IUB Issues Informational Order on ETC Filings

As predicted in Friday’s ITA Update, the IUB issued an Order yesterday to provide guidance to Iowa ETCs on how to comply with the FCC’s May 8th Public Notice requiring all ETCs to file reports with the FCC, USAC and the state commissions by July 2, 2012.   

The May 8th FCC Public Notice directs ETCs to file the following information required by 47 C.F.R. §§ 54.313(a)(2) through (a)(6): 

• Detailed information regarding 2011 outages of 30 minutes or more, particularly those affecting 10 percent or more of the carrier’s end users and/or 911 special facilities;
• The number of requests for service that were unfulfilled during 2011 and the ways the carrier attempted to provide service to those potential customers;
• The number of complaints per 1,000 connections received by the carrier during 2011;
• Certification of compliance with applicable service quality standards and consumer protection rules during 2011; and
• Certification that the carrier is able to function in emergency situations.  

During the past couple of weeks there was uncertainty and discussion as to whether or not Iowa ETCs needed to re-file this information. 

Last week, IUB staff talked with FCC staff person Alex Minard and determined that some of the information on the May 1st Iowa ETC filings was similar to what is required by the FCC’s July 2nd filing and therefore should be re-filed.   

In its Order, the IUB advises that ETCs should simply file those portions of their 2012 Iowa reports related to the requirements under §§ 54.313(a)(2) through (6) with the FCC and USAC (and re-file them with the Board).  In other words, ETCs need not file their Network Improvement Plans or other information included in their May 1st ETC filings that go beyond the scope of (a)(2) – (6). 

In addition, on May 14, 2012, the FCC issued its Third Order on Reconsideration clarifying that ETCs need report "additional voice rate data” only if their local residential rates and fees are below $10 per month as of June 1, 2012. 

IUB staff will begin reviewing the May 1st Annual Reports and the July 2nd filings in early July to meet its obligation to certify to the FCC and USAC by October 1st that every ETC has used its high-cost USF support as intended. 

Finally, the IUB gave the following additional guidance: 

1. Filings must be made by July 2, 2012; the IUB advises that any filing made after 3:30 pm on that date will likely not receive a July 2 date stamp.
2. ETCs that file reports pursuant to this order should title their filings as "Section 54.313 Annual Report for 2012.”
3. Carriers that consider any of the information in a § 54.313 Annual Report to be confidential, should file both a public and confidential version of the material using the Board’s EFS according to the Board’s rules at 199 IAC 14.2, along with a request for confidential treatment pursuant to 199 IAC 1.9 and Iowa Code § 22.7. 

Questions should be directed to Jim Langenberg, Utility Analyst, 515-725-7327 or jim.langenberg@iub.iowa.gov. 

Click here to read the Order -- https://efs.iowa.gov/efiling/groups/external/documents/docket/110106.pdf