023-4 Wyo. Code R. §§ 4-13 - Requirements for Commission Designation of ETCs Pursuant to the Annual Certification Guidelines and Standards Set Forth in Part 54 of Title 47 of the CFR

(a) The Commission shall review the carrier's application for ETC designation for compliance with 47 U.S.C. §§ 214(e) and 254(f). The Commission shall determine whether any such designation serves the public interest, convenience and necessity. The Commission's public interest analysis shall consider the carrier's application; the carrier's response to the provisions set forth below; any cost-benefit analysis prepared by the carrier relating to customer choice; any advantages of the carrier's service offering; and evidence produced at hearing, if any hearing is held. The Commission shall consider the fundamental goals of preserving and advancing universal service to ensure the availability of quality telecommunications at just, reasonable, and affordable rates; and to promote the deployment of advanced telecommunications and information services to all regions of the state, including rural and high-cost areas.

(b) Each carrier seeking designation by the Commission as an ETC throughout a specified service area in order to receive "high cost support" as defined at 47 CFR § 54.5 shall satisfy the following subsections except (b)(xi). Each carrier seeking limited designation by the Commission as an ETC throughout a specified service area in order to receive Lifeline "low income" support as defined at 47 CFR § 54.400 et seq. shall satisfy the following subsections except (b)(v) and (viii).

(i) Demonstrate the carrier's technical, financial and managerial ability to provide to all customers making a reasonable request for service, and to advertise using media of general distribution, the following supported services throughout the service area for which it is requesting ETC designation:

(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.

(ii) Demonstrate the carrier will offer and advertise 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 area for which the carrier is seeking ETC designation;

(iii) Demonstrate the carrier's commitment and technical, financial and managerial ability to provide service on a timely basis to requesting customers within the carrier's service area where the carrier's network already passes the requesting customer's premises;

(iv) Demonstrate the carrier's commitment and technical, financial and managerial ability to provide service within a reasonable period of time, if a requesting customer is within the carrier's licensed or certificated service area, but outside its existing network coverage, if service can be provided at reasonable cost;

(v) Submit a five-year plan detailing on a local exchange area basis proposed improvements or upgrades to the carrier's network throughout the carrier's proposed designated service area. Each carrier shall demonstrate: how service quality, coverage, capacity, call completion and access, including broadband access, will improve due to the receipt of federal support; the projected start and completion dates and costs for each improvement; the specific geographic area where the improvements will be made; and the estimated population to be served as a result of the improvements;

(vi) Demonstrate the carrier's commitment and technical, financial and managerial ability to remain functional in emergency situations, including a demonstration that it has a reasonable amount of back-up power to ensure functionality without an external power source, is able to reroute traffic around damaged facilities and is capable of managing traffic spikes resulting from emergency situations;

(vii) Demonstrate the carrier will satisfy applicable consumer protection and service quality standards. A commitment by wireless applicants to comply with the Cellular Telecommunications and Internet Association's (CTIA) Consumer Code will satisfy this requirement. Other commitments will be considered on a case-by-case basis;

(viii) Demonstrate the carrier will offer a plan or plans, including minutes, price and coverage area, comparable to those offered where the carrier is seeking ETC designation;

(ix) Provide a detailed map of the service area for which the carrier is seeking ETC designation, 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;

(x) Demonstrate the carrier will offer the supported services using either entirely its own facilities or a combination of its own facilities and resale of another carrier's services or provide documentation from the FCC demonstrating approval of the carrier's "Compliance Plan" and receipt of forbearance from the "own facilities" provisions of federal law;

(xi) Provide 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, additional charges, if any, for toll calls, and rates for each such plan; and

(xii) Provide a copy of the carrier's application to the affected Tribal government and Tribal regulatory authority, as applicable, at the time the carrier files with the Commission for any Tribal lands included as part of the carrier's request for ETC designation.

Notes

023-4 Wyo. Code R. §§ 4-13

Adopted, Eff. 3/21/2016. Amended, Eff. 4/16/2018. Amended, Eff. 8/24/2020.