Frequently Asked Questions (FAQs) Special Access Data Collection WC Docket No. 05-25; RM-50193 (Updated as of: 11/7/14) This document was prepared by the staff at the Wireline Competition Bureau and provides answers to non-technical frequently asked questions (FAQs) regarding the Special Access Data Collection and will be updated periodically. These FAQs are not a substitute for carefully reviewing the data collection Questions and Instructions. Please direct all technical questions concerning the Special Access Web Portal to FCC Support at 1-877-480-3201 or 1-717-338-2824 (TTY) or you may submit requests via e-support. As used below, all capitalized and italicized terms (e.g., Purchaser, Provider, etc.) are defined terms used for purposes of the data collection. For definitions of these terms, please refer to the Special Access Data Collection – Glossary of Terms. Special Access Data Collection FAQs 11/7/14 Table of Contents General 1. What is special access? 2. What is the purpose of the special access data collection? 3. What is the Commission going to do with the data collected? 4. What is the filing deadline for the collection? 5. Where do I submit my data? 6. What are the penalties for not filing in response to this data collection? 7. Is there a filing fee? 8. Is there a glossary of terms used in the collection? 9. Is the FCC planning any webinars or seminars on the collection? Who must Respond to the Collection? 1. Who must respond to the collection? 2. How can I determine if I operate in a study area where the ILEC is subject to price cap regulation? 3. Am I required to respond if I operate in areas where the ILEC is subject to rate of return regulation? 4. Am I required to respond if the ILEC that operated in my service area converted from rate-or-return to price cap regulation in 2013? 5. Who is required to respond to the collection when a change in control occurs during the 2013 reporting period? 6. Who is required to respond to the collection when a change in control occurred after the 2013 reporting period? 7. Do facility based Competitive Access Providers (CAPs) who provide wholesale services to other carriers, retail Dedicated Services to End Users and do not file FCC Form 477 need to respond to the collection? Exemptions from Responding 1. Is there a de minimis or small business exemption from responding? 2. I am a small business Purchaser. Am I required to respond? 3. Am I exempted from the collection if I self-provision special access service to my own facilities on a private fiber network? 4. How is the $5 million threshold calculated for determining whether a filer is a Purchaser for purposes of the collection (e.g., when dealing with a holding company consisting of various subsidiaries)? 5. I am a small Best Efforts Business Broadband Internet Access Service provider. Am I required to respond? 6. I am a business, school, or local government entity that provides an information service. Am I required to respond? 7. I am an equipment authorization holder regulated under Parts 2 and 15 of the Commission’s rules. Am I required to respond? 8. I am an accounting authorization holder in the maritime and maritime mobile- satellite radio services regulated under Part 3 of the Commission’s rules. Am I required to respond? 2 Special Access Data Collection FAQs 11/7/14 9. I am an experimental radio authorization holder regulated under Part 5 of the Commission’s rules. Am I required to respond? 10. I am a commercial radio operator regulated under Part 13 of the Commission’s rules. Am I required to respond? 11. I am an antenna structure registration holder regulated under Part 17 of the Commission’s rules. Am I required to respond? 12. I am a television and/or radio broadcaster regulated under Part 73 of the Commission’s rules. Am I required to respond? 13. I hold an authorization issued pursuant to Part 74 of the Commission’s rules such as experimental radio, auxiliary, special broadcast and other program distribution service authorizations. Am I required to respond? 14. I hold a maritime service authorization regulated under Part 80 of the Commission’s rules. Am I required to respond? 15. I am an aviation service authorization holder regulated under Part 87 of the Commission’s rules. Am I required to respond? 16. I am a private land mobile radio service authorization holder regulated under Part 90 of the Commission’s rules. Am I required to respond? 17. I am a personal radio service authorization holder regulated under Part 95 of the Commission’s rules. Am I required to respond? 18. I am an amateur radio service authorization holder regulated under Part 97 of the Commission’s rules. Am I required to respond? 19. Am I required to if I filed FCC Form 477 for 2013 but I am not a Provider, Purchaser, or Best Efforts Business Broadband Internet Access Services provider in a price cap area? Confidential Treatment of Submissions 1. Will other filers be able to view the information I submit? 2. Will other parties be able to view my submissions through the special access web portal? 3. How will the FCC protect customer names and Customer Proprietary Network Information (CPNI)? Definitions 1. Does the definition of Connection include a dedicated communications path between two End Users? 2. Does the definition of Connection include unlit dark fiber? 3. Are Synchronous Optical NETwork (SONET), Automatic Teler Machine (ATM) and frame relay services considered a Circuit Based Dedicated Service (CBDS) or a Packet Based Dedicated Service (PBDS) for purposes of the collection? 4. Does Location include an End User’s premises? 5. Does Location include central offices? 