Goto Section: 54.306 | 54.308 | Table of Contents

FCC 54.307
Revised as of July 30, 2021
Goto Year:2020 | 2022
  §  54.307   Support to a competitive eligible telecommunications carrier.

   (a) Calculation of support. A competitive eligible telecommunications
   carrier shall receive universal service support to the extent that the
   competitive eligible telecommunications carrier captures the subscriber
   lines of an incumbent local exchange carrier (LEC) or serves new
   subscriber lines in the incumbent LEC's service area.

   (1) A competitive eligible telecommunications carrier serving loops in
   the service area of a rural incumbent local exchange carrier, as that
   term is defined in § 54.5 of this chapter, shall receive support for
   each line it serves in a particular service area based on the support
   the incumbent LEC would receive for each such line, disaggregated by
   cost zone if disaggregation zones have been established within the
   service area pursuant to § 54.315 of this subpart. A competitive
   eligible telecommunications carrier serving loops in the service area
   of a non-rural incumbent local exchange carrier shall receive support
   for each line it serves in a particular wire center based on the
   support the incumbent LEC would receive for each such line. A
   competitive eligible telecommunications carrier serving loops in the
   service area of a rate-of-return carrier shall be eligible to receive
   Interstate Common Line Support for each line it serves in the service
   area in accordance with the formula in § 54.901.

   (2) A competitive eligible telecommunications carrier that uses
   switching purchased as unbundled network elements pursuant to § 51.307
   of this chapter to provide the supported services shall receive the
   lesser of the unbundled network element price for switching or the
   per-line DEM support of the incumbent LEC, if any. A competitive
   eligible telecommunications carrier that uses loops purchased as
   unbundled network elements pursuant to § 51.307 of this chapter to
   provide the supported services shall receive the lesser of the
   unbundled network element price for the loop or the incumbent LEC's
   per-line payment from the high-cost loop support, LTS, and Interstate
   Common Line Support mechanisms, if any. The incumbent LEC providing
   nondiscriminatory access to unbundled network elements to such
   competitive eligible telecommunications carrier shall receive the
   difference between the level of universal service support provided to
   the competitive eligible telecommunications carrier and the
   per-customer level of support that the incumbent LEC would have
   received.

   (3) A competitive eligible telecommunications carrier that provides the
   supported services using neither unbundled network elements purchased
   pursuant to § 51.307 of this chapter nor wholesale service purchased
   pursuant to section 251(c)(4) of the Act will receive the full amount
   of universal service support that the incumbent LEC would have received
   for that customer.

   (b) In order to receive support pursuant to this subpart, a competitive
   eligible telecommunications carrier must report to the Administrator
   the number of working loops it serves in a service area pursuant to the
   schedule set forth in paragraph (c) of this section. For a competitive
   eligible telecommunications carrier serving loops in the service area
   of a rural incumbent local exchange carrier, as that term is defined in
   § 54.5, the carrier must report, by customer class, the number of
   working loops it serves in the service area, disaggregated by cost zone
   if disaggregation zones have been established within the service area
   pursuant to § 54.315. For a competitive eligible telecommunications
   carrier serving loops in the service area of a non-rural telephone
   company, the carrier must report the number of working loops it serves
   in the service area, by customer class if the non-rural telephone
   company receives Interstate Common Line Support pursuant to § 54.901 and
   by disaggregation zone if disaggregation zones have been established
   within the service area pursuant to § 54.315 of this subpart, and the
   number of working loops it serves in each wire center in the service
   area. For universal service support purposes, working loops are defined
   as the number of working Exchange Line C&WF loops used jointly for
   exchange and message telecommunications service, including C&WF
   subscriber lines associated with pay telephones in C&WF Category 1, but
   excluding WATS closed end access and TWX service. Competitive eligible
   telecommunications carriers providing mobile wireless service in an
   incumbent LEC's service area shall use the customer's billing address
   for purposes of identifying the service location of a mobile wireless
   customer in a service area.

   (c) A competitive eligible telecommunications carrier must submit the
   data required pursuant to paragraph (b) of this section according to
   the schedule.

   (1) No later than July 31st of each year, submit data as of December
   31st of the previous calendar year;

   (2) No later than September 30th of each year, submit data as of March
   31st of the existing calendar year;

   (3) No later than December 30th of each year, submit data as of June
   30th of the existing calendar year;

   (4) No later than March 30th of each year, submit data as of September
   30th of the previous calendar year.

