§  43.11   Reports of local exchange competition data.

   (a) All common carriers and their affiliates (as defined in 47 U.S.C.
   153(1)) providing telephone exchange or exchange access service (as
   defined in 47 U.S.C. 153(16) and (47)), commercial mobile radio service
   (CMRS) providers offering mobile telephony (as defined in
   §  20.15(b)(1) of this chapter), and Interconnected Voice over IP
   service providers (as defined in §  9.3 of this chapter), 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.

   (b) Respondents identified in paragraph (a) 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.

   (c) 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, and

   (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.

   (d) 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.

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

   [ 65 FR 19685 , Apr. 12, 2000, as amended at  69 FR 77938 , Dec. 29, 2004;
    73 FR 37881 , July 2, 2008;  78 FR 49149 , Aug. 13, 2013]

   Effective Date Note: At  78 FR 49149 , August 13, 2013, §  43.11 was
   amended by revising paragraphs (a), (b), and (c). This section contains
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.

   return arrow Back to Top