Data Specifications for Collecting Study Area Boundaries, 5750-5753 [2013-00840]
Download as PDF
5750
Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations
constructed. An incumbent LEC shall
perform all routine network
modifications to unbundled dedicated
transport facilities in a
nondiscriminatory fashion, without
regard to whether the facility being
accessed was constructed on behalf, or
in accordance with the specifications, of
any carrier.
(ii) A routine network modification is
an activity that the incumbent LEC
regularly undertakes for its own
customers. Routine network
modifications include, but are not
limited to, rearranging or splicing of
cable; adding an equipment case; adding
a doubler or repeater; installing a
repeater shelf; and deploying a new
multiplexer or reconfiguring an existing
multiplexer. They also include activities
needed to enable a requesting
telecommunications carrier to light a
dark fiber transport facility. Routine
network modifications may entail
activities such as accessing manholes,
deploying bucket trucks to reach aerial
cable, and installing equipment casings.
Routine network modifications do not
include the installation of new aerial or
buried cable for a requesting
telecommunications carrier.
*
*
*
*
*
PART 69—ACCESS CHARGES
5. The authority citation for part 69
continues to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 203,
205, 218, 220, 254, 403.
§ 69.2
[Amended]
Remove and reserve § 69.2(y).
Amend § 69.415 by revising paragraph
(c)(4) to read as follows:
§ 69.415 Reallocation of certain transport
expenses.
*
*
*
*
*
(c) * * *
(4) The common line revenue
requirement shall include Interstate
Common Line Support as provided in
§ 54.901 of this chapter.
§ 69.502
[Amended]
6. Amend § 69.502 by removing
paragraph (c) and redesignating
paragraphs (d) and (e) as paragraphs (c)
and (d), respectively.
pmangrum on DSK3VPTVN1PROD with
■
[FR Doc. 2013–00838 Filed 1–25–13; 8:45 am]
BILLING CODE 6712–01–P
VerDate Mar<15>2010
15:13 Jan 25, 2013
Jkt 229001
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 10–90 and 05–337; DA
12–1777]
Data Specifications for Collecting
Study Area Boundaries
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Wireline Competition Bureau (Bureau)
adopts data specifications for collecting
incumbent local exchange carrier (LEC)
study area boundaries. The Bureau will
use the maps to analyze costs of LECs
and determine which LECs are eligible
for support to deliver
telecommunications and information
services in rural and high cost areas,
and to implement certain reforms to
universal service support. The data will
be used as an essential input in a model
that determines the level of high cost
support for rate of return carriers. The
Bureau will also use the data to
determine whether unsubsidized
competitors offer service within all or a
portion of an incumbent LEC’s study
area, and to phase out support where
unsubsidized competitors offer voice
and broadband service throughout an
entire study area. Commission intends
to allocate support among eligible LECs
in a manner that best ensures that
consumers in rural and high cost area
have services and rates that are
reasonably comparable to those in urban
areas.
DATES: Effective February 27, 2013,
except for the requirements contained in
paragraph 16 and Appendix A of
document DA 12–1777, which contain
new or modified information collection
requirements, and require approval by
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (PRA), Public Law 104–13.
These requirements shall become
effective after the Commission publishes
a separate document in the Federal
Register announcing such approval and
the relevant effective date(s).
FOR FURTHER INFORMATION CONTACT:
Chelsea Fallon, Assistant Division
Chief, at 202–418–7991, Industry
Analysis & Technology Division,
Wireline Competition Bureau. For
additional information concerning the
PRA information collection
requirements contained in this
document, send an email to
PRA@fcc.gov or contact Judith B.
Herman at 202–418–0214.
SUMMARY:
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
This is a
summary of the Bureau’s Report and
Order (R&O) in WC Docket No. 10–90;
WC Docket No. 05–337; DA 12–1777,
released on November 6, 2012. The full
text of this document is available for
public inspection during regular
business hours in the FCC Reference
Center, Room CY–A257, 445 12th Street
SW., Washington, DC 20554, and may
also be purchased from the
Commission’s copy contractor, BCPI,
Inc., Portals II, 445 12th Street SW.,
Room CY–B402, Washington, DC 20554.
Customers may contact BCPI, Inc. via
their Web site, https://www.bcpi.com, or
call 1–800–378–3160. This document is
available in alternative formats
(computer diskette, large print, audio
record, and Braille). Persons with
disabilities who need documents in
these formats may contact the FCC by
email: FCC504@fcc.gov or phone: 202–
418–0530 or TTY: 202–418–0432.
SUPPLEMENTARY INFORMATION:
Synopsis of Report and Order
1. In this Report and Order (R&O), the
Wireline Competition Bureau (Bureau)
adopts data specifications for collecting
study area boundaries for purposes of
implementing various reforms adopted
as part of the USF/ICC Transformation
Order, 76 FR 73830, November 29, 2011.
In the USF/ICC Transformation Order,
the Commission comprehensively
reformed universal service funding for
high-cost, rural areas, adopting fiscally
responsible, accountable, incentivebased policies to preserve and advance
voice and broadband service. As
discussed below, confirming the
relevant geographic boundaries is
important for implementing several
components of those reforms, including:
the Commission’s benchmarking rule
and the elimination of support where an
unsubsidized competitor offers voice
and broadband service that overlaps an
incumbent carrier’s study area. On June
1, 2012, the Bureau issued the Study
Area Boundaries Public Notice, 77 FR
37402, June 21, 2012, which proposed
collecting study area and exchange
boundary data from all incumbent LECs.