   (d) Newly designated eligible telecommunications carriers.
   Notwithstanding the deadlines in paragraph (c) of this section, a
   carrier shall be eligible to receive support as of the effective date
   of its designation as an eligible telecommunications carrier under
   section 214(e)(2) or (e)(6), provided that it submits the data required
   pursuant to paragraph (b) of this section within 60 days of that
   effective date. Thereafter, the eligible telecommunications carrier
   must submit the data required in paragraph (b) of this section pursuant
   to the schedule in paragraph (c) of this section.

   (e) Support Beginning January 1, 2012. Competitive eligible
   telecommunications carriers will, beginning January 1, 2012, receive
   support based on the methodology described in this paragraph and not
   based on paragraph (a) of this section.

   (1) Baseline Support Amount. Each competitive eligible
   telecommunication carrier will have a “baseline support amount” equal
   to its total 2011 support in a given study area, or an amount equal to
   $3,000 times the number of reported lines for 2011, whichever is lower.
   Each competitive eligible telecommunications carrier will have a
   “monthly baseline support amount” equal to its baseline support amount
   divided by twelve.

   (i) “Total 2011 support” is the amount of support disbursed to a
   competitive eligible telecommunication carrier for 2011, without regard
   to prior period adjustments related to years other than 2011 and as
   determined by the Administrator on January 31, 2012.

   (ii) For the purpose of calculating the $3,000 per line limit, the
   average of lines reported by a competitive eligible telecommunication
   carrier pursuant to line count filings required for December 31, 2010,
   and December 31, 2011 shall be used. The $3,000 per line limit shall be
   applied to support amounts determined for each incumbent study area
   served by the competitive eligible telecommunications carrier.

   (2) Monthly support amounts. Competitive eligible telecommunications
   carriers shall receive the following support amounts, except as
   provided in paragraphs (e)(3) through (7) of this section.

   (i) From January 1, 2012, to June 30, 2012, each competitive eligible
   telecommunications carrier shall receive its monthly baseline support
   amount each month.

   (ii) From July 1, 2012 to June 30, 2013, each competitive eligible
   telecommunications carrier shall receive 80 percent of its monthly
   baseline support amount each month.

   (iii) Beginning July 1, 2013, each competitive eligible
   telecommunications carrier shall receive 60 percent of its monthly
   baseline support amount each month.

   (3) Delayed Phase Down for Remote Areas in Alaska. Certain competitive
   eligible telecommunications carriers serving remote areas in Alaska
   shall have their support phased down on a later schedule than that
   described in paragraph (e)(2) of this section.

   (i) Remote Areas in Alaska. For the purpose of this paragraph, “remote
   areas in Alaska” includes all of Alaska except;

   (A) The ACS-Anchorage incumbent study area;

   (B) The ACS-Juneau incumbent study area;

   (C) The fairbankszone1 disaggregation zone in the ACS-Fairbanks
   incumbent study area; and

   (D) The Chugiak 1 and 2 and Eagle River 1 and 2 disaggregation zones of
   the Matunuska Telephone Association incumbent study area.

   (ii) Carriers Subject to Delayed Phase Down. A competitive eligible
   telecommunications carrier shall be subject to the delayed phase down
   described in paragraph (e)(3) of this section to the extent that it
   serves remote areas in Alaska, and it certified that it served covered
   locations in its September 30, 2011, filing of line counts with the
   Administrator. To the extent a competitive eligible telecommunications
   carrier serving Alaska is not subject to the delayed phase down, it
   will be subject to the phase down of support on the schedule described
   in paragraph (e)(2) of this section.

   (iii) Baseline for Delayed Phase Down. For purpose of the delayed phase
   down for remote areas in Alaska, the baseline amount for each
   competitive eligible telecommunications carrier subject to the delayed
   phase down shall be the annualized monthly support amount received for
   June 2014 or the last full month prior to the implementation of
   Mobility Fund Phase II, whichever is later.

   (iv) Monthly Support Amounts. Competitive eligible telecommunications
   carriers subject to the delayed phase down for remote areas in Alaska
   shall receive the following support amounts, except as provided in
   paragraphs (e)(4) through (e)(6) of this section.