6. Are bundled services, including voice, Internet access and data, treated as Dedicated Services? Competitive Provider Questions (Section II.A) 1. Are companies that access dark fiber pursuant to a non-IRU agreement but provide Dedicated Services to End Users and do not own or use UNEs have to respond to Section II.A? 3 Special Access Data Collection FAQs 11/7/14 2. How do I know where the Commission has granted Phase I or Phase II Pricing Flexibility? (Question II.A.2(a)) 3. Should fiber route mapping data be current as of December 31, 2013 or as of the filing date? (Question II.A.5) 4. Can I use google maps or some other file format other than ESRI Shapefiles to file my response to the fiber mapping questions? (Questions II.A.5, II.B.) 5. What do I need to report in the database container if I have submitted only loosing or unsuccessful bids for Requests for Proposals (RFPs)? (Question II.A.11) 6. For the circuit ID, who is the entity that purchased the elements in common for a particular circuit? (Question II.A.12(d)) 7. How do we report bundled billing components? (Question II.A.14) 8. Does a company that sells unlit dark fiber have to report the associated Revenue? (Questions II.A.15-17) 9. In responding to Question II.A.17, may I use a sampling methodology to account for the percentage of my Revenues from the sale of DS1, DS3, and PBDS services in 2013 that were generated from an agreement or Tariff that contains a Prior Purchase- Based Commitment? (Question II.A.17) ILEC Questions (Section II.B) 1. How do I know where the Commission has granted Phase I or Phase II Pricing Flexibility? (Questions II.B.7, II.B.12(k)-(n)) 2. Am I required to report “past due” billing balances and, if so, how? (Question II.B.4) 3. How am I required to report “monthly prorated” billing information? (Question II.B.4) 4. How am I required to report billing information for customers in arrears? (Question II.B.4) 5. How do I report “in-cycle adjustments” as line items on customer’s bill? (Table II.B.4) Best Efforts Business Broadband Internet Access Service provider Questions (Section II.C) 1. In the Instructions – Pages 53-54, the suggested record format template for responding to Question II.C.1 includes subparts “c-d Part 1” and “c-d Part 2” but there is no subpart “c-d” in the Data Collection Question II.C.1? (Question II.C.1) “Purchasers – mobile wireless service provider” Questions (Section II.E) “Purchasers – Other” Questions (Section II.F) 1. Are expenditures on Dedicated Service reported to include just the monthly recurring charges (MRCs) or the MRCs and the non-recurring charges (NRCs) associated with the service, e.g., ETFs, construction charges, etc.? (Question II.F.2) 2. How do I know where the Commission has granted Phase I or Phase II Pricing Flexibility? (Questions II.F.13(m)-(n)) 4 Special Access Data Collection FAQs 11/7/14 Form 477 Filer Certification (Section II.G) 1. Does the data collection affect my Form 477 filing? 2. Do I need to amend my Form 477 filing because of the special access data collection? Special Access Web Portal “Log In” Page 1. How do I submit responses to the collection? 2. What is an FRN? 3. What is the format for entering the FRN? 4. I don't know my FRN password. 5. I have multiple FRNs. Which FRN should I log in with? 6. Does the parent company of a subsidiary or affiliate that is otherwise required to respond to the collection need to apply for an FRN is they do not have one? 7. How come I can’t log in with my FRN password? “Getting Started” Page 8. What is the Database Container Download? 9. When will the Database Container be available for Download? 10. Can I submit data without using the Database Container? 11. Can I submit my Essay Uploads without submitting my Database Container and Log File? 12. Do I qualify for the Streamlined Certification Process? “Filer Identification” Page 13. Who is a “Purchaser – Other”? “Essay Uploads” Page 14. What collection Questions should appear in the Essay Uploads section for my filer type? 15. Is there a file size limit for Essay Uploads? 16. How can I submit files that exceed 2 GB? 17. My essay responses do not contain Highly Confidential Information so what am I supposed to upload in the "Highly Confidential" field? 18. What types of files will the essay upload accept? “Database Upload” Page 19. What types of files will the database upload accept? 20. Is there a file size limit for Essay Uploads? 21. How can I submit files that exceed 2 GB? 22. What is a Log File? 23. Why can’t I upload my Log File and Database Container? “Certification” Page 24. May a single Certification Statement cover multiple entities? Submission 25. Can I print my complete submission package? 26. Can I print the certification page as proof of filing? 27. When will I be able to submit responses to the Full Website. 28. How do I change the filer type once I submit my responses to the Full Website? 5 Special Access Data Collection FAQs 11/7/14 General 1. What is special access? Special access services, or Dedicated Services, transport voice and data over a dedicated transmission line between two or more designated points at a rate of at least 1.5 megabytes per second (Mbps) upstream and downstream. Special access service encompasses Circuit-Based Dedicated Services (CBDS) such as DS1s and DS3s and Packet- Based Dedicated Services (PBDS) such as Ethernet. 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. 2. What is the purpose of the special access data collection? The FCC is collecting data for an analysis of the broader special access market. The analysis will help the FCC revise its regulations of the special access services provided by larger traditional phone companies—the “price cap” Incumbent Local Exchange Carriers (ILECs) such as AT&T, Verizon, Qwest, etc.