*Pages 1--8 from  Microsoft Word - 50025.doc*
 Federal  Communications  Commission  Washington,  D.  C.  20554 
 June  16,  2005 


 Small  Entity  Compliance  Guide 
 Local  Telephone  Competition  and  Broadband  Reporting  (FCC  Form  477) 


 DA  05-  1676 
 WC  Docket  No.  04-  141 
 This  Guide  is  prepared  in  accordance  with  the  requirements  of  Section  212  of  the  Small  Business  Regulatory  Enforcement  Fairness  Act  of  1996.  It  is  intended 
 to  help  small  entities—  small  businesses,  small  organizations  (non-  profits),  and  small  governmental  jurisdictions—  to  comply  with  the  new  rule/  s  adopted  in  the 
 above-  referenced  FCC  rulemaking  docket/  s.  This  Guide  is  not  intended  to  replace  the  rule/  s  and,  therefore,  final  authority  rests  solely  with  the  rule/  s. 
 Although  we  have  attempted  to  cover  all  parts  of  the  rule/  s  that  might  be  especially  important  to  small  entities,  the  coverage  may  not  be  exhaustive.  As  a 
 result,  in  any  civil  or  administrative  action  against  a  small  entity  for  a  violation  of  a  rule  or  rules,  the  content  of  the  Small  Entity  Compliance  Guide  may  be 
 considered  only  as  evidence  of  the  reasonableness  or  appropriateness  of  proposed  fines,  penalties  or  damages.  This  Guide  may  not  apply  in  a  particular 
 situation  based  upon  the  circumstances,  and  the  FCC  retains  the  discretion  to  adopt  approaches  on  a  case-  by-  case  basis  that  may  differ  from  this  Guide,  where 
 appropriate.  Any  decisions  regarding  a  particular  small  entity  will  be  based  on  the  statute  and  regulations.  Interested  parties  are  free  to  file  comments 
 regarding  this  Guide  and  the  appropriateness  of  its  application  to  a  particular  situation;  the  FCC  will  consider  whether  the  recommendations  or 
 interpretations  in  the  Guide  are  appropriate  in  that  situation.  The  FCC  may  decide  to  revise  this  Guide  without  public  notice  to  reflect  changes  in  the  FCC’s 
 approach  to  implementing  a  rule,  or  to  clarify  or  update  the  text  of  the  Guide.  Direct  your  comments  and  recommendations,  or  calls  for  further  assistance,  to 
 the  FCC’s  Consumer  Center: 
 1-  888-  CALL-  FCC  (1-  888-  225-  5322) 
 TTY:  1-  888-  TELL-  FCC  (1-  888-  835-  5322) 
 Fax:  202-  418-  0232 
 fccinfo@  fcc.  gov 
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 Illustrative  Small  Entity 
 Situations 
 Part  I:  Broadband  Part  II:  Wireline 
 Local  Telephone 
 Part  III:  Mobile 
 Local  Telephone 
 Part  IV:  Explanations 
 &  Comments 
 Part  V:  ZIP  Codes 


 Small  LECs:  ILEC,  has  no  broadband 
 connections,  does  not  provide  to  CLECs  any 
 UNEs  or  services  for  resale  to  end  users 


 Skip  Line  1  Skip  As  needed  Col.  (j) 


 ILEC,  above,  also  holds  a  spectrum  license  that 
 it  uses  to  provide  “cell  phone”  service;  its  cell 
 phone  subscribers  can  use  the  Internet,  but  not 
 at  broadband  speeds 


 Skip  Line  1  Answer  the  two 
 questions 
 As  needed  Col.  (j) 


 ILEC  with  ADSL  and  T-  1  connections  to  end- 
 user  locations,  does  not  provide  UNEs  or 
 services  for  resale 


 Line  1  and  Line  3  of  Part 
 I.  A,  and  also  question  11  of 
 Part  I.  B 


 Line  1  Skip  As  needed  Col.  (a),  (i),  and  (j) 


 ILEC  with  a  CLEC  affiliate  and  a  cable  TV 
 affiliate  with  cable  modem  connections; 
 ILEC  does  not  provide  unaffiliated  CLECs 
 with  UNEs  or  services  for  resale  to  end  users 


 In  a  form  for  only  non-  ILEC 
 operations,  Line  4  of  Part 
 I.  A  and  also  question  12  of 
 Part  I.  B 


 Line  1  in  separate 
 forms  reporting 
 ILEC  and  non-  ILEC 
 operations 


 Skip  As  needed  Col.  (j)  in  form  reporting  ILEC 
 operations;  col.  (c)  and  (j)  in  a 
 form  reporting  non-  ILEC 
 operations 
 Other  Broadband:  Cable  TV  system 
 provides  cable  modem  service;  not  authorized 
 as  CLEC  in  the  state 


 Line  4  of  Part  I.  A,  and  also 
 question  12  of  Part  I.  B 
 Skip  Skip  As  needed  Col.  (c) 


 WISP  uses  spectrum  on  an  unlicensed  basis  to 
 provide  broadband  Internet-  access  service 
 Line  7  of  Part  I.  A  Skip  Skip  As  needed  Col.  (f) 


 Municipality  owns  and  equips  fiber-  to-  the-  end- 
 user  connections  over  which  unaffiliated  ISPs 
 deliver  retail  broadband  Internet-  access  services 


 Line  5  of  Part  I.  A  Skip  Skip  As  needed  Col.  (d) 


 Utility  owns  and  equips  “Access  BPL” 
 connections  to  end-  user  locations 
 Line  9  of  Part  I.  A  Skip  Skip  As  needed  Col.  (h) 


 Note:  The  examples  in  this  table  are  illustrative.  They  do  not  exhaustively  describe  the  particular  circumstances  of  all  the  small  entities  that  are  obligated  to  file  FCC  Form  477. 
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