Federal Communications Commission
Washington, D.C. 20554
October 21, 2014
DA 14-1521
Small Entity Compliance Guide
FCC To Collect Data from Providers and Purchasers
Of Special Access Services and Certain Entities Providing “Best Efforts” 
Services in Price Cap Areas
FCC 12-153; DA 14-1327; WC Docket No. 05-25, RM-10593
   DATA COLLECTION RESPONSES ARE DUE BY DECEMBER 15, 2014
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. 
In any civil or administrative action against a small entity for a violation of 
rules, the content of the Small Entity Compliance Guide may be considered as 
evidence of the reasonableness or appropriateness of proposed fines, penalties 
and damages. 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
2Table of Contents
I. INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  . . . . 3
II. OBJECTIVES OF THE PROCEEDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
III. COMPLIANCE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  4
IV. RESPONDING TO THE DATA COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9
V. COMPLIANCE DATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9
VI. IMPORTANT DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  9
VII. WEB LINKS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
VIII. CITATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  11
3SMALL ENTITY COMPLIANCE GUIDE
Special Access Data Collection
WC Docket No. 05-25
RM-10593
I.   INTRODUCTION
? What is special access service?
Special access is the non-switched transport of voice and data over a dedicated 
transmission line between two or more designated points.  For example, wireless 
providers use high capacity special access lines to send voice and data from cell 
towers to their mobile switching center where the call is then switched to the sender’s 
intended recipient.  Individual consumers, small businesses, government offices, 
hospitals, medical offices, schools, libraries, ATMs and credit card readers use 
special access to either connect to a dedicated network or to an Internet service 
provider for the completion of the transmission via the Internet.
II.   OBJECTIVES OF THE PROCEEDING
The FCC is reviewing its special access regulations for the larger traditional phone 
companies—the “price cap” incumbent local exchange carriers (ILECs) such as 
AT&T, Verizon, Qwest, etc.—to determine whether the FCC’s special access rules 
are working to ensure just and reasonable rates, terms, and conditions for special 
access service and promote competition and investment in the special access market.  
On December 11, 2012, the FCC adopted a Report and Order and Further Notice of 
Proposed Rulemaking requiring providers and purchasers of special access and 
certain entities providing best efforts business broadband Internet access service to 
submit data and information.  The order included an “initial version” of the data 
collection questions.  On September 18, 2013, the FCC’s Wireline Competition 
Bureau (Bureau) released an order clarifying the scope of the collection, providing 
instructions on how to respond to the data collection questions, and providing a list of 
all modifications and amendments to the data collection questions and definitions
based on feedback received from industry.  The FCC then submitted the collection to 
the Office of Management and Budget (OMB) for approval (OMB Control No. 3060-
1197) pursuant to the Paperwork Reduction Act (PRA). OMB approved the 
collection on August 15, 2014, subject to changes.  On September 15, 2014, the 
Bureau released an Order on Reconsideration amending the collection to reflect the 
approval received from OMB and announcing a December 15, 2014, deadline by 
which parties are required to submit data and information.  
The FCC will collect information on the full array of special access services, 
including Circuit-Based Dedicated Services such as DS1s and DS3s, and Packet-
4Based Dedicated Services such as Ethernet. (Certain capitalized terms are defined in 
section VI, below.) Larger entities that provide Best Efforts Business Broadband 
Internet Access Services are also required to provide information to help the FCC 
assess whether such services, not including mobile wireless services, are a 
competitive substitute for special access services.
Once the data is collected, parties will have the opportunity to submit comments on
whether any changes to the FCC’s special access rules are needed.  Comments are 
currently due by April 6, 2015; reply comments are due by May 18, 2015. 
III. COMPLIANCE REQUIREMENTS
? Who must respond to the data collection?
o All Providers and Purchasers of special access services in areas where the 
incumbent local exchange carrier (ILEC) is subject to price cap regulation 
must respond to this data collection unless specifically excluded (see
discussion below on those Purchasers that are specifically excluded).  
o Providers that must respond include, but are not limited to, ILECs, 
competitive local exchange carriers (CLECs), interexchange carriers, cable 
system operators, fixed wireless service providers (including wireless Internet 
service providers (WISPs)), terrestrial and satellite mobile wireless service 
providers, electric utilities, local government entities, certain providers of 
information services and third party network providers.
o Purchasers that must respond include, but are not limited to, ILECs, CLECs, 
interexchange carriers, cable system operators, wireless providers, satellite 
service providers, international service providers to and from points in the 
United States, interconnected and non-interconnected voice over Internet 
protocol (VoIP) providers, certain information service providers such as 
Internet access providers, and entities that hold certain private wireless 
licenses.  A Purchaser does not include an entity that purchased less than $5 
million in Dedicated Services in 2013 (in areas where the ILEC is subject to 
price cap regulation).
o In addition to Providers and Purchasers, entities that provide Best Efforts 
Business Broadband Internet Access Services in an area where the ILEC is 
subject to price cap regulation are also required to respond to this data 
collection unless they have fewer than 15,000 customers and fewer than 1,500 
business broadband customers as of December 18, 2012.