—to target regulatory relief where there is sufficient competition to ensure just and reasonable rates, terms, and conditions. For more information, see the FCC’s Special Access Data Collection Overview webpage. 3. What is the Commission going to do with the data collected? The Commission is collecting the data for a comprehensive market analysis that will look at the number special access providers, facilities, service offerings, revenues, and expenditures nationwide in all price cap areas. The Commission’s review is not limited to the legacy TDM-based services such as DS1s and DS3s provided by larger traditional phone companies (ILECs) but also includes the packet-based service offerings of both phone companies and their competitors such as Ethernet. For more information about the proposed analysis, see the Commission’s December 2012 Data Collection Order. 4. What is the filing deadline for the collection? December 15, 2014. 5. Where do I submit my data and information in response to the collection? The FCC launched a secure web filing interface, i.e. the special access data collection web portal, through which respondents will file data and information in response to the data collection and certifications for those Form 477 filers needing to just certify that they are not covered by the scope of the collection. The special access data collection web portal is available by clicking here. 6. What are the penalties for not filing in response to this data collection? Failure to comply with these data reporting requirements may subject parties 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. 6 Special Access Data Collection FAQs 11/7/14 7. Is there a filing fee? No. 8. Is there a glossary of terms used in the collection? Definitions are available in the Definitions section of the Data Collection Questions or the Commission maintains a Glossary page for the data collection. 9. Is the FCC planning any webinars or seminars on the collection? Please check the Special Access Data Collection Overview page for announcements regarding webinars, brown bags and other programs as well as recordings of those webinars and the webinar slide decks. • The Federal Communications Bar Association (FCBA) Wireline Committee has scheduled a “brown bag” luncheon on the data collection for Friday, November 14, 2014, 12:15-1:30 PM. Information on registering for the FCBA brown bag is available here. • The FCC hosted a webinar providing a high-level overview of the collection and opportunity to ask general questions, which was held on October 30, 2014. A live recording of the webinar will be made available on the Special Access Data Collection Overview page. Who must respond to the collection? 1. Who must respond to the collection? Providers and Purchasers of Dedicated Services and certain entities providing Best Efforts Business Broadband Internet Access Service in study areas where the Incumbent Local Exchange Carrier (ILEC) is subject to price cap regulation must respond to the collection unless specifically excluded. The collection captures data from ILECs, competitive local exchange carriers (CLECs), interexchange carriers (IXCs), cable system operators, wireless providers, or any other entity subject to the FCC’s jurisdiction that is not otherwise exempted that either provides a dedicated service or a connection over which a Dedicated Service could be provided as well as End User, i.e. business, institutional or government entities, that purchase Dedicated Services including wireless service providers. 2. How can I determine if I operate in a study area where the ILEC is subject to price cap regulation? The FCC developed a mapping tool to assist entities in determining whether they provide or purchase services covered by the scope of the collection in price cap areas. You are only required to report information and data pertaining to those study areas where the ILEC is subject to price cap regulation, not rate-of-return areas. That said, entities can report information across their territories, including the rate-of-return areas, if they find it easier to do so. 3. Am I required to respond if I only operate in areas where the Incumbent Local Exchange Carrier (ILEC) is subject to rate of return regulation? No. You are only required to respond to the data collection in study areas where the ILEC is subject to price cap regulation, not rate-of-return regulation. The FCC developed a 7 Special Access Data Collection FAQs 11/7/14 mapping tool to assist entities in determining whether they provide or purchase services covered by the scope of the collection in price cap areas. 4. Am I required to respond if the ILEC that operated in my service area converted from rate-or-return to price cap regulation in 2013? Yes. The collection covers Dedicated Service provided or purchased and Best Efforts Business Broadband Internet Access Service provided if the ILEC was subject to price cap regulation in the area at any point during the relevant reporting period, 2013. 5. Who is required to respond to the collection when a change of control occurs during the 2013 reporting period? If at any point during the 2013 reporting period, the entity in question provided services covered by the scope of this collection or purchased Best Efforts Business Broadband Internet Access Service, then the current owner of that entity is required to respond. 