All ETCs will be required to file an annual report in 2013 pursuant to Rule 54.313, but in a recent Order the FCC’s Wireline Competition Bureau (Bureau) has tweaked and clarified certain reporting requirements. The Order (1) waives the five-year service quality improvement plans reporting requirement for rate-of-return eligible telecommunications carriers (ETCs) in 2013; and (2) provides additional clarification of particular reporting obligations for 2013 and 2014. First, the Bureau granted a limited waiver of the requirement that rate-of-return ETCs submit a five-year plan in 2013, though five-year plans will be required for their 2014 annual reports. Because Connect America Phase (CAF) II price-cap carriers will be required to file their first five-year plans on July 1, 2014, this waiver brings conformity in five-year plan filing dates across all incumbent ETCs.
Additionally, the Bureau clarifies the following with respect to annual ETC reporting requirements:
- Incumbent carrier ETCs will be required to file for 2013 information regarding (i) their holding company, operating companies, ETC affiliates and any branding in response to section 54.313(a)(8); (ii) their CAF-ICC certification, if applicable, in response to section 54.313(d); (iii) their financial information, if a privately held rate-of-return carrier, in response to section 54.313(f)(2); and (iv) their satellite backhaul certification, if applicable, in response to section 54.313(g). Note that these additional requirements are in effect for 2013 reports but are still pending OMB approval. The Bureau notes that it will give affected ETCs at least 30 days after approval is announced in the Federal Register to file the relevant information required in the 2013 annual report.
- Regarding broadband-related data to be provided by rate-of-return ETCs in 2014, the Bureau clarifies that the relevant “customer” is the end-user customer of the retail broadband Internet access service, regardless of whether that customer purchases that retail service directly from the ETC or from an Internet service provider that purchases the ETC’s wholesale broadband transmission service offering. The Bureau also clarifies that certifications regarding reasonable steps to offer broadband service must pertain to the provision of broadband Internet access either directly or indirectly to end-user customers.
For additional information, please contact Bob Silverman.