   (A) From July 1, 2014 to June 30, 2015, each competitive eligible
   telecommunications carrier shall receive 80 percent of its monthly
   baseline support amount each month.

   (B) From July 1, 2015, to June 30, 2016, each competitive eligible
   telecommunications carrier shall receive 60 percent of its monthly
   baseline support amount each month.

   (C) From July 1, 2016, to June 30, 2017, each competitive eligible
   telecommunications carrier shall receive 40 percent of its monthly
   baseline support amount each month.

   (D) From July 1, 2017, to June 30, 2018, each competitive eligible
   telecommunications carrier shall receive 20 percent of its monthly
   baseline support amount each month.

   (E) Beginning July 1, 2018, no competitive eligible telecommunications
   carrier serving remote areas in Alaska shall receive universal service
   support pursuant to this section.

   (v) Interim Support for Remote Areas in Alaska. From January 1, 2012,
   until June 30, 2014 or the last full month prior to the implementation
   of Mobility Fund Phase II, whichever is later, competitive eligible
   telecommunications carriers subject to the delayed phase down for
   remote areas in Alaska shall continue to receive the support, as
   calculated by the Administrator, that each competitive
   telecommunications carrier would have received under the frozen
   per-line support amount as of December 31, 2011 capped at $3,000 per
   year, provided that the total amount of support for all such
   competitive eligible telecommunications carriers shall be capped
   pursuant to paragraph (e)(3)(v)(A) of this section.

   (A) Cap Amount. The total amount of support available on an annual
   basis for competitive eligible telecommunications carriers subject to
   the delayed phase down for remote areas in Alaska shall be equal to the
   sum of “total 2011 support,” as defined in paragraph (e)(1)(i) of this
   section, received by all competitive eligible telecommunications
   carriers subject to the delayed phase down for serving remote areas in
   Alaska.

   (B) Reduction Factor. To effectuate the cap, the Administrator shall
   apply a reduction factor as necessary to the support that would
   otherwise be received by all competitive eligible telecommunications
   carriers serving remote areas in Alaska subject to the delayed phase
   down. The reduction factor will be calculated by dividing the total
   amount of support available amount by the total support amount
   calculated for those carriers in the absence of the cap.

   (4) Further reductions. If a competitive eligible telecommunications
   carrier ceases to provide services to high-cost areas it had previously
   served, the Commission may reduce its baseline support amount.

   (5) Eligibility for interim support before 5G Fund Phase I auction.
   Beginning the first day of the month following the effective date of
   the Report and Order, FCC 20-150, a competitive eligible
   telecommunications carrier that receives support pursuant to paragraph
   (a) or (e)(2) of this section shall no longer receive such support and
   shall instead receive support as described in this paragraph.

   (i) A competitive eligible telecommunications carrier that is not a
   mobile competitive eligible telecommunications carrier, as that term is
   defined in § 54.5, shall no longer receive monthly baseline support.

   (ii) Until the first day of the month following the release of a public
   notice by the Office of Economics and Analytics and Wireline
   Competition Bureau announcing the final areas eligible for support in
   the 5G Fund Phase I auction:

   (A) A mobile competitive eligible telecommunications carrier that
   receives support pursuant to paragraph (a) of this section shall
   receive “monthly baseline support” in an amount equal to one-twelfth (
   1⁄12 ) of its total support received for the preceding 12-month period.

   (B) A mobile competitive eligible telecommunications carrier that
   receives support pursuant to paragraph (e)(2) of this section shall
   receive support at the same level described in paragraph (e)(2)(iii) of
   this section.

   (iii) Beginning the first day of the month following the release of a
   public notice by the Office of Economics and Analytics and Wireline
   Competition Bureau announcing the final areas eligible for support in
   the 5G Fund Phase I auction and until the first day of the month
   following release of a public notice announcing the close of the 5G
   Fund Phase I auction, a mobile competitive eligible telecommunications
   carrier that receives support pursuant to paragraph (e)(5)(ii) of this
   section for any such eligible area shall receive an adjusted,
   disaggregated amount of monthly support for that area, which shall be
   calculated by multiplying the monthly support level described in
   paragraph (e)(5)(ii) of this section by the areal percentage of the
   eligible portion of the competitive eligible telecommunications
   carrier's service area, weighted by applying the 5G Fund adjustment
   factor methodology and values adopted by the Office of Economics and
   Analytics and Wireline Competition Bureau and announced in a public
   notice.