5o To help you determine whether you provide or purchase special access 
services in a price cap area, there is a map available on the FCC’s website 
depicting the study areas where ILEC’s are subject to price cap regulation:
http://www.fcc.gov/maps/regulatory-type-holding-company-level-study-area.
  
? Who is excluded from responding to the data collection questions?
o Purchasers specifically excluded from the data collection are as follows:  Only 
entities falling into one or more of the categories listed below are specifically 
excluded from the collection even if they purchase Dedicated Service in a 
price cap area.       
? End Users that provide an information service; 
? Equipment authorization holders regulated under Parts 2 and 15 of the 
Commission’s rules;
? Accounting authorization holders in the maritime and maritime 
mobile-satellite radio services regulated under Part 3 of the 
Commission’s rules;
? Experimental radio authorization holders regulated under Part 5 of the 
Commission’s rules;
? Commercial radio operators regulated under Part 13 of the 
Commission’s rules;
? Antenna structure registration holders regulated under Part 17 of the 
Commission’s rules;
? Television and radio broadcasters regulated under Part 73 of the 
Commission’s rules;
? Holders of authorizations issued pursuant to Part 74 of the 
Commission’s rules such as experimental radio, auxiliary, special 
broadcast and other program distribution service authorizations;
? Maritime service authorization holders regulated under Part 80 of the 
Commission’s rules;
? Aviation service authorization holders regulated under Part 87 of the 
Commission’s rules;
? Private land mobile radio service authorization holders regulated under 
Part 90 of the Commission’s rules except for holders of authorizations 
under Part 90 for the provision of point-to-point fixed microwave 
services and authorizations in the Wireless Broadband Services 
frequency band, 3650-3700 MHz;
? Personal radio service authorization holders regulated under Part 95 of 
the Commission’s rules; and
6? Amateur radio service authorization holders regulated under Part 97 of 
the Commission’s rules.
o The above exclusions do not exclude entities from responding to those 
questions applicable to Providers of a Dedicated Service or entities that 
provide a Best Efforts Business Broadband Internet Access Service in a price 
cap area.  In addition, these exclusions only apply to the categorically 
excluded entity and do not extend to other entities within the same corporate 
structure or entities that are otherwise affiliated with the excluded entity.  For 
example, if an entity holding a television broadcast authorization is affiliated 
with a cable company that provides Dedicated Service, the affiliated cable 
company must still respond to the data collection even though the television 
broadcasting entity is not required to respond.  In addition, for clarity, we 
point out that these categorical exclusions do not include common carriers 
(wired or wireless), mobile wireless service providers, cable system operators 
even if they only provide video program services, international service 
providers, satellite service providers, or entities that hold FCC authorizations 
for the provision of fixed point-to-point microwave services.
o Entities that provide Best Efforts Business Broadband Internet Access 
Services in an area where the ILEC is subject to price cap regulation are not 
required to respond to those questions in the collection directed at such 
entities if they have fewer than 15,000 customers and fewer than 1,500 
business broadband customers as of December 18, 2012.
? Even if specifically excluded you may have a limited obligation to submit a 
certification.
oEntities that were required to report broadband connections in service to end 
users on the FCC Form 477 (“Local Telephone Competition and Broadband 
Reporting”) for 2013 but that are not a Provider, Purchaser, or an excluded 
Best Efforts Business Broadband Internet Access Services provider in a price 
cap area will still need to file a certification with the FCC saying as much.
  
7? Decision Tree to help you assess whether or not you are required to file 
anything.
