291 Neb. Admin. Code, ch. 5, § 009

Current through June 17, 2024

Section 291-5-009 - ELIGIBLE TELECOMMUNICATIONS CARRIER

009.01 An eligible telecommunications carrier that receives federal universal service support shall use that support only for the provision, maintenance, and upgrading of facilities and services for which the support is intended.

009.02 Requirements for Commission designation of eligible telecommunications carriers

009.02A In order to be designated an eligible telecommunications carrier, any common carrier in its application must

009.02A1 Demonstrate that such designation is consistent with the public interest, convenience, and necessity, and, in the case of an area served by a rural telephone company, demonstrate that public interest will be met by an additional designation;

009.02A2 Demonstrate that it will offer the services that are supported by federal universal service support mechanisms and section 254(c) of the Act, 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 eligible telecommunications carrier);

009.02A3 Demonstrate that it will advertise the availability of such services and the charges therefore using media of general distribution;

009.02A4 Demonstrate that it is capable of providing and will continuously provide the services designated for support as defined in 47 C.F.R. Section 54.101;

009.02A5 Commit to provide service throughout its proposed designated service area to all customers making a reasonable request for service. Each applicant shall certify that it will:

009.02A5a 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; and

009.02A5b Provide service within a reasonable period of time, if the potential customer is within the applicant's licensed service area but outside its existing network coverage, if service can be provided at reasonable cost by (a) modifying or replacing the requesting customer's equipment; (b) deploying a roof-mounted antenna or other equipment; (c) adjusting the nearest cell tower; (d) adjusting network or customer facilities; (e) reselling services from another carrier's facilities to provide service; or (f) employing, leasing or constructing an additional cell site, cell extender, repeater, or other similar equipment;

009.02A6 A carrier seeking high cost support shall submit a five-year plan that describes with specificity proposed improvements or upgrades to the applicant's network on a wire center-by-wire center basis throughout its proposed designated service area. Each applicant 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. If an applicant believes that service improvements in a particular wire center are not needed, it must explain its basis for this determination and demonstrate how funding will otherwise be used to further the provision of supported services in that area;

009.02A7 A carrier seeking high cost support shall 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;

009.02A8 A carrier seeking high cost support shall demonstrate that it will satisfy applicable consumer protection and service quality standards;

009.02A9 A carrier seeking high cost support shall demonstrate that it offers a local usage plan comparable to the one offered by the incumbent LEC in the service areas for which it seeks designation; and

009.02A10 A carrier seeking high cost support shall certify that the applicant acknowledges that the Federal Communications Commission may require it to provide equal access to long distance carriers in the event that no other eligible telecommunications carrier is providing equal access within the service area.

009.02BPublic Interest Standard: In addition to the information described above, in the case of an applicant seeking designation in an area served by a rural telephone company, the Commission will consider the benefits of increased consumer choice, and the unique advantages and disadvantages of the applicant's service offering.

009.02CStudy Area Level: In instances where an eligible telecommunications carrier applicant seeks designation below the study area level of a rural telephone company, the Commission shall also conduct a cream skimming analysis.

009.03 Any common carrier that has been designated by this Commission as an eligible telecommunications carrier must submit the information required by paragraph 009.02A6 and 009.02A7 of this section no later than October 1, 2006.

009.04Annual Reporting Requirements for Designated Eligible Telecommunications Carriers:

009.04A A common carrier designated as an eligible telecommunications carrier for high cost support shall provide

009.04A1 A progress report on its five-year service quality improvement plan, including maps detailing its progress towards meeting its plan targets, an explanation of how much universal service support was received and how it was used to improve signal quality, coverage, or capacity, and an explanation regarding any network improvement targets that have not been fulfilled. The information shall be submitted at the wire center level;

009.04A2 Detailed information on any outage as the term is defined by these rules, of at least 30 minutes in duration for each service area in which an eligible telecommunications carrier is designated for any facilities it owns, operates, leases, or otherwise utilizes that potentially affect (a) at least ten percent of the end users served in a designated service area; or (b) a 911 special facility, as defined in 47 C.F.R. § 4.5(e). Specifically, the eligible telecommunications carrier's annual report must include information detailing:

(a) the date and time of onset of the outage;

(b) a brief description of the outage and its resolution;

(c) the particular services affected;

(d) the geographic areas affected by the outage;

(e) steps taken to prevent a similar situation in the future; and

(f) the number of customers affected;

009.04A3 The number of requests for service from potential customers within the eligible telecommunications carrier's service areas that were unfulfilled during the past year. The carrier shall also detail how it attempted to provide service to those potential customers;

009.04A4 The number of complaints per 1,000 handsets or lines;

009.04A5 A certification that it is complying with applicable service quality standards and consumer protection rules;

009.04A6 A certification that the carrier is able to function in emergency situations as set forth in § 54.201(a)(2) and any applicable Commission rules;

009.04A7 A certification that the carrier is offering a local usage plan comparable to that offered by the incumbent LEC in the relevant service areas; and

009.04A8 A certification that the carrier acknowledges that the Federal Communications Commission may require it to provide equal access to long distance carriers in the event that no other eligible telecommunications carrier is providing equal access within the service area.

009.04BFiling Deadlines: In order for a common carrier designated as an eligible telecommunications carrier to continue to receive support for the following calendar year, or retain its eligible telecommunications carrier designation, it must make an election by April 30, 2006 or during the first year it receives an eligible telecommunications carrier designation, to submit the annual reporting information in this section either on April 30 or October 1 of each year. An eligible telecommunications carrier electing to file on April 30 shall submit its reporting information on April 30, 2006 and thereafter annually by April 30 of each year. An eligible telecommunications carrier electing to file its report with the Commission on October 1 shall submit its reporting information on October 1, 2006 and thereafter annually by October 1 of each year. Commission approval is required if a carrier requests to change its reporting deadline.

291 Neb. Admin. Code, ch. 5, § 009