   (iv) Beginning the first day of the month following the release of a
   public notice by the Office of Economics and Analytics and Wireline
   Competition Bureau announcing the final areas eligible for support in
   the 5G Fund Phase I auction, a mobile competitive eligible
   telecommunications carrier that receives support pursuant paragraph
   (e)(5)(ii) of this section for any ineligible area shall receive an
   adjusted, disaggregated amount of monthly support for that area, which
   shall be calculated by multiplying the monthly support level described
   in paragraph (e)(5)(ii) of this section by the areal percentage of the
   ineligible portion of the competitive eligible telecommunications
   carrier's service area, weighted by applying the 5G Fund adjustment
   factor methodology and values adopted by the Office of Economics and
   Analytics and Wireline Competition Bureau and announced in a public
   notice, and reduced as follows:

   (A) For the first 12 months, each mobile competitive eligible
   telecommunications carrier shall receive monthly support that is
   two-thirds ( 2⁄3 ) of the level described in paragraph (e)(5)(iv) of
   this section for the ineligible area.

   (B) For 12 months starting the first day of the month following the
   period described in paragraph (e)(5)(iv)(A) of this section, each
   mobile competitive eligible telecommunications carrier shall receive
   monthly support that is one-third ( 1⁄3 ) of the level described in
   paragraphs (e)(5)(iv) of this section for the ineligible area.

   (C) Following the period described in paragraph (e)(5)(iv)(B) of this
   section, no mobile competitive eligible telecommunications carrier
   shall receive monthly support for any ineligible area pursuant to this
   section.

   (6) Eligibility for support after 5G Fund Phase I auction. (i)
   Notwithstanding the schedule described in paragraph (e)(5)(iii) of this
   section, a mobile competitive eligible telecommunications carrier that
   receives monthly support pursuant to paragraph (e)(5)(iii) of this
   section and is a winning bidder in the 5G Fund Phase I auction shall
   continue to receive support at the same level it was receiving support
   for such area at the time of the release of a public notice announcing
   the close of the 5G Fund Phase I auction until such time as the Office
   of Economics and Analytics and Wireline Competition Bureau determine
   whether or not to authorize the carrier to receive 5G Fund Phase I
   support.

   (A) Upon the Office of Economics and Analytics and Wireline Competition
   Bureau's release of a public notice approving a mobile competitive
   eligible telecommunications carrier's application for support submitted
   pursuant to § 54.1014(b) and authorizing the carrier to receive 5G Fund
   Phase I support, the carrier shall no longer receive support at the
   level of monthly support described in paragraph (e)(5)(iii) of this
   section for such area. Thereafter, the carrier shall receive monthly
   support in the amount of its 5G Fund Phase I winning bid pursuant to
   § 54.1017, provided that the Administrator shall decrease the amount of
   the carrier's support to the extent necessary to account for any
   support the carrier received during the period between the close of the
   5G Fund Phase I auction and the release of the public notice
   authorizing the carrier to receive 5G Fund Phase I support.

   (B) A mobile competitive eligible telecommunications carrier that is a
   winning bidder in the 5G Fund Phase I auction but is not subsequently
   authorized to receive 5G Fund Phase I support shall no longer receive
   support at the level of monthly support described in paragraph
   (e)(5)(iii) of this section for such area following the determination
   not to authorize the carrier for 5G Fund Phase I support. Thereafter,
   the carrier shall receive monthly support as set forth in paragraph
   (e)(6)(iv) of this section for such area, provided that the
   Administrator shall decrease the amount of the carrier's support to the
   extent necessary to account for any support the carrier received during
   the period between the close of the 5G Fund Phase I auction and the
   Office of Economics and Analytics and Wireline Competition Bureau's
   authorization determination.

   (ii) A mobile competitive eligible telecommunications carrier that does
   not receive monthly support pursuant to this section and is a winning
   bidder in the 5G Fund Phase I auction shall receive monthly support
   pursuant to § 54.1017.

