FCC Modifies Broadband and Local Competition Reporting Requirements - FCC Form 477 Changes Become Effective with September 2005 Filing

On Nov. 9, 2004, the FCC adopted a Report and Order extending its local competition and broadband data collection program for five years and modifying its FCC Form 477 to require more detailed information from facilities-based broadband providers and local telephone service providers. Notably, the Commission eliminated the reporting thresholds applicable to the current Form 477. Under the new procedures, all facilities-based providers of broadband, all local exchange carriers, and all mobile telephone carriers will be required to file the modified Form 477. The modifications (summarized below), including the elimination of the reporting thresholds, will become effective with the Sept. 1, 2005, filing. The filing due on March 1, 2005, filing will not be affected.

FCC Form 477 collects specific state-by-state data regarding the availability of broadband, local telephone service and mobile telephony from providers of such services, including, but not limited to, incumbent and competitive local exchange carriers, cable system operators, fixed wireless service providers, terrestrial and satellite mobile wireless service providers, and municipalities. Form 477 is required to be filed on a semi-annual basis on March 1 (reporting data as of Dec. 31 of the preceding year) and Sept. 1 (reporting data as of June 30 of the same year).

Modifications to the broadband section of Form 477

Broadband service providers will be required to report the percentage of their broadband or high-speed connections that are faster than 200 kbps in both directions, and to categorize each connection into one of five “speed tiers” (between 200 kbps and100 mbps) based on the information transfer rate in the connection’s faster direction.

Symmetric xDSL and electric power lines will be added to the current technology categories for reporting broadband connections. (The current technology categories are: asymmetric xDSL, traditional wireline, cable modem, optical carrier/fiber to the end user, satellite, terrestrial fixed wireless, terrestrial mobile wireless, and “all other.”)

Incumbent LECs reporting DSL connections will be required to report the extent to which DSL connections are available to residential end users within its local service area by reporting the percentage of residential end user premises to which broadband connections could be provided using installed distribution facilities.

Cable operators reporting cable modem connections will be required to report the extent to which cable modem connections are available to residential end users within the cable system’s service area by reporting the percentage of residential end user premises to which broadband connections could be provided using installed distribution facilities.

Providers of broadband connections will be required to report technology-specific lists of those zip codes in which at least one such connection is in service. Filers providing mobile wireless broadband connections will be required to report zip codes that best represent the “coverage area” in which the mobile wireless service was deployed and offered for sale to the end user.

Modifications to local telephone data section of Form 477

LECs will be required to report the extent to which they are also the end user’s default interstate long distance carrier.

LECs will be required to report the extent to which they provision voice-grade equivalent lines to their own local telephone service customers: (1) over their own local loop facilities (or the fixed wireless last-mile equivalent); (2) over UNE loops obtained from an unaffiliated carrier without switching; (3) over UNE-Platform; and (4) by reselling another carrier’s services (such as Centrex or special access).

The Commission eliminated several reporting requirements for LEC provision of local telephone service. LECs will no longer be required to provide information concerning collocation arrangements with other carriers, the types of customers unaffiliated carriers serve by means of lines or UNE arrangements provided by the LEC, and special access circuits provided to unaffiliated carriers or end users,

With respect to all information provided on Form 477, the Commission will no longer require filers to submit separate, redacted files when requesting confidential treatment of the data submitted. Carriers requesting confidentiality will continue to be required to check the appropriate item of the Cover Page and to certify accordingly in the Certification Statement of Form 477.

Please contact us if you have any questions about these changes to FCC Form 477.