Goto Section: 1.7000 | 1.7002 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 1.7001 Scope and content of filed reports.
(a) Definitions. Terms used in this subpart have the following
(1) Facilities-based providers. Those entities that provide broadband
services over their own facilities or over Unbundled Network Elements
(UNEs), special access lines, and other leased lines and wireless
channels that the entity obtains from a communications service provider
and equips as broadband.
(2) One-way broadband lines or wireless channels. Lines or wireless
channels with information carrying capability in excess of 200 kilobits
per second in at least one direction, but not both.
(3) Own facilities. Lines and wireless channels the entity actually
owns and facilities that it obtained the right to use from other
entities as dark fiber or satellite transponder capacity.
(b) All commercial and government-controlled entities, including but
not limited to common carriers and their affiliates (as defined in 47
U.S.C. 153 (1)), cable television companies, terrestrial fixed wireless
providers, terrestrial mobile wireless providers, satellite providers,
utilities, and others, that are facilities-based providers shall file
with the Commission a completed FCC Form 477, in accordance with the
Commission's rules and the instructions to the FCC Form 477.
(c) Respondents identified in paragraph (b) of this section shall
include in each report a certification signed by an appropriate
official of the respondent (as specified in the instructions to FCC
Form 477) and shall report the title of their certifying official.
(d) Disclosure of data contained in FCC Form 477 will be addressed as
(1) Emergency operations contact information contained in FCC Form 477
are information that should not be routinely available for public
inspection pursuant to § 0.457 of this chapter.
(2) Respondents may make requests for Commission non-disclosure of the
following data contained in FCC Form 477 under § 0.459 of this chapter
by so indicating on Form 477 at the time that the subject data are
(i) Provider-specific subscription data and
(ii) Provider-specific mobile deployment data that includes specific
spectrum and speed parameters that may be used by providers for
internal network planning purposes.
(3) Respondents seeking confidential treatment of any other data
contained in FCC Form 477 must submit a request that the data be
treated as confidential with the submission of their Form 477 filing,
along with their reasons for withholding the information from the
public, pursuant to § 0.459 of this chapter.
(4) The Commission shall make all decisions regarding non-disclosure of
provider-specific information, except that the Chief of the Wireline
Competition Bureau may release provider-specific information to:
(i) A state commission provided that the state commission has
protections in place that would preclude disclosure of any confidential
(ii) "Eligible entities," as those entities are defined in the
Broadband Data Improvement Act, in an aggregated format and pursuant to
confidentiality conditions prescribed by the Commission, and
(iii) Others, to the extent that access to such data can be
accomplished in a manner that addresses concerns about the competitive
sensitivity of the data and precludes public disclosure of any
(e) Respondents identified in paragraph (b) of this section shall file
a revised version of FCC Form 477 if and when they discover a
significant error in their filed FCC Form 477. For counts, a difference
amounting to 5 percent of the filed number is considered significant.
For percentages, a difference of 5 percentage points is considered
(f) Failure to file the FCC Form 477 in accordance with the
Commission's rules and the instructions to the Form 477 may lead to
enforcement action pursuant to the Act and any other applicable law.
[ 65 FR 19684 , Apr. 12, 2000; 65 FR 24654 , Apr. 27, 2000, as amended at
67 FR 13224 , Mar. 21, 2002; 69 FR 77938 , Dec. 29, 2004; 69 FR 72027 ,
Dec. 10, 2004; 73 FR 37881 , July 2, 2008; 78 FR 45470 , July 29, 2013;
78 FR 49148 , Aug. 13, 2013]
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Goto Section: 1.7000 | 1.7002
Goto Year: 2013 |
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