§ 54.306   Alaska Plan for Rate-of-Return Carriers Serving Alaska.

   (a) Election of support. For purposes of subparts A, B, C, D, H, I, J,
   K and M of this part, rate-of-return carriers (as that term is defined
   in § 54.5) serving Alaska have a one-time option to elect to participate
   in the Alaska Plan on a state-wide basis. Carriers exercising this
   option shall receive the lesser of;

   (1) Support as described in paragraph (c) of this section or

   (2) $3,000 annually for each line for which the carrier is receiving
   support as of the effective date of this rule.

   (b) Performance plans. In order to receive support pursuant to this
   section, a rate-of-return carrier must be subject to a performance plan
   approved by the Wireline Competition Bureau. The performance plan must
   indicate specific deployment obligations and performance requirements
   sufficient to demonstrate that support is being used in the public
   interest and in accordance with the requirements adopted by the
   Commission for the Alaska Plan. Performance plans must commit to offer
   specified minimum speeds to a set number of locations by the end of the
   fifth year of support and by the end of the tenth year of support, or
   in the alternative commit to maintaining voice and Internet service at
   a specified minimum speeds for the 10-year term. The Bureau may
   reassess performance plans at the end of the fifth year of support. If
   the specific deployment obligations and performance requirements in the
   approved performance plan are not achieved, the carrier shall be
   subject to § 54.320(c) and (d).

   (c) Support amounts and support term. For a period of 10 years
   beginning on or after January 1, 2017, at a date set by the Wireline
   Competition Bureau, each Alaska Plan participant shall receive monthly
   Alaska Plan support in an amount equal to:

   (1) One-twelfth (1/12) of the amount of Interstate Common Line Support
   disbursed to that carrier for 2011, less any reduction made to that
   carrier's support in 2012 pursuant to the corporate operations expense
   limit in effect in 2012, and without regard to prior period adjustments
   related to years other than 2011 and as determined by USAC on January
   31, 2012; plus

   (2) One-twelfth (1/12) of the total expense adjustment (high cost loop
   support) disbursed to that carrier for 2011, without regard to prior
   period adjustments related to years other than 2011 and as determined
   by USAC on January 31, 2012.

   (d) Transfers. Notwithstanding any provisions of § 54.305 or other
   sections in this part, to the extent an Alaska Plan participant (as
   defined in § 54.306 or § 54.317) transfers some or all of its customers
   in Alaska to another eligible telecommunications carrier, it may also
   transfer a proportionate amount of its Alaska Plan support and any
   associated performance obligations as determined by the Wireline
   Competition Bureau or Wireless Telecommunications Bureau if the
   acquiring eligible telecommunications carrier certifies it will meet
   the associated obligations agreed to in the approved performance plan.

   [ 81 FR 69712 , Oct. 7, 2016]

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