Section 69-09-05-12 - Eligible telecommunications carrier applications and advertising1. A telecommunications company that desires designation as an eligible telecommunications carrier as that term is defined in the Telecommunications Act of 1996 shall make application for such designation with the commission. 2. An application for designation as an eligible telecommunications carrier must specifically identify: a. The proposed designated service area. Applicants that will not be classified as the incumbent local exchange carrier shall identify the incumbent local exchange carrier study areas that are located, in whole or in part, in the proposed designated service area; b. How the applicant meets the requirements for designation as an eligible telecommunications carrier; c. Whether the applicant requires a waiver of any eligible telecommunications carrier requirement; and d. If a waiver is required, the specific reasons for the waiver and the length of time for which the waiver is required. 3. An applicant for designation as an eligible telecommunications carrier shall: a. 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: (1) Provide service on a timely basis to requesting customers within the applicant's proposed designated service area where the applicant's network already passes the potential customer's premises; and (2) Provide service within a reasonable period of time, if the potential customer is within the applicant's proposed designated 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. b. Submit a report estimating the amount of federal high-cost universal service support the applicant expects to receive in the first year following designation as an eligible telecommunications carrier and describing how that support is projected to be used for the provision, maintenance, or upgrading of the carrier's facilities and services pursuant to section 254 of the Telecommunications Act of 1996. The report must identify specific construction, maintenance, or upgrade projects; describe how service will be improved by each project; and provide the projected start date and completion date for each improvement, the estimated amount of investment for each of the specific geographic area where each improvement will be made, and the estimated population that will be served by each improvement. For applicants that will be classified as the incumbent local exchange carrier, the information required shall be submitted at the study area level. For other applicants, the information shall be submitted at the incumbent local exchange carrier study area level. If a study area or designated service area includes geographic areas in more than one state, the information shall also be submitted at the North Dakota level. c. Certify that it is able to remain functional in emergency situations, including a certification that it has a reasonable amount of backup 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. d. Certify that it will satisfy applicable consumer protection and service quality standards. A commitment by wireless applicants to comply with the cellular telecommunications and internet association's consumer code for wireless service will satisfy this requirement. Other commitments will be considered on a case-by-case basis. e. Demonstrate that it offers a local usage plan comparable to the one offered by the incumbent LEC in the proposed designated service area. f. Certify that the carrier acknowledges that the 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 proposed designated service area. Wireless carriers must certify that the carrier acknowledges that the federal communications commission may require it to provide equal access to long-distance carriers in the event no other eligible telecommunications carrier is providing equal access within the proposed designated service area. 4. Any common carrier that has been designated as an eligible telecommunications carrier or that has submitted its application for designation before July 1, 2007, must submit the information required by subsection 3 no later than August 1, 2007, as part of its annual reporting requirements. 5. Prior to designating an eligible telecommunications carrier, the commission shall determine that such designation is in the public interest. In doing so, the commission shall consider the benefits of increased consumer choice and the unique advantages and disadvantages of the applicant's service offering. When an eligible telecommunications carrier applicant seeks designation below the study area level of a rural telephone company, the commission shall also conduct an analysis that compares the population density of each wire center in which the eligible telecommunications carrier applicant seeks designation against that of the wire centers in the study area in which the eligible telecommunications carrier applicant does not seek designation. In its analysis, the commission shall consider other factors, such as disaggregation of support by the incumbent local exchange carrier. 6. Eligible telecommunications carrier advertising. The following forms of advertising of the availability of universal service are required of an eligible telecommunications carrier: a. A full description of available services in the eligible telecommunications carrier's official telephone directory, including the process to be used by customers to qualify for lifeline and link-up service. b. Advertising of the availability of universal services in media of general circulation in each eligible telecommunications carrier's designated service areas. Availability may be advertised in newspapers, company newsletters, company or civic internet sites, bill stuffers, direct mailings, or other means intended to convey availability throughout the service area. N.D. Admin Code 69-09-05-12
Effective January 1, 2001; amended effective July 1, 2007.General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.7, 49-21-07