Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,877
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(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 shall 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 1st
of each year, which certifies that the carrier is complying with the fed-
eral requirements for the receipt of FUSF support. Upon receipt and
acceptance of the affidavits filed on or before September 1st each year,
the commission will certify these carriers' eligibility for FUSF to the
FCC and the Federal Universal Service Fund Administrator by Octo-
ber 1st each year.
(2) Failure to file. Common carriers failing to file an af-
fidavit by September 1st 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 compli-
ance 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 cer-
tifications shall apply.
(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 pursuant to 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
(1) [(k)] Disaggregation of rural carriers' FUSF support. Com-
mon carriers serving rural study areas must comply with the following
requirements regarding disaggregation of FUSF support.
(1) Election by May 15, 2002. On or before May 15, 2002,
all rural incumbent local exchange carriers (ILECs) may notify the
commission of one of the following elections regarding FUSF support.
This election will remain in place for four years from the effective date
of certification, pursuant to 47 C.F.R. 54.315, unless the commission,
on its own motion, or upon the motion of the rural ILEC or an inter-
ested party, requires a change to the elected disaggregation plan:
(A) a rural ILEC may choose to certify to the commis-
sion 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;
(C) a rural ILEC may self-certify a disaggregation tar-
geted plan that meets the criteria in paragraphs (3) and (4) of this sub-
section, disaggregate support to the wire center level or up to no more
than two cost zones, or mirror a plan for disaggregation that has re-
ceived prior commission approval; or
(D) if the rural ILEC serves a study area that is served
by another carrier designated as an ETC prior to the effective date of
47 C.F.R. 54.315, (June 19, 2001), the ILEC may only self-certify the
disaggregation of its FUSF support by adopting a plan for disaggrega-
tion that has received prior commission approval.
(2) Abstain from filing. If a rural ILEC abstains from filing
an election on or before May 15, 2002, the carrier will not be permitted
to disaggregate its FUSF support unless it is ordered to do so by the
commission pursuant to the terms of paragraph (5) of this subsection.
(3) Requirements for rural ILECs' disaggregation plans.
Pursuant to the federal requirements in 47 C.F.R. 54.315(e) a rural
ILEC's disaggregation plan, whether submitted pursuant to paragraph
(1)(B), (C) or (D) of this subsection, must meet the following require-
(A) the sum of the disaggregated annual support must
be equal to the study area's total annual FUSF support amount without
(B) the ratio of the per line FUSF support between dis-
aggregation zones for each disaggregated category of FUSF support
shall remain fixed over time, except as changes are required pursuant
to paragraph (5) of this subsection;
(C) the ratio of per line FUSF support shall be publicly
(D) the per line FUSF support amount for each disag-
gregated zone or wire center shall be recalculated whenever the rural
ILEC's total annual FUSF support amount changes and revised total
per line FUSF support and updated access line counts shall then be ap-
plied using the changed FUSF support amount and updated access line
counts applicable at that point;
(E) each support category complies with subparagraphs
(A) and (B) of this paragraph;
(F) monthly payments of FUSF support shall be based
upon the annual amount of FUSF support divided by 12 months if the
rural ILEC's study area does not contain a competitive carrier desig-
nated as an ETC; and
(G) a rural ILEC's disaggregation plan methodology
and the underlying access line count upon which it is based will apply
to any competitive carrier designated as an ETC in the study area.
(4) Additional requirements for self-certification of a dis-
aggregation plan. Pursuant to 47 C.F.R. 54.315(d)(2), a rural ILEC's
self-certified disaggregation plan must also include the following items
in addition to those items required by paragraph (3) of this subsection:
(A) support for, and a description of, the rationale used,
including methods and data relied upon, as well as a discussion of how
the plan meets the requirements in paragraph (3) of this subsection and
(B) a reasonable relationship between the cost of pro-
viding service for each disaggregation zone within each disaggregation
category of support proposed;
(C) a clearly specified per-line level of FUSF support
for each category pursuant to 47 C.F.R. 54.315(d)(2)(iii);
(D) if the plan uses a benchmark, a detailed explanation
of the benchmark and how it was determined that is generally consistent
with how the level of support for each category of costs was derived so
that competitive ETCs may compare the disaggregated costs for each
cost zone proposed; and
(E) maps identifying the boundaries of the disaggre-
gated zones within the study area.
(5) Disaggregation upon commission order. The commis-
sion on its own motion or upon the motion of an interested party may
order a rural ILEC to disaggregate FUSF support under the following
(A) the commission determines that the public interest
of the rural study area is best served by disaggregation of the rural
ILEC's FUSF support;
PROPOSED RULES August 31, 2012 37 TexReg 6877
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/59/: accessed April 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.