6. Who is required to respond to the collection when a change of control occurs after the 2013 reporting period? In a situation where a system used to provide service in 2013 is later sold in an assignment of assets in 2014, then the successor-in-interest at the time of the December 15, 2014 filing deadline is required to comply. Of course, the parties could contract to have the seller prepare the filing but the reporting entity is the successor-in-interest. In a transfer of control scenario, the entity that owns the system still exists and would still have to comply even if control of that entity was transferred in 2014. 7. Do facility based Competitive Access Providers (CAPs) who provide wholesale services to other carriers, retail Dedicated Services to End Users and do not file FCC Form 477 need to respond to the collection? Yes. Exemptions from Responding 1. Is there a de minimis or small business exemption from responding? Purchasers that purchased less than $5 million in Dedicated Services in 2013 in areas where the ILEC is subject to price cap regulation in 2013 are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 1-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 2. I am a small business Purchaser. Am I required to respond? Purchasers that purchased less than $5 million in Dedicated Services in 2013 in areas where the ILEC is subject to price cap regulation are specifically excluded from the collection. However, if you were required to file FCC Form 477 to report the provision of 8 Special Access Data Collection FAQs 11/7/14 broadband connections to end user locations for year 2013 then you must file a certification using the Streamlined Certification Process using the FCC’s secure website portal, Special Access Web Portal. For more information, see Data Collection Questions – Pages 4, 28 and the System Guide. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 3. Am I exempted from the collection if I self-provision special access service to my own facilities on a private fiber network? No. Even if you self-provision special access services to your own facilities on a private network, you may still be required to file a response to the collection. 4. How is the $5 million threshold calculated for determining whether a filer is a Purchaser for purposes of the collection (e.g., when dealing with a holding company consisting of various subsidiaries)? Parties can either submit a single response reporting aggregate information at the ultimate parent/holding company level for all subsidiaries and intermediate holding companies or submit separate responses for individual subsidiaries, and intermediate holding companies. When dealing with a holding company consisting of subsidiaries, the $5 million threshold is calculated at the holding company level even if the parent decides to file separate responses for each subsidiary or operating unit. For example, ultimate Parent Company A directly owns Subsidiary A and Subsidiary B, each subsidiary purchased $2.6 million in Dedicated Services in price cap areas for 2013. The company as a whole is considered a Purchaser for purposes of the collection because its expenditures in the aggregate exceed $5 million. The company can either submit one response at the parent company level or file two separate responses, one for Subsidiary A and one for Subsidiary B. For additional information, see the data collection Instructions – Pages 7-8. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 5. I am a small Best Efforts Business Broadband Internet Access Service provider. Am I required to respond? Entities providing Best Efforts Business Broadband Internet Access Service to fewer than 15,000 customers and fewer than 1,500 business broadband customers as of December 18, 2012 are not required to respond to the questions directed at such entities. However, you may be required to provide data in response to questions if you are a Provider or Purchaser of Dedicated Services. For more information, see Data Collection Questions – Page 1. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 6. I am a business, school, or local government entity that provides an information service. Am I required to respond? End Users (businesses, schools, local government entities) that provide an information service (such as Internet access service) are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to 9 Special Access Data Collection FAQs 11/7/14 simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 7. I am an equipment authorization holder regulated under Parts 2 and 15 of the Commission’s rules. Am I required to respond? Parts 2 and 15 equipment authorization holders are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 8. I am an accounting authorization holder in the maritime and maritime mobile- satellite radio services regulated under Part 3 of the Commission’s rules. Am I required to respond? Part 3 accounting authorization holders in the maritime and maritime mobile-satellite radios services are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 9. I am an experimental radio authorization holder regulated under Part 5 of the Commission’s rules. Am I required to respond? Part 5 experimental radio authorization holders are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the 10 Special Access Data Collection FAQs 11/7/14 FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 10. I am a commercial radio operator regulated under Part 13 of the Commission’s rules. Am I required to respond? Part 13 commercial radio operators are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 11. I am an antenna structure registration holder regulated under Part 17 of the Commission’s rules. Am I required to respond? Part 17 antenna structure registration holders are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 12. I am a television and/or radio broadcaster regulated under Part 73 of the Commission’s rules. Am I required to respond? Part 73 television and/or radio broadcasters are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 13. I hold an authorization issued pursuant to Part 74 of the Commission’s rules such as experimental radio, auxiliary, special broadcast and other program distribution service authorizations. Am I required to respond? 