Specifically, the Bureau proposed
requiring all incumbent LECs to submit
study area boundary data in an esri
shapefile format with certain identifying
feature attributes. The R&O adopts that
proposal.
2. Benchmarking Rule. In the USF/
ICC Transformation Order, the
Commission adopted a benchmarking
rule intended to moderate the expenses
of rate-of-return carriers with very high
costs compared to their similarly
situated peers, while encouraging other
rate-of-return carriers to advance
broadband deployment. On April 25,
E:\FR\FM\28JAR1.SGM
28JAR1
Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations
pmangrum on DSK3VPTVN1PROD with
2012, the Bureau adopted the
methodology for implementing this rule,
which establishes limits on recovery of
capital costs and operating expenses for
high-cost loop support (HCLS). The
methodology uses quantile regression
analyses to generate a capital expense
limit and an operating expense limit for
each rate-of-return cost company study
area. In the HCLS Benchmarks
Implementation Order, the Bureau
relied on Tele Atlas wire center
boundaries as an interim source for
study area boundaries. Tele Atlas is a
widely-used commercial source of this
information. As an interim measure to
address expressed concerns that the
Tele Atlas boundaries used in the
benchmark methodology misstate some
rate-of-return study areas, the Bureau
provided a streamlined, expedited
waiver process for incumbent LECs
affected by the HCLS benchmarks to
correct errors on an ad hoc basis, while
obtaining public input on a proposed
process to collect new nationwide data
on study areas boundaries.
3. In the USF/ICC Transformation
Order, the Commission adopted a rule
to phase out universal service support
where an unsubsidized competitor—or a
combination of unsubsidized
competitors—offers voice and
broadband service throughout 100
percent of an incumbent’s study area. In
the USF/ICC Transformation FNPRM,
76 FR 78384, December 16, 2011, the
Commission sought comment on a
process to reduce support where such
an unsubsidized competitor offers voice
and broadband service to a substantial
majority, but not 100 percent of the
study area. Study area boundaries are
needed to determine whether
unsubsidized competitors offer service
within all or a portion of an incumbent’s
study area.
4. On June 1, 2012, the Bureau issued
the Study Area Boundaries Public
Notice which proposed collecting study
area and exchange boundary data from
all incumbent LECs. Specifically, the
Bureau proposed requiring all
incumbent LECs to submit study area
boundary data in an esri shapefile
format with certain identifying feature
attributes. The Bureau sought comment
on this proposal, along with whether to
allow states to assist incumbent LECs in
submitting boundary data and how to
resolve any overlap issues.
Collection and Certification of Study
Area Boundaries
5. Collecting Study Area and
Exchange Boundaries. In this R&O, the
Bureau requires incumbent LECs to
submit esri shapefiles of their study area
boundaries, with each submitted
VerDate Mar<15>2010
15:13 Jan 25, 2013
Jkt 229001
shapefile representing a single study
area in each state that the incumbent
LEC serves. The shapefile for each study
area must depict each exchange within
the study area as a closed, nonoverlapping polygon. Each exchangearea polygon must constitute one record
in the shapefile and must contain
associated data with certain attributes
used to identify the exchange, such as
the exchange name and CLLI (Common
Language Location Identifier) code. The
Bureau will collect study area boundary
data at the exchange level so that it can
distinguish those exchanges that are
subject to ‘‘frozen’’ support levels from
those that are not, and so that the data
can be updated to reflect any exchanges
that have been transferred from one
incumbent LEC to another.
6. Collecting Data in ESRI Shapefile
Format. The Bureau finds that collecting
study area boundary data in an esri
shapefile format best balances the need
for accurate and timely data with the
goal of minimizing burdens on
providers. A number of commenters
support this approach. The use of a
single data format will facilitate the
creation of a complete, accurate,
uniformly-formatted, publicly-available,
and easily-accessible set of study area
boundary data. Having all of the data
submitted in a uniform format will
enable us to access, analyze, and
aggregate the study area boundaries
using the same software program,
thereby minimizing the delay and
inaccuracies associated with analyzing
data in inconsistent formats or
converting data to a single format.
7. The Bureau finds that the esri
shapefile is the best among possible data
formats. Since its introduction in the
1990s, the esri shapefile has become the
industry standard for storing, depicting,
and analyzing spatial data. As a result,
there are multiple geographic
information system (GIS) platforms
capable of creating and managing esri
shapefiles, and multiple software
programs can convert spatial data stored
in other formats (such as MapInfo) to an
esri shapefile format. Therefore,
incumbent LECs or state entities that
maintain spatial data on study area
boundaries in another format should be
able to convert such data to an esri
shapefile format. In addition, there are
many GIS specialists and engineering
consultants in the United States that are
able to provide expertise and develop
spatial data for incumbent LECs and
state entities without internal GIS
resources.
8. Incumbent LECs and states entities
are most familiar with the various
factors—such as local geography and
topography, customer locations,
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
5751
network configuration, and state
obligations—that determine individual
study area boundaries, and therefore are
best suited to undertake the conversion
of existing map data to an esri shapefile,
because they can identify and
immediately correct any errors that
might occur in this conversion process.
