such protection. A petition for confidential protection shall include a redacted copy of the filing for which protection is sought and any additional information and legal argument demonstrating that the information should be treated as confidential pursuant to the standards of 35-A M.R.S. section1311-A or section 1311-B. Upon a finding that the information is confidential, the Commission shall issue a protective order pursuant to the terms of section 1311-A and/or section 1311-B; and2. a map or maps created pursuant to standards incorporated into the Cellular Telecommunications and Internet Association's (CTIA) Consumer Code for Wireless Service, showing the coverage in Maine provided to the Applicant's customers by the Applicant's own system and, to the extent practicable, the coverage provided to the Applicant's customers by its roaming partners. The Applicant shall use reasonable efforts to obtain from its roaming partners the information required for this subsection.E.EmergenciesInformation that demonstrates its ability to remain functional in an emergency 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. This information shall include a demonstration that the Applicant is able to comply with all specific back-up requirements that have been adopted by the FCC and the Commission at the time of the Applicant's submittal and a commitment to comply with such back-up requirements as the FCC or the Commission may adopt from time to time.
F.Consumer Protection1. For an Applicant that is not a wireless carrier, a certification that it will comply with the consumer standards set forth as applicable for ILECs in Chapter 290 of the Commission's rules2. For an Applicant that is a wireless carrier, a certification that it will comply with the Cellular Telecommunications and Internet Association's (CTIA) Consumer Code for Wireless Service G Local Usage Plan For an Applicant that is a wireless carrier, information demonstrating that it offers a local usage plan that is comparable to the one offered by the ILEC in the service areas for which designation as an ETC is sought. 1.Burden of Proof. The burden of establishing that the qualifying local usage plan is comparable to the one offered by the ILEC rests with the Applicant, and the Applicant must submit competent evidence of such comparability with its application for designation as an ETC.2.Safe Harbor. Notwithstanding subsection (1), above, an Applicant that is a wireless carrier shall be relieved of its obligation to demonstrate that it offers and advertises a qualifying local usage plan that is comparable to the one offered by the ILEC if it certifies that it offers and advertises a plan providing an unlimited number of minutes of calling in the carrier's calling area at a monthly cost of not more than $35.00. The safe harbor plan must allow customers to terminate their service at any time with no penalty or, if a termination fee is included, must provide the customer with a handset for a fee that does not exceed $35.H.Equal AccessA statement that the Applicant acknowledges that it may be required to provide equal access to long distance carriers in the event that no other ETC is providing equal access within the service area.
I.Additional InformationThe Commission may require an Applicant to provide additional information to show that it meets the requirements of this Chapter.
65- 407 C.M.R. ch. 206, § 3