   (iii) A mobile eligible telecommunications carrier that receives
   monthly support pursuant to paragraph (e)(5)(iii) of this section for
   an area for which support is not won in the 5G Fund Phase I auction
   shall continue to receive support at the level of monthly support
   described in paragraph (e)(5)(iii) of this section provided that it is
   the carrier receiving the minimum level of sustainable support for the
   area, but for no more than 60 months from the first day of the month
   following the release of a public notice by the Office of Economics and
   Analytics and Wireline Competition Bureau announcing the close of the
   5G Fund Phase I auction. The “minimum level of sustainable support” is
   the lowest monthly support received by a mobile competitive eligible
   telecommunications carrier for the area that has deployed the highest
   level of technology (e.g., 5G) within the state encompassing the area.

   (iv) All other mobile competitive eligible telecommunications carriers
   that receive monthly support pursuant to paragraph (e)(5)(iii) of this
   section for eligible areas shall instead receive the following monthly
   support amounts for such areas:

   (A) For 12 months starting the first day of the month following release
   of a public notice announcing the close of the 5G Fund Phase I auction,
   each mobile competitive eligible telecommunications carrier shall
   receive monthly support that is two-thirds ( 2⁄3 ) of the level
   described in paragraph (e)(5)(iii) of this section for the area.

   (B) For 12 months starting the month following the period described in
   paragraph (e)(6)(iv)(A) of this section, each mobile competitive
   eligible telecommunications carrier shall receive monthly support that
   is one-third ( 1⁄3 ) of the level described in paragraph (e)(5)(iii) of
   this section for the area.

   (C) Following the period described in paragraph (e)(6)(iv)(B) of this
   section, no mobile competitive eligible telecommunications carrier
   shall receive monthly support for the area pursuant to this section.

   (7) Eligibility for support after 5G Fund Phase II auction. (i)
   Notwithstanding the schedule described in paragraphs (e)(6)(iii) or
   (iv) of this section, a mobile competitive eligible telecommunications
   carrier that receives monthly support pursuant to paragraphs
   (e)(6)(iii) or (iv) of this section, as applicable, and is a winning
   bidder in the 5G Fund Phase II auction shall receive support at the
   same level it was receiving support for such area at the time of the
   release of a public notice announcing the close of the 5G Fund Phase II
   auction until such time as the Office of Economics and Analytics and
   Wireline Competition Bureau determine whether or not to authorize the
   carrier to receive 5G Fund Phase II support.

   (A) Upon the Office of Economics and Analytics and Wireline Competition
   Bureau's release of a public notice approving a mobile competitive
   eligible telecommunications carrier's application for support submitted
   pursuant to § 54.1014(b) and authorizing the carrier to receive 5G Fund
   Phase II support, the carrier shall no longer receive support at the
   level of monthly support pursuant to this section for such area.
   Thereafter, the carrier shall receive monthly support in the amount of
   its 5G Fund Phase II winning bid pursuant to § 54.1017, provided that
   the Administrator shall decrease the amount of the carrier's support to
   the extent necessary to account for any support the carrier received
   during the period between the close of the 5G Fund Phase II auction and
   the release of the public notice authorizing the carrier to receive 5G
   Fund Phase II support.

   (B) A mobile competitive eligible telecommunications carrier that is a
   winning bidder in the 5G Fund Phase II auction but is not subsequently
   authorized to receive 5G Fund Phase II support shall no longer receive
   support at the level of monthly support pursuant to paragraph
   (e)(6)(iii) or (iv) of this section for such area, as applicable,
   following the determination not to authorize the carrier for 5G Fund
   Phase II support. Thereafter, the carrier shall receive monthly support
   as set forth in paragraphs (e)(7)(iv) or (v) of this section for such
   area, as applicable, provided that the Administrator shall decrease the
   amount of the carrier's support to the extent necessary to account for
   any support received during the period between the close of the 5G Fund
   Phase II auction and the Office of Economics and Analytics and Wireline
   Competition Bureau's authorization determination.

   (ii) A mobile competitive eligible telecommunications carrier that does
   not receive monthly support pursuant to this section and is a winning
   bidder in the 5G Fund Phase II auction shall receive monthly support
   pursuant to § 54.1017.

   (iii) A mobile competitive eligible telecommunications carrier that
   receives monthly support pursuant to paragraph (e)(6)(iii) of this
   section for an area for which support is not won in the 5G Fund Phase
   II auction shall continue to receive support for that area as described
   in paragraph (e)(6)(iii) of this section.

