Goto Section: 54.1504 | 54.1506 | Table of Contents
Revised as of January 17, 2020
Goto Year:2019 |
§ 54.1505 Stage 2 fixed support application process.
(a) Provider eligibility. A provider shall be eligible to submit an
application for support from Stage 2 of the fixed Uniendo a Puerto Rico
Fund or of the fixed Connect USVI Fund if it had its own fixed network
and provided broadband service in Puerto Rico or the U.S. Virgin
Islands, respectively, according to its June 2018 FCC Form 477 data. A
provider must obtain eligible telecommunications carrier designation no
later than sixty (60) days after public notice of selection to receive
fixed support. Any entity that is awarded support but fails to obtain
ETC designation within sixty (60) days shall be considered in default
and will not be eligible to receive high-cost funding.
(b) Application processing. No application will be considered unless it
has been submitted in an acceptable form during the period specified by
public notice. No applications submitted or demonstrations made at any
other time shall be accepted or considered.
(c) Application format. All applications must be substantially in the
format as specified and announced by the Wireline Competition Bureau.
(1) Any application that, as of the submission deadline, either does
not identify the applicant seeking support as specified in the public
notice announcing application procedures or does not include required
certifications shall be denied.
(2) An applicant may be afforded an opportunity to make minor
modifications to amend its application or correct defects noted by the
applicant, the Commission, the Administrator, or other parties. Minor
modifications include correcting typographical errors in the
application and supplying non-material information that was
inadvertently omitted or was not available at the time the application
(3) Applications to which major modifications are made after the
deadline for submitting proposals shall be denied. Major modifications
may include, but are not limited to, any changes in the ownership of
the applicant that constitute an assignment or change of control, or
the identity of the applicant, or the certifications required in the
(d) Application contents. In addition to providing information required
by the Wireline Competition Bureau, any applicant for support from
Stage 2 of the fixed Uniendo a Puerto Rico Fund or of the fixed Connect
USVI Fund shall:
(1) Include ownership information as set forth in § 1.2112(a) of this
(2) Submit a detailed network plan and documents evidencing adequate
financing for the project;
(3) Disclose its status as an eligible telecommunications carrier to
the extent applicable and certify that it acknowledges that it must be
designated as an eligible telecommunications carrier for the area in
which it will receive support prior to being authorized to receive
(4) Describe the technology or technologies that will be used to
provide service for each application; and
(5) To the extent that an applicant plans to use spectrum to offer its
voice and broadband services, demonstrate it has the proper
authorizations, if applicable, and access to operate on the spectrum it
intends to use, and that the spectrum resources will be sufficient to
cover peak network usage and deliver the minimum performance
requirements to serve all of the fixed locations in eligible areas, and
certify that it will retain its access to the spectrum for the term of
(6) Provide a letter from a bank meeting the eligibility requirements
outlined in § 54.1508 committing to issue an irrevocable stand-by letter
of credit, in the required form, to the winning applicant. The letter
shall at a minimum provide the dollar amount of the letter of credit
and the issuing bank's agreement to follow the terms and conditions of
the Commission's model letter of credit.
(e) Identification of winning applicant. After receipt and review of
the proposals, a public notice shall identify each winning applicant
that may be authorized to receive support from Stage 2 of the fixed
Uniendo a Puerto Rico Fund and the fixed Connect USVI Fund support
after the winning applicant submits a letter of credit and an
accompanying opinion letter, as described in this section, in a form
acceptable to the Commission. Each such winning applicant shall submit
a letter of credit and accompanying opinion letter in a form acceptable
to the Commission no later than the number of days provided by public
(f) Authorization to receive support. After receipt of all necessary
information, a public notice will identify each winning applicant that
is authorized to receive Uniendo a Puerto Rico Fund and the Connect
USVI Fund Stage 2 fixed support.
Effective Date Note: At 84 FR 59963 , Nov. 7, 2019, § 54.1505 was added.
This section contains information collection and recordkeeping
requirements and will not become effective until approval has been
given by the Office of Management and Budget.
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Goto Section: 54.1504 | 54.1506
Goto Year: 2019 |
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