ETC Application Requirements

PURPOSE: This proposed rule identifies application requirements for companies seeking ETC status for the purpose of receiving federal USF support. (1) Any company seeking Eligible Telecommunications Carrier (ETC) status for the purpose of participating in the federal Universal Service Fund (USF) high cost programs and/or Lifeline program in Missouri shall apply for ETC designation with the commission unless otherwise preempted by the Federal Communications Commission (FCC). (2) ETC application requirements— (A) All ETC applications shall comply with the application requirements identified in 4 CSR 240-2.060 and be verified by oath as to the truthfulness therein by an officer or director of the applicant; and (B) In addition to the requirements of 4 CSR 240-2.060 and 47 C.F.R. section 54.201 and section 54.202, all ETC applications should— 1. Identify any individual or entity having a ten percent (10%) or more ownership interest in the applicant. 2. Identify all officers, directors, and other persons, regardless of title, who fill the role of officer or director of the company; 3. Identify any company sharing common ownership or management with the applicant that has ever received funds from the federal USF or any state universal service fund. 4. Provide the details of any matter brought in the last ten (10) years by any state or federal regulatory or law enforcement agency against any of the individuals, entities, managers, officers, directors of other companies sharing common ownership or management with the applicant involving fraud, deceit, perjury, stealing, or the omission or misstatement of material fact in connection with a commercial transaction; 5. Identify the website containing information about the applicant’s service and rates. If such information will be contained in a tariff maintained with the commission, then either provide a tariff filing or cite the existing tariff; 6. Provide statements addressing each of the following: A. The applicant will comply with the ETC requirements identified in 4 CSR 24031.015; B. Whether the applicant intends to seek support from the Missouri USF. If so, the applicant should also state whether it intends to participate in the Disabled program; C. A commitment to notify the commission of any changes to company contact information; D. If the applicant is certificated or registered by the commission, a statement that the company is compliant with all reporting and assessment obligations; and E. A statement that the applicant is compliant with contribution obligations to the federal USF; and 7. A copy of the FCC’s decision if an applicant has sought and obtained a waiver of any ETC requirement from the FCC. (3) ETC status, if granted, will be issued by commission order. The company is responsible for providing a copy of the order to the federal Universal Service Fund administrator. (4) The commission may grant a waiver of or variance from any provision of 4 CSR 24031.010 through 4 CSR 240-31.016 for good cause, upon request or upon its own motion. AUTHORITY: sections 392.200.2, 392.248, and 392.470.1, RSMo 2016.* This rule originally filed as 4 CSR 240-31.016. Original rule filed April 12, 2018, effective Dec. 30, 2018. Moved to 20 CSR 4240-31.016, 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.