FAQs for New NY Broadband Program – New York CAF Auction
I. Post-Selection Process
A. What is an eligible telecommunications carrier?
In order to receive universal service support, an entity must be designated by the 
state(s) where it is seeking to offer service or the FCC (if the relevant state lacks 
jurisdiction over that entity) as an eligible telecommunications carrier (ETC).  
Recipients of support must offer voice telephony service on a common carrier basis 
throughout their service territory, among other requirements.
B. How can a company become an ETC in New York?
The New York Public Service Commission (New York PSC) has jurisdiction over 
wireline ISPs seeking to be designated as an ETC in New York.  Such companies 
New York Public Service Commission (New York PSC) must file an application 
with the New York PSC.  Wireless and satellite providers must seek ETC designation 
directly with the FCC.  
C. What is the process for wireless or satellite providers seeking to obtain an ETC 
designation from the FCC?  
Carriers seeking designation as an ETC from the FCC pursuant to section 214(e)(6) 
of the Telecommunications Act of 1996, 47 U.S.C. § 214(e)(6), must demonstrate 
that they fulfill the requirements of section 214(e)(1), 47 U.S.C. § 214(e)(1), and 
section 54.202 of the Commission’s rules, 47 C.F.R. § 54.202.  Any carrier 
petitioning the FCC for designation must provide an affirmative statement from the 
New York PSC that it lacks jurisdiction.  Petitioners also must certify that neither the 
petitioner nor any party to the application is subject to a denial of federal benefits, 
including FCC benefits, pursuant to section 5301 of the Anti-Drug Abuse Act of 
1988, as implemented in section 1.2002 of the Commission’s rules (47 C.F.R. § 
1.2002).  All petitions to be designated an ETC must reference WC Docket No. 09-
197and may be filed using the FCC’s Electronic Comment Filing System (ECFS) at 
https://www.fcc.gov/ecfs/.
After a provider files a petition for ETC designation directly with the FCC, the 
Wireline Competition Bureau (WCB) will release a public notice establishing a 
pleading cycle for comments on the petition.  Based on the evidence in the record, 
WCB will then promptly decide the merits of the request as soon as possible.
If the company fails to meet the burden of proof that it is not subject to the New York 
PSC’s jurisdiction, WCB will dismiss the request and direct the company to seek 
ETC designation from the New York PSC.
May 2017
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D. Upon announcement of the winning bidders in the New York auction that will 
be serving areas eligible for Connect America support, to whom should winning 
bidders provide the required letter of credit?
Provisionally selected bidders must submit at least one irrevocable stand-by letter of 
credit and Bankruptcy Code opinion letter from their legal counsel for the 
provisionally selected bids.  Original letters of credit must be submitted to the 
Universal Service Administrative Company by the applicable deadline.  Specific 
instructions on submitting the letter of credit will be forthcoming.
E. What is the initial review process the FCC will take to confirm that winning 
bidders meet Connect America eligibility requirements?
After receiving all relevant information from New York, the Commission will 
conduct a preliminary review of winning bidders selected by the New NY Broadband 
Program, and alert New York to any FCC concerns, such as delinquent debts with the 
FCC (see, e.g., 47 CFR 1.1910).  Selected bidders must comply with post-selection 
requirements – including a bidder’s long-form application, the associated required 
documentation, and a letter of credit and attorney opinion letter meeting the 
Commission’s requirements – prior to being authorized to receive federal Connect 
America support.
F. Can New York allocate its own State funding before the FCC designates 
winning bidders as ETCs in the relevant areas? 
Yes, New York can allocate its own funds to winning bidders independent of FCC 
review or designation of winning bidders as ETCs in the relevant areas.  The 
Commission’s processes only relate to the distribution of Connect America support to 
winning bidders.