ETC Notice Letter - Wyoming Public Service Commission
THE STATE OF WYOMING GOVERNOR Matthew H. Mead Public Service Commission COMMISSIONERS Alan B. Minier, Chairman William F. Russell, Deputy Chairman Kara Brighton, Commissioner SECRETARY AND CHIEF COUNSEL Christopher Petrie COMMISSION ADMINISTRATOR Darrell Zlomke June 5, 2015 To: Wyoming Eligible Telecommunications Carriers (ETCs) Re: WYOMING PUBLIC SERVICE COMMISSION’S 2015 ANNUAL CERTIFICATION OF ETCs PSC LETTER NO. 15-207 To Whom It May Concern: This Notice Letter provides you an important reminder of upcoming deadlines, new details concerning the Commission’s expectations for filing, and the process and schedule for 2015 Eligible Telecommunications Carrier (ETC) certifications. The federal Telecommunications Act of 1996 provides that ETCs may receive federal high cost and low income universal service support.1 Federal rules require the Commission to file annual certifications on or before October 1 of each year. Timely certification ensures that federal high cost and low income universal service support payments to Wyoming ETCs continue. In its annual certifications, the Commission must identify Wyoming ETCs eligible to receive federal support in the upcoming year. The Commission must also certify that each ETC will use the high cost support only for the provisioning, maintenance, and upgrading of facilities and services for which support is intended. To ensure the Commission can make timely annual certification filings with the Federal Communications Commission (FCC) and the Universal Service Administrative Company (USAC) prior to October 1, 2015, each ETC must file its annual certification information by July 15, 2015. Copies of subsequent filings, such as the USAC annual report, or the National Exchange Carrier Association Universal Service Fund Data Collection Form, may be submitted to the Commission as they are filed elsewhere. Failure 1 47 U.S.C. § 214(e) and § 254. See also 47 C.F.R. 54.1 et seq. and Commission Rules 513 and 514. to submit a complete and accurate filing may preclude the Commission from submitting the necessary certification on behalf of your company. Non-certification results in the loss of federal support funds. Substantial changes in the federal high cost and low income support programs and certifications have occurred at the federal level which significantly impact on the Commission’s annual certification process. Additionally, the Commission has revised its Rules Sections 513 and 514. In light of the changes in federal law regarding ETC designations and the requirement that ETCs file FCC Form 481 on July 1, 2015, the Commission will accept filing of an unredacted copy of the FCC Form 481 and accompanying documents as a substantial portion of the certification application. If your company would like information in, or accompanying FCC Form 481, or other documentation, to be treated as confidential, please also file a redacted copy of the document confidential data along with a Petition for Confidential Treatment pursuant to Commission Rule 120. The handling of confidential information by the Office of Consumer Advocate (OCA) will be treated as it is in Wyoming Universal Service Fund proceedings announced by Commission Letter Order dated April 16, 2010 in Docket No. 90072-32-XO-10 (Record No. 12473) and outlined in Appendix B. Attachments to this Notice Letter give instructions as to what information in addition to FCC Form 481 and accompanying documents must be filed with the Commission as part of the ETC certification process for recipients of high cost and/or low income support, although the Commission reserves the right to request additional supplemental information necessary to consider each individual ETC request. Pursuant to Commission Rule Section 514: Appendix A along with Forms 1, 2, 3, and 4 set forth specific information requirements for your certification application. Appendix A is annotated with detailed clarification of Rule Section 514 (noted in italics) explaining the type of information required, where applicable. Appendix B describes how annual ETC certifications submitted to the Commission will be processed, how confidential materials will be handled, and includes the schedule that the Commission intends to follow in the certification process. Appendix C is the Certification page that must be submitted with each