Current through Register Vol. 35, No. 18, September 24, 2024
On or before August 10, 2008, and on or before August 10 of
each year thereafter, each carrier designated by the commission as an ETC shall
submit a written report to the commission containing the information and
certifications set forth in this rule.
A. Supporting affidavit: each report shall be
submitted with an affidavit by a person or officer of the carrier with personal
knowledge of the contents of the report declaring that the contents of the
report are correct.
B. Contents of
report: each report shall contain the following certifications and information.
(1) Each ETC receiving federal high-cost USF
support shall (i) certify that it will use the federal high-cost USF support
only for the provision, maintenance and upgrading of facilities and services
for which such support is intended; and (ii) for January 1 through December 31
of the previous year, provide a factual presentation of the expenses and
investments made with federal high-cost USF support and a narrative description
of how the funds were spent. The factual presentation may consist of either
cost documentation submitted by the carrier to the national exchange carrier
association in its role as a contractor for the universal service
administrative company for purposes of receiving federal high-cost support, or
data that identifies total high-cost USF support received, network
infrastructure maintenance and support costs, and capitalized costs. The
narrative description shall consist of a service quality improvement plan for
the current year and a progress report on the carrier's plan for January 1
through December 31 of the previous year. The report, which may include maps,
shall demonstrate how the support was used during the previous year to improve
coverage, service quality or capacity throughout the service area for which the
carrier is designated as an ETC, how the carrier will use the support to
improve coverage, service quality or capacity throughout the service area in
the current year, and an explanation regarding any network improvement targets
that have not been completed.
(2)
Each ETC receiving SRUSF support shall (i) certify that it will use the SRUSF
support in a manner consistent with the New Mexico rural telecommunications
act, the federal telecommunications act and the commission's rules and orders;
and (ii) for January 1 through December 31 of the previous year, describe how
the SRUSF support (excluding SRUSF support received in connection with revenue
neutral recovery for access charge reductions implemented pursuant to law) was
used to preserve and advance universal service.
(3) A certification that the ETC is in
compliance with the requirements of the federal communications commission's
Outage Report Regarding Disruptions to Communications,
47
C.F.R.63.100, and that it has provided the
commission with a copy of any such outage reports for January 1 through
December 31 of the previous year and the number filed in that period.
(4) Information on the number of requests to
the ETC for USF supported services from potential customers within the ETC's
service area that were unfilled for the previous year, together with a detailed
explanation of how the ETC attempted to provide service to those potential
customers.
(5) A certification that
the ETC continues to provide its customers with the toll-free number for the
commission's consumer relations division and to advise its customers that they
may contact the commission if they are unable to resolve service or billing
problems with the carrier.
(6)
Information on the number of customer complaints reported to the commission
relating to USF supported services per 1000 handsets or lines for January 1
through December 31 of the previous year. Each complaint shall be identified in
one of the following categories:
(a)
out-of-service/trouble,
(b)
billing,
(c) installation or
(d) other. The carrier shall
provide a description of its efforts to resolve the complaints.
(7) A certification that the ETC
is in compliance with applicable service quality standards and customer
protection rules, including the CTIA consumer code for wireless
service.
(8) A certification that
the ETC is in compliance with its plan for emergency situations, including
procedures for loss of a switch, maintaining sufficient reserve power, and
minimizing service interruptions.
(9) A certification that the ETC advertises
or publicizes the availability of and charges for USF supported services,
lifeline/linkup services and tribal lifeline/linkup services using media of
general distribution, including advertisements or publications reasonably
calculated to reach those likely to qualify, and information on the number and
location of such advertisements or publications for January 1 through December
31 of the previous year.
(10) Each
competitive ETC must certify that it is offering a local usage plan comparable
to the plan offered by the incumbent carrier in the relevant service
area.
C. Compliance by
an ETC with the reporting requirements of this rule satisfies the ETC's annual
verification requirements under Subsection F of 17.11.10.24 NMAC.
D. Upon compliance by an ETC with the
reporting requirements of this rule, the commission will timely provide
appropriate certification to the federal communications commission of the ETC's
use of federal high-cost USF support in accordance with applicable federal
law.