§ 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]

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