Incumbent LECs that do not already
have esri shapefiles of their study area
boundaries may either use software and
information technology, and/or rely on
the expertise of consultants, to develop
a shapefile based on the presumably
known locations of their physical plant
and their customers. Thus, the benefits
gained by requiring incumbent LECs to
provide and verify esri shapefiles
warrant the potential burdens imposed.
9. Incumbent LECs or other entities
are not expected to conduct physical
surveys in order to produce the degree
of accuracy required by the data
specification. Incumbent LECs
reasonably can be expected to know
where they offer services and thus
should be able to create and submit an
esri shapefile to the degree of accuracy
required based largely on existing
information.
10. The Bureau also rejects the
argument that the boundary data
collection requirements should be
shifted to the state commission in cases
where the incumbent LEC is unable to
reasonably comply. The Bureau
encourages states to assist in this
endeavor, but recognizes that some state
commissions may have limited
resources to undertake this
responsibility, particularly if there are
numerous incumbent LECs within the
state.
11. State Involvement. State entities to
voluntarily submit shapefiles on behalf
of any and/or all incumbent LECs
within their states. State entities are
well situated to assist incumbent LECs
with their responsibilities under this
R&O. Involvement of state entities that
undertake or assist with this data
collection effort could reduce the
burden on incumbent LECs and on
Commission staff, particularly because
some states already have digitized
service territory boundaries. State
entities wishing to submit such data
should notify the Commission in
writing of their intention to do so and
submit that notice to WC Docket No.
10–90 via the Commission’s Electronic
Comment Filing System (ECFS). The
Bureau will release a Public Notice
identifying the deadlines for these
notices (as well as the deadlines for the
shapefile submissions and incumbent
LEC certifications).
12. Ultimately, however, the
incumbent LECs are responsible for
E:\FR\FM\28JAR1.SGM
28JAR1
pmangrum on DSK3VPTVN1PROD with
5752
Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations
reviewing, verifying, and certifying that
the study area boundary data are
accurate and for ensuring that the
ongoing obligations, such as updating of
information, are satisfied. Accordingly,
in cases where a state entity uploads
data to the Commission-sponsored Web
site on behalf of one or more incumbent
LECs, each incumbent LEC whose data
are submitted by the state must log into
the Web site to review the shapefile. If
the incumbent LEC has a reasonable
basis to conclude the shapefile is
correct, the incumbent LEC can certify
and submit the data using the same web
interface. The reporting obligation set
forth in this R&O ultimately rests with
incumbent LECs; state commissions
may not certify as to the accuracy of the
data on behalf of incumbent LECs. If the
incumbent LEC cannot certify that the
data submitted by the state commission
are correct, the incumbent LEC must so
notify the Bureau and upload corrected
data, either on its own or in conjunction
with the state entity that filed it. The
incumbent LEC can then certify that the
study area boundary data are accurate.
13. Incumbent LEC Certification. After
reviewing and, if necessary, correcting
the study area boundary data submitted
by itself or a state entity, each
incumbent LEC must certify the
accuracy of the data. An official of the
firm, such as a corporate officer,
managing partner, or sole proprietor,
must provide an electronic signature
certifying that he or she has examined
the study area boundary shapefile and
that, to the best of his or her knowledge,
information, and belief, the data
contained in the shapefile are accurate
and correct. The certifying official may
be different from the GIS specialist or
other individual who developed the
study area boundary shapefile, and the
web interface will allow filers to enter
contact information for both the
certifying official and the individual
most knowledgeable about the spatial
data.
14. Data Reconciliation. Once the
shapefiles have been submitted and
certified, the Bureau will review the
study area boundaries and resolve any
voids and overlaps. Overlap areas
would be those shown to be served by
more than one incumbent LEC, while
void areas would be those shown to be
served by no incumbent LEC. The
Bureau will attempt to distinguish
unpopulated void areas from populated
void areas that are likely to be served by
some incumbent LEC, in which case an
error in the submitted data may need to
be resolved. The Bureau may also seek
help from state commissions to resolve
gaps, voids, and overlap issues. During
review, if boundary overlaps or void
VerDate Mar<15>2010
15:13 Jan 25, 2013
Jkt 229001
areas are found in the submitted
boundary data, the Bureau will contact
the filer(s) to resolve such issues. Once
these issues are resolved, the Bureau
will ask incumbent LECs to recertify the
new, corrected boundaries. When a
complete set of the reconciled
boundaries has been compiled the study
area boundary data will be published.
Non-Filers
15. The Bureau will contact, either
directly or via a state entity, any
incumbent LEC that does not submit
study area boundary data in the format
requested by the required date and
request that the incumbent LEC submit
the required shapefiles within 30 days.
The Bureau will also contact any
incumbent LEC that has not certified the
accuracy of the required study area data,
whether filed by the incumbent LEC
itself or by another party, and request
that the incumbent LEC certify the data,
or submit corrected data, within 30
days. Compliance with the rules
adopted in this R&O is mandatory, and
failure to comply may lead to
enforcement action, including forfeiture
penalties, pursuant to the
Communications Act and other
applicable law.
