Filing FCC Form 477 is due September 1st, 2009.  Information concerning this
form and online form completion website is http://www.fcc.gov/form477/.
There is also a system guide and tutorial for all Broadband Providers who
are unfamiliar with the requirements.

 

http://www.fcc.gov/Forms/Form477/477systemguide.pdf

 

Below is the FCC Regulation describing who must file the Form 477.  I have
copied the section which applies most to our industry.

 

II.                WHO MUST FILE THIS FORM?

Four types of entities must file this form.  For purposes of this
information collection, the terms “entity” and “entities” include all
commonly-controlled or commonly-owned affiliates.  (See 47 U.S.C. § 153(1)
(establishing a greater than 10 percent equity interest, or the equivalent
thereof, as indicia of ownership.))

 

A.                 Facilities-based Providers of Broadband Connections to
End User Locations:

            Entities that are facilities-based providers of broadband
connections – which, for purposes of this information collection, are wired
“lines” or wireless “channels” that enable the end user to receive
information from and/or send information to the Internet at information
transfer rates exceeding 200 kbps in at least one direction – must complete
and file the applicable portions of this form foreach state in which the
entity provides one or more such connections to end user locations.

 

For the purposes of Form 477, a broadband “end user” is a residential,
business, institutional, or government entity who uses broadband services
for its own purposes and who does not resell such services to other entities
or incorporate such services into retail Internet-access services.  For
purposes of Part I of Form 477, an Internet Service Provider (ISP) is not an
“end user” of a broadband connection.

 

For the purposes of Form 477, an entity is a “facilities-based” provider of
broadband connections to end user locations if any of the following
conditions are met: (1) it owns the portion of the physical facility that
terminates at the end user location; (2) it obtains unbundled network
elements (UNEs), special access lines, or other leased facilities that
terminate at the end user location andprovisions/equips them as broadband,
or (3) it provisions/equips a broadband wireless channel to the end user
location over licensed or unlicensed spectrum.   

 

A non-exhaustive list of examples of such entities includes incumbent and
competitive local exchange carriers (LECs), cable system operators, fixed
wireless service providers (including “wireless ISPs”), terrestrial and
satellite mobile wireless service providers, BRS providers, electric
utilities, municipalities, and other entities.  Such entities do not include
equipment suppliers unless the equipment supplier uses the equipment to
provision a broadband connection that it offers to the public for sale.
Such entities also do not include providers of terrestrial fixed wireless
services (e.g., “Wi-Fi” and other wireless Ethernet, or wireless local area
network, applications) that only enable local distribution and sharing of a
premises broadband facility, and they do not include air-to-ground services.
The applicable portions of the form for facilities-based providers are: 1)
Login & Filer Identification; 2) the relevant portion(s) of Part I; 3) Part
IV (if necessary); and 4) Part VI. 

 

Respectfully,

Rick Harnish

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