Legacy High-Cost Support Usage Flexibility Certification

ICR 202104-3060-014

OMB:

Federal Form Document

ICR Details
202104-3060-014
Received in OIRA
FCC OEA/Auctions
Legacy High-Cost Support Usage Flexibility Certification
New collection (Request for a new OMB Control Number)   No
Regular 04/29/2021
  Requested Previously Approved
36 Months From Approved
110 0
193 0
16,500 0

Legacy High-Cost Support Usage Flexibility Certification. The Federal Communications Commission (Commission) requests approval from the Office of Management and Budget (OMB) for a new, one-time information collection requirement necessary to implement recently-adopted requirements for competitive eligible telecommunications carriers (ETCs) receiving legacy high-cost support for mobile wireless services, as explained below. Under this new, one-time information collection, the Commission will collect a certification from any competitive ETC receiving legacy high-cost support for mobile wireless services that wishes to avail itself of the flexibility adopted in the 5G Fund Report and Order concerning its 2021 and 2022 legacy high-cost support usage requirements. On November 18, 2011, the Commission released the USF/ICC Transformation Order (FCC 11-161) in which it comprehensively reformed and modernized the universal service and intercarrier compensation systems to ensure that robust, affordable voice and broadband service, both fixed and mobile, are available to Americans throughout the nation. In the USF/ICC Transformation Order, the Commission, among other things, adopted a requirement that all ETCs offer broadband service in their supported area that meets certain basic performance requirements and report regularly on associated performance measures as a condition of receiving federal high-cost universal service support. On October 27, 2020, the Commission adopted the 5G Fund Report and Order (FCC 20-150) in which it, among other things, helped to complete the reform of the high-cost program begun in the USF/ICC Transformation Order by adopting additional public interest obligations and performance requirements for legacy high-cost support recipients, whose broadband-specific public interest obligations for mobile wireless services were not previously detailed. The public interest obligations adopted in the 5G Fund Report and Order for each competitive ETC receiving legacy high-cost support for mobile wireless services require that such a carrier (1) use an increasing percentage of its legacy support toward the deployment, maintenance, and operation of voice and broadband networks that support 5G meeting the adopted performance requirements within its subsidized service area(s), and (2) meet specific 5G broadband service deployment coverage requirements and service deployment milestone deadlines that take into consideration the amount of legacy support the carrier receives. With respect to the requirement to use an increasing percentage of its legacy support toward the deployment, maintenance, and operation of voice and broadband networks that support 5G, the rules adopted in the 5G Fund Report and Order specify that each legacy support recipient must use at least one-third of the legacy support it receives in 2021, at least two-thirds of the legacy support it receives in 2022, and all of the legacy support in 2023 and beyond for these purposes. To address a concern that budgets and deployment plans for 2021 are largely complete, which could make it difficult for some competitive ETCs to achieve the 2021 support usage requirement, the Commission adopted a rule that affords such competitive ETCs the flexibility to use less than one-third of their legacy support in 2021 and make up for any shortfall in 2021 by proportionally increasing the requirement in 2022 (above the two-thirds of its support the competitive ETC is required to spend on 5G in that year). See 47 CFR § 54.322(c)(4). In order to take advantage of this flexibility, a competitive ETC receiving legacy support for mobile wireless services must submit a completed “Legacy High-Cost Support Usage Flexibility Certification” form.

US Code: 47 USC 154, 254, 303(r) Name of Law: Communications Act of 1934, as amended
  
None

3060-AL15 Final or interim final rulemaking 85 FR 75770 11/25/2020

  86 FR 11765 02/26/2021
86 FR 22664 04/29/2021
No

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 110 0 0 110 0 0
Annual Time Burden (Hours) 193 0 0 193 0 0
Annual Cost Burden (Dollars) 16,500 0 0 16,500 0 0
Yes
Changing Regulations
No
This is a new information collection resulting in a program change increase of 110 annual respondents, 110 annual responses, 193 hours and $16,500.

$3,097
No
    No
    No
No
No
No
No
Valerie Barrish 202 418-0354

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
04/29/2021


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