(a) For an ETC previously designated by the Commission, or previously designated by the FCC, to be certified to receive support for the following calendar year, or to retain its ETC designation, each ETC shall submit to the Commission the annual reporting information listed below on or before July 15.
(b) Each ETC receiving any "high cost support" as defined at 47 CFR § 54.5, or any Lifeline "low income support" as defined at 47 CFR § 54.400 et seq., shall file an unredacted copy of the federal annual ETC report with supporting documentation. To the extent the following requirements are not fully satisfied by the report, include additional supplemental information. - (i) Detailed information on a local exchange area basis of any outage, as that term is defined in 47 CFR § 4.5, of at least 30 minutes in duration for each service area in which an ETC is designated for any facilities it owns, operates, leases or otherwise utilizes that potentially affect: at least 10% of the end users served in a designated service area; or, a 911 special facility, as defined in 47 CFR § 4.5(e). Specifically, the ETC'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.
- (ii) For high cost support recipients only, documentation detailing the number of requests for service from potential customers within the ETC's service areas that were unfulfilled, including how it attempted to provide service to those potential customers, as set forth in Rules 13(b)(iii) and (iv);
- (iii) Documentation detailing the number of complaints per 1,000 connections (fixed or mobile;
- (iv) Documentation detailing how the carrier is complying with applicable consumer protection and service quality standards, or for wireless carriers, the CTIA Consumer Code;
- (v) Documentation detailing how the carrier is able to function in emergency situations as set forth in Rule 13(b)(vi).
- (vi) Documentation detailing the carrier's holding Company, operating Companies, affiliates that are designated ETC's and/or provide retail broadband service, and any branding (a "d/b/a" or brand designation), as well as universal service identifiers. "Affiliates" is defined as "a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person." "Own" means to own an equity interest (or the equivalent thereof) of more than 10%;
- (vii) For high cost support recipients only, to the extent the carrier serves federally recognized Tribal lands, documentation demonstrating the ETC had discussions with Tribal governments that, at a minimum, included:
- (A) A needs assessment and deployment planning with a focus on Tribal community anchor institutions;
- (B) Feasibility and sustainability planning;
- (C) Marketing services in a culturally sensitive manner;
- (D) Rights of way processes, land use permitting, facilities siting, environmental and cultural preservation review processes; and
- (E) Compliance with Tribal business and licensing requirements. Tribal business and licensing requirements include business practice licenses that Tribal and Non-Tribal business entities, whether located on or off Tribal lands, must obtain upon application to the relevant Tribal government office or division to conduct any business or trade, or deliver any goods or services to the tribes, Tribal members or Tribal lands.
- (viii) For low income only recipients, documentation describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, any additional charges for toll calls and rates for each such plan; and
- (ix) Documentation detailing how the carrier offers and advertises the prices and availability of the Lifeline and Tribal Linkup programs in a manner designed to reach those likely to qualify for these programs, throughout the service areas for which the carrier has been designated an ETC.
(c) Each ETC shall submit the following additional documentation: - (i) If not already on file, a current detailed map of the service areas for which the carrier has been designated an ETC, including the location and the effective coverage area of each cellular tower, if applicable. The Commission may require such maps be submitted in a designated electronic format;
- (ii) Documentation detailing the total amount of all federal "high cost" and "low income" support received in the previous calendar year and in the current year to date, categorized by "support mechanism;"
- (iii) For high cost support recipients only, documentation detailing on a local exchange area basis, if available, expenditures for the previous calendar year and the current year to date, for the provision, maintenance and upgrading of facilities and services for which the support is intended where the carrier has been designated an ETC;
- (iv) Documentation, or reference to approved price schedule, detailing how the carrier offers the supported services, listed below, throughout the service areas in Wyoming where the carrier has been designated an ETC:
- (A) Voice grade access to the public switched network or its functional equivalent;
- (B) Minutes of use for local service provided at no additional charge to end users;
- (C) Access to the emergency services provided by local government or other public safety organizations, such as 911 and enhanced 911 to the extent these systems have been implemented; and
- (D) Toll limitation services to qualifying low income consumers.
- (v) If not already on file, a copy of the current service agreement the carrier offers to its universal service customers, including all terms and conditions.
(d) Each ETC receiving less than $5,000 in the aggregate of either "high cost" or "low income" support, may apply to the Commission for a waiver of all or part of these annual filings. Waivers will be considered on a case-by-case basis.
023-4 Wyo. Code R. § 4-14