FCC Record, Volume 34, No. 14, Pages 11031 to 11845, November 25 - December 6, 2019 Page: 11,087
iv, 11031-11845p. ; 28 cm.View a full description of this book.
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The Commission has delegated authority to the Bureau to consider appropriate ETC designation
requests. '4
4. A petition for ETC designation by the FCC must include: (1) a certification that the
petitioner offers or intends to offer all services designated for support by the Commission pursuant to
section 254(c) of the Act; (2) a certification that the petitioner offers or intends to offer the supported
services either using its own facilities or a combination of its own facilities and resale of another carrier's
services;" (3) a description of how the petitioner advertises the availability of the supported services and
the charges therefor using media of general distribution;16 (4) a detailed description of the geographic
service area for which the petitioner requests to be designated as an ETC;'7 and (5) a certification that
neither the petitioner, nor any party to the application, is subject to a denial of federal benefits pursuant to
the Anti-Drug Abuse Act of 1988.18
5. In addition, a petitioner must demonstrate its ability to meet certain service standards.
Specifically, a petitioner seeking an ETC designation for purposes of becoming eligible to receive high-
cost support must: (1) certify that it will comply with the service requirements applicable to the support
that it receives; (2) submit a five-year service plan (applicable only to high cost areas); (3) demonstrate its
ability to remain functional in emergency situations; and (4) demonstrate its ability to satisfy applicable
consumer protection and service quality standards.'9
6. For a petitioner seeking ETC designation for the purpose of becoming authorized to
receive Phase II Auction support, the Bureau waived the requirements that the petitioner submit a five-
year service plan and proof of compliance with consumer protection and service quality standards, finding
that the need for such requirements is obviated by specific service quality standards applicable to Phase II
Auction support recipients and specific reporting obligations relating to such standards.20 Because the
authorization of CAF support for participants in the New York program is conditioned on meeting terms
and conditions consistent with those applicable to Phase II Auction winning bidders,21 we interpret this
waiver as equally applicable to New York Program participants.
7. In addition, prior to designating a carrier as an ETC pursuant to section 214(e)(6) of the
Act, the Commission must determine whether such designation is in the public interest.22 When making a
14 See Procedures for FCC Designation of Eligible Telecommunications Carriers Pursuant to Section 214(e)(6) of
the Communications Act, CC Docket No. 96-45, Public Notice, 12 FCC Red 22947, 22948 (1997).
"5 47 U.S.C. 214(e)(1); 47 CFR 54.201(d)(1).
16 47 U.S.C. 214(e)(1); 47 CFR 54.201(d)(2).
17 An ETC's "service area" is set by the designating authority and is the geographic area within which an ETC has
universal service obligations and may receive universal service support. 47 U.S.C. 214(e)(5); 47 CFR 54.207(a).
Although section 214(e)(5) of the Act, 47 U.S.C. 214(e)(5), requires conformance of a competitive ETC's service
area and an incumbent rural telephone company's service area, the Commission has separately forborne from
imposing such requirements on Phase II Auction support recipients. See Connect America Fund et al., Report and
Order and Further Notice of Proposed Rulemaking, 31 FCC Rcd 5949, 6006-6009 (2016) (Phase IIAuction Order).
18 21 U.S.C. 862; 47 CFR 1.2002(a)-(b).
19 See 47 CFR 54.202(a).
20 WCB Reminds Connect America Fund Phase II Auction Applicants of the Process for Obtaining a Federal
Designation as an Eligible Telecommunications Carrier, WC Docket Nos. 09-197 and 10-90, Public Notice, 33
FCC Rcd 6696, 6699-6700 (WCB 2019).
21 New York Auction Waiver Order, 32 FCC Red at 990, para. 60.
22 47 U.S.C. 214(e)(6); 47 CFR 54.202(b).11087
Federal Communications Commission
DA 19-1220
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United States. Federal Communications Commission. FCC Record, Volume 34, No. 14, Pages 11031 to 11845, November 25 - December 6, 2019, book, December 2019; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1637223/m1/65/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.