Mandatory Updating and
Recertification of Study Area
Boundaries
16. It is critical to our universal
service reform implementation efforts to
ensure that the boundary area data do
not become out-of-date. Therefore,
incumbent LECs must provide updated
data when their study area boundaries
change. Study area boundaries can
change as the result of a transaction
involving the addition or sale of
exchanges; new deployment into
previously-unserved areas, such as a
new housing subdivision; or an
incumbent LEC relinquishing its ETC
designation and no longer being
obligated to serve an area as a carrier of
last resort. Incumbent LECs and/or state
entities must submit updated data by
March 15 of each year, beginning the
year following the initial data
submissions, showing any changes
made by December 31 of the previous
year. The incumbent LEC is responsible
for making any necessary changes and
for filing the revised shapefile. The
changes cannot be made using the web
interface itself; incumbent LECs will
need to modify the shapefile. However,
incumbent LECs can upload a revised
shapefile to the same Web site used for
the original filing. In addition, all
incumbent LECs must recertify their
study area boundary data every two
years. Filers will need to examine,
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
through the web interface described
below, the boundary data previously
submitted, and then either certify that
they are correct or submit revised data.
Filing Procedures
17. Once OMB has completed its
review of the study area boundary data
collection requirements adopted today,
the Bureau will issue a Public Notice
providing detailed instructions and
announcing the deadline for the
submission of data. Each incumbent
LEC or submitting state entity will need
to log into the web interface, at the
announced Web site URL, to upload the
data. After logging in, the submitting
entity will provide contact information
for the individual most knowledgeable
about the study area boundary data, in
case questions about the submitted data
arise. After completing the contact
information, the incumbent LEC or state
entity will upload a single zip file
containing the required files per
Appendix A. Once the zip file has been
uploaded, the web interface will display
a map of the submitted data on the
filer’s screen, allowing the filer to
review the map and associated data for
accuracy and completeness before
certifying and submitting it. In cases
where a state entity has uploaded data
on behalf of an incumbent LEC(s), each
incumbent LEC will be required to log
in to the filing system separately to
review and certify that the data are
correct prior to submitting them. A
corporate officer of an incumbent LEC
will need to provide contact information
and certify under penalty of perjury that
he or she has examined the study area
boundary shapefile and that—to the best
of his or her knowledge, information,
and belief—the data contained in the
shapefile are accurate and correct. If the
data need to be revised, the incumbent
LEC or state entity will have to correct
the data before the incumbent LEC
certifies and submits them.
Congressional Review Act
18. The Commission will send a copy
of this R&O in a report to be sent to
Congress and the Government
Accountability Office, pursuant to the
Congressional Review Act.
Paperwork Reduction Act
19. This R&O contains new
information collection requirements
subject to the PRA. It will be submitted
to OMB for review under section
3507(d) of the PRA. OMB, the general
public, and other Federal agencies are
invited to comment on the new
information collection requirements
contained in this proceeding.
E:\FR\FM\28JAR1.SGM
28JAR1
Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations
Ordering Clauses
pmangrum on DSK3VPTVN1PROD with
1. Pursuant to sections 1, 2, 4(i), 201–
205, 218–220, 254, 256, 303(r), and 403
of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
201–205, 218–220, 254, 303(r), and 403,
and §§ 0.91, 0.201(d), 0.291, and 1.427
of the Commission’s rules, 47 CFR 0.91,
0.201(d), 0.291, 1.427, and pursuant to
the delegations of authority in
paragraphs 157, 184, 187, 192, 217 of
the USF/ICC Transformation Order,
document DA 12–1777 is adopted.
2. Document DA 12–1777 shall be
effective thirty (30) days after
publication in the Federal Register,
except for the requirements contained in
paragraph 16 and Appendix A, which
are subject to the PRA. These
requirements include new or modified
information collection requirements that
require approval by OMB under the
PRA, and shall become effective after
the Commission publishes a document
in the Federal Register announcing
such approval and the relevant effective
date(s).
3. The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
document DA 12–1777, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
4. The Commission shall send a copy
of document DA 12–1777 to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
VerDate Mar<15>2010
15:13 Jan 25, 2013
Jkt 229001
Federal Communications Commission.
Julie A. Veach,
Chief, Wireline Competition Bureau.
Appendix A—Specification for Study Area
Boundary Submission
1. General. Incumbent local exchange
carriers (LECs) must submit study area and
exchange boundaries. For the purposes of
this collection, boundary does not refer to an
architectural or engineering drawing, meets
and bounds descriptions or other surveyed
body of work. Boundary does refer to the
general extent of the incumbent LEC’s
exchange which can be identified on a base
map scale of 1:24,000. Boundaries must be
submitted in esri compatible shapefile format
such that each shapefile represents a single
study area. The shapefile must contain one
data record for each exchange that constitutes
the study area. Each exchange should be
represented as a closed, non-overlapping
polygon with the associated feature attributes
described below. Uploaded boundaries must
be accompanied by metadata or a plain text
‘‘readme’’ file containing the information
listed below. When submitting the study area
boundaries, an officer of the LEC must certify
under penalty of perjury that the information
accurately portrays the LEC’s study area to
the best of his/her knowledge.
2. Since shapefiles typically consist of 3 to
9 individual files, the shapefile for the study
area should be submitted as a single, zipped
file containing all the component files. The
shapefile and encapsulating zip file names
must contain the company name and the 6digit study area code. Shapefile templates are
available at https://transition.fcc.gov/wcb/
iatd/neca.html.
Note that submitted boundaries are public
data and may be used in published FCC
documents and Web pages.
