Current through Register Vol. 39, No. 6, September 16, 2024
(a) A city that proposes to provide
communications service to an unserved area shall first file a petition with the
Commission for a determination that the area is unserved.
(b) The petition shall comply with Commission
Rule R1-5 and provide sufficient information to demonstrate to the Commission
that the area in question meets the definition of "unserved area." In addition
to the information required in Rule R1-5, the petition shall also include the
following:
(1) A description of each census
block proposed to be included in the unserved area;
(2) Information on the current availability
of high-speed Internet access service at the household level in the proposed
unserved area; and
(3) A letter or
resolution in support of the determination from the appropriate governing body
that is filing the petition.
(c) The Commission or Public staff may
request additional information as needed.
(d) Procedure upon receipt of Petition - Upon
the filing of a petition that meets the requirements set forth above:
(1) The Commission will issue a procedural
order stating that a petition for a determination of an unserved area has been
received and that parties who wish to file an objection to the petition must
file the objection in writing and in compliance with the provisions of Rule
R1-5 within 60 days of the date of the procedural order. The Commission shall
also post the procedural order on its website;
(2) Upon its own initiative, the Commission
may schedule a hearing to determine whether a determination should be made and
require notice of the hearing to be published by the petitioner in the
newspaper in the county or counties where the proposed unserved area is
located;
(3) If an objection is
filed within 60 days of the procedural order, the Commission will schedule a
hearing to consider whether a determination should be made and will give
reasonable notice to the petitioner and to each objecting party. Following the
hearing, the Commission will enter an order making the determination whether an
area is unserved; and
(4) If no
objection is filed within the time specified, the Commission shall enter an
order making the determination whether an area is unserved.
(e) No city shall begin providing
communications service in an unserved area prior to receiving a determination
from the Commission that the area is unserved.
NCUC Docket No. P-100,
Sub 169, 02/28/12.
