Goto Section: 54.101 | 54.202 | Table of Contents
Revised as of September 24, 2020
Goto Year:2020 |
§ 54.201 Definition of eligible telecommunications carriers, generally.
(a) Carriers eligible to receive support.
(1) Only eligible telecommunications carriers designated under this
subpart shall receive universal service support distributed pursuant to
subparts D and E of this part. Eligible telecommunications carriers
designated under this subpart for purposes of receiving support only
under subpart E of this part must provide Lifeline service directly to
qualifying low-income consumers.
(3) This paragraph does not apply to offset or reimbursement support
distributed pursuant to subpart G of this part.
(4) This paragraph does not apply to support distributed pursuant to
subpart F of this part.
(b) A state commission shall upon its own motion or upon request
designate a common carrier that meets the requirements of paragraph (d)
of this section as an eligible telecommunications carrier for a service
area designated by the state commission.
(c) Upon request and consistent with the public interest, convenience,
and necessity, the state commission may, in the case of an area served
by a rural telephone company, and shall, in the case of all other
areas, designate more than one common carrier as an eligible
telecommunications carrier for a service area designated by the state
commission, so long as each additional requesting carrier meets the
requirements of paragraph (d) of this section. Before designating an
additional eligible telecommunications carrier for an area served by a
rural telephone company, the state commission shall find that the
designation is in the public interest.
(d) A common carrier designated as an eligible telecommunications
carrier under this section shall be eligible to receive universal
service support in accordance with section 254 of the Act and, except
as described in paragraph (d)(3) of this section, shall throughout the
service area for which the designation is received:
(1) Offer the services that are supported by federal universal service
support mechanisms under subpart B of this part and section 254(c) of
the Act, either using its own facilities or a combination of its own
facilities and resale of another carrier's services (including the
services offered by another eligible telecommunications carrier); and
(2) Advertise the availability of such services and the charges
therefore using media of general distribution.
(3) Exception. Price cap carriers that serve census blocks that are
identified by the forward-looking cost model as low-cost, census blocks
that are served by an unsubsidized competitor as defined in § 54.5
meeting the requisite public interest obligations specified in § 54.309,
or census blocks where a subsidized competitor is receiving federal
high-cost support to deploy modern networks capable of providing voice
and broadband to fixed locations, are not required to comply with
paragraphs (d)(1) and (2) of this section in these specific geographic
areas. Such price cap carriers remain obligated to maintain existing
voice telephony service in these specific geographic areas unless and
until a discontinuance is granted pursuant to § 63.71 of this chapter.
(e) For the purposes of this section, the term facilities means any
physical components of the telecommunications network that are used in
the transmission or routing of the services that are designated for
support pursuant to subpart B of this part.
(f) For the purposes of this section, the term “own facilities”
includes, but is not limited to, facilities obtained as unbundled
network elements pursuant to part 51 of this chapter, provided that
such facilities meet the definition of the term “facilities” under this
(g) A state commission shall not require a common carrier, in order to
satisfy the requirements of paragraph (d)(1) of this section, to use
facilities that are located within the relevant service area, as long
as the carrier uses facilities to provide the services designated for
support pursuant to subpart B of this part within the service area.
(h) A state commission shall not designate a common carrier as an
eligible telecommunications carrier for purposes of receiving support
only under subpart E of this part unless the carrier seeking such
designation has demonstrated that it is financially and technically
capable of providing the supported Lifeline service in compliance with
subpart E of this part.
(i) A state commission shall not designate as an eligible
telecommunications carrier a telecommunications carrier that offers the
services supported by federal universal service support mechanisms
exclusively through the resale of another carrier's services.
[ 62 FR 32948 , June 17, 1997, as amended at 63 FR 2125 , Jan. 13, 1998;
64 FR 62123 , Nov. 16, 1999; 71 FR 65750 , Nov. 9, 2006; 77 FR 12966 ,
Mar. 2, 2012; 80 FR 4476 , Jan. 27, 2015; 80 FR 40935 , July 14, 2015; 81 FR 33089 , May 24, 2016; 84 FR 71327 , Dec. 27, 2019]
Goto Section: 54.101 | 54.202
Goto Year: 2020 |
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