3. Shapefile. A shapefile template is
available at https://transition.fcc.gov/wcb/
iatd/neca.html. Submitted shapefiles must:
A. Contain one closed, non-overlapping
polygon for each exchange in the study area
PO 00000
Frm 00047
Fmt 4700
Sfmt 9990
5753
that represents the area served from that
exchange.
B. Have associated with each exchange
polygon the following identifying feature
attributes:
1. OCN–NECA-assigned operating
company number as in the LERG.
2. Company Name.
3. Exchange Name.
4. Acquired Exchange subject to § 54.305 of
the Commission’s rules.
5. CLLI Code(s) associated with the
exchange.
6. Study Area Code.
7. State.
8. FRN (please use the FRN used for the
477 filing in the state).
C. Have an assigned projection w/
accompanying .prj file.
D. Use unprojected (geographic) WGS84
geographic coordinate system.
E. Have a minimum horizontal accuracy of
+/¥ 40 feet or less, conforming to 1:24K
national mapping standards.
F. Be submitted as a WinZip archive with
a name containing the company name and
study area code (e.g.,
CompanyName_123456.zip).
4. Cover Page Information. In addition to
the shapefile data described above, the
Bureau also will collect electronically the
following information:
A. Contact person name.
B. Contact person address.
C. Contact person phone number.
D. Contact person email address.
E. Date created/revised.
F. Methodology—process steps to create
the data.
G. Certifying official name.
H. Certifying official address.
I. Certifying official phone number.
J. Certifying official email address.
Federal Communications Commission.
Julie A.Veach,
Chief, Wireline Competition Bureau.
[FR Doc. 2013–00840 Filed 1–25–13; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\28JAR1.SGM
28JAR1
Agencies
[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Rules and Regulations]
[Pages 5750-5753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00840]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket Nos. 10-90 and 05-337; DA 12-1777]
Data Specifications for Collecting Study Area Boundaries
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Wireline Competition Bureau (Bureau)
adopts data specifications for collecting incumbent local exchange
carrier (LEC) study area boundaries. The Bureau will use the maps to
analyze costs of LECs and determine which LECs are eligible for support
to deliver telecommunications and information services in rural and
high cost areas, and to implement certain reforms to universal service
support. The data will be used as an essential input in a model that
determines the level of high cost support for rate of return carriers.
The Bureau will also use the data to determine whether unsubsidized
competitors offer service within all or a portion of an incumbent LEC's
study area, and to phase out support where unsubsidized competitors
offer voice and broadband service throughout an entire study area.
Commission intends to allocate support among eligible LECs in a manner
that best ensures that consumers in rural and high cost area have
services and rates that are reasonably comparable to those in urban
areas.
DATES: Effective February 27, 2013, except for the requirements
contained in paragraph 16 and Appendix A of document DA 12-1777, which
contain new or modified information collection requirements, and
require approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. These
requirements shall become effective after the Commission publishes a
separate document in the Federal Register announcing such approval and
the relevant effective date(s).
FOR FURTHER INFORMATION CONTACT: Chelsea Fallon, Assistant Division
Chief, at 202-418-7991, Industry Analysis & Technology Division,
Wireline Competition Bureau. For additional information concerning the
PRA information collection requirements contained in this document,
send an email to PRA@fcc.gov or contact Judith B. Herman at 202-418-
0214.
SUPPLEMENTARY INFORMATION: This is a summary of the Bureau's Report and
Order (R&O) in WC Docket No. 10-90; WC Docket No. 05-337; DA 12-1777,
released on November 6, 2012. The full text of this document is
available for public inspection during regular business hours in the
FCC Reference Center, Room CY-A257, 445 12th Street SW., Washington, DC
20554, and may also be purchased from the Commission's copy contractor,
BCPI, Inc., Portals II, 445 12th Street SW., Room CY-B402, Washington,
DC 20554. Customers may contact BCPI, Inc. via their Web site, https://www.bcpi.com, or call 1-800-378-3160. This document is available in
alternative formats (computer diskette, large print, audio record, and
Braille). Persons with disabilities who need documents in these formats
may contact the FCC by email: FCC504@fcc.gov or phone: 202-418-0530 or
TTY: 202-418-0432.
Synopsis of Report and Order
1. In this Report and Order (R&O), the Wireline Competition Bureau
(Bureau) adopts data specifications for collecting study area
boundaries for purposes of implementing various reforms adopted as part
of the USF/ICC Transformation Order, 76 FR 73830, November 29, 2011. In
the USF/ICC Transformation Order, the Commission comprehensively
reformed universal service funding for high-cost, rural areas, adopting
fiscally responsible, accountable, incentive-based policies to preserve
and advance voice and broadband service. As discussed below, confirming
the relevant geographic boundaries is important for implementing
several components of those reforms, including: the Commission's
benchmarking rule and the elimination of support where an unsubsidized
competitor offers voice and broadband service that overlaps an
incumbent carrier's study area. On June 1, 2012, the Bureau issued the
Study Area Boundaries Public Notice, 77 FR 37402, June 21, 2012, which
proposed collecting study area and exchange boundary data from all
incumbent LECs. Specifically, the Bureau proposed requiring all
incumbent LECs to submit study area boundary data in an esri shapefile
format with certain identifying feature attributes. The R&O adopts that
proposal.