company’s ETC filing. Please submit your company’s annual report and request for certification no later than July 15, 2015. Should you have any questions regarding this matter please contact Tom Wilson at (307) 777-5701, or Lori L. Brand at (307) 777-5721. FOR THE COMMISSION /S/ Christopher Petrie CHRISTOPHER PETRIE Secretary and Chief Counsel APPENDIX A FILING REQUIREMENTS Annual reporting requirements for all previously designated Eligible Telecommunications Carriers (ETCs) pursuant to the annual certification guidelines and standards set forth in the recently amended Part 54 of Title 47 of the Code of Federal Regulations and Commission Rule 514. For ETC’s in receipt of any “high-cost” support as defined at 47 C.F.R. § 54.5: • Commission Forms 1, 2, and 3 are required to be filed for each wire center/exchange, and by zone, if applicable, and will be accepted to satisfy various provisions of Commission Rule 514. • Filing of unredacted FCC Form 481 and accompanying documentation will be accepted to satisfy the requirements of Commission Rule 514(b)(ii), (iii), and (iv). • Additional narrative explanation and, if applicable, documentary support, in addition to filing of unredacted FCC Form 481, is necessary to satisfy the requirements of Commission Rule 514(b)(v), (vi), (vii), and (viii), and (c)(i), (iv), and (v). • A five-year service quality improvement plan report is required to satisfy Commission Rule 514(b)(i), including maps detailing progress towards meeting plan targets, an explanation of how much federal universal service support was received and how it was used to improve signal quality, coverage, or capacity, and an explanation regarding any network improvement targets that have not been fulfilled. The information shall be submitted at the exchange level. Format: Year 1: July 2014-June 30, 2015; Year 2: July 2015-June 30, 2016; Year 3: July 2016-June 30, 2017; Year 4: July 2017-June 30, 2018; and, Year 5: July 2018-June 30, 2019. • • • • • • • • Wire Center, also by zone if applicable Description of project improvement Status Project start date Project completion date Estimated cost of project Additional Comments Explanation of any network improvement targets that were unfulfilled, or additions that took place in 2014 not planned. Particularly identify any revisions to the ETC’s plan submitted with last year’s filing. **Not applicable for Years 2 through 5. For ETC’s in receipt of “low-income” Lifeline or Tribal Link-up support as defined at 47 C.F.R. § 54.400 et seq., Commission Form 4 is required to be filed addressing total federal low income support for Wyoming. • Filing of unredacted FCC Form 481 and accompanying documentation will be accepted to wholly satisfy the other requirements of Commission Rule 514(b), except: • Additional narrative explanation and, if applicable, documentary support, in addition to filing of unredacted FCC Form 481, is necessary to satisfy the requirements of Commission Rule 514(b)(ix), and (x) and (c)(iv). For 514(b)(ix) include: a) The number of Lifeline customers that your company served as of July 1, 2014. b) A detailed calculation of the discounted Lifeline rate that your Lifeline customers pay. c) Your company’s TAP fund receipts and balance as of July 1, 2015. FORM 1 FEDERAL HIGH COST SUPPORT RECEIPTS Please provide the amount of all Federal High Cost Support as defined at 47 C.F.R. § 54.5 received for 2014 and year-to-date for the current calendar year for each wire center and by zone, if applicable. Wire Center: SUPPORT MECHANISM AMOUNT High Cost Loop (HCL) $ - High Cost Model (HCM) $ - Interstate Access Support (IAS) $ - Interstate Common Line Support (ICLS) $ - Local Support Switching (LSS) $ - Long Term Support (LTS) $ - Safety Net Additive Support (SNA) $ - Safety Valve Support (SVS) $ - Frozen High Cost Support (FHCS) $ - Incremental Support (IS) $ - Connect America Fund Intercarrier Compensation (ICC) $ - Mobility Fund Phase One (Mobility I) $ - Connect America Cost Model (CACM) $ - Connect America Fund Phase I $ - Other (please list): $ - $ - TOTAL FORM 2 PLANT INVESTMENT Please provide all investments related to provision, maintenance and upgrade of facilities, plant additions and services supported by Federal Universal Service Funding for 2014 and year-to-date for current calendar year for each wire center and by zone, if applicable. Wire Center: ACCOUNT