Section 69-09-05-12.1 - Annual reporting requirements for designated eligible telecommunications carriers Eligible telecommunications carriers shall file with the commission on or before August first of each year, beginning in 2007:
1. A report describing the amount of high-cost universal service support the eligible telecommunications carrier received in the prior calendar year and how that support was used for the provision, maintenance, or upgrading of the carrier's facilities and services. The report must also explain any changes from reports that have been previously provided to the commission. The report must include an estimate of the amount of federal high-cost universal service support the carrier anticipates receiving in the following calendar year and describe how that support is projected to be used for the provision, maintenance, or upgrading of the carrier's facilities and services pursuant to section 254 of the Telecommunications Act of 1996. The prior calendar year and following calendar year reports must identify specific construction or upgrade projects, describe how service will be improved by each project, and provide the start date and completion date for each improvement, the amount of investment for each improvement, the specific geographic area where each improvement will be made, and the estimated population that will be served by each improvement. For eligible telecommunications carriers that are classified as the incumbent local exchange carrier, the information required must be submitted at the study area level. For other eligible telecommunications carriers, the information must be submitted at the incumbent local exchange carrier study area level. If a study area or designated service area includes geographic areas in more than one state, the information must also be submitted at the North Dakota level. 2. Detailed information on any outage, as that term is defined in 47 C.F.R. section 4.5, of at least thirty minutes in duration for each designated service area for any facilities it owns, operates, leases, or otherwise utilizes that potentially affect at least ten percent of the end users served in a designated service area, or a 911 special facility, as defined in 47 C.F.R. section 4.5(e). Specifically, the eligible telecommunications carrier's annual report must include information detailing: a. The date and time of onset of the outage; b. A brief description of the outage and its resolution; c. The particular services affected; d. The geographic areas affected by the outage; e. Steps taken to prevent a similar situation in the future; and f. The number of customers affected. Eligible telecommunications carriers may file a copy of federal communications commission outage reports that include the information required by this subsection to satisfy this requirement.
3. The number of requests for service from potential customers within the designated service area that were unfulfilled during the past year. The carrier shall also detail how it attempted to provide service to those potential customers. 4. The number of complaints per one thousand handsets or lines. 5. Certification that it is complying with applicable service quality standards and consumer protection rules. 6. Certification that the carrier is able to function in emergency situations. 7. Certification that the carrier is offering a local usage plan comparable to that offered by the incumbent LEC in the relevant designated service area. 8. Certification that the carrier acknowledges that the commission may require it to provide equal access to long-distance carriers in the event that no other eligible telecommunications carrier is providing equal access within the designated service area. Wireless carriers must certify that the carrier acknowledges that the federal communications commission may require it to provide equal access to long-distance carriers in the event no other eligible telecommunications carrier is providing equal access within the designated service area. N.D. Admin Code 69-09-05-12.1
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.7, 49-21-07