§ 54.202   Additional requirements for Commission designation of eligible
telecommunications carriers.

   (a) In order to be designated an eligible telecommunications carrier under
   section 214(e)(6), any common carrier in its application must:

   (1)(i) Certify that it will comply with the service requirements applicable
   to the support that it receives.

   (ii)  Submit a five-year plan that describes with specificity proposed
   improvements or upgrades to the applicant's network throughout its proposed
   service area. Each applicant shall estimate the area and population that
   will be served as a result of the improvements. Except, a common carrier
   seeking designation as an eligible telecommunications carrier in order to
   provide supported services only under subpart E of this part does not need
   to submit such a five-year plan.

   (2) Demonstrate its 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.

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

   (4)   For   common   carriers   seeking  designation  as  an  eligible
   telecommunications carrier for purposes of receiving support only under
   subpart E of this part, demonstrate that it is financially and technically
   capable of providing the Lifeline service in compliance with subpart E of
   this part.

   (5)   For   common   carriers   seeking  designation  as  an  eligible
   telecommunications carrier for purposes of receiving support only under
   subpart  E  of  this part, submit information 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. To the extent the eligible telecommunications carrier offers
   plans to Lifeline subscribers that are generally available to the public, it
   may provide summary information regarding such plans, such as a link to a
   public Web site outlining the terms and conditions of such plans.

   (b)  Public  interest  standard.  Prior  to  designating  an  eligible
   telecommunications carrier pursuant to section 214(e)(6), the Commission
   determines that such designation is in the public interest.

   (c) A common carrier seeking designation as an eligible telecommunications
   carrier under section 214(e)(6) for any part of Tribal lands shall provide a
   copy of its petition to the affected tribal government and tribal regulatory
   authority, as applicable, at the time it files its petition with the Federal
   Communications Commission. In addition, the Commission shall send any public
   notice  seeking comment on any petition for designation as an eligible
   telecommunications carrier on Tribal lands, at the time it is released, to
   the  affected  tribal  government  and tribal regulatory authority, as
   applicable, by the most expeditious means available.

   [ 77 FR 12966 , Mar. 2, 2012]

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