DESCRIPTION ADDITIONS 2002 - Plant Held for Future Use $ - 2003 - Plant Under Construction S/T $ - 2004 - Plant Under Construction L/T $ - 2005 - Plant Adjustments $ - 2006 - Non-Operating Plant $ - 2110 - Land General Support $ - 2210 - Central Office Switching $ - 2220 - Operator Systems $ - 2230 - Central Office Transmissions $ - 2310 - Info Origination/Termination $ - 2410 - Cable and Wire Facilities $ - 2680 - Tangible Assets $ - 2690 - Intangible Assets $ - $ - TOTAL FORM 2 TOTALS PLANT INVESTMENT Please provide all investments related to provision, maintenance and upgrade of facilities, plant additions and services supported by Federal Universal Service Funding for 2014 and year-to-date for the current calendar year. ACCOUNT DESCRIPTION ADDITIONS 2002 - Plant Held for Future Use $ - 2003 - Plant Under Construction S/T $ - 2004 - Plant Under Construction L/T $ - 2005 - Plant Adjustments $ - 2006 - Non-Operating Plant $ - 2110 - Land General Support $ - 2210 - Central Office Switching $ - 2220 - Operator Systems $ - 2230 - Central Office Transmissions $ - 2310 - Info Origination/Termination $ - 2410 - Cable and Wire Facilities $ - 2680 - Tangible Assets $ - 2690 - Intangible Assets $ - $ - TOTAL FORM 3 OPERATING EXPENSES Please provide all operating expenses related to provision, maintenance and upgrade of facilities, plant additions and services supported by Federal Universal Service Funding for 2014 and year-to-date for the current calendar year for each wire center and by zone, if applicable. Wire Center: ACCOUNT DESCRIPTION TOTAL WYOMING 6110 - Network Support $ - 6120 - General Support $ - 6210 - Central Office Switching $ - 6220 - Operator Systems $ - 6230 - Central Office Transmission $ - 6310 - Information Origination/Termination $ - 6410 - Cable and Wire Facilities $ - 6510 - Other Plant and Equipment $ - 6530 - Network Operations $ - 6540 - Access $ - 6560 - Depreciation & Amortization $ - 6610 - Marketing $ - 6620 - Customer Operations $ - 6710 - Executive Planning $ - 6720 - General Administrative $ - $ - TOTAL FORM 3 TOTALS OPERATING EXPENSES Please provide all operating expenses related to provision, maintenance and upgrade of facilities, plant additions and services supported by Federal Universal Service Funding for 2014 and year-to-date for the current calendar year. ACCOUNT DESCRIPTION TOTAL WYOMING 6110 - Network Support $ - 6120 - General Support $ - 6210 - Central Office Switching $ - 6220 - Operator Systems $ - 6230 - Central Office Transmission $ - 6310 - Information Origination/Termination $ - 6410 - Cable and Wire Facilities $ - 6510 - Other Plant and Equipment $ - 6530 - Network Operations $ - 6540 - Access $ - 6560 - Depreciation & Amortization $ - 6610 - Marketing $ - 6620 - Customer Operations $ - 6710 - Executive Planning $ - 6720 - General Administrative $ - $ - TOTAL FORM 4 LOW-INCOME RECEIPTS Please provide the amount of all Federal low income LifeLine and Tribal Link-up support as defined at 47 C.F.R. § 54.400 et seq., received for 2014 and year-to-date for the current calendar year. SUPPORT MECHANISM TOTAL WYOMING LifeLine Receipts $ - Tribal Link-up Receipts $ - $ - TOTAL Please provide the amount of all Wyoming Telephone Assistance (TAP) support as defined at W.S. § 37-2-301 et seq., (repealed effective July 1, 2015) received for 2014 and year-to-date for the current calendar year and a TAP balance as of July 1, 2015. SUPPORT MECHANISM TOTAL WYOMING TAP Receipts $ - TAP Balance as of July 1, 2015 $ - APPENDIX B PROCESS The Commission has determined that annual ETC certification submissions required by Section 514 of the Commission’s Rules will be processed by the Commission assigning a separate docket number to each company’s ETC annual certification matter. Docketing ETC annual certification submissions will allow us to track filings more efficiently and will make interested parties aware of the submissions through the Commission’s normal distribution practice. The obligation to submit all information necessary for the Commission to perform an adequate review prior to making annual certification decisions is not altered by this Notice. All elements of Section 514 of the Rules, including its reporting requirements, continue to apply to the annual certification process. TREATMENT OF CONFIDENTIAL MATERIALS ETCs will be required to observe Commission Rule 120, and file