2. Benchmarking Rule. In the USF/ICC Transformation Order, the
Commission adopted a benchmarking rule intended to moderate the
expenses of rate-of-return carriers with very high costs compared to
their similarly situated peers, while encouraging other rate-of-return
carriers to advance broadband deployment. On April 25,
[[Page 5751]]
2012, the Bureau adopted the methodology for implementing this rule,
which establishes limits on recovery of capital costs and operating
expenses for high-cost loop support (HCLS). The methodology uses
quantile regression analyses to generate a capital expense limit and an
operating expense limit for each rate-of-return cost company study
area. In the HCLS Benchmarks Implementation Order, the Bureau relied on
Tele Atlas wire center boundaries as an interim source for study area
boundaries. Tele Atlas is a widely-used commercial source of this
information. As an interim measure to address expressed concerns that
the Tele Atlas boundaries used in the benchmark methodology misstate
some rate-of-return study areas, the Bureau provided a streamlined,
expedited waiver process for incumbent LECs affected by the HCLS
benchmarks to correct errors on an ad hoc basis, while obtaining public
input on a proposed process to collect new nationwide data on study
areas boundaries.
3. In the USF/ICC Transformation Order, the Commission adopted a
rule to phase out universal service support where an unsubsidized
competitor--or a combination of unsubsidized competitors--offers voice
and broadband service throughout 100 percent of an incumbent's study
area. In the USF/ICC Transformation FNPRM, 76 FR 78384, December 16,
2011, the Commission sought comment on a process to reduce support
where such an unsubsidized competitor offers voice and broadband
service to a substantial majority, but not 100 percent of the study
area. Study area boundaries are needed to determine whether
unsubsidized competitors offer service within all or a portion of an
incumbent's study area.
4. On June 1, 2012, the Bureau issued the Study Area Boundaries
Public Notice which proposed collecting study area and exchange
boundary data from all incumbent LECs. Specifically, the Bureau
proposed requiring all incumbent LECs to submit study area boundary
data in an esri shapefile format with certain identifying feature
attributes. The Bureau sought comment on this proposal, along with
whether to allow states to assist incumbent LECs in submitting boundary
data and how to resolve any overlap issues.
Collection and Certification of Study Area Boundaries
5. Collecting Study Area and Exchange Boundaries. In this R&O, the
Bureau requires incumbent LECs to submit esri shapefiles of their study
area boundaries, with each submitted shapefile representing a single
study area in each state that the incumbent LEC serves. The shapefile
for each study area must depict each exchange within the study area as
a closed, non-overlapping polygon. Each exchange-area polygon must
constitute one record in the shapefile and must contain associated data
with certain attributes used to identify the exchange, such as the
exchange name and CLLI (Common Language Location Identifier) code. The
Bureau will collect study area boundary data at the exchange level so
that it can distinguish those exchanges that are subject to ``frozen''
support levels from those that are not, and so that the data can be
updated to reflect any exchanges that have been transferred from one
incumbent LEC to another.
6. Collecting Data in ESRI Shapefile Format. The Bureau finds that
collecting study area boundary data in an esri shapefile format best
balances the need for accurate and timely data with the goal of
minimizing burdens on providers. A number of commenters support this
approach. The use of a single data format will facilitate the creation
of a complete, accurate, uniformly-formatted, publicly-available, and
easily-accessible set of study area boundary data. Having all of the
data submitted in a uniform format will enable us to access, analyze,
and aggregate the study area boundaries using the same software
program, thereby minimizing the delay and inaccuracies associated with
analyzing data in inconsistent formats or converting data to a single
format.
7. The Bureau finds that the esri shapefile is the best among
possible data formats. Since its introduction in the 1990s, the esri
shapefile has become the industry standard for storing, depicting, and
analyzing spatial data. As a result, there are multiple geographic
information system (GIS) platforms capable of creating and managing
esri shapefiles, and multiple software programs can convert spatial
data stored in other formats (such as MapInfo) to an esri shapefile
format. Therefore, incumbent LECs or state entities that maintain
spatial data on study area boundaries in another format should be able
to convert such data to an esri shapefile format. In addition, there
are many GIS specialists and engineering consultants in the United
States that are able to provide expertise and develop spatial data for
incumbent LECs and state entities without internal GIS resources.
8. Incumbent LECs and states entities are most familiar with the
various factors--such as local geography and topography, customer
locations, network configuration, and state obligations--that determine
individual study area boundaries, and therefore are best suited to
undertake the conversion of existing map data to an esri shapefile,
because they can identify and immediately correct any errors that might
occur in this conversion process. Incumbent LECs that do not already
have esri shapefiles of their study area boundaries may either use
software and information technology, and/or rely on the expertise of
consultants, to develop a shapefile based on the presumably known
locations of their physical plant and their customers. Thus, the
benefits gained by requiring incumbent LECs to provide and verify esri
shapefiles warrant the potential burdens imposed.
9. Incumbent LECs or other entities are not expected to conduct
physical surveys in order to produce the degree of accuracy required by
the data specification. Incumbent LECs reasonably can be expected to
know where they offer services and thus should be able to create and
submit an esri shapefile to the degree of accuracy required based
largely on existing information.
10. The Bureau also rejects the argument that the boundary data
collection requirements should be shifted to the state commission in
cases where the incumbent LEC is unable to reasonably comply. The
Bureau encourages states to assist in this endeavor, but recognizes
that some state commissions may have limited resources to undertake
this responsibility, particularly if there are numerous incumbent LECs
within the state.