11 Special Access Data Collection FAQs 11/7/14 Part 74 authorization holders, such as experimental radio, auxiliary, special broadcast and other program distribution service authorization holders, are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 14. I hold a maritime service authorization regulated under Part 80 of the Commission’s rules. Am I required to respond? Part 80 maritime service authorization holders are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 15. I am an aviation service authorization holder regulated under Part 87 of the Commission’s rules. Am I required to respond? Part 87 aviation service authorization holders are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 16. I am a private land mobile radio service authorization holder regulated under Part 90 of the Commission’s rules. Am I required to respond? Part 90 private land mobile radio service authorization holders are excluded from the questions directed at Purchasers except for authorization holders providing point-to-point fixed microwave services and authorization holders in the Wireless Broadband Services frequency band (3650-3700 MHz). Further, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business 12 Special Access Data Collection FAQs 11/7/14 broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here 17. I am a personal radio service authorization holder regulated under Part 95 of the Commission’s rules. Am I required to respond? Part 95 personal radio service authorization holders are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 18. I am an amateur radio service authorization holder regulated under Part 97 of the Commission’s rules. Am I required to respond? Part 97 amateur radio service authorization holders are excluded from the questions directed at Purchasers. However, you may be required to provide data in response to questions if you are a Provider or entity providing Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Even if you do not fall in any of these categories, you may have an obligation to simply file a certification with the FCC saying as much if you were required to file the FCC Form 477 to report broadband connections to end user locations for 2013. For additional information, see the Bureau's September 2013 Data Collection Implementation Order and the data collection Instructions – Pages 3-4. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. 19. Am I required to if I filed FCC Form 477 for 2013 but I am not a Provider, Purchaser, or Best Efforts Business Broadband Internet Access Services provider in a price cap area? If you were required to report broadband connections to end user locations on the FCC Form 477 (“Local Telephone Competition and Broadband Reporting”) for 2013 you are required to respond to the collection only to certify that you are not a Provider, Purchaser, or Best Efforts Business Broadband Internet Access Services provider in a price cap area. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. Confidential Treatment of Submissions 1. Will other filers be able to view the information I submit? 13 Special Access Data Collection FAQs 11/7/14 Information and data submitted in response to the data collection are subject to protections afforded in the Data Collection Protective Order. Only those authorized persons who are Outside Counsel or Outside Consultants and not involved in Competitive Decision-Making and have executed an Acknowledgement of Confidentiality, as those terms are defined in the Protective Order, will be able to access Confidential and Highly Confidential Information and Data submitted in response to the collection. For more information, see the Data Collection Protective Order. 2. Will other parties be able to view my submissions through the special access web portal? No. Only the filer will be able to view their essay uploads and database container uploads submitted in response to the collection through the web portal. 3. How will the FCC protect customer names and Customer Proprietary Network Information (CPNI)? The FCC will mask the names of customers, i.e. Customer Proprietary Network Information (CPNI), reported by Providers in their reported billing data with some other unique identifier which will protect the customer’s privacy interest while not adversely affecting analysis results. For more information, see the Data Collection Protective Order. Definitions 1. Does the definition of Connection include a dedicated communications path between two End Users? Yes. 2. Does the definition of Connection include unlit dark fiber? A Connection merely has to have the capability of being used to provide a Dedicated Service for purposes of the data collection, which captures Connections using unlit dark fiber. 3. Are Synchronous Optical NETwork (SONET), Automatic Teler Machine (ATM) and frame relay services considered a Circuit Based Dedicated Service (CBDS) or a Packet Based Dedicated Service (PBDS) for purposes of the collection? For purposes of the data collection, SONET, ATM and frame relay services are treated as PBDS. 4. Does Location include an End User’s premises? Yes. 5. Does Location include central offices? No. 6. Are bundled services, including voice, Internet access and data, treated as Dedicated Services? Yes. The Dedicated Services components of a bundled service offering are captured by the collection as Dedicated Services. 