South Carolina Code of Regulations
Chapter 103 - PUBLIC SERVICE COMMISSION
Article 6 - TELECOMMUNICATIONS UTILITIES
Subarticle 8 - TELECOMMUNICATION RELAY SERVICE ADVISORY COMMITTEE
Section 103-690 - Designation of Eligible Telecommunications Carriers
Universal Citation: SC Code Regs 103-690
Current through Register Vol. 48, No. 3, March 22, 2024
A. Purpose.
1. This regulation defines the requirements
for designation as an Eligible Telecommunications Carrier ("ETC") for the
purpose of receiving federal universal service support, not state universal
service support, pursuant to 47 U.S.C.Section 214(e) of the Federal
Telecommunications Act of 1996.
2.
This regulation will ensure that the commission will only grant a particular
application if doing so will further the goals and purposes of the federal
high-cost universal service fund and the universal service fund provisions of
Section 254 of the Telecommunications Act of 1996; specifically, that consumers
in all regions of South Carolina, including those in rural, insular and
high-cost areas will have access to telecommunications services comparable to
those in urban areas of the state.
3. Notwithstanding the ETC applicant's
regulatory status or the commission's jurisdiction over the applicant's regular
operations, in seeking designation as an ETC, the applicant acknowledges the
commission's authority and jurisdiction to impose such regulations on ETCs,
including the applicant, as are in the public interest.
B. Definitions.
1. Cell Site. A geographic location where
antennae and electronic communications equipment are placed to create a cell in
a cellular network for the use of mobile phones. A cell site is composed of a
tower or other elevated structure for mounting antennae, and one or more sets
of transmitter/receivers, transceivers, digital signal processors, control
electronics, and backup electrical power sources and sheltering.
2. Commission. The word commission in this
regulation means the Public Service Commission of South Carolina.
3. Eligible Telecommunications Carrier (ETC).
An ETC is a carrier as defined in 47 U.S.C. Section 214(e).
4. Lifeline Service. Lifeline Service is a
service as defined in 47 C.F.R.Section 54.401.
5. Link Up Service. Link Up Service is a
service as defined in 47 C.F.R.Section 54.411.
6. ORS. The abbreviation ORS in this
regulation means the Office of Regulatory Staff.
7. Wire Center. A geographic location of one
or more local switching systems; a location where customer loops converge. to
the evaluation of service within a wire center, for purposes of this
regulation, shall mean an evaluation of the quality of the services provided in
that part of the licensees' service area served by a cell site in the event the
applicant is a wireless service provider.
C. Requirements for initial designation as an Eligible Telecommunications Carrier.
(a) The
commission may upon its own motion or upon request, designate a common carrier
that meets the requirements in this section, and the public interest standard
set forth in subsection (b) of this section, as an ETC for a designated service
area. ETCs shall offer services in compliance with 47 C.F.R. Section 54.101.
Upon request and consistent with the public interest, convenience and
necessity, the commission may, in the case of an area served by a rural
telephone company, and shall, in the case of all other areas, designate more
than one common carrier as an ETC for a service area designated by the
commission. Before designating an additional ETC for an area served by a rural
telephone company, the commission shall find that the designation is in the
public interest. On or after the effective date of this rule, in order to be
designated an eligible telecommunications carrier under 47 U.S.C. Section
214(e)(2) of the Federal Telecommunications Act of 1996, any common carrier in
its application filed with the commission and a copy provided to the ORS must
provide the following information:
(1)
(A) commit to provide service throughout its
proposed designated service area to all customers making a reasonable request
for service. Each applicant shall certify that it will (1) provide service on a
timely basis to requesting customers within the applicant's service area where
the applicant's network already passes the potential customer's premises; and
(2) provide service within a reasonable period of time, if the potential
customer is within the applicant's licensed service area but outside its
existing network coverage, if service can be provided at reasonable cost by (a)
modifying or replacing the requesting customer's equipment; (b) deploying a
roof-mounted antenna or other equipment; (c) adjusting the nearest cell tower;
(d) adjusting network or customer facilities; (e) reselling services from
another carrier's facilities to provide service; or (f) employing, leasing or
constructing an additional cell site, cell extender, repeater, or other similar
equipment.
(B) submit a two-year
plan that describes with specificity proposed improvements or upgrades to the
applicant's network on a wire center-by-wire center basis, or on a cell
site-by-cell site basis if the applicant is a wireless carrier throughout its
proposed designated service area. Each applicant shall demonstrate:
1. How it plans to expand its network to
ensure that unserved and underserved rural or high-cost areas will receive
sufficient signal quality, that coverage or capacity will improve due to the
receipt of high-cost support throughout the area for which the ETC seeks
designation;
2. A detailed map of
the coverage area before and after the improvements and in the case of a CMRS
provider, a map identifying existing and proposed tower site
locations;
3. The specific
geographic areas where the improvements will be made;
4. The projected start date and completion
date for each improvement;
5. The
estimated amount of investment for each project that is funded by high-cost
support;
6. A statement as to how
all of the facilities funded by high-cost support are eligible for such
support;
7. The estimated
population that will be served as a result of the improvements;
8. If an applicant believes that service
improvements in a particular wire center or on a particular cell site are not
needed, it must explain its basis for this determination and demonstrate how
funding will otherwise be used to further the provision of supported services
in that area; and
9. A statement as
to how the proposed improvements funded by universal service dollars would not
otherwise occur absent the receipt of high-cost support and that such support
will be used in addition to any expenses the ETC would normally
incur.
(C) for carriers
seeking certification in areas not eligible for High Cost Support from the USF,
but seeking ETC designation for the purpose of participation in the Lifeline
and Link Up programs, the following shall apply in lieu of paragraph (B) above:
shall submit a two-year plan that describes the carrier's plans for advertising
and outreach programs for identifying, qualifying, and enrolling eligible
participants in the Lifeline and Link Up programs. All other provisions of this
subsection shall apply.
(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, its ability to reroute traffic around damaged facilities, and its
capability of managing traffic spikes resulting from emergency situations. The
commission shall determine on a case-by-case basis whether a carrier has
demonstrated its ability to remain functional in 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)
demonstrate that it offers a local usage plan comparable to the one offered by
the incumbent LEC in the service areas for which it seeks
designation.
(5) certify by
affidavit signed by an officer of the company that the carrier acknowledges
that the Federal Communications Commission may require it to provide equal
access to long distance carriers in the event that no other eligible
telecommunications carrier is providing equal access within the service
area.
(6) certify by affidavit
signed by an officer of the company that it does offer or will offer the
services that are supported by the federal universal service support mechanisms
by using its own facilities or a combination of its own facilities and resale
of another carrier's services.
(7)
certify by affidavit signed by an officer of the company that it does or will
advertise in a media of general distribution the availability of such services,
including lifeline services and the applicable charges.
(b) Public Interest Standard. Prior to
designating an eligible telecommunications carrier pursuant to 47 U.S.C.
Section 214(e)(2), the commission must determine that such designation is in
the public interest. In doing so, the commission shall consider, inter alia,
the benefits of increased consumer choice, and the unique advantages and
disadvantages of the applicant's service offering. In instances where an
eligible telecommunications carrier applicant seeks designation below the study
area level of a rural telephone company, the commission shall also conduct a
creamskimming analysis that includes, but is not limited to, comparing the
population density of each wire center in which the eligible telecommunications
carrier applicant seeks designation against that of the wire centers in the
study area in which the eligible telecommunications carrier applicant does not
seek designation. The commission shall not designate a service area to an ETC
that is smaller than an entire wire center.
Statutory Authority: 1976 Code Section 58-3-140
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.