11. State Involvement. State entities to voluntarily submit
shapefiles on behalf of any and/or all incumbent LECs within their
states. State entities are well situated to assist incumbent LECs with
their responsibilities under this R&O. Involvement of state entities
that undertake or assist with this data collection effort could reduce
the burden on incumbent LECs and on Commission staff, particularly
because some states already have digitized service territory
boundaries. State entities wishing to submit such data should notify
the Commission in writing of their intention to do so and submit that
notice to WC Docket No. 10-90 via the Commission's Electronic Comment
Filing System (ECFS). The Bureau will release a Public Notice
identifying the deadlines for these notices (as well as the deadlines
for the shapefile submissions and incumbent LEC certifications).
12. Ultimately, however, the incumbent LECs are responsible for
[[Page 5752]]
reviewing, verifying, and certifying that the study area boundary data
are accurate and for ensuring that the ongoing obligations, such as
updating of information, are satisfied. Accordingly, in cases where a
state entity uploads data to the Commission-sponsored Web site on
behalf of one or more incumbent LECs, each incumbent LEC whose data are
submitted by the state must log into the Web site to review the
shapefile. If the incumbent LEC has a reasonable basis to conclude the
shapefile is correct, the incumbent LEC can certify and submit the data
using the same web interface. The reporting obligation set forth in
this R&O ultimately rests with incumbent LECs; state commissions may
not certify as to the accuracy of the data on behalf of incumbent LECs.
If the incumbent LEC cannot certify that the data submitted by the
state commission are correct, the incumbent LEC must so notify the
Bureau and upload corrected data, either on its own or in conjunction
with the state entity that filed it. The incumbent LEC can then certify
that the study area boundary data are accurate.
13. Incumbent LEC Certification. After reviewing and, if necessary,
correcting the study area boundary data submitted by itself or a state
entity, each incumbent LEC must certify the accuracy of the data. An
official of the firm, such as a corporate officer, managing partner, or
sole proprietor, must provide an electronic signature certifying that
he or she has examined the study area boundary shapefile and that, to
the best of his or her knowledge, information, and belief, the data
contained in the shapefile are accurate and correct. The certifying
official may be different from the GIS specialist or other individual
who developed the study area boundary shapefile, and the web interface
will allow filers to enter contact information for both the certifying
official and the individual most knowledgeable about the spatial data.
14. Data Reconciliation. Once the shapefiles have been submitted
and certified, the Bureau will review the study area boundaries and
resolve any voids and overlaps. Overlap areas would be those shown to
be served by more than one incumbent LEC, while void areas would be
those shown to be served by no incumbent LEC. The Bureau will attempt
to distinguish unpopulated void areas from populated void areas that
are likely to be served by some incumbent LEC, in which case an error
in the submitted data may need to be resolved. The Bureau may also seek
help from state commissions to resolve gaps, voids, and overlap issues.
During review, if boundary overlaps or void areas are found in the
submitted boundary data, the Bureau will contact the filer(s) to
resolve such issues. Once these issues are resolved, the Bureau will
ask incumbent LECs to recertify the new, corrected boundaries. When a
complete set of the reconciled boundaries has been compiled the study
area boundary data will be published.
Non-Filers
15. The Bureau will contact, either directly or via a state entity,
any incumbent LEC that does not submit study area boundary data in the
format requested by the required date and request that the incumbent
LEC submit the required shapefiles within 30 days. The Bureau will also
contact any incumbent LEC that has not certified the accuracy of the
required study area data, whether filed by the incumbent LEC itself or
by another party, and request that the incumbent LEC certify the data,
or submit corrected data, within 30 days. Compliance with the rules
adopted in this R&O is mandatory, and failure to comply may lead to
enforcement action, including forfeiture penalties, pursuant to the
Communications Act and other applicable law.
Mandatory Updating and Recertification of Study Area Boundaries
16. It is critical to our universal service reform implementation
efforts to ensure that the boundary area data do not become out-of-
date. Therefore, incumbent LECs must provide updated data when their
study area boundaries change. Study area boundaries can change as the
result of a transaction involving the addition or sale of exchanges;
new deployment into previously-unserved areas, such as a new housing
subdivision; or an incumbent LEC relinquishing its ETC designation and
no longer being obligated to serve an area as a carrier of last resort.
Incumbent LECs and/or state entities must submit updated data by March
15 of each year, beginning the year following the initial data
submissions, showing any changes made by December 31 of the previous
year. The incumbent LEC is responsible for making any necessary changes
and for filing the revised shapefile. The changes cannot be made using
the web interface itself; incumbent LECs will need to modify the
shapefile. However, incumbent LECs can upload a revised shapefile to
the same Web site used for the original filing. In addition, all
incumbent LECs must recertify their study area boundary data every two
years. Filers will need to examine, through the web interface described
below, the boundary data previously submitted, and then either certify
that they are correct or submit revised data.