14 Special Access Data Collection FAQs 11/7/14 Competitive Provider Questions (Section II.A) 1. Are companies that access dark fiber pursuant to a non-IRU agreement but provide Dedicated Services to End Users and do not own or use UNEs have to respond to Section II.A? The respondent is only required to respond to Questions II.A.1-2. 2. How do I know where the Commission has granted Phase I or Phase II Pricing Flexibility? (Question II.A.2(a)) A complete list of where the Commission has granted either Phase I and/or Phase II Pricing Flexibility for Channel Terminations can be found in Appendix D to the Commission's Pricing Flexibility Suspension Order. 3. Should fiber route mapping data be current as of December 31, 2013 or as of the filing date? (Question II.A.5) For purposes of answering Question II.A.5, mapping data submitted should be accurate as of the filing date. 4. Can I use google maps or some other file format other than ESRI Shapefiles to file my response to the fiber mapping questions? (Question II.A.5) There are free mapping software programs available, such as QGIS, with which you can use to generate a Shapefile format fiber map for uploading to the web portal and submit in response to Question II.A.5. 5. What do I need to report in the database container if I have submitted only loosing or unsuccessful bids for Requests for Proposals (RFPs)? (Question II.A.11) In Question II.A.11, if you have only submitted loosing or unsuccessful bids for RFPs, in order to complete II.A.11 for the data container to avoid an error message, type “Not Applicable” in each field following “RFP_Number,” and provide an explanation in the Explanatory Attachment. 6. For the circuit ID, who is the entity that purchased the elements in common for a particular circuit? (Question II.A.12(d)) The circuit ID common to all elements purchased in common for a particular circuit refers to what was purchased by the Competitive Provider’s customer. 7. How do we report bundled billing components? (Question II.A.14) Question II.A.14 does not require you to use the ILEC-centric diagram and descriptions to assign billing codes. As set forth in Question II.A.14(c), “[i]f none of the possible entries describes the circuit element, enter a short description.” This allows you to create your own unique billing codes and provide your own description as to what a particular code relates to. 8. Does a company that sells unlit dark fiber have to report the associated Revenue? (Questions II.A.15-17) No, only Revenues from the provision of Dedicated Services. 15 Special Access Data Collection FAQs 11/7/14 9. In responding to Question II.A.17, may I use a sampling methodology to account for the percentage of my Revenues from the sale of DS1, DS3, and PBDS services in 2013 that were generated from an agreement or Tariff that contains a Prior Purchase- Based Commitment? (Question II.A.17) In responding to Question II.A.17, the FCC will accept percentages based on a sampling of existing and new agreements or Tariffs provided that the respondent demonstrates in the Explanatory Attachment that the sampling methodology meets the following criteria: • The sample is randomly selected; • The sample design (including the sample size) is developed so that estimates meet a reasonable precision objective (e.g., estimates will be +/-5% with 95% confidence); • The sample design gives consideration to the use of stratification and/or probability-proportional-to-size techniques to establish appropriate representation of sampling units to achieve the precision objectives; • The sample data used in the calculation of the estimates will be available to the FCC upon request along with documentation as to how sample was selected. Taking advantage of this option does raise the possibility that the FCC may contact the respondent post-submission inquiring about the sufficiency of the sampling methodology. ILEC Questions (Section II.B) 1. How do I know where the Commission has granted Phase I or Phase II Pricing Flexibility? (Questions II.B.7, II.B.12(k)-(n)) A complete list of where the Commission has granted either Phase I and/or Phase II Pricing Flexibility for Channel Terminations can be found in Appendix D to the Commission's Pricing Flexibility Suspension Order. 2. How do I report “past due” billing balances on invoices? (Table II.B.4) To the extent “past due” balances can be separated from the bills, they can be excluded from Table II.B.4. If the amounts cannot be excluded from the bill, but can be identified, they should be identified as such using a “Billing_Code” field that links to Table II.B.6. 3. How do I report “monthly prorated” billing information? (Table II.B.4) To the extent that the billed amount can be separated and identified (using Billing Codes that link to Table II.B.6) as “prior-month prorated” charges, you may do so using separate line items under the unique Circuit ID. If these charges cannot be separately broken out from the billed amount, they may all be included as a single amount under the “Billed” amount. 4. How do I report billing information for customers in arrears? (Table II.B.4) To the extent that the billed amount can be separated and identified (using Billing Codes that link to Table II.B.6) as “arrears” charges, you may do so using separate line items under the unique Circuit ID. If these charges cannot be separately broken out from the billed amount, they may all be included as a single amount under the “Billed” amount. 