Goto Section: 1.7000 | 1.7002 | Table of Contents
Revised as of January 16, 2020
Goto Year:2019 |
§ 1.7001 Scope and content of filed reports.
(a) Definitions. Terms used in this subpart have the following
(1) Broadband connection. A wired line, wireless channel, or satellite
service that terminates at an end user location or mobile device and
enables the end user to receive information from and/or send
information to the internet at information transfer rates exceeding 200
kilobits per second (kbps) in at least one direction.
(2) Facilities-based provider. An entity is a facilities-based provider
of a service if it supplies such service using facilities that satisfy
any of the following criteria:
(i) Physical facilities that the entity owns and that terminate at the
(ii) Facilities that the entity has obtained the right to use from
other entities, such as dark fiber or satellite transponder capacity as
part of its own network, or has obtained;
(iii) Unbundled network element (UNE) loops, special access lines, or
other leased facilities that the entity uses to complete terminations
to the end-user premises;
(iv) Wireless spectrum for which the entity holds a license or that the
entity manages or has obtained the right to use via a spectrum leasing
arrangement or comparable arrangement pursuant to subpart X of this
Part (§ § 1.9001-1.9080); or
(v) Unlicensed spectrum.
(3) End user. A residential, business, institutional, or government
entity that subscribes to a service, uses that service for its own
purposes, and does not resell that service to other entities.
(4) Local telephone service. Telephone exchange or exchange access
service (as defined in 47 U.S.C. 153(20 and (54)) provided by a common
carrier or its affiliate (as defined in 47 U.S.C. 153(2)).
(5) Mobile telephony service. Mobile telephony (as defined in § 20.15 of
this chapter) provided to end users by a commercial mobile radio
service (CMRS) provider.
(b) The following entities 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:
(1) Facilities-based providers of broadband service;
(2) Providers of local telephone service;
(3) Facilities-based providers of mobile telephony service; and
(4) Providers of Interconnected Voice over internet Protocol (VoIP)
service (as defined in § 9.3 of this chapter) to end users.
(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
is information that should not be routinely available for public
inspection pursuant to section 0.457 of this chapter, in addition to
other information that should not be routinely available for public
inspection pursuant to § 0.457.
(2)(i) Respondents may request that provider-specific subscription
information in FCC Form 477 filings be treated as confidential and be
withheld from public inspection by so indicating on Form 477 at the
time that they submit such data.
(ii) The Commission will release the following information in FCC Form
477 filings to the public, and respondents may not request confidential
treatment of such information:
(A) Provider-specific mobile deployment data;
(B) Data regarding minimum advertised or expected speed for mobile
broadband services; and
(C) Location information that is necessary to permit accurate broadband
mapping, including crowdsourcing or challenge processes.
(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 Chiefs of the
International Bureau, Wireless Telecommunications Bureau, Wireline
Competition Bureau, or Office of Economics and Analytics 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; 84 FR 43723 , Aug. 22, 2019; 85 FR 838 , Jan.
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Goto Section: 1.7000 | 1.7002
Goto Year: 2019 |
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