Filing Procedures
17. Once OMB has completed its review of the study area boundary
data collection requirements adopted today, the Bureau will issue a
Public Notice providing detailed instructions and announcing the
deadline for the submission of data. Each incumbent LEC or submitting
state entity will need to log into the web interface, at the announced
Web site URL, to upload the data. After logging in, the submitting
entity will provide contact information for the individual most
knowledgeable about the study area boundary data, in case questions
about the submitted data arise. After completing the contact
information, the incumbent LEC or state entity will upload a single zip
file containing the required files per Appendix A. Once the zip file
has been uploaded, the web interface will display a map of the
submitted data on the filer's screen, allowing the filer to review the
map and associated data for accuracy and completeness before certifying
and submitting it. In cases where a state entity has uploaded data on
behalf of an incumbent LEC(s), each incumbent LEC will be required to
log in to the filing system separately to review and certify that the
data are correct prior to submitting them. A corporate officer of an
incumbent LEC will need to provide contact information and certify
under penalty of perjury that he or she has examined the study area
boundary shapefile and that--to the best of his or her knowledge,
information, and belief--the data contained in the shapefile are
accurate and correct. If the data need to be revised, the incumbent LEC
or state entity will have to correct the data before the incumbent LEC
certifies and submits them.
Congressional Review Act
18. The Commission will send a copy of this R&O in a report to be
sent to Congress and the Government Accountability Office, pursuant to
the Congressional Review Act.
Paperwork Reduction Act
19. This R&O contains new information collection requirements
subject to the PRA. It will be submitted to OMB for review under
section 3507(d) of the PRA. OMB, the general public, and other Federal
agencies are invited to comment on the new information collection
requirements contained in this proceeding.
[[Page 5753]]
Ordering Clauses
1. Pursuant to sections 1, 2, 4(i), 201-205, 218-220, 254, 256,
303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 152, 154(i), 201-205, 218-220, 254, 303(r), and 403, and
Sec. Sec. 0.91, 0.201(d), 0.291, and 1.427 of the Commission's rules,
47 CFR 0.91, 0.201(d), 0.291, 1.427, and pursuant to the delegations of
authority in paragraphs 157, 184, 187, 192, 217 of the USF/ICC
Transformation Order, document DA 12-1777 is adopted.
2. Document DA 12-1777 shall be effective thirty (30) days after
publication in the Federal Register, except for the requirements
contained in paragraph 16 and Appendix A, which are subject to the PRA.
These requirements include new or modified information collection
requirements that require approval by OMB under the PRA, and shall
become effective after the Commission publishes a document in the
Federal Register announcing such approval and the relevant effective
date(s).
3. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of document DA 12-1777,
including the Final Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
4. The Commission shall send a copy of document DA 12-1777 to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Federal Communications Commission.
Julie A. Veach,
Chief, Wireline Competition Bureau.
Appendix A--Specification for Study Area Boundary Submission
1. General. Incumbent local exchange carriers (LECs) must submit
study area and exchange boundaries. For the purposes of this
collection, boundary does not refer to an architectural or
engineering drawing, meets and bounds descriptions or other surveyed
body of work. Boundary does refer to the general extent of the
incumbent LEC's exchange which can be identified on a base map scale
of 1:24,000. Boundaries must be submitted in esri compatible
shapefile format such that each shapefile represents a single study
area. The shapefile must contain one data record for each exchange
that constitutes the study area. Each exchange should be represented
as a closed, non-overlapping polygon with the associated feature
attributes described below. Uploaded boundaries must be accompanied
by metadata or a plain text ``readme'' file containing the
information listed below. When submitting the study area boundaries,
an officer of the LEC must certify under penalty of perjury that the
information accurately portrays the LEC's study area to the best of
his/her knowledge.
2. Since shapefiles typically consist of 3 to 9 individual
files, the shapefile for the study area should be submitted as a
single, zipped file containing all the component files. The
shapefile and encapsulating zip file names must contain the company
name and the 6-digit study area code. Shapefile templates are
available at https://transition.fcc.gov/wcb/iatd/neca.html.
Note that submitted boundaries are public data and may be used
in published FCC documents and Web pages.
3. Shapefile. A shapefile template is available at https://transition.fcc.gov/wcb/iatd/neca.html. Submitted shapefiles must:
A. Contain one closed, non-overlapping polygon for each exchange
in the study area that represents the area served from that
exchange.
B. Have associated with each exchange polygon the following
identifying feature attributes:
1. OCN-NECA-assigned operating company number as in the LERG.
2. Company Name.
3. Exchange Name.
4. Acquired Exchange subject to Sec. 54.305 of the Commission's
rules.
5. CLLI Code(s) associated with the exchange.
6. Study Area Code.
7. State.
8. FRN (please use the FRN used for the 477 filing in the
state).
C. Have an assigned projection w/accompanying .prj file.
D. Use unprojected (geographic) WGS84 geographic coordinate
system.
E. Have a minimum horizontal accuracy of +/- 40 feet or less,
conforming to 1:24K national mapping standards.
F. Be submitted as a WinZip archive with a name containing the
company name and study area code (e.g., CompanyName--123456.zip).
4. Cover Page Information. In addition to the shapefile data
described above, the Bureau also will collect electronically the
following information:
A. Contact person name.
B. Contact person address.
C. Contact person phone number.
D. Contact person email address.
E. Date created/revised.
F. Methodology--process steps to create the data.
G. Certifying official name.
H. Certifying official address.
I. Certifying official phone number.
J. Certifying official email address.
Federal Communications Commission.
Julie A.Veach,
Chief, Wireline Competition Bureau.
[FR Doc. 2013-00840 Filed 1-25-13; 8:45 am]
BILLING CODE 6712-01-P