Petitions for Confidential Treatment, along with both unredacted and redacted copies, to receive confidential treatment of appropriate portions of their annual ETC certification submissions. No telecommunications company may view or obtain copies of confidential filings made by other companies in these proceedings (or the identifiable data derived therefrom UNDER ANY CIRCUMSTANCES). This does not preclude companies from disclosing this information voluntarily. If the OCA is provided access to confidential information to develop comments, such confidential information shall be handled as it is in Wyoming Universal Service Fund proceedings announced by Commission Letter Order dated April 16, 2010, in Docket No. 90072-32-XO-10 (Record No. 12473) and as outlined below: 1. After receiving any confidential material in any form, OCA will acknowledge receipt of such confidential material by letter, including a description of each document received; 2. OCA will take appropriate measures to prevent unauthorized disclosure of confidential material; 3. OCA will be free to use any electronic documents that are provided as they deem necessary and may create working copies for use in the instant docket; 4. One week following the issuance of the Commission’s certification to the FCC and USAC on October 1, 2013, OCA will destroy or return all copies of confidential materials, regardless of format, to the Commission; 5. OCA will provide Commission Staff an opportunity to confirm to its satisfaction that all electronic copies are deleted or destroyed; 6. The confidential source data provided to OCA in this docket and any other work papers created by OCA shall not be used or referenced in any docket except the instant one; 7. OCA will provide a final letter to the Commission certifying what confidential documents were returned or destroyed and an inventory of any original working documents created and retained by OCA; and 8. Should OCA require further access to the ETC annual reports or certification filings, or the confidential source data for any purpose, OCA shall file a request with the Commission for review of the confidential information. SCHEDULE June 5, 2015 Commission letter issued with instructions for filing 2015 ETC certification application June-July 15, 2015 Commission Staff follow-up contacts/Q&A with companies, as necessary July 15, 2015 Completed ETC Certification Applications filing deadline August, 2015 Additional subsequent FCC/USAC filings to be submitted to Commission; Commission Information Requests/Responses as necessary September 3, 2015 Commission Open Meeting to consider ETC certification applications September 14, 2015 Second Commission Open Meeting for Further Consideration (if necessary) October 1, 2015 Commission Annual ETC Certification Letter Due to FCC and USAC APPENDIX C WYOMING ELIGIBLE TELECOMMUNICATIONS CARRIER APPLICATION FOR CERTIFICATION CERTIFICATION This certification must be submitted by a company officer, stating the date and place of its execution; and that it is so certified or declared under the laws of the State of Wyoming. The certification or declaration may be in substantially the following form: OATH AND VERIFICATION I (name), the (company employee title) of (company name), after being duly sworn upon my oath, depose and state that I certify (or declare), that the information contained in the foregoing 2015 application for certification as an eligible telecommunications carrier, including the attachments and forms thereto, is true and correct, to the best of my knowledge, information and belief, and that federal universal service support received has been, and shall be, used only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. (Date)(Place) (Signature) STATE OF ) ) ss: ) COUNTY OF On this day of , 2015, before me, a notary public in and for the said state and county, personally appeared before me (name of person), the (company employee title) of (company name), to me known to be the identical person named in and who executed the 2015 eligible telecommunications carrier certification application, and acknowledged that he/she executed the 2015 eligible telecommunications carrier certification application as the voluntary act of the person and the company. Witness my hand and official seal. Notary Public My Commission Expires
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