ETC Requirements

PURPOSE: This proposed rule reflects Missouri-specific requirements applicable to ETCs. (1) Any Eligible Telecommunications Carrier (ETC) receiving ETC designation from the commission will— (A) Solely conduct business using the name or “DBA” under which the commission granted ETC designation. Use of other or additional names such as brand or service names is prohibited; (B) Maintain a current list of company-designated contacts within Electronic Filing Information System (EFIS); (C) Provide a copy, to the manager of the commission’s Telecommunications Department, of any finding by a state or federal authority that the company has violated universal service fund program requirements; (D) An ETC will cooperate and comply with periodic audits and/or requests for information by the commission staff to monitor compliance with this chapter; and (E) An ETC will not self-certify to the federal USF administrator for receipt of federal Universal Service Fund (USF) unless the Federal Communications Commission (FCC) has preempted such state commission authority. (2) Notice requirement for ETC name changes. At least ten (10) days prior to the use of a new name, an ETC should file a written notice in EFIS that includes— (A) A statement clearly setting out both the old name and the new name; (B) Evidence of registration of the new name with the Missouri Secretary of State; (C) A statement that the company will continue to comply with all applicable laws and rules relating to ETC designation; (D) A statement that the company’s contacts in EFIS have been reviewed and are correct; and (E) A copy of the notice informing customers of the name change. (3) Annual filing requirement. In concurrence with the Form 481 deadline, an ETC shall annually submit into EFIS— (A) A copy of the company’s Form 481 report; (B) Certification from an officer of the company attesting under penalty of perjury to the following information: 1. The company has policies and procedures in place to ensure Lifeline subscribers are eligible to receive Lifeline service; 2. The company is in compliance with all federal Lifeline certification procedures; 3. The company complies with the minimum service levels set forth in FCC rule section 54.408; and 4. The company’s Missouri operations solely use the name of the company as recognized by the commission for ETC designation in all marketing and USF-related materials; (C) The website address containing information about the company’s Lifeline service or alternatively state the company does not maintain such a website; and (D) If the ETC has received or will receive high cost support then the company’s officer certification should include the following additional attestations and information— 1. All federal high-cost support provided to the company within Missouri was used in the preceding calendar year and will be used in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended; 2. The applicable study area code(s) of the company’s high-cost service area; and 3. For wireless ETCs, the company complies with the latest edition of Cellular Telecommunications and Internet Association’s Consumer Code for Wireless Service. (4) The relinquishment of ETC status is accomplished by providing a letter signed by an authorized company official or representative at least sixty (60) days prior to relinquishing ETC status demonstrating compliance with 47 U.S.C. section 214(e)(4). AUTHORITY: sections 392.200.2, 392.248, and 392.470.1, RSMo 2016.* This rule originally filed as 4 CSR 240-31.015. Original rule filed April 12, 2018, effective Dec. 30, 2018. Moved to 20 CSR 4240-31.015, effective Aug. 28, 2019. *Original authority: 392.200, RSMo 1939, amended 1987, 1988, 1996, 2003, 2005, 2008; 392.248, RSMo 1996; and 392.470.1, RSMo 1987.