8? Only certain questions apply to certain types of filers.
oThose required to respond to the collection questions only have to respond to 
the questions that apply to the category of services that they provide or 
purchase and that are not otherwise designated as “(optional).”  Further details 
are contained in the data collection instructions, which are available on the
FCC’s website, see FCC, Special Access Data Collection Overview, 
http://www.fcc.gov/encyclopedia/special-access-data-collection-overview-0.  
oBelow is a list of the questions directed at various categories of respondents:  
Type of Filer Mandatory Questions Voluntary Questions 
Competitive Providers 
(e.g., CLECs, 
interexchange carriers, 
cable operators and 
wireless providers)
Questions II.A.1-3, 
II.A.4(a)-(b), II.A.4(d)-
(k), II.A.5-10, II.A.11 
(part 1), II.A.12-19; 
Questions D.1-2
Questions II.A.4(c), 
II.A.11 (part 2), and 
II.A.16 subparts (a)-(e) 
ILECs Questions II.B.1-2, 
II.B.3(a)-(b), II.B.3(d)-(j), 
II.B.4-9, II.B.10-13; 
Questions D.1-2
Questions II.B.3(c) and 
II.B.9 subparts (a)-(e) 
Best Efforts Business 
Broadband Internet 
Access Service Providers
to 15,000 or more 
customers or 1,500 or 
more business broadband 
customers in price cap 
areas as of December 18, 
2012
Question II.C.1; 
Questions D.1-2
All Providers Questions D.1-2
Purchasers that are Mobile 
Wireless Service 
Providers
Questions II.E.1, 
II.E.2(a)-(c), II.E.2(e)-(j), 
II.E.3, II.E.12, II.E.15 
Questions II.E.2(d), 
II.E.4-11 and II.E.13-14
Purchasers that are not 
Mobile Wireless Service 
Providers
Questions II.F.1-2, 
II.F.11, II.F.14 
Questions II.F.3-10, 
II.F.12-13
FCC Form 477 filers that 
are not Providers, 
Purchasers or entities that 
provide Best Efforts 
Business Broadband 
Internet Access Service to 
15,000 or more customers 
Question II.G.1
9Type of Filer Mandatory Questions Voluntary Questions 
or 1,500 or more business 
broadband customers in 
price cap areas as of 
December 18, 2012 
? Penalties for non-response.  Failure to comply with the data reporting requirement 
may subject entities to monetary forfeitures of up to $160,000 for each violation or 
each day of a continuing violation, up to a maximum of $1,575,000 for any single act 
or failure to act that is a continuing violation.
IV. RESPONDING TO THE DATA COLLECTION
? On October 1, 2014, the FCC launched a website portal for the electronic submission 
of responses to the data collection questions and certifications.  The website portal is 
available at https://specialaccessfiling.fcc.gov/spadc/login.  The website portal 
contains a system guide that provides filers with additional information on how to 
navigate the submission process.
? The data collection seeks information on facilities, billing, revenue, and expenditures 
considered confidential by businesses.  The Bureau has released a protective order 
outlining the procedures for designating and accessing information deemed 
confidential and highly confidential.  The protective order allows only limited outside 
access to confidential and highly confidential information filed with the FCC. You 
can find a copy of the protective order on the FCC’s website, see FCC, Special 
Access Data Collection Overview, http://www.fcc.gov/encyclopedia/special-access-
data-collection-overview-0.
V. COMPLIANCE DATES
? Parties are required to respond to the data collection by December 15, 2014.
  
VI.   IMPORTANT DEFINITIONS
? Below is a list of defined terms used in this Small Entity Compliance Guide. For 
additional terms as used in the data collection, please refer to the Definitions section 
of the data collection questions; a copy of which can be found on the FCC’s website, 
see FCC, Special Access Data Collection Overview, 
http://www.fcc.gov/encyclopedia/special-access-data-collection-overview-0.
o “Best Efforts Business Broadband Internet Access Service” means a “best 
efforts” Internet access data service with an advertised bandwidth connection 
of at least 1.5 Mbps upstream and downstream that is marketed to enterprise 
10
or business customers such as DSL and cable modem broadband access but 
excluding mobile wireless services.
o “Competitive Provider” means a CLEC, interexchange carrier, cable operator, 
wireless provider or any other entity that is subject to the FCC’s jurisdiction 
under the Communications Act and either provides a Dedicated Service or 
provides a Connection over which a Dedicated Service could be provided. A 
Competitive Provider does not include an ILEC operating within its 
incumbent service territory.
o “Connection” means a wired “line” or wireless “channel” that provides a 
dedicated communication path between an End User’s Location and the first 
Node on a Provider’s network. Multiple dedicated communication paths 
serving one or more end users at the same Location should be counted as a 
single Connection. A Connection may be an unbundled network element 
(UNE), including an unbundled copper loop. A Connection must have the 
capability of being used to provide one or more Dedicated Services; however, 
a Connection can be used to provide other services as well. For example, a 
dedicated communication path that is currently being used to provide a mass 
market broadband service but has the capability to provide a Dedicated 
Service is considered a Connection for the purpose of this data collection. 
