1. A. Purpose.

   1. 1. This regulation defines the requirements for designation as an Eligible Telecommunications Carrier (“ETC”) for the purpose of receiving federal universal service support, not state universal service support, pursuant to 47 U.S.C. Section 214(e) of the Federal Telecommunications Act of 1996.
   2. 2. This regulation will ensure that the commission will only grant a particular application if doing so will further the goals and purposes of the federal high-cost universal service fund and the universal service fund provisions of Section 254 of the Telecommunications Act of 1996; specifically, that consumers in all regions of South Carolina, including those in rural, insular and high-cost areas will have access to telecommunications services comparable to those in urban areas of the state.
   3. 3. Notwithstanding the ETC applicant’s regulatory status or the commission’s jurisdiction over the applicant’s regular operations, in seeking designation as an ETC, the applicant acknowledges the commission’s authority and jurisdiction to impose such regulations on ETCs, including the applicant, as are in the public interest.

2. B. Definitions.

   1. 1. Cell Site. A geographic location where antennae and electronic communications equipment are placed to create a cell in a cellular network for the use of mobile phones. A cell site is composed of a tower or other elevated structure for mounting antennae, and one or more sets of transmitter/receivers, transceivers, digital signal processors, control electronics, and backup electrical power sources and sheltering.
   2. 2. Commission. The word commission in this regulation means the Public Service Commission of South Carolina.
   3. 3. Eligible Telecommunications Carrier (ETC). An ETC is a carrier as defined in 47 U.S.C. Section 214(e).
   4. 4. Lifeline Service. Lifeline Service is a service as defined in 47 C.F.R. Section 54.401.
   5. 5. ORS. The abbreviation ORS in this regulation means the Office of Regulatory Staff.
   6. 6. Wire Center. A geographic location of one or more local switching systems; a location where customer loops converge. References to the evaluation of service within a wire center, for purposes of this regulation, shall mean an evaluation of the quality of the services provided in that part of the licensees’ service area served by a cell site in the event the applicant is a wireless service provider.

3. C. Requirements for initial designation as an Eligible Telecommunications Carrier.

   1. 1. The commission may upon its own motion or upon request, designate a common carrier that meets the requirements in this section, and the public interest standard set forth in subsection (3) of this section, as an ETC for a designated service area. ETCs shall offer services in compliance with 47 C.F.R. Section 54.101. Upon request and consistent with the public interest, convenience and necessity, the commission may, in the case of an area served by a rural telephone company, and shall, in the case of all other areas, designate more than one common carrier as an ETC for a service area designated by the commission. Before designating an additional ETC for an area served by a rural telephone company, the commission shall find that the designation is in the public interest. On or after the effective date of this rule, in order to be designated an eligible telecommunications carrier under 47 U.S.C. Section 214(e)(2) of the Federal Telecommunications Act of 1996, any common carrier in its application filed with the commission and a copy provided to the ORS must provide the informationand¹ certifications set forth in 47 C.F.R. Sections 54.201 and 54.202. In addition, the carrier must commit to provide service throughout its proposed designated service area to all customers making a reasonable request for service. Each applicant shall certify that it will (1) provide service on a timely basis to requesting customers within the applicant’s service area where the applicant’s network already passes the potential customer’s premises; and (2) provides service within a reasonable period of time, if the potential customer is within the applicant’s licensed service area but outside its existing network coverage, if service can be provided at reasonable cost by (a) modifying or replacing the requesting customer’s equipment; (b) deploying a roof-mounted antenna or other equipment; (c) adjusting the nearest cell tower; (d) adjusting network or customer facilities; (e) reselling services from another carrier’s facilities to provide service; or (f) employing, leasing or constructing an additional cell site, cell extender, repeater, or other similar equipment.
   2. 2. Carriers seeking ETC designation solely for the purpose of participation in the Lifeline program and not seeking High Cost Support, shall provide to the commission and ORS the information and certifications set forth in 47 C.F.R. Sections 54.201 and 54.202 related to Lifeline-only ETCs. Such carriers shall also submit a plan that describes the carrier’s advertising and outreach programs for identifying, qualifying, and enrolling eligible participants in the Lifeline program.

   3. 3. Public Interest Standard. Prior to designating an eligible telecommunications carrier pursuant to 47 U.S.C. Section 214(e)(2), the commission must determine that such designation is in the public interest. In doing so, the commission shall consider, inter alia, the benefits of increased consumer choice, and the unique advantages and disadvantages of the applicant’s service offering. In instances where an eligible telecommunications carrier applicant seeks designation below the study area level of a rural telephone company, the commission shall also conduct a creamskimming¹ analysis that includes, but is not limited to, comparing the population density of each wire center in which the eligible telecommunications carrier applicant seeks designation against that of the wire centers in the study area in which the eligible telecommunications carrier applicant does not seek designation. The commission shall not designate a service area to an ETC that is smaller than an entire wire center.

      ¹So in original.

Statutory Authority

1976 Code Section 58-3-140

HISTORY: Added by State Register Volume 32, Issue No. 5, eff May 23, 2008. Amended by SCSR 49-5 Doc. No. 5267, eff May 23, 2025.