| (ii) The application will be reviewed for sufficiency.
If the presiding officer concludes that material deficiencies exist
in the application, the applicant will be notified within ten working
days of the filing date of the specific deficiency in its application.
The earliest possible effective date of the application will be no
less than 30 days after the filing of a sufficient application with
substantially complete information as required by the presiding officer.
Thereafter, any deadlines will be determined 30 days from the day
after the filing of the sufficient application and information or
from the effective date if the presiding officer extends that date.
(iii) While the application is under administrative
review commission staff and the staff of OPUC may submit requests
for information to the telecommunications carrier. Three copies of
all answers to such requests for information must be provided to commission
staff and OPUC within ten days after receipt of the request by the
telecommunications carrier.
(iv) No later than 20 days after the filing date of
the application or the completion of notice, whichever is later, interested
persons may provide commission staff with written comments or recommendations
concerning the application. Commission staff must and OPUC may file
with the presiding officer written comments or recommendations regarding
the application.
(v) No later than 35 days after the proposed effective
date of the application, the presiding officer will issue an order
approving, denying, or docketing the application.
(B) Approval or denial of application.
(i) An application filed in accordance with paragraph
(1)(B) of this subsection will be approved by the presiding officer
if the application meets the following requirements:
(I) the provision of service constitutes the services
that are supported by the FUSF support mechanisms under 47 U.S.C. §254(c);
(II) the applicant will provide service using either
its own facilities or a combination of its own facilities and resale
of another carrier's services;
(III) the applicant advertises the availability of,
and charges for, such services using media of general distribution;
(IV) notice was provided as required by this section;
(V) the applicant satisfies the requirements contained
in subsection (c) of this section; and
(VI) if, in areas served by a rural telephone company,
the ETC designation is consistent with the public interest.
(ii) An application filed in accordance with paragraph
(1)(C) of this subsection will be approved by the presiding officer
if the application meets the following requirements:
(I) the applicant has satisfied the requirements set
forth in clause (i) of this subparagraph;
(II) the applicant offers Lifeline Service to qualifying
low-income consumers in compliance with 47 C.F.R. Part 54, Subpart
E; and
(III) the applicant offers toll limitation services
in accordance with 47 C.F.R. §54.400 and §54.401.
(C) Docketing. If, based on the administrative review,
the presiding officer determines that one or more of the requirements
have not been met, the presiding officer will docket the application.
(D) Review of the application after docketing. If the
application is docketed, the effective date of the application will
be automatically suspended to a date 120 days after the applicant
has filed all of its direct testimony and exhibits, or 155 days after
the proposed effective date, whichever is later. Three copies of all
answers to requests for information must be filed with the commission
within ten days after receipt of the request. Affected persons may
move to intervene in the docket, and a hearing on the merits will
be scheduled. A hearing on the merits will be limited to issues of
eligibility. The application will be processed in accordance with
the commission's rules applicable to docketed cases.
(E) Waiver. In the event that an otherwise ETC requests
additional time to complete the network upgrades needed to provide
single-party service, access to enhanced 911 service, or toll limitation,
the commission may grant a waiver of these service requirements upon
a finding that exceptional circumstances prevent the carrier from
providing single-party service, access to enhanced 911 service, or
toll limitation. The period for the waiver must not extend beyond
the time that the commission deems necessary for that carrier to complete
network upgrades to provide single-party service, access to enhanced
911 service, or toll limitation services.
(i) Designation of ETC for unserved areas. If no common
carrier will provide the services that are supported by federal universal
service support mechanisms under 47 U.S.C. §254(c) to an unserved
community or any portion thereof that requests such service, the commission,
with respect to intrastate services, will determine which common carrier
or carriers are best able to provide such service to the requesting
unserved community or portion thereof and will order such carrier
or carriers to provide such service for that unserved community or
portion thereof.
(j) Relinquishment of ETC designation. A common carrier
may seek to relinquish its ETC designation.
(1) Area served by more than one ETC. The commission
will permit a common carrier to relinquish its designation as an ETC
in any area served by more than one ETC upon:
(A) written notification not less than 90 days prior
to the proposed effective date that the common carrier seeks to relinquish
its designation as an ETC;
(B) determination by the commission that the remaining
eligible telecommunications carrier or carriers can offer federally
supported services to the relinquishing carrier's customers; and
(C) determination by the commission that sufficient
notice of relinquishment has been provided to permit the purchase
or construction of adequate facilities by any remaining eligible telecommunications
carrier or carriers.
(2) Area where the common carrier is the sole ETC.
In areas where the common carrier is the only ETC, the commission
may permit it to relinquish its ETC designation upon:
(A) written notification not less than 90 days prior
to the proposed effective date that the common carrier seeks to relinquish
its designation as an ETC; and
(B) commission designation of a new ETC for the service
area or areas.
(k) Rural and non-rural carriers' requirements for
annual certification to receive FUSF support. A common carrier serving
a rural or non-rural study area must comply with the following requirements
for annual certification for the receipt of FUSF support.
(1) Annual certification. Common carriers must provide
the commission with an affidavit annually, on or before September
1 of each year, which certifies that the carrier is complying with
the federal requirements for the receipt of FUSF support. Upon receipt
and acceptance of the affidavits filed on or before September 1 each
year, the commission will certify these carriers' eligibility for
FUSF to the FCC and the Federal Universal Service Fund Administrator
by October 1 of each year.
(2) Failure to file. Common carriers failing to file
an affidavit by September 1 may still be certified by the commission
for annual FUSF. However, the carrier is ineligible for support until
the quarter following the federal universal service administrator's
receipt of the commission's supplemental submission of the carrier's
compliance with the federal requirements.
(3) Supplemental certification. For carriers not subject
to the annual certification process, the schedule set forth in 47
C.F.R. §54.313 and 47 C.F.R. §54.314(d) for the filing of
supplemental certifications applies.
(4) Recommendation for Revocation of FUSF support certification.
The commission may recommend the revocation of the FUSF support certification
of any carrier that it determines has not complied with the federal
requirements in accordance with 47 U.S.C. §254(e) and will review
any challenge to a carrier's FUSF support certification and make an
appropriate recommendation as a result of any such review.
(l) Disaggregation of rural carriers' FUSF support.
Common carriers serving rural study areas must comply with the following
requirements regarding disaggregation of FUSF support.
(1) Abstain from filing. If a rural ILEC abstains from
filing an election on or before May 15, 2002, the carrier is prohibited
from disaggregating its FUSF support unless it is ordered to do so
by the commission in accordance with the terms of paragraph (5) of
this subsection.
(A) a rural ILEC may choose to certify to the commission
that it will not disaggregate at this time;
(B) a rural ILEC may seek disaggregation of its FUSF
support by filing a targeted plan with the commission that meets the
criteria in paragraph (3) of this subsection, subject to the commission's
approval of the plan;
Cont'd... |