o “Dedicated Service” transports data between two or more designated points, 
e.g., between an End User’s premises and a point-of-presence, between the 
central office of a local exchange carrier (LEC) and a point-of-presence, or 
between two end user premises, at a rate of at least 1.5 Mbps with prescribed 
performance requirements that include bandwidth-, latency-, or error-rate 
guarantees or other parameters that define delivery under a Tariff or in a 
service-level agreement. Dedicated Service includes, but is not limited to, 
circuit-based Dedicated Service (CBDS) and packet-based Dedicated Service
(PBDS). For the purpose of this data collection, Dedicated Service does not 
include Best Efforts Business Broadband Internet Access Service.
o “End User” means a business, institutional, or government entity that 
purchases a communications service for its own purposes and does not resell 
such services, including mobile wireless service providers that purchase
communications services to make connections within its own network such as 
backhaul to a cell site.  
o “Incumbent Local Exchange Carrier (ILEC)” means, for the purpose of this 
data collection, a LEC that provides a Dedicated Service in study areas where 
it is subject to price cap regulation under sections 61.41-61.49 of the FCC’s 
rules, 47 C.F.R. §§ 61.41-61.49.
11
o “Location” means a building, other man-made structure, a cell site on a 
building, a free-standing cell site, or a cell site on some other man-made 
structure where the End User is connected.  
o “Node” means an aggregation point, branch point, or a point of 
interconnection on a Provider’s network including a point of interconnection 
to other Provider networks. 
o “Provider” means both ILECs and Competitive Providers. 
o “Purchaser” means Competitive Providers and End Users that are subject to 
the Commission’s jurisdiction under the Communications Act and that 
purchased Dedicated Services of $5 million or more in 2013 in areas where 
the ILEC is subject to price cap regulation. 
VII.  WEBLINKS
FCC, Special Access Data Collection Overview, https://specialaccess.fcc.gov/spadc/login
(webpage will soon go live).
IX. CITATIONS
Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition 
for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for 
Interstate Special Access Services, WC Docket No. 05-25, RM-10593, Order on 
Reconsideration, DA 14-1327 (Wireline Comp. Bur. rel. Sept. 15, 2014) (order 
amending and finalizing data collection to reflect the approval received from OMB 
pursuant to the PRA and announcing that responses to the data collection are due by 
December 15, 2014).
Commission Moves Forward with Special Access Data Collection, WC Docket No. 
05-25, RM-10593, Public Notice, DA 14-1201 (Wireline Comp. Bur. rel. Aug. 18, 
2014) (public notice announcing OMB approval of data collection subject to certain 
changes).
Comprehensive Market Data Collection for Interstate Special Access Services, FCC 
12-153, Notice of Office of Management and Budget Action, OMB Control No. 3060-
1197 (Aug. 15, 2014), available at
http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201311-3060-001# (OMB 
action approving the data collection subject to certain changes).
Information Collection Being Submitted for Review and Approval to the Office of 
Management and Budget (OMB), 78 Fed. Reg. 73,861 (rel. Dec. 9, 2013) (Federal 
12
Register notice announcing that data collection submitted to OMB for approval 
pursuant to PRA).
Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition 
for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for 
Interstate Special Access Services, WC Docket No. 05-25, RM-10593, Report and 
Order, 28 FCC Rcd 13189 (Wireline Comp. Bur. 2013) (order clarifying the scope of 
the data collection, providing instructions for submitting information, and modifying 
and amending questions and definitions contained in the data collection).
Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition 
for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for 
Interstate Special Access Services, 78 Fed. Reg. 2,572 (rel. Jan. 11, 2013) (Federal 
Register publication of Data Collection Order).
Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition 
for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for 
Interstate Special Access Services, WC Docket No. 05-25, RM-10593, Report and 
Order and Further Notice of Proposed Rulemaking, 27 FCC Rcd 16318 (2012) (Data 
Collection Order) (order outlining the data collection requiring providers and 
purchasers of special access and certain entities providing “best efforts” service to 
submit data, information and documents for a comprehensive evaluation of 
competition in the special access market).
Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition 
for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for 
Interstate Special Access Services, WC Docket No. 05-25, RM-10593, Report and 
Order, 27 FCC Rcd 10557 (2012) (order suspending the FCC’s special access pricing 
flexibility rules in areas subject to price cap regulation on an interim basis).