DA 02-1767

July 22, 2002

**FCC ANNOUNCES RELEASE OF FCC FORM 477**

**(LOCAL COMPETITION AND BROADBAND REPORTING FORM)**

**FOR THE SEPTEMBER 1, 2002 FILING**

In this Public Notice, the Federal Communications Commission
(Commission) announces the release of the Local Competition and
Broadband Reporting Form (FCC Form 477) for the September 1, 2002
filing,[^1] and accompanying Instructions. Providers of broadband
services and local telephone service that meet the defined reporting
threshold, described below, are required to file Form 477. [^2] Filers
should obtain the revised form and Instructions from the Commission's
form page at <http://www.fcc.gov/formpage.html>.

All providers of local telephone service that serve 10,000 or more
voice-grade equivalent lines, or wireless channels, in a given state
must file a Form 477 for that state.[^3] The term "state" "includes the
District of Columbia and the Territories and possessions."[^4] This
obligation applies to both incumbent and competitive local exchange
carriers (LECs) and applies without regard to the type of technology
utilized in delivering these services and without regard to the
carrier's market-entry strategy (*e.g.,* facilities-based, unbundled
network elements, pure resale, or hybrid).

Facilities-based providers (as defined in Instructions for Form 477)
that serve at least 250 one-way or two-way broadband (*i.e.,* in excess
of 200 kilobits per second) service lines, or wireless channels, in a
given state (or have at least 250 customers for such service in a given
state) must file a Form 477 for that state.[^5] Such providers may
include, but are not necessarily limited to, incumbent and competitive
LECs, cable companies, fixed wireless providers, terrestrial and
satellite mobile wireless providers, Multipoint Distribution Service
(MDS) providers, utilities, and others. Entities that only resell the
broadband services provided by other entities should not report
broadband lines or customers on Form 477. In particular, an Internet
Service Provider (ISP) that purchases broadband service from another
entity, which it incorporates into its own Internet-access service
offering, should not report such lines or customers.

**ALTERNATIVE FILING METHODS.**[^6] Because of previous mail
contamination, the Commission has had to take extraordinary precautions
when receiving and handling ordinary posted mail. Floppy diskettes and
compact discs likely will be rendered useless in the irradiation process
applied to United States Postal Service (USPS) first-class mail, Express
Mail, and Priority Mail addressed to the Commission. The Commission
therefore encourages filers to submit completed FCC Form 477(s) by the
use of ***one*** of the following alternatives to USPS delivery. In all
cases, filers of completed Form 477(s) should use up-to-date virus
detection software to ensure that the electronic media is virus-free.

**E-mail:** Completed Form 477(s) may be delivered as attachments to one
or more e-mail messages sent to an address established uniquely for this
purpose ([FCC477@fcc.gov](mailto:FCC477@fcc.gov))). Access to the FCC477
account is limited to only those within the Commission required to
participate in the filing process. All media will be protected to ensure
that as received by the Commission, the media is kept secure from
unauthorized access. Filers using e-mail to file completed Form 477(s)
must also submit the signed, original copy of the Certification
Statement, which they may do by USPS first-class mail addressed to: FCC
FORM 477 (ATTN: WCB/IATD, Room 6-A220), Federal Communications
Commission, 445 12th Street, S.W., Washington, D.C. 20554.

**Overnight delivery by a service other than USPS Express Mail or
Priority Mail.** Diskette(s) or compact disc(s) containing completed
Form 477(s), accompanied by the signed, original copy of the
Certification Statement, may be delivered by *an overnight delivery
service other than the USPS Express Mail or Priority Mail* (*e.g.,* UPS,
DHL, Federal Express). Such deliveries must be addressed and delivered
to: FCC FORM 477 (ATTN: WCB/IATD, Room 6-A220), Federal Communications
Commission, 9300 East Hampton Drive, Capitol Heights, Maryland
20743.[^7]

**Hand delivery or messenger delivery.** Hand and messenger deliveries
are accepted at 236 Massachusetts Avenue, NE, Suite 110, Washington, DC
20002. All Form 477-filing materials delivered to this location must be
clearly identified so as to be directed to: FCC FORM 477 (ATTN:
WCB/IATD, Room 6-A220).

For further information, contact the Industry Analysis and Technology
Division, Wireline Competition Bureau, at (202) 418-0940 or via TTY at
(202) 418-0484.

-FCC-

[^1]: Completed Form 477(s) are due Tuesday, September 3, 2002, due to
    holidays. 47 C.F.R. § 1.4(j).

[^2]: The Commission adopted the Local Competition and Broadband
    Reporting program to determine the extent of local
    telecommunications competition and deployment of broadband services.
    *Local Competition and Broadband Reporting*, CC Docket No. 99-301,
    Report and Order, 15 FCC Rcd 7717 (2000). The data collected advance
    the Commission's efforts to implement the pro-competitive,
    deregulatory provisions of the Telecommunications Act of 1996 and
    assist the Commission in its Congressionally-mandated inquiries as
    to whether "advanced telecommunications capability" is being
    deployed to all Americans in a reasonable and timely fashion.

[^3]: 47 C.F.R. § 43.11.

[^4]: 47 U.S.C. § 153(40).

[^5]: 47 C.F.R. §§ 1.7000 *et* *seq*.

[^6]: The alternative filing methods are discussed in Section IV of the
    currently-posted Instructions. The required Certification Statement
    is Section V of the Instructions.

[^7]: *See Public Notice*, "FCC Announces a New Filing Location for
    Paper Documents and a New Fax Number for General Correspondence," DA
    01-2919 (rel. Dec. 14, 2001).