   (iv) A mobile competitive eligible telecommunications carrier that
   receives monthly support pursuant to paragraph (e)(6)(iii) of this
   section for an area for which support is won in the 5G Fund Phase II
   auction and for which the carrier is not the winning bidder shall
   receive the following monthly support amounts for such areas:

   (A) For 12 months starting the first day of the month following release
   of a public notice announcing the close of the 5G Fund Phase II
   auction, the mobile competitive eligible telecommunications carrier
   shall receive monthly support that is two-thirds ( 2⁄3 ) of the level
   described in paragraph (e)(6)(iii) of this section for the area.

   (B) For 12 months starting the month following the period described in
   paragraph (e)(7)(iv)(A) of this section, the mobile competitive
   eligible telecommunications carrier shall receive monthly support that
   is one-third ( 1⁄3 ) of the level described in paragraph (e)(6)(iii) of
   this section for the area.

   (C) Following the period described in paragraph (e)(7)(iv)(B) of this
   section, the mobile competitive eligible telecommunications carrier
   shall not receive monthly support for the area pursuant to this
   section.

   (v) All other mobile competitive eligible telecommunications carriers
   that receive monthly support pursuant to paragraph (e)(6)(iv) of this
   section for an area shall continue to receive support for the area
   pursuant to that paragraph.

   (8) Line Count Filings. Competitive eligible telecommunications
   carriers, except those subject to the delayed phase down described in
   paragraph (e)(3) of this section, shall no longer be required to file
   line counts beginning January 1, 2012. Competitive eligible
   telecommunications carriers subject to the delayed phase down described
   in paragraph (e)(3) of this section shall no longer be required to file
   line counts beginning July 1, 2014, or the date after the first line
   count filing following the implementation of Mobility Fund Phase II,
   whichever is later.

   (9) Eligibility for support after Connect America Phase II auction.
   Starting the first day of the month following the first authorization
   of Connect America Phase II auction support nationwide, fixed
   competitive eligible telecommunications carriers shall have the option
   of receiving support pursuant to paragraph (e)(2)(iii) of this section
   as described in the following paragraphs (e)(8)(i) through (iv):

   (i) For 12 months following the first authorization of Connect America
   Phase II auction support nationwide, each fixed competitive eligible
   telecommunications carrier shall receive two-thirds ( 2⁄3 ) of the
   carrier's total support pursuant to paragraph (e)(2)(iii) of this
   section.

   (ii) For 12 months starting the month following the period described in
   paragraph (e)(8)(i) of this section, each fixed competitive eligible
   telecommunications carrier shall receive one-third ( 1⁄3 ) of the
   carrier's total support pursuant to paragraph (e)(2)(iii) of this
   section.

   (iii) Following the period described in paragraph (e)(8)(ii) of this
   section, no fixed competitive eligible telecommunications carrier shall
   receive any support pursuant to paragraph (e)(2)(iii) of this section.

   (iv) Notwithstanding the foregoing schedule, the phase-down of support
   below the level described in paragraph (e)(2)(iii) of this section
   shall be subject to the restrictions in Consolidated Appropriations
   Act, 2016, Public Law 114-113, Div. E, Title VI, section 631, 129 Stat.
   2242, 2470 (2015), unless and until such restrictions are no longer in
   effect.

   [ 62 FR 32948 , June 17, 1997, as amended at  63 FR 2128 , Jan. 13, 1998;
    64 FR 67431 , Dec. 1, 1999;  65 FR 26516 , May 8, 2000;  66 FR 30087 , June
   5, 2001;  66 FR 59726 , Nov. 30, 2001;  68 FR 31623 , May 28, 2003;  69 FR 34602 , June 22, 2004;  70 FR 29979 , May 25, 2005;  76 FR 73871 , Nov. 29,
   2011;  77 FR 14302 , Mar. 9, 2012;  77 FR 30913 , May 24, 2012;  77 FR 52618 , Aug. 30, 2012;  82 FR 15449 , Mar. 28, 2017;  84 FR 8623 , Mar. 11,
   2019;  85 FR 75817 , Nov. 25, 2020]

   


Goto Section: 54.306 | 54.308

Goto Year: 2020 | 2022
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