5. How do I report “in-cycle adjustments” as line items on customer’s bill? (Table II.B.4) 16 Special Access Data Collection FAQs 11/7/14 Companies are only required to report in-cycle adjustments as line items on the bill if they were originally billed as such. The adjustments should appear in Table II.B.4 as a separate observation with the corresponding Circuit ID for which the adjustment applies. The observation in the table containing the information on the adjustment should also include a Billing Code describing it as such and linking it to Table II.B.6. If the adjustments were not billed as separate line items, or if the adjustments apply to multiple Circuit IDs, the adjustments should be reported in Table II.B.5. Best Efforts Business Broadband Internet Access Service provider Questions (Section II.C) 1. In the Instructions – Pages 53-54, the suggested record format template for responding to Question II.C.1 includes subparts “c-d Part 1” and “c-d Part 2” but there is no subpart “c-d” in the Data Collection Question II.C.1? In the Instructions, “Question II.C.1.c-d Part 1”on page 53 should read “Question II.C.a-b Part 1” and “Question II.C.1.c-d Part 2” on page 54 should read “Question II.C.a-b Part 2.” “Purchasers – mobile wireless service provider” Questions (Section II.E) “Purchasers – Other” Questions (Section II.F) 1. Are expenditures on Dedicated Service reported to include just the monthly recurring charges (MRCs) or the MRCs and the non-recurring charges (NRCs) associated with the service, e.g., ETFs, construction charges, etc.? (Question II.F.2) Filers should report both the MRCs and NRCs associated with the Dedicated Service as expenditures on Dedicated Service. 2. How do I know where the Commission has granted Phase I or Phase II Pricing Flexibility? (Questions II.F.13(m)-(n)) A complete list of where the Commission has granted either Phase I and/or Phase II Pricing Flexibility for Channel Terminations can be found in Appendix D to the Commission's Pricing Flexibility Suspension Order. Form 477 Filer Certification (Section II.G) 1. Does the data collection affect my Form 477 filing? No. 2. Do I need to amend my Form 477 filing because of the special access data collection? No. 3. Can I certify at the holding company level or do I need to break it out by subsidiaries? You have the option of filing the certification at the holding company-level or individually by subsidiary. 17 Special Access Data Collection FAQs 11/7/14 Special Access Web Portal “Log In” Page 1. How do I submit responses to the collection? Submit responses to the collection, including narrative responses and database containers, and streamlined certifications through the Special Access Web Portal 2. What is an FRN? FRN stands for FCC Registration Number. In order to conduct business with the FCC, you must first register through the Commission Registration System (CORES) as a business or individual. Upon registration, you will be assigned a 10-digit FRN, which will be used to uniquely identify you in transactions with the FCC. 3. What's the format for entering the FRN? Enter the FRN with no dashes or spaces, and be sure to enter any leading zeroes. 4. I don't know my FRN password. Click the Forgot You Password? link on the Log In page. This will allow you to reset your password online if you know the answer to your previously-provided a Personal Security Question. If you do not have this information, contact FCC Technical Support at 1-877-480- 3201 and select option #1 from the menu for password reset assistance (Mon-Fri 8:00am- 6:00pm ET). 5. Does the parent company of a subsidiary or affiliate that is otherwise required to respond to the collection need to apply for an FRN is they do not have one? Yes, the parent company will need to register for an FRN in order to respond to the collection. 6. I have multiple FRNs. Which FRN should I log in with? Parties can either summit a single response reporting aggregate information at the ultimate parent/holding company level for all subsidiaries, affiliates, and intermediate holding companies or submit separate responses for individual subsidiaries, affiliates, and intermediate holding companies. For further information, see the date collection Instructions – Pages 7-8. 7. How come I can’t log in with my FRN password? The web portal log in does not allow certain special characters (such as @ or &) to be in the password even if you registered an FRN and password with special characters with the FCC's Commission Registration System (CORES). Please click the "Forgot your password?" link on the web portal log in screen to generate a new password associated with your FRN and make sure this password does not contain any special characters. “Getting Started” Page 8. What is the Database Container Download? The database container is a file for submitting data that will include validation scripts to verify that the filer is providing the data in the appropriate format. It is currently 18 Special Access Data Collection FAQs 11/7/14 unavailable pending further testing. Once available, we will announce on the Special Access Data Collection Overview page. 9. When will the Database Container be available for Download? The database container parties will download from the web portal to load and deliver certain data in response to the collection, e.g., location and pricing data, is undergoing final testing and is not yet available. Accordingly, the Bureau has deactivated certain functionality on the web portal that respondents will use to electronically upload the database container pending completion of the database container. This feature will become available in the near future, in Version 2.0, once testing is successfully completed. 