§  54.1015   Public interest obligations and performance requirements for 5G
Fund support recipients.

   (a) General. A 5G Fund support recipient shall deploy voice and data
   services that meet at least the 5G-NR (New Radio) technology standards
   developed by the 3rd Generation Partnership Project with Release 15, or
   any successor release that may be adopted by the Office of Economics
   and Analytics and the Wireline Competition Bureau after notice and
   comment.

   (b) Interim and final service milestones and deadlines. A 5G Fund
   support recipient shall deploy 5G service as specified in paragraph (a)
   of this section as follows:

   (1) Year three interim service milestone deadline. A support recipient
   shall deploy service that meets the 5G Fund performance requirements as
   specified in paragraph (c) of this section to at least 40 percent of
   the total square kilometers associated with the eligible areas for
   which it is authorized to receive 5G Fund support in a state no later
   than December 31 of the third full calendar year following
   authorization of support.

   (2) Year four interim service milestone deadline. A support recipient
   shall deploy service that meets the 5G Fund performance requirements as
   specified in paragraph (c) of this section to at least 60 percent of
   the total square kilometers associated with the eligible areas for
   which it is authorized to receive 5G Fund support in a state no later
   than December 31 of the fourth full calendar year following
   authorization of support.

   (3) Year five interim service milestone deadline. A recipient shall
   deploy service that meets the 5G Fund performance requirements as
   specified in paragraph (c) of this section to at least 80 percent of
   the total square kilometers associated with the eligible areas for
   which it is authorized to receive 5G Fund support in a state no later
   than December 31 of the fifth full calendar year following
   authorization of support.

   (4) Year six final service milestone deadline. A support recipient
   shall deploy service that meets the 5G Fund performance requirements as
   specified in paragraph (c) of this section to at least 85 percent of
   the total square kilometers associated with the eligible areas for
   which it is authorized to receive 5G Fund support in a state no later
   than December 31 of the sixth full calendar year following funding
   authorization. In addition, a recipient shall deploy service meeting
   the 5G Fund performance requirements as specified in paragraph (c) of
   this section to at least 75 percent of the total square kilometers
   associated with every census tract or census block group for which it
   was authorized to receive 5G Fund support no later than December 31 of
   the sixth full calendar year following authorization of support.

   (5) Optional year two interim service milestone deadline. A support
   recipient may, at its option, deploy service that meets the 5G Fund
   performance requirements as specified in paragraph (c) of this section
   to at least 20 percent of the total square kilometers associated with
   the eligible areas for which it is authorized to receive 5G Fund
   support in a state no later than December 31 of the second full
   calendar year following funding authorization. Meeting this optional
   interim service milestone would permit the support recipient, after
   confirmation of the service deployment by the Administrator, to reduce
   its letter of credit so that it is valued at an amount equal to one
   year of support as described in § 54.1016(a)(1)(v).

   (c) Performance requirements. A recipient authorized to receive 5G Fund
   support shall meet the following minimum baseline performance
   requirements for data speeds, data latency, and data allowances in
   areas where it receives support:

   (1) Median of 35 Mbps download and 3 Mbps upload, and with at least 90
   percent of measurements recording data transmission rates of not less
   than 7 Mbps download and 1 Mbps upload; and

   (2) Transmission latency of 100 milliseconds or less round trip for
   successfully transmitted measurements (i.e., ignoring lost or timed-out
   packets), with at least 90 percent of measurements recording latency of
   100 milliseconds or less round trip.

   (3) At least one service plan offered must include a data allowance
   that is equivalent to the average United States subscriber data usage
   as specified by public notice.

   (d) Collocation obligations. During the 5G Fund support term, a
   recipient authorized to receive 5G Fund support shall allow for
   reasonable collocation by other carriers of services that would meet
   the technological requirements of the 5G Fund on all newly constructed
   cell-site infrastructure constructed with universal service funds that
   it owns or manages in the area(s) for which it receives 5G Fund
   support. In addition, during the 5G Fund support term, the recipient
   may not enter into facilities access arrangements that restrict any
   party to the arrangement from allowing others to collocate on the newly
   constructed cell-site infrastructure.

   (e) Voice and data roaming obligations. A recipient authorized to
   receive 5G Fund support shall comply with the Commission's voice and
   data roaming requirements that are currently in effect on networks that
   are built with 5G Fund support.

   (f) Reasonably comparable rates. A recipient authorized to receive 5G
   Fund support shall offer its services in the areas for which it is
   authorized to receive support at rates that are reasonably comparable
   to those rates offered in urban areas and must advertise the voice and
   broadband services it offers in its subsidized service areas. A 5G Fund
   support recipient's rates shall be considered reasonably comparable to
   urban rates, based upon the most recently available decennial U.S.
   Census Bureau data identifying areas as urban, if rates for services in
   rural areas fall within a reasonable range of urban rates for
   reasonably comparable voice and broadband services.

   (1) If the recipient offers service in urban areas, it may demonstrate
   that it offers reasonably comparable rates if it offers the same rates,
   terms, and conditions (including usage allowances, if any, for a
   specific rate) in both urban and rural areas or if one of the carrier's
   rural stand-alone voice service plans and one rural service plan
   offering data are substantially similar to plans it offers in urban
   areas.

   (2) If the recipient does not offer service in urban areas, it may
   demonstrate that it offers reasonably comparable rates by identifying a
   carrier that does offer service in urban areas and the specific rate
   plans to which its rural plans are reasonably comparable, along with
   submission of corroborating evidence that its rates are reasonably
   comparable, such as marketing materials from the identified carrier.

   (g) Liability for failure to comply with performance requirements and
   public interest obligations. A support recipient that fails to comply
   with the performance requirements set forth in paragraph (c) of this
   section is subject to the non-compliance measures set forth in
   § 54.1020. A support recipient that fails to comply with the public
   interest obligations or any other terms and conditions associated with
   receiving 5G Fund support may be subject to action, including the
   Commission's existing enforcement procedures and penalties, reductions
   in support amounts, revocation of eligible telecommunications carrier
   designation, and suspension or debarment pursuant to § 54.8.