Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 5 - TELECOMMUNICATIONS RULES AND REGULATIONS › Section 291-5-009 - ELIGIBLE TELECOMMUNICATIONS CARRIER

Current through June 17, 2024
009.01 An eligible telecommunications carrier
				that receives federal universal service support shall use that support only for
				the provision, maintenance, and upgrading of facilities and services for which
				the support is intended.
009.02
				Requirements for Commission designation of eligible telecommunications carriers
009.02A In order to be designated an eligible
				telecommunications carrier, any common carrier in its application must
009.02A1 Demonstrate that such designation is
				consistent with the public interest, convenience, and necessity, and, in the
				case of an area served by a rural telephone company, demonstrate that public
				interest will be met by an additional designation;
009.02A2 Demonstrate that it will offer the
				services that are supported by federal universal service support mechanisms and
				section 254(c) of the Act, either using its own facilities or a combination of
				its own facilities and resale of another carrier's services (including the
				services offered by another eligible telecommunications carrier);
009.02A3 Demonstrate that it will advertise
				the availability of such services and the charges therefore using media of
				general distribution;
009.02A4
				Demonstrate that it is capable of providing and will continuously provide the
				services designated for support as defined in
				47 C.F.R.
				Section 54.101;
009.02A5 Commit 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:
009.02A5a 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
009.02A5b 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 (a) modifying or replacing the
				requesting customer's equipment; (b) deploying a roof-mounted antenna or other
				equipment; (c) adjusting the nearest cell tower; (d) adjusting network or
				customer facilities; (e) reselling services from another carrier's facilities
				to provide service; or (f) employing, leasing or constructing an additional
				cell site, cell extender, repeater, or other similar equipment;
009.02A6 A carrier seeking high
				cost support shall submit 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;
009.02A7 A carrier seeking high cost support
				shall demonstrate 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;
009.02A8 A carrier seeking high cost support
				shall demonstrate that it will satisfy applicable consumer protection and
				service quality standards;
009.02A9
				A carrier seeking high cost support shall demonstrate that it offers a local
				usage plan comparable to the one offered by the incumbent LEC in the service
				areas for which it seeks designation; and
009.02A10 A carrier seeking high cost support
				shall certify that the applicant acknowledges that the Federal Communications
				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.