10. Can I submit data without using the Database Container? Only for .zip files that are larger than 2 GB. Respondents can make arrangements with FCC staff to deliver files larger than 2 GB using a portable electronic storage medium. 11. Can I submit my Essay Uploads without submitting my Database Container and Log File? You can upload responses to the narrative questions on the Essay Uploads page but you will be unable to successfully complete the submission process for the Full Website filing option until the Database Container is made available. 12. Do I qualify for the Streamlined Certification Process? You only qualify for the Streamlined Certification Process if you were required to file the Form 477 "Local Telephone Competition and Broadband Reporting," on March 1, 2013, to report broadband connections to end users as of December 31, 2012 and are not a Provider, Purchaser, or entity providing Best Efforts Business Broadband Internet Access Services to 15,000 or more customers or 1,500 or more business broadband customers in price cap areas. Additionally, the FCC has prepared a decisional tree diagram to help you determine whether you are required to respond to the collection which is available by clicking here. “Filer Identification” Page 13. Who is a “Purchaser – Other”? Refers to Purchasers that are not mobile wireless service providers. For more information, see Data Collection Questions 11.F.1-14 and Instructions – Pages 64-71. “Essay Uploads” Page 14. What collection Questions should appear in the Essay Uploads section for my filer type? Type of Filer Selected Essay Questions that Should Appear Competitive Provider II.A.5, A.8, A.10, A.11 Part 2, A.18, and A.19 II.D.1-2 Explanatory Attachment ILEC II.D.1-2 Explanatory Attachment Entity that provides Best Efforts Business Broadband Internet Access Service to 15,000 or more customers or 1,500 or more business II.C.1 Explanatory Attachment 19 Special Access Data Collection FAQs 11/7/14 Type of Filer Selected Essay Questions that Should Appear broadband customers in price cap areas Purchaser that is a mobile wireless service provider II.E.9-13 Explanatory Attachment Purchaser that is not a mobile wireless service provider II.F.8-12 Explanatory Attachment Voluntary Filer II.C.1 and II.F questions Explanatory Attachment 15. Is there a file size limit for Essay Uploads? Yes. The updated file size limit is now 200 MB (not 2 GB). 16. How can I submit files that exceed 2 GB? Respondents can make arrangements with FCC staff to deliver files larger than 2 GB using a portable electronic storage medium. 17. My essay responses do not contain Highly Confidential Information so what am I supposed to upload in the "Highly Confidential" field? Upload the same Confidential filing in the "Highly Confidential" field. 18. What should I file in the “Confidential” section for the fiber route maps? (Question II.A.5) Consistent with the Protective Order, you may upload a document with the stamp “REDACTED – FOR PUBLIC INSPECTION.” You must upload a document in the Confidential and Highly Confidential sections or you will receive an error message. 19. What types of files will the essay upload accept? There are no formatting restrictions on uploads responding to the Essay Questions. The essay upload will accept Microsoft Word, Microsoft Excel, Adobe PDFs, text, etc. “Database Upload” Page 20. What types of files will the database upload accept? The database container will only accept a .zip file format that does not exceed 2 Gigabytes (GB). 21. Is there a file size limit for Database Uploads? Yes. 2 GB. 22. How can I submit files that exceed 2 GB? Respondents can make arrangements with FCC staff to deliver files larger than 2 GB using a portable electronic storage medium. 23. What is a Log File? A file that provides a system check to ensure that your FCC Registration Number (FRN) matches the database container and that your database container is properly received by the FCC. 24. Why can’t I upload my Log File and Database Container? 20 Special Access Data Collection FAQs 11/7/14 The database container parties will download from the web portal to load and deliver certain data in response to the collection, e.g., location and pricing data, is undergoing final testing and is not yet available. Accordingly, the Bureau has deactivated certain functionality on the web portal that respondents will use to electronically upload the database container pending completion of the database container. This feature will become available in the near future, in Version 2.0, once testing is successfully completed. “Certification” Page 25. May a single Certification Statement cover multiple entities? Yes. Submission 26. Can I print my complete submission package? No. 27. Can I print the certification page as proof of filing? Yes. 28. When will I be able to submit responses to the Full Website. You will not be able to submit your responses until the Database Container is uploaded to the Full Website under the "Getting Started" webpage. The database container parties will download from the web portal to load and deliver certain data in response to the collection, e.g., location and pricing data, is undergoing final testing and is not yet available. Accordingly, the Bureau has deactivated certain functionality on the web portal that respondents will use to electronically upload the database container pending completion of the database container. This feature will become available in the near future, in Version 2.0, once testing is successfully completed. 29. How do I change the filer type once I submit my responses to the Full Website? You will need to contact FCC staff to reset the system to enable you to resubmit your submission in its entirety. 21