V.I. Code tit. 30, § 45a (2019)
2019 US Virgin Islands Code|Title 30 - Public Service|Chapter 1 - Public Utilities Generally|Subchapter II - Public Services Commission|§ 45a. Designation of eligible telecommunications carriers

 (a) The Commission may grant requests by telecommunications carriers, including commercial mobile radio services providers licensed by the Federal Communications Commission, to be designated as “eligible telecommunications carriers” within the meaning of Section 214(e) of title 47 of the United States Code. The Commission may exercise continuing oversight jurisdiction over any entity it has designated as an eligible telecommunications carrier, in order to ensure that entity's compliance with requirements applicable law regarding that entity's obligations as an eligible telecommunications carrier. (b) Before designating a common carrier as an eligible telecommunications, the Commission must find that the applicant has: (1) Committed 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: (A) 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 (B) 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: (i) Modifying or replacing the requesting customer's equipment; (ii) Deploying a roof-mounted antenna or other equipment; (iii) Adjusting the nearest cell tower; (iv) Adjusting network or customer facilities; (v) Reselling services from another carrier's facilities to provide service; or (vi) Employing, leasing or constructing an additional cell site, cell extender, repeater, or other similar equipment. (2) Submitted a five-year plan that describes with specificity proposed improvements or upgrades to the applicant's network on a wire center-by-wire center basis throughout its proposed designated service area. Each applicant shall demonstrate how signal quality, coverage or capacity will improve due to the receipt of high-cost support; the projected start date and completion date for each improvement and the estimated amount of investment for each project that is funded by high-cost support; the specific geographic areas where the improvements will be made; and the estimated population that will be served as a result of the improvements. If an applicant believes that service improvements in a particular wire center 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. (3) Demonstrated 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, is able to reroute traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations. (4) Demonstrated 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 satisfies this requirement. Other commitments may be considered on a case-by-case basis. (5) Certified that the carrier acknowledges that the 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. (c) Before designating an eligible telecommunications carrier, the Commission shall determine that such designation is in the public interest. In doing so, the Commission shall consider the benefits of increased consumer choice, and the unique advantages and disadvantages of the applicant's service offering. (d) All eligible telecommunications carriers shall retain all records required to demonstrate to auditors that the support received was consistent with the universal service high-cost program rules. These records must include the following: data supporting line count filings; historical customer records; fixed asset property accounting records; general ledgers; invoice copies for the purchase and maintenance of equipment; maintenance contracts for the upgrade or equipment; and any other relevant documentation. This documentation must be maintained for at least five years from the receipt of funding. (e) The Commission shall act on an application for designation as an eligible telecommunications carrier within 60 days after receipt of a completed application.