§  1.7001   Scope and content of filed reports.

   (a) Definitions. Terms used in this subpart have the following
   meanings:

   (1) Facilities-based providers. Those entities that provide broadband
   services over their own facilities or over Unbundled Network Elements
   (UNEs), special access lines, and other leased lines and wireless
   channels that the entity obtains from a communications service provider
   and equips as broadband.

   (2) One-way broadband lines or wireless channels. Lines or wireless
   channels with information carrying capability in excess of 200 kilobits
   per second in at least one direction, but not both.

   (3) Own facilities. Lines and wireless channels the entity actually
   owns and facilities that it obtained the right to use from other
   entities as dark fiber or satellite transponder capacity.

   (b) All commercial and government-controlled entities, including but
   not limited to common carriers and their affiliates (as defined in 47
   U.S.C. 153 (1)), cable television companies, terrestrial fixed wireless
   providers, terrestrial mobile wireless providers, satellite providers,
   utilities, and others, that are facilities-based providers shall file
   with the Commission a completed FCC Form 477, in accordance with the
   Commission's rules and the instructions to the FCC Form 477.

   (c) Respondents identified in paragraph (b) of this section shall
   include in each report a certification signed by an appropriate
   official of the respondent (as specified in the instructions to FCC
   Form 477) and shall report the title of their certifying official.

   (d) Disclosure of data contained in FCC Form 477 will be addressed as
   follows:

   (1) Emergency operations contact information contained in FCC Form 477
   are information that should not be routinely available for public
   inspection pursuant to §  0.457 of this chapter.

   (2) Respondents may make requests for Commission non-disclosure of the
   following data contained in FCC Form 477 under §  0.459 of this chapter
   by so indicating on Form 477 at the time that the subject data are
   submitted:

   (i) Provider-specific subscription data and

   (ii) Provider-specific mobile deployment data that includes specific
   spectrum and speed parameters that may be used by providers for
   internal network planning purposes.

   (3) Respondents seeking confidential treatment of any other data
   contained in FCC Form 477 must submit a request that the data be
   treated as confidential with the submission of their Form 477 filing,
   along with their reasons for withholding the information from the
   public, pursuant to §  0.459 of this chapter.

   (4) The Commission shall make all decisions regarding non-disclosure of
   provider-specific information, except that the Chief of the Wireline
   Competition Bureau may release provider-specific information to:

   (i) A state commission provided that the state commission has
   protections in place that would preclude disclosure of any confidential
   information,

   (ii) "Eligible entities," as those entities are defined in the
   Broadband Data Improvement Act, in an aggregated format and pursuant to
   confidentiality conditions prescribed by the Commission, and

   (iii) Others, to the extent that access to such data can be
   accomplished in a manner that addresses concerns about the competitive
   sensitivity of the data and precludes public disclosure of any
   confidential information.

   (e) Respondents identified in paragraph (b) of this section shall file
   a revised version of FCC Form 477 if and when they discover a
   significant error in their filed FCC Form 477. For counts, a difference
   amounting to 5 percent of the filed number is considered significant.
   For percentages, a difference of 5 percentage points is considered
   significant.

   (f) Failure to file the FCC Form 477 in accordance with the
   Commission's rules and the instructions to the Form 477 may lead to
   enforcement action pursuant to the Act and any other applicable law.

   [ 65 FR 19684 , Apr. 12, 2000;  65 FR 24654 , Apr. 27, 2000, as amended at
    67 FR 13224 , Mar. 21, 2002;  69 FR 77938 , Dec. 29, 2004;  69 FR 72027 ,
   Dec. 10, 2004;  73 FR 37881 , July 2, 2008;  78 FR 45470 , July 29, 2013;
    78 FR 49148 , Aug. 13, 2013]

   Effective Date Note: At  78 FR 49148 , Aug. 13, 2013, §  1.7001 was
   amended by removing paragraph (a)(2), redesignating paragraphs (a)(3)
   and (a)(4) as (a)(2) and (a)(3), revising newly redesignated paragraph
   (a)(2), and revising paragraphs (b), (c) and (d). These paragraphs
   contain information collection and recordkeeping requirements and will
   not become effective until approval has been given by the Office of
   Management and Budget.

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