§ 54.314   Certification of support for eligible telecommunications carriers.

   (a) Certification. States that desire eligible telecommunications
   carriers to receive support pursuant to the high-cost program must file
   an annual certification with the Administrator and the Commission
   stating that all federal high-cost support provided to such carriers
   within that State was used in the preceding calendar year and will be
   used in the coming calendar year only for the provision, maintenance,
   and upgrading of facilities and services for which the support is
   intended. High-cost support shall only be provided to the extent that
   the State has filed the requisite certification pursuant to this
   section.

   (b) Carriers not subject to State jurisdiction. An eligible
   telecommunications carrier not subject to the jurisdiction of a State
   that desires to receive support pursuant to the high-cost program must
   file an annual certification with the Administrator and the Commission
   stating that all federal high-cost support provided to such carrier was
   used in the preceding calendar year and will be used in the coming
   calendar year only for the provision, maintenance, and upgrading of
   facilities and services for which the support is intended. Support
   provided pursuant to the high-cost program shall only be provided to
   the extent that the carrier has filed the requisite certification
   pursuant to this section.

   (c) Certification format. (1) A certification pursuant to this section
   may be filed in the form of a letter from the appropriate regulatory
   authority for the State, and must be filed with both the Office of the
   Secretary of the Commission clearly referencing WC Docket No. 14-58,
   and with the Administrator of the high-cost support mechanism, on or
   before the deadlines set forth in paragraph (d) of this section. If
   provided by the appropriate regulatory authority for the State, the
   annual certification must identify which carriers in the State are
   eligible to receive federal support during the applicable 12-month
   period, and must certify that those carriers only used support during
   the preceding calendar year and will only use support in the coming
   calendar year for the provision, maintenance, and upgrading of
   facilities and services for which support is intended. A State may file
   a supplemental certification for carriers not subject to the State's
   annual certification. All certificates filed by a State pursuant to
   this section shall become part of the public record maintained by the
   Commission.

   (2) An eligible telecommunications carrier not subject to the
   jurisdiction of a State shall file a sworn affidavit executed by a
   corporate officer attesting that the carrier only used support during
   the preceding calendar year and will only use support in the coming
   calendar year for the provision, maintenance, and upgrading of
   facilities and services for which support is intended. The affidavit
   must be filed with both the Office of the Secretary of the Commission
   clearly referencing WC Docket No. 14-58, and with the Administrator of
   the high-cost universal service support mechanism, on or before the
   deadlines set forth in paragraph (d) of this section. All affidavits
   filed pursuant to this section shall become part of the public record
   maintained by the Commission.

   (d) Filing deadlines. (1) In order for an eligible telecommunications
   carrier to receive federal high-cost support, the state or the eligible
   telecommunications carrier, if not subject to the jurisdiction of a
   state, must file an annual certification, as described in paragraph (c)
   of this section, with both the Administrator and the Commission by
   October 1 of each year. If a state or eligible telecommunications
   carrier files the annual certification after the October 1 deadline,
   the carrier subject to the certification shall receive a reduction in
   its support pursuant to the following schedule:

   (i) An eligible telecommunications carrier subject to certifications
   filed after the October 1 deadline, but by October 8, will have its
   support reduced in an amount equivalent to seven days in support;

   (ii) An eligible telecommunications carrier subject to certifications
   filed on or after October 9 will have its support reduced on a pro-rata
   daily basis equivalent to the period of non-compliance, plus the
   minimum seven-day reduction.

   (2) Grace period. If an eligible telecommunications carrier or state
   submits the annual certification required by this section after October
   1 but before October 5, the eligible telecommunications carrier subject
   to the certification will not receive a reduction in support if the
   eligible telecommunications carrier and its holding company, operating
   companies, and affiliates as reported pursuant to § 54.313(a)(8) have
   not missed the October 1 deadline in any prior year.

   [ 76 FR 73875 , Nov. 29, 2011;  79 FR 39189 , July 9, 2014;  80 FR 4477 ,
   Jan. 27, 2015]

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